alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### The People of the State of New York, Respondent, v Latik Nelson, Appellant.

[772 NYS2d 509]

Judgment, Supreme Court, New York County (Mary Davis, J.), rendered August 6, 1998, convicting defendant, after a jury trial, of criminal possession of a weapon in the third degree and sentencing him, as a predicate felony offender, to a determinate term of five years imprisonment, unanimously affirmed.

Read as a whole and in the context of its original instruction *135as well as the four notes from the jury during its deliberations, the court, in its supplemental instructions, did not abandon the principle that the People had the burden of disproving beyond a reasonable doubt the defense of temporary and lawful possession of the handgun which was the subject of the indictment. Nor did it, as urged by defendant, erroneously subdivide the defense into three discrete elements by instructing the jury at one point that the People need only disprove that the defendant did not possess the weapon temporarily, or did not possess the weapon lawfully, or that the defendant used the weapon in a dangerous manner. The charge as a whole conveyed the correct legal standard and provided the jury with suitable guidance in applying the law to the evidence presented at trial.

Nor is there any merit to defendant’s hearsay and constitutional claims regarding the police witnesses’ testimony regarding the 911 call that brought them to the scene. This testimony explained the police conduct in approaching defendant, and the information did not implicate him as one of the three men with guns described in the call. Moreover, the court repeatedly stressed that such testimony was not introduced for the truth of its content. Concur—Buckley, P.J., Andrias, Lerner and Friedman, JJ.
Exhibit 99.1
                              C.F.O. Certification




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



In connection  with the Quarterly  Report of Northeast  Mortgage  Corporation on
Form 10-QSB for the period  ending June 30, 2002,  as filed with the  Securities
and Exchange  Commission on the date hereof (the  "Report"),  I, Sean  Rogerson,
Chief Financial Officer of the Company,  certify, pursuant to 18 U.S.C. ss 1350,
as adopted pursuant to Section 906 of the  Sarbanes-Oxley  Act of 2002, that, to
the best of my knowledge and belief:

         (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.



 /s/ Sean Rogerson
------------------------------------------------------------------
Sean Rogerson
Chief Financial Officer
September 30, 2002
Sl()-l()()3()9-()27 

Springfield-Branson 

NATIONA L AIRPOR T 

230 0 n airport blvd st e 100 

Springfiel d missouri 6580 2 

p 417.868.050 0 f417.868.050 1 

March 1, 2010 

The Honorable Raymond H. LaHood 

Secretary 

U.S. Department of Transportation 

1200 New Jersey Ave, SE 

Washington, DC 20590 

Docket DOT-OST-2010-0034 

Dear Mr. Secretary: 

Thank you for the opportunity to express my support for the application for antitrust 

immunity and proposed joint business agreement filed by American Airlines and Japan 

Airlines. The proposed alliance between these two airlines is vital for oneworld to 

compete effectively with the Star and SkyTeam alliance. This increased inter alliance 

competition will in turn enhance the benefits of the Department's Open Skies policy -

first by solidifying U.S.-Japan Open Skies, then by serving as a foundation for further 

liberalization across Asia. 

After a thorough review, I encourage the Department of Transportation to approve this 

application as it would enable these oneworld alliance airlines to work closely together to 

deliver higlily competitive air transportation sei-vices. Approval for AA/JAL alliance will 

have a positive impact on air travel by offering customers more service, scheduling and 

pricing options and will help to ensure that customers continue to benefit fi-om having 

three competitive air alliances to choose fi"om. 

I urge you to quickly approve this application. 

AAE 

Springfield-Branson National Airport 

Director of Aviation 

2300 N. Airport Blvd, Suite 100 

Springfield, Missouri, 65802 

gcvr@.fl vspringfield.com 

•2?%?
<PAGE>

                                                                      EXHIBIT 21


                       Listing of Subsidiary Corporations
                             (as of January 3, 2004)
                       ----------------------------------


Subsidiary Corporation                                  State of Incorporation
----------------------                                  ----------------------

Linens 'n Things Center, Inc.                           California

Bloomington MN., L.T., Inc.                             Minnesota

Linens 'n Things Investment Canada I Company            Nova Scotia, Canada

Linens 'n Things Investment Canada II Company           Nova Scotia, Canada

Rockford L.T., Inc.                                     Minnesota

Linens 'n Things Canada, Corp.                          Nova Scotia, Canada

Linens 'n Things Canada Limited Partnership             Alberta, Canada

LNT, Inc.                                               New Jersey

LNT Leasing, LLC                                        Delaware

LNT Leasing II, LLC                                     Delaware


                                       20
IN THE SUPREME COURT OF THE STATE OF MONTANA No. DA 23
- 0514 IN THE MATTER OF, A.Z.G., A Youth Under the Age of Eighteen. **ORDER** Upon consideration of Appellant’s motion for extension of time, and good cause appearing, IT IS HEREBY ORDERED that Appellant is granted an extension of time to and including February 14, 2024, within which to prepare, file, and serve Appellant’s opening brief on appeal.

Electronically signed by: Mike McGrath Chief Justice, Montana Supreme Court

January 8 2024

01/08/2024

Case Number: DA 23-0514
MSDS  ‐ Sanitized
Exhibit 4.17

 

MODIFICATION TO THE LOAN AGREEMENT

 

	
Borrower:
    	
 
    	
BONA   ENTERTAINMENT COMPANY LIMITED
   11/F, Guan Hu Garden 3
   105 Yao Jla Yuan Road, Chaoyang District, Beijing
   100025
    	
 
    	
Lender:
    	
 
    	
East   West Bank
   Loan Servicing Department
   9300 Flair Drive, 6th Floor
   El Monte, CA 91731
    


 

This MODIFICATION TO THE LOAN AGREEMENT is attached to and by this reference is made a part of the Business Loan Agreement (Loan #366200005) dated November 20, 2012, and executed in connection with a loan or other financial accommodations between Lender and Borrower.

 

The section entitled “Cash Assets” is hereby added as follows:

 

Cash Assets. While this agreement is in effect, Borrower shall maintain, a minimum cash asset of $5,000,000.00.

 

THIS MODIFICATION TO THE LOAN AGREEMENT IS EXECUTED AS OF APRIL 9, 2013.

 

BORROWER:

 

Bona Entertainment Company Limited

 

	
By:   
    	
/s/   Yu Dong
    	
 
    
	
 
    	
Yu   Dong, CEO and Chairman
    	
 
    
	
 
    	
 
    	
 
    
	
LENDER:
    	
 
    
	
 
    	
 
    	
 
    
	
EAST WEST BANK
    	
 
    
	
 
    	
 
    	
 
    
	
By:   
    	
/s/   Authorized Officer.
    	
 
    
	
 
    	
Authorized   Officer.
    	
 
    


 

LASER PRO Lending, Ver 12.3.10 002 Copr. Harland Financial Solutions, Inc. 1997, 2013. All Rights Reserved. - CA F\PROD\LOANDOC\CFI\LPL\G60.FC TR-15448 PR-1
<TABLE>
<CAPTION>
                                                                                                          EXHIBIT 12


                                             Linens 'n Things, Inc. and Subsidiaries
                                                     Computation of Ratio of
                                                    Earnings to Fixed Charges
                                   ($ in thousands, except Ratio of Earnings to Fixed Charges)



                                                           1998           1997         1996         1995           1994
                                                           ----           ----         ----         ----           ----
<S>                                                       <C>           <C>          <C>          <C>         <C>     
NET EARNINGS
Net income (loss)....................................     $38,062       $25,790      $15,039      $    (34)    $ 17,198

Income taxes.........................................      23,843        18,704       10,952         1,108       11,874

Interest expense, excluding capitalized interest.....         594         1,405        4,692         7,059        3,170

Portion of rents deemed representative
   of interest factor (1/3)..........................      27,819        23,271       17,774        12,946        9,504
                                                          -------       -------      -------      --------     --------
                                                          $90,318       $69,170      $48,457      $ 21,079     $ 41,746
                                                          =======       =======      =======      ========     ========
FIXED CHARGES
Gross interest expense...............................     $   774       $ 1,574      $ 4,692      $  7,059     $  3,170

Portion of rents deemed representative
   of interest factor (1/3)..........................      27,819        23,271       17,774        12,946        9,504
                                                          -------       -------      --------     --------     --------
                                                          $28,593       $24,845      $22,466      $ 20,005     $ 12,674
                                                          =======       =======      ========     ========     ========

RATIO OF EARNINGS TO FIXED CHARGES                           3.16          2.78         2.16          1.05         3.29
</TABLE>
Exhibit 32

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


         In  connection  with the Quarterly  Report of Par 3 Services,  Inc., on
Form  10-QSB  for the  period  ending  September  30,  2002 as  filed  with  the
Securities  and  Exchange  Commission  on the date  hereof (the  "Report"),  the
undersigned,  Daniel L. Hodges, Chief Executive Officer and Principal Accounting
Officer of the Company,  certify, pursuant to 18 U.S.C. Section 1350, as adopted
pursuant to ss. 906 of the  Sarbanes-Oxley  Act of 2002,  that to the best of my
knowledge and belief:

         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.


Date: April 19, 2004

/s/ Daniel L. Hodges
Daniel L. Hodges
President
(Principal Executive & Accounting Officer)


A signed  original of this written  statement  required by Section 906, or other
document authenticating, acknowledging, or otherwise adopting the signature that
appears in typed form within the  electronic  version of this written  statement
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.
& b

b

8

6 œ

>

œ

>

œ

>

œ.

>

Allegro

f

œ œ

>

œ

>

œ.

>

œ œ

>

œ

>

œ

>

œ

>

œ

>

For ceremonial version,

jump to m.100, 2nd beat

fi

J

œ

^

‰ ‰ Œ. œ

j

œ œ

j

œ

P

5

œ

j

œ œ

j

œ œ

j

œ œ

. œ. œ.

& b

b

 ̇. œ

j

œ œ

j

œ œ

j

œ œ

. œ. œ. œ J

œnœ Jœ

f

œ

j

œ œ

j

œ œ

j

œ œ

j

œ

P

13

œ

j

œ œ

j

œ œ

j

œ œ

. œ. œ.

& b

b

 ̇. œ

j

œ œ

j

œ œ

j

œ œ

. œ

. œ

. œ j

œ #œ

j

œ

f

 ̇. Œ j

œ #œ

j

œ

F

21

œ

j

œ nœ

j

œ œ

j

œ #œ

j

œ

& b

b

œ. jœ

‰ ‰

œ

j

œ œ

j

œ

P

œ

j

œ œ

. œ. œ. œ

j

œ œ

j

œ

f

 ̇. œ

j

œ œ

j

œ

P

29

œ

j

œ œ

. œ. œ.

& b

b

œ

j

œ œ

j

œ œ

j

œ nœ

. œ. œ

.  ̇. œ. œ. œ

j

œ œ

. œ

. œ

. j

œ

‰ ‰

œ.

P

œ

j

œ œ

j

œ

37

œ

j

œ œ

j

œ

& b

b

œ

j

œ œ

. œ. œ.  ̇. œ

j

œ œ

j

œ œ

j

œ œ

. œ. œ. œ J

œnœ Jœ

f

œ

j

œ œ

j

œ œ

j

œ œ

j

œ

P

45

œ

j

œ œ

j

œ

& b

b

œ

j

œ œ

. œ. œ.  ̇. œ

j

œ œ

j

œ œ

j

œ œ

. œ

. œ

. œ j

œ #œ

j

œ

f

 ̇. Œ j

œ #œ

j

œ

F

53

œ

j

œ nœ

j

œ

& b

b

œ

j

œ #œ

j

œ œ. j

œ

‰ ‰

œ

j

œ œ

j

œ

P

œ

j

œ œ

. œ. œ. œ

j

œ œ

j

œ

f

 ̇. œ

j

œ œ

j

œ

P

61

ALWAYS READY, ALWAYS THERE

The Official Song of the National Guard Bureau Words and Music by

CW4 David A. Myers

 40th Army Band, VTARNG

2nd Horn in F

Dedicated to the Men and Women, Soldiers and Airmen of America's National Guard
& b

b

œ

j

œ œ

. œ. œ. œ

j

œ œ

j

œ œ

j

œ nœ

. œ. œ

.  ̇. œ. œ. œ

j

œ œ

. œ

. œ

. j

œ

‰ ‰

œ.

P

œ

j

œ œ

j

œ

69

& b

b

œ

j

œ œ

j

œ œ

j

œ œ

. œ. œ.  ̇. œ

j

œ œ

j

œ œ

j

œ œ

. œ. œ. œ J

œnœ Jœ

f

œ

j

œ œ

j

œ œ

j

œ œ

j

œ

P

77

& b

b

œ

j

œ œ

j

œ œ

j

œ œ

. œ. œ.  ̇. œ

j

œ œ

j

œ œ

j

œ œ

. œ

. œ

. œ j

œ #œ

j

œ

f

 ̇. Œ j

œ #œ

j

œ

F

85

& b

b

œ

j

œ nœ

j

œ œ

j

œ #œ

j

œ œ. j

œ

‰ ‰

œ

j

œ œ

j

œ

P

œ

j

œ œ

. œ. œ. œ

j

œ œ

j

œ

f

 ̇.

& b

b

œ

j

œ œ

j

œ

P

93

œ

j

œ œ

. œ. œ. œ

j

œ œ

j

œ œ

j

œ nœ

. œ. œ

.  ̇. œ. œ. œ

j

œ œ

. œ

. œ

.

fi

j

œ

‰ ‰

œ.

>

Ceremonial version,

from m.4

F

& b

b

 ̇.

>

101

œ. œ.

>  ̇.

>

 ̇. œ. œ œ œ

- œ. œ.  ̇. j

œ

‰ ‰ œ.

>

 ̇.

>

109

œ. œ.

& b

b

œ. œ.  ̇. œ. œ œ œ œ. œ œ œ œ. œ. j

œ

‰ ‰

œ.

>  ̇.

>

117

 ̇. œ. œ.

& b

b

œ

‰

œ nœ j

œ œ. œ. œ. œ œ œ

 ̇. jœ

‰ ‰

œ.

>

f

‰

œ

>

œ

> œ.

>

125

œ. jœ

‰ ‰ ‰

œ

>

œ

> œ.

>

& b

b j

œ

‰ ‰ œ.

>

œ

>

œ

>

œ

>

œ

>

J

œ

>

ƒ

œ

>

J

œ

>

œ.

>

œ.

>

œ

> œ

>

2

œ.

>

œ

> œ

>

2

œ

>

j

œ

>

œ

>

œ

>

2

j

œ

v

‰ ‰ Œ.

ALWAYS READY, ALWAYS THERE

-2nd Horn in F2
<partyblock><br><br><div align="center"><b><font size="+1">In The Matter of Global Liberty Insurance Co., Appellant, <br><br>against<br><br>Lenox Hill Radiology &amp; Medical Imaging Assoc., P.C., as Assignee of Trevor Ellis, Respondent.</font></b></div><br><br><p>Appeal from an order of the District Court of Suffolk County, First District (Vincent J. Martorana, J.), dated June 5, 2015. The order denied a petition by Global Liberty Insurance Company to vacate a master arbitrator's award.</p><p>ORDERED that the order is affirmed, without costs.</p><p>In this proceeding, petitioner seeks to vacate a master arbitrator's award, which upheld the award of an arbitrator granting the provider's claim for reimbursement of assigned first-party no-fault benefits in the sum of $78.29. The District Court denied the unopposed petition.</p><p>Upon a review of the record, we find that the determination of the master arbitrator had a rational basis and was not arbitrary, capricious, or contrary to settled law (<i>see Matter of Motor Veh. Acc. Indem. Corp. v Aetna Cas. &amp; Sur. Co.</i>, 89 NY2d 214 [1996]; <i>Matter of Petrofsky [Allstate Ins. Co.]</i>, 54 NY2d 207 [1981]; <i>Matter of Shand [Aetna Ins. Co.]</i>, 74 AD2d 442 [1980]). Thus, the petition to vacate the master arbitrator's award was properly denied, and the master arbitrator's award was properly confirmed (<i>see</i> CPLR 7511 [e]), albeit on a different ground than relied upon by the arbitrator.</p><p>We note that a special proceeding should terminate in a judgment, not an order (<i>see</i> CPLR 411). </p><p>Marano, P.J., Iannacci and Garguilo, JJ., concur.</p><br>Decision Date: December 07, 2016<br><br><div align="center"><form method="LINK" action="../../slipidx/at_2_idxtable.shtml"><input type="submit" value="Return to Decision List"></form></div></partyblock>
Exhibit 99.1



                            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 Covance Inc. ("Covance") on Form 10-K
for the period ended December 31, 2002, as filed with the Securities and
Exchange Commission on the date hereof (the "Report"), I, Christopher A.
Kuebler, Chairman of the Board and Chief Executive Officer of Covance, 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 results of
                  operations of Covance.



Date:    March 6, 2003

                                       /s/ CHRISTOPHER A. KUEBLER
                                       ---------------------------------
                                           Christopher A. Kuebler
                                           Chairman of the Board
                                           and Chief Executive Officer
                                           (Principal Executive Officer)
ESV-3.31.2013-Exhibit 10.1










FOURTH AMENDMENT
TO THE
ENSCO INTERNATIONAL INCORPORATED
2005 LONG-TERM INCENTIVE PLAN


(As Revised and Restated on December 22, 2009 and
As Assumed by Ensco plc as of December 23, 2009)


THIS AMENDMENT is effective the first day of January 2013, by Ensco plc, having its principal office in London, England (hereinafter referred to as the “Company”).


WITNESSETH:


WHEREAS, ENSCO International Incorporated adopted the Ensco International Incorporated 2005 Long-Term Incentive Plan (the “Plan”) effective January 1, 2005;


WHEREAS, the Plan was revised and restated on December 22, 2009, and was subsequently assumed by the Company effective as of December 23, 2009;


WHEREAS, the Board of Directors of the Company, upon recommendation of the Executive Compensation Subcommittee of its Compensation Committee during its regular meeting held on 25 February 2013, has authorized and approved this Fourth Amendment to the Plan during a regular meeting held on 26 February 2013; and


WHEREAS, the Company now desires to adopt this Fourth Amendment to the revised and restated Plan for the purpose of amending Sections 3(b)(xvi) and 6(h) of the Plan to prohibit cash buyouts of underwater options; 


NOW, THEREFORE, in consideration of the premises and covenants herein contained, the Company hereby adopts the following Fourth Amendment to the Plan:


		
	1.
	Section 3(b)(xvi) of the Plan is hereby amended in its entirety to read as follows:  


		
	(xvi)
	Waive or amend any terms, conditions, restriction or limitation on an Award, except that the prohibitions on the repricing of Options and the cash buyout of underwater Options, as described in Section 6(h), may not be waived;




		
	2.
	Section 6(h) of the Plan is hereby amended in its entirety to read as follows:


(h)    Restrictions on Repricing and Cash Buyouts.  Except with respect to adjustments for changes in capitalization as provided in Section 10(a), no outstanding Option may be: 
(i)amended to decrease the Exercise Price,


(ii)canceled in exchange for the grant of any Option with a lower Exercise Price or any new Award, or


(iii)otherwise be subject to any action that would be treated under accounting rules or otherwise as a “repricing” of such Option (including a cash buyout or voluntary surrender/subsequent regrant of an underwater Option), unless such action is first approved by the Company's shareholders.  











Within the limitations of this Plan, the Committee may otherwise modify outstanding Options; provided that no modification of an Option shall, without the consent of the Optionee, alter or impair the Optionee's rights or obligations under such Option.  
IN WITNESS WHEREOF, the Company, acting by and through its duly authorized officers, has caused this Fourth Amendment to be executed effective as first above written.


	
			
	 
	ENSCO PLC

	 
	 
	 

	 
	 
	/s/ Brady K. Long

	

	By:
	Brady K. Long

	 
	Its:
	Vice President, General Counsel and Secretary
### TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

NO. 03

- 21

- 00100

- CV

Latanya Ann Wilson , Appellant

v.

Ditech F inancial, LLC , Appellee

FROM THE COUNTY COURT OF FAYETTE COUNTY NO. 3779 , THE HONORABLE JOE WEBER , JUDGE PRESIDING

O R D E R

PER CUR IA M

Appellant Latanya Ann Wilson has filed an emergency motion for temporary

relief

. We grant the motion and temporarily stay enforcement of the trial cou rt ’ s judgment and

ex ecution of the writ. See Tex. R . App. P. 29.3. Appellee Ditech Finan cial, LLC

, is ordered to

file a response to appellant’s motion for emergency relief no later than March 3 1 , 20 21

.

It is ordered on March 23, 2021

.

Before Chief Justice Byrne, Justices Baker and Smith
EXHIBIT32.1

Certification of CEO Pursuant to18 U.S.C. Section1350,as Adopted Pursuant toSection 906 of the Sarbanes-OxleyAct of 2002

In connection with the Annual Report on Form10-K of Panavision Inc. (the ‘‘Company’’)for the fiscal year ended December  31,  2005 as filed withthe Securities and Exchange Commission on the date hereof (the‘‘Report’’), I, Robert L. Beitcher, asChief Executive Officer of the Company, hereby certify, pursuant to 18U.S.C. § 1350, as adopted pursuant to § 906 of theSarbanes-Oxley Act of 2002, that, to the best of myknowledge:

(1) The Report fully complies with therequirements of Section 13(a) or 15(d) of the Securities Exchange Actof 1934; and

(2) The information contained in the Reportfairly presents, in all material respects, the financial condition andresults of operations of the Company.

/s/Robert L.Beitcher            

Name:   RobertL. BeitcherTitle:    President and Chief ExecutiveOfficerDate:    March 31, 2006

----
**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 Xinhua China Ltd. (the "Company") on Form 10-QSB/A-2 for the period ended March 31, 2005 as filed with the Securities and Exchange Commission on the date hereof (the "Report"), I, Henry Jung, Chief Financial Officer (principal accounting 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 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 results of operations of the Company.

Dated: July 20, 2005                                                                                         /s/ Henry Jung                                                                                                                                                              Henry Jung, Chief Financial			                                                                                                                        Officer and Director (Principal			                                                                                                                        Accounting Officer)

----