alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
* Pursuant to 5TH CIR. R. 47.5, the court has determined

that this opinion should not be published and is not precedent

except under the limited circumstances set forth in 5TH CIR.

R. 47.5.4.

IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

 

No. 99-10678

Conference Calendar

 

DONALD R. FRANK,

Plaintiff-Appellant,

versus

GARY BROWN, Jones County 

District Attorney,

Defendant-Appellee.

- - - - - - - - - -

Appeal from the United States District Court

for the Northern District of Texas

USDC No. 1:98-CV-138-C

- - - - - - - - - -

April 14, 2000

Before WIENER, DeMOSS, and PARKER, Circuit Judges. 

PER CURIAM:*

Donald R. Frank, Texas prisoner # 208829, is BARRED from

proceeding in forma pauperis (IFP) under the Prison Litigation

Reform Act, 28 U.S.C. § 1915(g), because, on at least three prior

occasions while incarcerated, Frank has brought an action or 

appeal in a court of the United States that was dismissed as

frivolous or for failure to state a claim upon which relief could
No. 99-10678

- 2 -

be granted. Frank v. Garner, No. 96-40375 (5th Cir. July 31,

1996) (affirming district court’s dismissal of his civil rights

suit as frivolous); Frank v. Reno, No. 1:97-CV-165-C (N.D. Tex.

Aug. 6, 1997) (dismissing writ of mandamus as frivolous and for

failure to state a claim upon which mandamus may issue); and

Frank v. Calhoun, No. 6:98-CV-128 (E.D. Tex. Apr. 23, 1998)

(dismissing as frivolous 28 U.S.C. § 1983 action against state

court judge).

Accordingly, Frank’s IFP status is DECERTIFIED, and he may

not bring a civil action or appeal a judgment in a civil action

or proceeding under § 1915 while incarcerated or detained in any

facility, unless he is under imminent danger of serious physical

injury. See § 1915(g). The appeal is DISMISSED.

Frank has 15 days from the date of this opinion to pay the

full appellate filing fee of $105 to the clerk of the district

court, should he wish to reinstate his appeal.

IFP DECERTIFIED; APPEAL DISMISSED.
Exhibit 10.3


 


AMENDMENT NO. 1


 


to


 


LETTER AGREEMENT


Dated July 5, 2017


 


by and between


AXIS Specialty U.S. Services, Inc. (the
 “Company”)


and


Steve K. Arora (the “Executive”)


 


Dated: October 6, 2020


 


WHEREAS, the Company and the Executive entered into a letter
agreement dated July 5, 2017 containing the terms and conditions in consideration of the Executive’s international assignment
to Zurich (the “Letter Agreement”); and


 


WHEREAS, the Compensation Committee of the Board of Directors
of AXIS Capital Holdings Limited, the Company and the Executive have determined that it is in the best interests of the Company,
AXIS Capital Holdings Limited and its shareholders to amend certain the terms of the Letter Agreement;


 


NOW, THEREFORE, the Letter Agreement is hereby amended, effective
as of the date first above written, as follows:


 


		1.	The section entitled “Term of Assignment” is hereby amended to replace the reference to “to
last three (3) years.” in the fifth line thereof with “until January 1, 2024”.



 


		2.	The section entitled “Housing and Utilities Allowance” is hereby amended as follows:



 


		-	in the first line of the first paragraph thereof, “During the term of the assignment” is replaced with “Through
December 31, 2021 regardless of whether you rent or own a home,”;



 


		-	the second paragraph is deleted in its entirety;



 


		-	in the first and second lines of the third paragraph thereof, “although your housing and utilities allowance will continue,”
is deleted”.



 


		3.	The section entitled “Children’s School Allowance” is hereby amended to replace “During
the term of the assignment” in the first line thereof with “Through December 31, 2021”.



 


		4.	Except as set forth herein, all other terms and conditions of the Letter Agreement shall remain in full force and effect.



 






    	 	 



     


    

 


IN WITNESS WHEREOF, the undersigned have
executed this Amendment No. 1 to the Letter Agreement as of the date first above written.


 





	 	 	 
	 	AXIS SPECIALTY U.S. SERVICES, INC.	 
	 	 	 
	 	 		 
	 	By:	/s/ Noreen McMullan	 
	 	Name:	Noreen McMullan	 
	 	Title: 	Executive Vice President	 





 


 


Accepted and Agreed:


 





 


/s/ Steve K. Arora


Steve K. Arora
EXHIBIT 99.2



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


     In connection with the Quarterly Report of Zenex  International,  Inc. (the
"Company")  on Form 10-QSB for the period  ended June 30, 2002 as filed with the
Securities and Exchange  Commission on the date hereof (the "Report"),  I, Debra
G. Morehead,  Chief Financial  Officer of the Company,  certify,  pursuant to 18
U.S.C.ss. 1350, as added by ss. 906 of the Sarbanes-Oxley Act of 2002, that:

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

     B.   The  information  contained  in the  Report  fairly  presents,  in all
          material respects,  the financial  condition and results of operations
          of the Company as of and for the period covered by the Report.





                                          By: /s/ Debra G. Morehead
                                          -----------------------------------
                                          Debra G. Morehead
                                          Chief Financial Officer
                                          August 19, 2002
Exhibit
10.3

    


    FIRST ALLONGE TO AMENDED AND
RESTATED SUBORDINATED

    PROMISSORY
NOTE

     

    THIS ALLONGE (“Allonge”) is executed
the 21st day of October, 2010, effective as of September 3, 2010, to be part of
and attached to the Amended and Restated Subordinated Promissory Note of the
undersigned to Douglas Falcone, dated September 3, 2010, in the principal amount
of $9,754,465 (the “Note”).

    


    1.           The
Note is hereby amended to change the commencement date of each Interest Period
(as defined in the Note) from April 18 and October 18 of each year to September
3 and March 3 of each year.

    


    2.           Except
as otherwise expressly set forth above, all terms and provisions of the Note are
ratified, confirmed, and restated as though set forth at length.

    


    IN
WITNESS WHEREOF, and intending to be legally bound, the undersigned has executed
this Allonge as of the date first above written.

    


    
      
        	
                ACCESS
      TO MONEY, INC.

              
	 
      
	
                By:

              	
                /s/ Michael Dolan

              
	
                Name:
      Michael Dolan

              
	
                Title:
      CFO

              


      

    

    


    Accepted
this 21st day of

    October,
2010.

    


    
      
        	
                /s/ Douglas Falcone

              
	
                Douglas
      Falcone
<PAGE>

                                                                      EXHIBIT 32

PURSUANT TO SECTION 906 OF THE
SARBANES-OXLEY ACT OF 2002 (SUBSECTIONS (A) AND (B) OF
SECTION 1350, CHAPTER 63 OF TITLE 18, UNITED STATES CODE)

Pursuant to section 906 of the Sarbanes-Oxley Act of 2002 (subsections (a) and
(b) of section 1350, chapter 63 of title 18, United States Code), each of the
undersigned officers of Mymetics Corporation, a Delaware corporation (the
"Company"), does hereby certify, to such officer's knowledge, that:

The Quarterly Report on Form 10-Q for the three months ended June 30, 2003 (the
"Form 10-Q") of the Company fully complies with the requirements of section
13(a) or 15(d) of the Securities Exchange Act of 1934, and information contained
in the Form 10-Q fairly presents, in all material respects, the financial
condition and results of operations of the Company.

Dated: June 10, 2005                 /s/ Christian Rochet
                                    --------------------------------------------
                                    President and Chief Executive Officer

Dated: June 10, 2005                 /s/ Ernst Lubke
                                    --------------------------------------------
                                    Principal financial and Chief Financial
                                    Officer

The foregoing certification is being furnished solely pursuant to section 906 of
the Sarbanes-Oxley Act of 2002 (subsections (a) and (b) of section 1350, chapter
63 of title 18, United States Code) and is not being filed as a separate
disclosure document.
```

[Congressional Record Volume 155, Number 7 (Tuesday, January 13, 2009)]
[House]
[Page H191]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

              RESIGNATION AS MEMBER OF COMMITTEE ON RULES

  The SPEAKER pro tempore laid before the House the following 
resignation as a member of the Committee on Rules:

                                    Congress of the United States,

                                     House of Representatives,

                                 Washington, DC, January 12, 2009.
     The Hon. Nancy Pelosi,
     Speaker, House of Representatives,
     Washington, DC.
       Dear Speaker Pelosi: I am writing to notify you of my 
     resignation from the Committee on Rules, effective January 
     14, 2008.
       I appreciate the incredible opportunity you gave me to 
     serve on this important committee two years ago. As a new 
     Member of Congress, the Committee on Rules provided me with 
     an invaluable introduction to the legislative process and a 
     key opportunity to serve Vermonters. I look forward now to 
     working on the pressing national issues as a new member of 
     the Committee on Energy and Commerce.
       Thank you for your attention to this matter.
           Sincerely,
                                                      Peter Welch,
                                               Member of Congress.

  The SPEAKER pro tempore. Without objection, the resignation is 
accepted.
  There was no objection.

                          ____________________
```
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 this Quarterly Report of Mattson Technology, Inc. (the Company) on Form 10-Q for the
quarter ended July 2, 2006 as filed with the Securities and Exchange Commission on the date hereof (the Report), David
Dutton, as Chief Executive Officer of the Company, hereby certifies, pursuant to 18 U.S.C. ss. 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) 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.

A signed original of this written statement required by Section 906 has been provided to the Company and will be
retained by the Company and furnished to the Securities and Exchange Commission or its staff upon request.



|Date: August 10, 2006 | /s/ David Dutton
                     David DuttonChief Executive Officer
|--------------------- | -------------------------------------------------------------------------

---
<TABLE> <S> <C>

<ARTICLE>                     5
<LEGEND>
         THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM THE
REGISTRANT'S  UNAUDITED  CONSOLIDATED  FINANCIAL  STATEMENTS  FOR THE SIX MONTHS
ENDED  DECEMBER  30, 1996 AND IS  QUALIFIED IN ITS ENTIRETY BY REFERENCE TO SUCH
FINANCIAL STATEMENTS.
</LEGEND>
<CIK>                         0000927790
<NAME>                        Union Acceptance Corporation
<MULTIPLIER>                                   1,000
<CURRENCY>                                     U.S. Dollars
       
<S>                             <C>
<PERIOD-TYPE>                   6-MOS
<FISCAL-YEAR-END>                              JUN-30-1997
<PERIOD-START>                                 OCT-1-1996
<PERIOD-END>                                   DEC-31-1996
<EXCHANGE-RATE>                                1.000
<CASH>                                         101,270
<SECURITIES>                                   0
<RECEIVABLES>                                  221,147
<ALLOWANCES>                                   (1,070)
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<CURRENT-ASSETS>                               321,347
<PP&E>                                         4,358
<DEPRECIATION>                                 (2,134)
<TOTAL-ASSETS>                                 438,549
<CURRENT-LIABILITIES>                          191,724
<BONDS>                                        156,000
<COMMON>                                       58,270
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<OTHER-SE>                                     32,555
<TOTAL-LIABILITY-AND-EQUITY>                   438,549
<SALES>                                        0
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<OTHER-EXPENSES>                               0                               
<LOSS-PROVISION>                               1,848                            
<INTEREST-EXPENSE>                             12,675                            
<INCOME-PRETAX>                                20,476                             
<INCOME-TAX>                                   8,365                             
<INCOME-CONTINUING>                            12,111
<DISCONTINUED>                                 0   
<EXTRAORDINARY>                                0   
<CHANGES>                                      0                             
<NET-INCOME>                                   12,111                              
<EPS-PRIMARY>                                  0.92
<EPS-DILUTED>                                  0.92
                                                
                                                

</TABLE>
115TH CONGRESS 

1ST SESSION H. J. RES. 99 

JOINT RESOLUTION 

Making further continuing appropriations for fiscal year 

2017, and for other purposes. 

1 Resolved by the Senate and House of Representatives

2 of the United States of America in Congress assembled, 

3 That the Continuing Appropriations Act, 2017 (division 

4 C of Public Law 114–223) is further amended by— 
2 

•HJ 99 EH 

1 (1) striking the date specified in section 106(3) 

2 and inserting ‘‘May 5, 2017’’; and 

3 (2) inserting after section 201 the following 

4 new section: 

5 ‘‘SEC. 202. (a) This section may be cited as the ‘Fur6 ther Continued Health Benefits for Miners Act’. 

7 ‘‘(b) Section 402(h)(2)(C)(ii) of the Surface Mining 

8 Control and Reclamation Act of 1977 (30 U.S.C. 

9 1232(h)(2)(C)(ii)) is amended— 

10 ‘‘(1) in subclause (II), by striking ‘April 30, 

11 2017’ and inserting ‘May 5, 2017’; 

12 ‘‘(2) in subclause (II)(aa), by striking ‘the Con13 tinued Health Benefits for Miners Act’ and inserting 

14 ‘the Further Continued Health Benefits for Miners 

15 Act’; and 

16 ‘‘(3) by adding at the end the following: ‘For 

17 purposes of subclause (II)(aa), a beneficiary enrolled 

18 in the Plan as of the date of the enactment of the 

19 Further Continued Health Benefits for Miners Act 

20 shall be deemed to have been eligible to receive 

21 health benefits under the Plan on January 1, 2017.’. 
3 

•HJ 99 EH 

1 ‘‘(c) The provisions of section 167(d) of Public Law 

2 114–223 (as added by Public Law 114–254) shall apply 

3 to this section.’’. 

Passed the House of Representatives April 28, 2017. 

Attest: 

Clerk. 
115TH CONGRESS 

1ST SESSION H. J. RES. 99 

JOINT RESOLUTION 

Making further continuing appropriations for fiscal 

year 2017, and for other purposes.
Exhibit 32

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 this Annual Report of American Greetings Corporation (the Corporation) on Form 10-K for the year ended February 28, 2007, as filed with the Securities and Exchange Commission on the date therein specified (the
Report), each of the undersigned officers of the Corporation certifies, pursuant to 18 U.S.C. §1350, as adopted pursuant to §906 of the Sarbanes-Oxley Act of 2002, that to such officers knowledge:



|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 results of operations of the Corporation as of the dates and for the
periods expressed in the Report.
|-- | --------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------



April 30, 2007







|                                                      |  | 
|----------------------------------------------------- |  | 
|/s/ Zev Weiss                                         |  | 
|Zev Weiss                                             |  | 
|Chief Executive Officer (principal executive officer)
|                                                      | 
|/s/ Stephen J. Smith                                  |  | 
|Stephen J. Smith                                      |  | 
|Senior Vice President and                            
|Chief Financial Officer (principal financial officer)

The foregoing certification is being furnished solely pursuant to 18 U.S.C. § 1350 and is not being filed as
part of the Report or as a separate disclosure document.
# Fourth Court of Appeals **San Antonio, Texas** MEMORANDUM OPINION No. 04

- 12

- 00561

- CV IN RE ESTATE OF GEORGE LEE MABE , D eceased From the Probate Court No
. 1 , Bexar County, Texas Trial Court No. 2012

- PC

- 0373 Honorable Polly Jackson Spencer , Judge Presiding PER CURIAM Sitting: Rebeca C. Martinez, Justice Patricia O. Alvarez, Justice Luz Elena D. Chapa, Justice Delivered and Filed: March 13, 2013 DIS MISSED FOR LACK OF JURISDICTION Appellant filed a notice of appeal on August 30, 2012 indicating her intent to appeal an “Ord er on Motion to Compel Discovery Responses” signed on August 17, 2012 in the underlying probate proceeding. Having determined that the order appeared to be interlocutory, we ordered appellant to show cause in writing why this appeal should not be dismisse d for lack of jurisdiction. Appellant responded by filing several documents , none of which address ed the jurisdictional issue. Appellee filed a response requesting that the appeal be dismissed for want of jurisdiction because the order sought to be appea led is interlocutory. The appellate record confirms that the August 17, 2012 order is interlocutory in that i t does not dispose of all pending claims and parties in the pending probate proceeding, and no severance order appears in the record. See City of Beaumont v. Guillory , 751 S.W.2d 491, 492 (Tex. 1988); Lehmann v. Har

-04

- 12

- 00561

- CV

- 2

- Con Corp. , 39 S.W.3d 191, 200 (Tex. 2001) (j udgment that does not dispose of all parties and causes of action is not final and appealable )
. Further, this type of interlocutory order is not included within section 51.014 of the Civil Practice and Remedies Code as an order from which an interlocutory appeal is authorized. T EX . C IV . P RAC . & R EM . C ODE A NN . § 51.014. Therefore, we must dismiss th e appeal. Lehmann , 39 S.W.3d at 200
. Accor dingly, this appeal is dismissed for lack of jurisdiction. See T EX . R. A PP . P. 42.3(a).

PER CURIAM
Exhibit 32.1

                            ZENEX INTERNATIONAL, INC.


                    Certification by 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  on  Form  10-QSB  of  Zenex
International,  Inc.  (the  "Company")  for the quarter  ended March 31, 2005 as
filed with the  Securities  and  Exchange  Commission  on the date  hereof  (the
"Report"),  I, Ron  Carte,  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, to the best of my knowledge:

     (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 the operations of the
Company.

Date:  May 16, 2005

By:      /s/ Ron Carte
             Ron Carte
         Chief Executive Officer
<TABLE> <S> <C>

<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM THE
COMPANY'S CONSOLIDATED BALANCE SHEET AT DECEMBER 31, 1999 AND CONSOLIDATED
STATEMENTS OF OPERATION  FOR THE SIX MONTHS ENDED DECEMBER 31, 1999 AND IS
QUALIFIED IN ITS ENTIRETY BY REFERENCE TO SUCH FINANCIAL STATEMENTS.
</LEGEND>

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<PERIOD-TYPE>                   6-MOS
<FISCAL-YEAR-END>                          JUN-30-2000
<PERIOD-START>                             JUL-01-1999
<PERIOD-END>                               DEC-31-1999
<CASH>                                           3,577
<SECURITIES>                                         0
<RECEIVABLES>                                    2,223
<ALLOWANCES>                                       141
<INVENTORY>                                        119
<CURRENT-ASSETS>                                 6,868
<PP&E>                                           1,986
<DEPRECIATION>                                     890
<TOTAL-ASSETS>                                   8,544
<CURRENT-LIABILITIES>                            6,482
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                            92
<OTHER-SE>                                      (2,096)
<TOTAL-LIABILITY-AND-EQUITY>                     8,544
<SALES>                                          6,763
<TOTAL-REVENUES>                                 8,702
<CGS>                                            1,387
<TOTAL-COSTS>                                    2,335
<OTHER-EXPENSES>                                 6,448
<LOSS-PROVISION>                                  (266)
<INTEREST-EXPENSE>                                 335
<INCOME-PRETAX>                                   (645)
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                               (645)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                      (645)
<EPS-BASIC>                                      (0.07)
<EPS-DILUTED>                                    (0.07)


</TABLE>