alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
**Exhibit 31.1**I, Joseph C. Winkler, certify that:1. I have reviewed this quarterly report on Form 10-Q of Complete Production Services, Inc.(the “Registrant”); 2. Based on my knowledge, this report does not contain any untrue statement of a materialfact or omit to state a material fact necessary to make the statements made, in light of thecircumstances under which such statements were made, not misleading with respect to the periodcovered by this report; 3. Based on my knowledge, the financial statements, and other financial information included inthis report, fairly present in all material respects the financial condition, results ofoperations and cash flows of the Registrant as of, and for, the periods presented in thisreport; 4. The Registrant’s other certifying officer and I are responsible for establishing andmaintaining disclosure controls and procedures (as defined in Exchange Act Rules 13a -15(e)and 15d – 15(e)) for the Registrant and have: (a) Designed such disclosure controls and procedures, or caused such disclosure controlsand procedures to be designed under our supervision, to ensure that material informationrelating to the Registrant, including its consolidated subsidiaries, is made known to usby others within those entities, particularly during the period in which this report isbeing prepared;  (b) Evaluated the effectiveness of the Registrant’s disclosure controls and proceduresand presented in this report our conclusions about the effectiveness of the disclosurecontrols and procedures, as of the end of the period covered by this report based on suchevaluation; and  (c) Disclosed in this report any change in the registrant’s internal control overfinancial reporting that occurred during the Registrant’s most recent fiscal quarter (theRegistrant’s fourth fiscal quarter in the case of an annual report) that has materiallyaffected, or is reasonably likely to materially affect, the Registrant’s internal controlover financial reporting; and5. The Registrant’s other certifying officer and I have disclosed, based on our most recentevaluation of internal control over financial reporting, to the Registrant’s auditors and theaudit committee of the Registrant’s board of directors (or persons performing the equivalentfunctions): (a) All significant deficiencies and material weaknesses in the design or operation ofinternal control over financial reporting which are reasonably likely to adversely affectthe Registrant’s ability to record, process, summarize and report financial information;and  (b) Any fraud, whether or not material, that involves management or other employees whohave a significant role in the Registrant’s internal control over financial reporting.        Date: August 3, 2007 By:  /s/ Joseph C. Winkler    Joseph C. Winkler         Chief Executive Officer  
39
***Exhibit 32.1***

 

CERTIFICATION OF CHIEF EXECUTIVE OFFICER 

PURSUANT TO 18 U.S.C. SECTION 1350, AS ADOPTEDPURSUANT TO SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

 

In connection with the reporton Form 10-Q/A of Abakan Inc. for the quarterly period ended August 31, 2010,as filed with the Securities and Exchange Commission on the date hereof, I,Robert H. Miller, do hereby certify, pursuant to 18 U.S.C. §1350, as adoptedpursuant to §906 of the Sarbanes-Oxley Act of 2002, that, to the best of myknowledge and belief:

 

(1)  This report fully complies withthe requirements of section 13(a) or 15(d) of the Securities Exchange Act of1934; and

(2)  The information contained in thisreport fairly presents, in all material respects, the financial condition ofthe registrant at the end of the period covered by this report and results ofoperations of the registrant for the period covered by this report.

 

Date: September 23, 2011

 

 

/s/ Robert H. Miller

Robert H. Miller, ChiefExecutive Officer

 

This certificationaccompanies this report pursuant to §906 of the Sarbanes-Oxley Act of 2002 andshall not, except to the extent required by the Sarbanes-Oxley Act of 2002, bedeemed filed by the registrant for the purposes of §18 of the SecuritiesExchange Act of 1934, as amended. This certification shall not be incorporatedby reference into any filing under the Securities Act of 1933, as amended, orthe Securities Exchange Act of 1934, as amended (whether made before or afterthe date of this report), irrespective of any general incorporation languagecontained in such filing.

 

----
# EUR-Lex - 32011M6077 - EN

Important legal notice

*|*

# 32011M6077

**Commission Decision of 01/02/2011 declaring a concentration to be compatible with the common market (Case No COMP/M.6077 - TPG / ASHLAND DISTRIBUTION) according to Council Regulation (EC) No 139/2004 (Only the English text is authentic) **

*

*

|EUROPEAN COMMISSION |

Brussels , 01/02/2011

SG-Greffe(2011) D/11699

C(2011)674 Final

PUBLIC VERSION

MERGER PROCEDURE ARTICLE 6(1)(b) DECISION

SIMPLIFIED PROCEDURE

To the notifying party:

Dear Madam(s) and/or Sir(s),

Subject: Case No COMP/M.6077 – TPG/ ASHLAND DISTRIBUTION Notification of 22/12/2010 pursuant to Article 4 of Council Regulation (EC) No 139/2004 [1] Publication in the Official Journal of the European Union No C 006, 11.01.2011, p.18

1. On 22/12/2010, the European Commission received notification of a proposed concentration pursuant to Article 4 of the Merger Regulation by which TPG Holdings II, L.P. (“TPG”, USA), acquires within the meaning of Article 3(1)(b) of the Merger Regulation control of part of Ashland Inc. (“Ashland Distribution”, USA) by way of purchase of assets.

The business activities of the undertakings concerned are:

- TPG: TPG is a member of the TPG Group, a global private investment firm that manages a family of funds,

- Ashland Distribution: the distribution business of Ashland Inc that is active in Europe mainly in the provision of products and services to the plastics processing industry, with a broad range of polymers, as well as in chemicals and composite raw materials and environmental services in the United States.

2. After examination of the notification, the European Commission has concluded that the notified operation falls within the scope of the Merger Regulation and of paragraph 5(c) of the Commission Notice on a simplified procedure for treatment of certain concentrations under Council Regulation (EC) No 139/2004 [2] .

3. For the reasons set out in the Notice on a simplified procedure, the European Commission has decided not to oppose the notified operation and to declare it compatible with the internal market and with the EEA Agreement. This decision is adopted in application of Article 6(1)(b) of the Merger Regulation.

For the Commission (Signed) Alexander ITALIANER Director General

[1]OJ L 24, 29.1.2004, p. 1 ("the Merger Regulation"). With effect from 1 December 2009, the Treaty on the Functioning of the European Union ("TFEU") has introduced certain changes, such as the replacement of "Community" by "Union" and "common market" by "internal market". The terminology of the TFEU will be used throughout this decision.

[2] OJ C 56, 5.3.2005, p. 32.
# L_2011063EN.01002801.xml

| 10.3.2011 | EN | Official Journal of the European Union | L 63/28 |
| --- | --- | --- | --- |

10.3.2011

EN

Official Journal of the European Union

L 63/28

---

Corrigendum to Commission Regulation (EU) No 144/2011 of 17 February 2011 amending Regulation (EU) No 206/2010 laying down lists of third countries, territories or parts thereof authorised for the introduction into the European Union of certain animals and fresh meat and the veterinary certification requirements

(
  Official Journal of the European Union L 44 of 18 February 2011
  )

On page 11, Model BOV-X, point II.1.3:

for:

| ‘(1)(3) or | [(a) | the animals are identified by a permanent identification system enabling them to be traced back to the dam and herd of origin, and are not exposed bovine animals as described in Chapter C, Part I, point (4)(b)(iv) of Annex II of Regulation (EC) No 999/2001;’, |
| --- | --- | --- |

‘(1)(3) or

[(a)

the animals are identified by a permanent identification system enabling them to be traced back to the dam and herd of origin, and are not exposed bovine animals as described in Chapter C, Part I, point (4)(b)(iv) of Annex II of Regulation (EC) No 999/2001;’,

read:

| ‘(1)(3) or | [(a) | the animals are identified by a permanent identification system enabling them to be traced back to the dam and herd of origin, and are not exposed bovine animals as described in Chapter C, Part II, point (4)(b)(iv) of Annex II of Regulation (EC) No 999/2001;’. |
| --- | --- | --- |

‘(1)(3) or

[(a)

the animals are identified by a permanent identification system enabling them to be traced back to the dam and herd of origin, and are not exposed bovine animals as described in Chapter C, Part II, point (4)(b)(iv) of Annex II of Regulation (EC) No 999/2001;’.

---
##### 



Exhibit
10.2




---



##### 



OMNIBUS AGREEMENT
 Agreement Spectra GP LLC General Partner Partnership Party Parties
 RECITALS:
    ARTICLE I
Definitions
 1.1 Definitions.
  Affiliate
 Agreement
 Cause
 Change of Control Applicable Person




---



##### 



Closing Date
 Common Units
 Conflicts Committee
 Covered Environmental Losses
   CPI Index
 Environmental Activities
 -2-




---



##### 



Environmental Laws
 Environmental Permit
 Exchange Act
 G&A Expenses Limit
 General Partner
 GP LLC
 Gulfstream
 Gulfstream Assets
 Hazardous Substance
 -3-




---



##### 



Indemnified Party
 Indemnifying Party
 Losses
 Market Hub
 Market Hub Assets
 Partnership
 Partnership Agreement
 Partnership Assets
 Partnership Entities
 Partnership Group
 Partnership Group Member
 -4-




---



##### 



Partnership Indemnitee provided
 Party Parties
 Person
 Registration Statement
 Release
 Retained Assets
 Subsidiary
 Spectra
 Units
 Voting Securities
 ARTICLE II
Indemnification
 2.1 Environmental Indemnification.
 provided


-5-



---



##### 







provided








2.2 Additional Indemnification




provided


-6-



---



##### 



provided
    provided however
 -7-




---



##### 





provided


2.3 Indemnification Procedures.


provided however


provided however


provided however provided however -8-




---



##### 









ARTICLE III
Reimbursement Obligations


3.1 Reimbursement for Allocated Corporate, General and Administrative Expenses; Limitations on
Reimbursement


Corporate Governance




G&A Expenses Limit CPI Index -9-




---



##### 









3.2 Reimbursement for Direct Expenses


provided






3.3 Budgets: Capital; Operating and Maintenance Expenses; and Corporate Governance Expenses




-10-




---



##### 



ARTICLE IV
Miscellaneous
 4.1 Choice of Law; Submission to Jurisdiction.
 4.2 Notice
  
  
 4.3 Entire Agreement
 4.4 Termination
 -11-




---



##### 



4.5 Effect of Waiver or Consent
 4.6 Amendment or Modification provided however
 4.7 Assignment; Third-Party Beneficiaries
 4.8 Counterparts
 4.9 Severability
 4.10 Gender, Parts, Articles and Sections
 4.11 Further Assurances
 -12-




---



##### 



4.12 Withholding or Granting of Consent
 4.13 Laws and Regulations
 4.14 Negation of Rights of Limited Partners, Assignees and Third Parties
 4.15 No Recourse Against Officers or Directors
 4.16 Successors
 -13-




---



##### 



SPECTRA ENERGY CORPBy:

/s/
Allan HarrisAllan HarrisChief Development OfficerSPECTRA ENERGY PARTNERS GP, LLCBy:

/s/
C. Gregory HarperC. Gregory HarperPresident and Chief Executive OfficerSPECTRA ENERGY PARTNERS (DE) GP, LPBy:
    Spectra Energy Partners GP,
LLC,its general partnerBy:
    /s/ C. Gregory HarperC. Gregory HarperPresident and Chief Executive OfficerSPECTRA ENERGY PARTNERS, LPBy:
    Spectra Energy Partners (DE)
GP, LP, its general partnerBy:
    Spectra
Energy Partners GP, LLC, its general partnerBy:
    /s/ C. Gregory HarperC. Gregory HarperPresident and Chief Executive Officer Signature Page to the Omnibus Agreement]
##### 








---



##### 



1.
    
    The Company is a corporation duly incorporated, validly existing and in good
standing under the laws of the State of Delaware.2.
    
    The Preferred Shares have been duly authorized and, when issued and delivered
in accordance with the Underwriting Agreement against payment therefor, will be validly
issued, fully paid and nonassessable.3.
    
    The Underlying Shares have been duly authorized and, upon issuance in
accordance with the terms and provisions of the Certificate of Designations, will be
validly issued, fully paid and nonassessable.
   Very truly yours,/s/ Porter & Hedges, L.L.P.Porter & Hedges, L.L.P.
Table of Contents


EXHIBIT 32(a)




CERTIFICATION OF PERIODIC REPORT




I, Mark F. Furlong, certify, pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, 18 U.S.C. Section 1350, that to my knowledge:




(1.)
the Quarterly Report on Form 10-Q of Marshall & Ilsley Corporation (the “Company”) for the quarter ended June 30, 2009 (the “Report”) fully complies with the requirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934 (14 U.S.C. 78m or 78o(d)); and




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




Dated:  August 10, 2009




/s/ Mark F. Furlong


_______________________________


Mark F. Furlong


Chief Executive Officer


Marshall & Ilsley Corporation




This certification accompanies this Quarterly Report on Form 10-Q pursuant to Section 906 of the Sarbanes-Oxley Act of 2002 and shall not be deemed filed by Marshall & Ilsley Corporation for purposes of the Securities Exchange Act of 1934.






89
## U NITED 

## S TATES 

## N AVY



## – M ARINE 

## C ORPS 

## C OURT OF 

## C RIMINAL 

## A PPEALS

_________________________ No

. 201 700100

_________________________ 

### UNITED STATES OF AMERICA

Appellee

v. 

### SAMUEL T. BOYLES Hospitalman Apprentice (E

- 2 ), U

. S

. Navy

Appellant

_________________________ A ppeal from the United States Navy

- Marine Corps Trial Judiciary

Military Judge: Lieutenant Colonel Michael D. Zimmerman
, USMC

. Convening Authority: C ommanding General, Training Command, Quantico, VA. Staff Judge Advocate’s Recommendation: Lieutenant Colone l

Michael E. Sayegh
, USMC

. For Appellant : C ommander C. Eric Roper, JAGC, USN.

For Appellee: Brian K. Keller, Esq.

_________________________ Decided 30 June 2017

_________________________ Before C AMPBELL , F ULTON , and H UTCHISON , Appellate Military Judges

___ ______________________ After careful consideration of the record, submitted without assignment of error, we affirm the findings and sentence as approved by the convening authority. Art. 66(c), Uniform Code of Military Justice, 10 U.S.C. § 866(c). T 

### he supp lemental promulgating order will reflect that following the
merger of Specification s 2 and 5 under Charge I, Specification 2 reads as follows: In that Hospitalman Apprentice Samuel T. Boyles, U.S. Navy Reserves, on active duty, did, at an unknown location, on or about 10 January 2016, commit a lewd act upon D.M.S., a child who had not attained the age of 16 years, to wit: intentionally communicating indecent language to D.M.S., through communication technology, and intentionally sending a digital image of a n erect penis to D.M.S. through communication technology with an intent to arouseUnited States v. Boyles , No. 201700100

2 

### or gratify his sexual desire. United States v. Crumpley , 49 M.J. 538, 539 (N

- M. Ct. Crim. App. 1998).

For the Court

R.H. TROIDL Clerk of Court
## State of N ew York Su p reme C ou rt, A p p ellate Division Third J u dicial Dep artment Decided and Entered: April 21, 2016 521824

________________________________ In the Matter of the Claim of DANIEL G. SMITH, Appellant. MEMORANDUM AND ORDER COMMISSIONER OF LABOR, Respondent.

________________________________ Calendar Date: February 23, 2016 Before: Lahtinen, J.P., Garry, Rose and Clark, JJ.

__________ Daniel G. Smith, South Glens Falls, appellant pro se. Eric T. Schneiderman, Attorney General, New York City (Bessie Bazile of counsel), for respondent.

__________ Appeal from a decision of the Unemployment Insurance Appeal Board, filed January 6, 2015, which ruled that claimant was disqualified from receiving unemployment insurance benefits because his employment was terminated due to misconduct. Substantial evidence supports the decision of the Unemployment Insurance Appeal Board finding that claimant, a technical support representative, was discharged from his employment due to disqualifying misconduct. "It is well settled that failure to abide by a known policy of the employer can constitute disqualifying misconduct" (Matter of Wise [Commissioner of Labor], 19 AD3d 795, 795 [2005] [citations omitted]; see Matter of Intini [Commissioner of Labor], 123 AD3d 1347, 1349 [2014]; Matter of Brauneisen [GEICO Ins. Co. –Commissioner of Labor], 72 AD3d 1381, 1382 [2010]). Claimant, who worked from home, admitted that he was aware of the employer's policy that he was not to use the employer-issued-2- 521824

computer for personal reasons and that he was not to access the Internet for non-business purposes while speaking on the telephone with a customer. He further admitted to accessing a pornographic website on the employer's computer while on a call with a customer. Under these circumstances, we find no reason to disturb the Board's finding that claimant was not entitled to benefits. Further, contrary to claimant's contention, the question as to whether or not his conduct constituted "gross misconduct" for the purposes of continued health coverage after termination pursuant to the Consolidated Omnibus Budget Reconciliation Act (29 USC §§ 1162 [2] [A] [1]; 1163 [2]) is not binding on the Board in determining disqualifying misconduct for unemployment insurance benefit purposes (see generally Matter of Local 54 United Paperworkers Intl. Union [Commissioner of Labor], 301 AD2d 922, 923 [2003]; Matter of Scott v Manzi Taxi & Transp. Co., 179 AD2d 949, 951 [1992], lv denied 80 NY2d 752 [1992]). Lahtinen, J.P., Garry, Rose and Clark, JJ., concur.

ORDERED that the decision is affirmed, without costs.

ENTER:

Robert D. Mayberger Clerk of the Court
**Exhibit 23.1****Consent of Independent Registered Public Accounting Firm**We consent to the reference to our firm under the caption “Experts” in this Registration Statement(Form S-3) and related Prospectus of Calumet Specialty Products Partners, L.P. for the registrationof common units and debt securities and to the incorporation by reference therein of our reportdated February 22, 2007, with respect to the consolidated financial statements of Calumet SpecialtyProducts Partners, L.P. and our report dated February 22, 2007 with respect to the balance sheet ofCalumet GP, LLC, included in its Annual Report (Form 10-K) for the year ended December 31, 2006,filed with the Securities and Exchange Commission./s/ Ernst & Young LLPIndianapolis, Indiana
##### 



Exhibit 10.1
 POST-CLOSING EMPLOYEE MATTERS AGREEMENT
 Agreement Helix Cal Dive
 RECITALS
 IPO
    ARTICLE 1
DEFINITIONS
  Cal Dive Entity
 Cal Dive Welfare Plan
 -1-




---



##### 



COBRA
 Code
 ERISA
 Helix Employee
 Helix Entity
 Helix Welfare Plan
 IPO
 IPO Closing Date
 Master Agreement
 Plan
 Transfer Date
 Transferred Employee
  -2-




---



##### 



ARTICLE 2
GENERAL
 Assumption/Retention of Liabilities
 No Helix Severance Event
 Recognition of Service
 ARTICLE 3
WELFARE PLANS
 Welfare Plan Participation and Liabilities
 Termination of Group Welfare Plan Participation
 Reimbursement.
 Allocation of Liabilities
 -3-




---



##### 



Cal Dive Group Health Plan, COBRA
 Helix Assets
 Credit for Amounts Paid
 ARTICLE 4
COMPENSATION MATTERS
AND NON-ERISA BENEFIT ARRANGEMENTS
 Assumption of Individual Agreements
 -4-




---



##### 



Stock Incentive Plans
 Outstanding Helix Stock Options Helix Stock Incentive Plans th Stock Option Service
Fees Stock Option Accounting
Costs and Expenses
 -5-




---



##### 



Outstanding Helix Restricted Stock Awards Restricted Stock Service Fees Restricted Stock Accounting
Costs and Expenses
 -6-




---



##### 



Helix Employee Stock Purchase Plan
 Annual Incentive Compensation
 Workers Compensation
 Accrued Vacation and other Paid Time Off
 Leaves of Absence
 ARTICLE 5
GENERAL PROVISIONS
 No Third Party Beneficiaries; Preservation of Rights to Amend
 -7-




---



##### 



Schedule of Transferred Employees. Schedule 1
 Personnel Records
 Applicability to Subsidiaries
 Fiduciary Matters
 Administrative Complaints/Litigation
 Reimbursement and Indemnification
 -8-




---



##### 



Singular/Plural Words
 Master Agreement Provisions
 Applicable Law
 -9-




---



##### 



HELIX ENERGY SOLUTIONS GROUP, INC.By:
    
    /s/ Martin FerronName:
    
    Martin FerronTitle:
    

President
& CEOCAL DIVE INTERNATIONAL, INC.By:
    
    /s/ Quinn J. HébertName:
    
    Quinn J. HébertTitle:
    

President
and Chief Executive Officer
 -10-




---



##### 



Employee
    
    Transfer DateJohn Sokol
    
    February 1, 2007Brent SmithGlenn Cormier
 -11-