alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### WOOD v. BROTHERHOOD OF RAILROAD TRAINMEN.

No. 11678.

Court of Civil Appeals of Texas. Dallas.

Jan. 13, 1934.

Rehearing Denied Feb. 10, 1934.

C. E. Cusack, of Dallas, for appellant.

Davidson, Randall & Gray, of Dallas, for appellee.

JONES, Chief Justice.

Appellant, Arthur W. Wood, instituted this suit in a district court of Dallas county against the Brotherhood of Railroad Trainmen, appellee, to recover the face value of $5,000 on a certificate of insurance issued to him by appellee, and, as ancillary to such suit, subsequently presented a petition for the issuance of a temporary mandatory injunction, to require appellee to set aside from a fund held by it to protect insurance certificates a sum equal to the face value of his policy. The trial court sustained a general demurrer to the petition for injunction, and appellant has duly perfected an appeal. The following are the necessary faces:

Appellee is a voluntary unincorporated association, operating under a lodge system, composed of one Grand Lodge which has its headquarters in the city of Cleveland, state of Ohio, and subordinate lodges, chartered by the Grand Lodge, located throughout the United States and Canada, one of such lodges being in the city of Dallas, and of which appellant is a member. The petition states a cause of action against appellee for recovery on the certificate of insurance, but the claim for recovery is contested by appellee.

The petition for injunction shows the residence of appellee to be in said city of Cleveland, and that its administrative officers reside in said city; it further shows that the fund appellant seeks to impound, by the issuance of a mandatory injunction, is also located in said city, and does not show that any fund of appellee is within the state of Texas. It does show that such fund is being depleted by the payment of claims, and that there is grave danger that such fund will be exhausted before a judgment could be entered in appellant’s case. The relief sought is that appellee be required to set aside from the beneficiary fund, located in the state of Ohio, “an amount sufficient to satisfy any judgment that might be rendered in this cause, in behalf of plaintiff, and to deposit same into the registry of this court, or such other depository as the court may direct, pending final disposition of this cause, and until further orders of this court.”

It affirmatively appears from the petition that it is sought in a district court of Dallas county to have a decree entered in the nature of a mandatory injunction against a nonresident defendant, and to operate upon funds that are not located within the state of Texas. The district court of Dallas county has no such extraterritorial jurisdiction, and hence the court did not err in sustaining the general demurrer to the petition for such relief. Royal Fraternal Union v. Lunday, 51 Tex. Civ. App. 637, 113 S; W. 185; Gaines et al. v. Farmer et al., 55 Tex. Civ. App. 601, 119 S. W. 874.

It necessarily follows that the trial court did not err in sustaining the general demurrer, dismissing the petition for a temporary writ of injunction, and that the judgment should be affirmed.

■ Affirmed.
EX-4.3



 Exhibit 4.3 

CONSENT OF SCOTIA CAPITAL INC. 

We refer to the Fairness Opinion (the “Fairness Opinion”) dated July 22, 2014, which we prepared for the Special
Committee of Bell Aliant Inc. (the “Company”) in connection with the offer being made by the Offeror to the holders of common shares of the Company, other than the Offeror and its affiliates. We consent to the inclusion of the
summary of the Fairness Opinion in the Offer and Circular, dated August 14, 2014, which in turn is included in the Registration Statement on Form F-8 of the Offeror, dated the date hereof and filed with the Securities and Exchange Commission. In
giving such consent, we do not admit that we come within the category of persons whose consent is required under Section 7 of the U.S. Securities Act of 1933, as amended, or the rules and regulations adopted by the U.S. Securities and Exchange
Commission thereunder, nor do we admit that we are experts with respect to any part of the Registration Statement within the meaning of the term “experts” as used in the U.S. Securities Act of 1933, as amended, or the rules and regulations
of the U.S. Securities and Exchange Commission thereunder. 
  

			
	 Scotia Capital Inc.

		
	 By
	 	




		 	 Name: Firas Kitmitto

Title: Managing Director, M&A



 Toronto, Ontario 

August 14, 2014
# L_2011056EN.01000501.xml

| 1.3.2011 | EN | Official Journal of the European Union | L 56/5 |
| --- | --- | --- | --- |

1.3.2011

EN

Official Journal of the European Union

L 56/5

---

COMMISSION REGULATION (EU) No 195/2011

of 28 February 2011

cancelling the registration of a name in the Register of protected designations of origin and protected geographical indications (Gögginger Bier (PGI))

THE EUROPEAN COMMISSION,

Having regard to the Treaty on the Functioning of the European Union,

Having regard to Council Regulation (EC) No 510/2006 of 20 March 2006 on the protection of geographical indications and designations of origin for agricultural products and foodstuffs (1), and in particular Article 12(1) thereof,

Whereas:

| (1) | In accordance with the second subparagraph of Article 12(2) of Regulation (EC) No 510/2006, and pursuant to Article 17(2) of the same Regulation, the application submitted by Germany to cancel the name ‘Gögginger Bier’ in the Register was published in the Official Journal of the European Union (2). |
| --- | --- |

(1)

In accordance with the second subparagraph of Article 12(2) of Regulation (EC) No 510/2006, and pursuant to Article 17(2) of the same Regulation, the application submitted by Germany to cancel the name ‘Gögginger Bier’ in the Register was published in the Official Journal of the European Union (2).

| (2) | As no objection within the meaning of Article 7 of Regulation (EC) No 510/2006 has been received by the Commission, registration of this name must therefore be cancelled. |
| --- | --- |

(2)

As no objection within the meaning of Article 7 of Regulation (EC) No 510/2006 has been received by the Commission, registration of this name must therefore be cancelled.

| (3) | In light of the above, this name must therefore be removed from the ‘Register of protected designations of origin and protected geographical indications’. |
| --- | --- |

(3)

In light of the above, this name must therefore be removed from the ‘Register of protected designations of origin and protected geographical indications’.

| (4) | The measures provided for in this Regulation are in accordance with the opinion of the Standing Committee on Protected Geographical Indications and Protected Designations of Origin, |
| --- | --- |

(4)

The measures provided for in this Regulation are in accordance with the opinion of the Standing Committee on Protected Geographical Indications and Protected Designations of Origin,

HAS ADOPTED THIS REGULATION:

Article 1

Registration of the name listed in the Annex to this Regulation is hereby cancelled.

Article 2

This Regulation shall enter into force on the 20th day following its publication in the Official Journal of the European Union.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 28 February 2011.

For the Commission

The President

José Manuel BARROSO

---

(1)  
  OJ L 93, 31.3.2006, p. 12.

1

(2)  
  OJ C 315, 23.12.2009, p. 26.

2

---

ANNEX

Foodstuffs listed in Annex I to Regulation (EC) No 510/2006:

Class 2.1.   Beers

GERMANY

Gögginger Bier (PGI)

---
##### 



Exhibit 3(ii)
 AMENDED AND RESTATED
BYLAWS
OF
SUPERIOR ENERGY SERVICES, INC.
(as amended through September 12, 2007)
 SECTION 1.
OFFICES
 Registered Office
 Other Offices
 SECTION 2.
MEETINGS OF STOCKHOLDERS
 Annual Meetings
 Special Meetings
 Notice of Stockholder Nominations and Business
  th th




---



##### 



th
 th
 2




---



##### 



th
    Notice of Stockholder Meetings
   3




---



##### 



Stockholder List
 Quorum
 4




---



##### 



Proxies
 Voting
 Inspector of Elections; Opening and Closing of Polls; Conduct of Meetings
    5




---



##### 



SECTION 3.
DIRECTORS
 Powers
 Number
 Resignation and Vacancies
 Compensation
 SECTION 4.
MEETINGS OF THE BOARD
 Meetings
   6




---



##### 



Quorum
 Action at Meeting
 Action by Consent
 Meetings by Telephone
 Presiding Officer
 Committees
   7




---



##### 



SECTION 5.
OFFICERS
 Officers
 Chairman of the Board
 Chief Executive Officer
 President
 8




---



##### 



Chief Operating Officer
 Chief Financial Officer
 Treasurer
 Vice Presidents
 Secretary
  9




---



##### 



Term of Office; Removal; Vacancies
 Other Officers
 Multiple Officeholders; Stockholder and Director Officers
 SECTION 6.
INDEMNIFICATION
 Right to Indemnification
 10




---



##### 



Advance Payment
 Indemnification of Employees and Agents
 Right of Claimant to Bring Suit
 Insurance, Contracts and Funding
 11




---



##### 



Reformation
 SECTION 7.
GENERAL PROVISIONS
 Share Certificates and Uncertificated Shares
 Lost Certificates
 Fixing Record Date
 12




---



##### 



Dividends
 Waiver of Notice
 Fiscal Year
 Seal
 SECTION 8.
AMENDMENTS
  13
##### 



CERTIFICATION OF PRINCIPAL FINANCIAL OFFICER
PURSUANT TO SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002 (18 U.S.C. § 1350)
     /s/ John T. McLaughlinJohn T. McLaughlinChief Financial Officer
##### 



United States
Securities and Exchange Commission
 Washington, D.C. 20549
 Form 8-K
 Current Report
 Pursuant to Section 13 or 15(d) of the
Securities Exchange Act of 1934
 August 8, 2007
 Endeavour International Corporation
  Nevada
(State or other jurisdiction of 
incorporation)
    
    001-32212
(Commission file
Number)
    
    88-0448389
(I.R.S. Employer
Identification No.)
 1000 Main, Suite 3300, Houston, Texas 77002
 (713) 307-8700
 
  o
 o
 o
 o




---



##### 



Endeavour International Corporation
 ITEM 7.01. Regulation FD Disclosure.
   ITEM 9.01. Financial Statements and Exhibits.
   SIGNATURES
  Endeavour International Corporation
**Exhibit 32.1**

 

**Certificationof Chief Executive Officer pursuant to**

**18 U.S.C. Section 1350,**

**as adoptedpursuant to**

**Section 906of the Sarbanes-Oxley Act of 2002**

 

In connection with the Quarterly Report on Form 10-Qof Pzena Investment Management, Inc. (the “Company”) for the quarter endedMarch 31, 2010, as filed with the Securities and Exchange Commission (the “Report”),Richard S. Pzena, as Chief Executive Officer of the Company certifies, pursuantto 18 U.S.C. § 1350, as adopted pursuant to § 906 of the Sarbanes-OxleyAct of 2002, that:

 

(1)           The Report fully complies with the requirements ofsection 13(a) or 15(d) of the Securities Exchange Act of 1934;and

 

(2)           The information contained in the Report fairlypresents, in all material respects, the financial condition and results ofoperations of the Company.

 
| Dated: May 7, 2010 | /s/ RICHARD S. PZENA             |
|-------------------------|----------------------------------|
|                    |                             |
|                    | Name: Richard S. Pzena           |
|                    | Title: *Chief Executive Officer* |

 

----
Exhibit 32.1  CERTIFICATION PURSUANT TO 18 U.S.C. SECTION 1350, AS ADOPTED PURSUANT TO SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002   In connection with the quarterly report of DKR Holdings, Inc. (the "Company") on Form 10-Q for the period ended June 30, 2008 (the "Report'), I, Gerald Bush, Chief Executive Officer and Chief Financial Officer of the Company, certify, pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that:  (1) The Report fully complies with the requirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934, as amended; and  (2) The information contained in the Report fairly presents, in all material respects, the financial condition and result of operations of the Company.  August 12, 2008    /s/ Gerald Bush Gerald Bush Chief Executive Officer, Chief Financial Officer
Watch Video: Quantum Science at ORNL

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NOTE: This order is nonprecedential. 

United States Court of Appeals 

for the Federal Circuit

__________________________ 

GERALD ALLEN PERRY, 

Plaintiff-Appellant, 

v.

UNITED STATES, 

Defendant-Appellee. 

__________________________ 

2013-5120 

__________________________ 

Appeal from the United States Court of Federal 

Claims in No. 13-CV-0332, Judge Lynn J. Bush. 

__________________________ 

ON MOTION

__________________________ 

O R D E R

Gerald Allen Perry moves for leave to proceed in forma pauperis. 

Perry is incarcerated. Pursuant to the Prisoner Litigation Reform Act of 1995, this court may not authorize 

the prosecution of an appeal by a prisoner without the 

prepayment of fees. 28 U.S.C. § 1915. A prisoner is no 

longer afforded the alternative of proceeding without 

Case: 13-5120 Document: 13 Page: 1 Filed: 11/27/2013
PERRY v. US 2

payment of filing fees, but must, in time, pay the $455 

filing fee in its entirety. When funds exist, an initial 

partial payment must be made consisting of 20% of the 

greater of (a) the average monthly deposits to the prisoner’s account or (b) the average monthly balance in the 

prisoner’s account for the six-month period immediately 

preceding the filing of the notice of appeal. 28 U.S.C. § 

1915(b)(1). Thereafter, the prisoner is required to make 

monthly payments of 20% of the preceding month’s income credited to the prisoner’s account. 28 U.S.C. § 

1915(b)(2). The agency with custody of the prisoner must 

forward payments from the prisoner’s account each time 

the amount in the account exceeds $10 until the $455 

filing fee is paid in full. Id. 

By separate letter, the custodian of Perry’s prison account is being directed to make the necessary arrangements to forward the filing fee to the court. 

Accordingly, 

IT IS ORDERED THAT

Perry’s motion to proceed in forma pauperis is denied.

 FOR THE COURT

 /s/ Daniel E. O’Toole

 Daniel E. O’Toole

 Clerk of Court

s24 

Case: 13-5120 Document: 13 Page: 2 Filed: 11/27/2013
II

106TH CONGRESS

2D SESSION S. 2802

To amend the Equity in Educational Land-Grant Status Act of 1994 to

add White Earth Tribal and Community College to the list of 1994

Institutions.

IN THE SENATE OF THE UNITED STATES

JUNE 27, 2000

Mr. WELLSTONE introduced the following bill; which was read twice and

referred to the Committee on Health, Education, Labor, and Pensions

A BILL

To amend the Equity in Educational Land-Grant Status

Act of 1994 to add White Earth Tribal and Community

College to the list of 1994 Institutions.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. ADDITION TO LIST OF 1994 INSTITUTIONS.

4 Section 532 of the Equity in Educational Land-Grant

5 Status Act of 1994 (Public Law 103–382; 7 U.S.C. 301

6 note) is amended by adding at the end the following:

7 ‘‘(31) White Earth Tribal and Community Col8 lege.’’.

Æ
Exhibit
32.2
 
 CERTIFICATION
PURSUANT TO
 18
U.S.C. Section 1350,
 AS
ADOPTED PURSUANT TO
 SECTION
906 OF THE SARBANES-OXLEY ACT OF 2002
   In
connection with the Quarterly Report of TC Power Management Corp. (the
"Company") on Form 10-Q for the quarter ended February 28, 2009 as filed with
the Securities and Exchange Commission on the date here of (the "report"), I,
Nigel Johnson, Chief Financial Officer, Principal Accounting Officer, Secretary,
and Treasurer, certify, pursuant to 18 U.S.C. Section 1350, as adopted pursuant
to Section 906 of the Sarbanes-Oxley Act of 2002, that:
  (1)
                The
      Report fully complies with the requirements of Section 13(a) or 15(d) of
      the Securities Exchange Act of 1934;
and
  (2)
                The
      information contained in this Report fairly presents, in all material
      respects, the financial condition and results of operations of the
      Registrant.
  A signed
original of this written statement required by Section 906 has been provided to
TC Power Management Corp., and will be retained by TC Power Management Corp. and
furnished to the Securities and Exchange Commission or its staff upon
request.
   Dated
this 14th day of April, 2009.
  /s/ Nigel Johnson
 Nigel
Johnson
 Chief
Financial Officer, Principal
 Accounting
Officer, Secretary, and Treasurer
##### 



As Adopted  by the Board of Directors of  Pzena Investment Management, Inc.  on October 24, 2007
 PZENA INVESTMENT MANAGEMENT, LLC
 AMENDED AND RESTATED BONUS PLAN
 Effective as of October 30, 2007




---



##### 



TABLE OF CONTENTS
 Page1.   Purpose
    
    
    12.   Nature of Plan
    
    
    13.   Definitions
    
    
    14.   Bonus Awards
    
    
    45.   Mandatory Deferral of Restricted Amounts
    
    
    56.   Accounts
    
    
    87.   Administration
    
    
    98.   Amendment and Termination
    
    
    109.   Unfunded Status of Accounts
    
    
    1010. Effective Date
    
    
    1011. Miscellaneous
    
    
    10
 i




---



##### 



PZENA INVESTMENT MANAGEMENT, LLC
AMENDED AND RESTATED BONUS PLAN
Effective as of October 30, 2007
 1. Purpose
  2. Nature of Plan
  3. Definitions
 Account
 Allocation Date
 Bonus Award
 Cause




---



##### 



Client
 Code
 Committee
 Company
 Compensation
 Confidential Information
 Distribution Equivalent
 Eligible Individual
 2




---



##### 



Equity Incentive Plan
 FICA Amount
 Fiscal Year
 Good Reason
   Investment Options
 Investment Advisory Services
 Managing Member
 Market Value
 Operating Agreement
 Participant
 Person
 3




---



##### 



Plan
 Restricted Amount
 Restricted Share Units
 Restriction Period
 Separation from Service
 Service
 Unit
 Valuation Date
 Vesting Date
 4. Bonus Awards
 Grant of Bonus Awards
 Time of Payment
 4




---



##### 



5. Mandatory Deferral of Restricted Amounts
 Application of Section to Eligible Individuals
 Restricted Amount
   Member Participants
 Other Participants
 Restricted Share Units
   5




---



##### 



Vesting
  Vesting Date(Time Elapsed Since Last Dayof Fiscal Year For 
Which Bonus Earned)
    
    
    Percentage
Vesting on Vesting Date1 year
    
    
    25%2 years
    
    
    50%3 years
    
    
    75%4 years
    
    
    100%
  6




---



##### 



7




---



##### 



6. Accounts
 Establishment of Accounts
 Investment of Accounts
 Allocation of Income and Losses
 Payments from Accounts and Settlement of Restricted Share Units
 pari passu
  8




---



##### 



7. Administration
 Power and Authority of the Committee
                Determinations of Committee Final and Binding
 9




---



##### 



Indemnification of Committee
 8. Amendment and Termination
  9. Unfunded Status of Accounts
  10. Effective Date
  11. Miscellaneous
 Assignability
 10




---



##### 



No Guarantee of Employment
 Taxation of Accounts and Compliance with Section 409A of the Code
        Withholding
 11




---



##### 



Governing Law
 Gender and Number
 Headings
 12
EXHIBIT 32.1

                    CERTIFICATION OF CHIEF EXECUTIVE OFFICER
                       PURSUANT TO 18 U.S.C. SECTION 1350,
                             AS ADOPTED PURSUANT TO
                  SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

In connection with the Quarterly Report of Purden Lake Resource Corp. (the
"Company") on Form 10-Q for the period ending December 31, 2008 as filed with
the Securities and Exchange Commission on the date hereof (the "Report"), I,
Lisa Lopomo, Chief Executive Officer of the Company, certify, pursuant to 18
U.S.C. ss.1350, as adopted pursuant to ss.906 of the Sarbanes-Oxley Act of 2002,
that:

     (1)  The Report fully  complies with the  requirements  of section 13(a) or
          15(d) of the Securities Exchange Act of 1934; and

     (2)  The  information  contained  in the  Report  fairly  presents,  in all
          material respects, the financial condition and result of operations of
          the Company.

IN WITNESS WHEREOF, the undersigned has executed this certification as of the
10th day of February, 2009.


/s/ Lisa Lopomo
---------------------------------
Chief Executive Officer
Exhibit 32.1





CERTIFICATION PURSUANT TO


18 U.S.C. SECTION 1350,


AS ADOPTED PURSUANT TO


SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002


In connection with the Annual Report of Venture Lending & Leasing VII, Inc. (the "Fund") on Form 10-K for the year ending December 31, 2018 as filed with the Securities and Exchange Commission on the date hereof (the "Report"), I, Maurice C. Werdegar, President and Chief Executive Officer of the Fund, certify, pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that:


(1) The Report fully complies with the requirements of section 13(a) or 15(d) of the Securities Exchange Act of 1934; and


(2) The information contained in the Report fairly presents, in all material respects, the financial condition and result of operations of the Fund.





/S/ Maurice C. Werdegar


Maurice C. Werdegar


President and Chief Executive Officer


(Principal Executive Officer)


March 14, 2019