alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
Exhibit 4.1


 


THE BANK OF NEW YORK MELLON


NEW YORK’S FIRST BANK-FOUNDED 1784 BY ALEXANDER HAMILTON


 


 


2 HANSON PLACE, 12TH FLOOR, BROOKLYN,
N.Y. 11217


 


 


 


October 13, 2015


 


Hennion & Walsh, Inc.


2001 Route 46, Waterview Plaza


Parsippany, New Jersey 07054


 


Smart Trust, Defensive 50 Equities Trust,
Series 5


 


Dear Sirs:


The Bank of New York
Mellon is acting as trustee for Smart Trust, Defensive 50 Equities Trust, Series 5 set forth above (the “Trust”).
We enclosed a list of the Securities to be deposited in the Trust on the date hereof. The prices indicated therein reflect our
evaluation of such Securities as of close of business on October 12, 2015, in accordance with the valuation method set forth in
the Standard Terms and Conditions of Trust and Trust Agreement. We consent to the reference to The Bank of New York Mellon as the
party performing the evaluations of the Trust Securities in the Registration Statement (No. 333-206719) filed with the Securities
and Exchange Commission with respect to the registration of the sale of the Trust Units and to the filing of this consent as an
exhibit thereto.


 


 


Very truly yours,


 


/s/ GERARDO CIPRIANO                               


Gerardo Cipriano


Vice President
Exhibit 4.45





Exhibit 4.45




Supplementary Agreement No. 2 to the Call Option Agreement




This Supplementary Agreement (this “Agreement”) is made by and among the following parties in
Beijing on May 27, 2010:



Party A: AirMedia Technology (Beijing) Co., Ltd.



Party B: Guo Man, Xu Qing




Party C: Beijing AirMedia UC Advertising Co., Ltd.



WHEREAS:




	 	(1)	 	Party A, Party B, Party C and Wang Zhenyu have entered into a certain call option
agreement dated January 1, 2007 (“Original Agreement”), whereby Party A agreed to purchase,
and Party B and Wang Zhenyu agreed to sell, the equity of Party C respectively owned by
each of them; and Party A, Party B and Party C have entered into a certain supplement to
the Original Agreement dated November 2008 (“Original Supplementary Agreement”), whereby
certain amendments were made in respect of the equity percentage of Party C that Party A is
entitled to purchase from Party B;






	 	(2)	 	With prior consent of Party A, the registered capital of Party C has been increased t o
RMB80 million as of January 5, 2010; and






	 	(3)	 	Upon completion of the registered capital increase by Party C, the shareholding
percentages of Guo Man, Xu Qing and Party C are changed to 1.035%, 0.215% and 98.75%,
respectively.





NOW, THEREFORE, after friendly negotiations, Parties A, B and C agree to amend the Original
Supplementary Agreement, and intend to be bound, as follows:



1. Guo Man agrees to grant Party A the option to purchase up to 1.035% equity interest in Party C
under the conditions provided under the Original Agreement, and Xu Qing agrees to grant Party A the
option to purchase up to 0.215% equity interest in Party C under the conditions provided under the
Original Agreement.



2. The equity transfer agreement with Wang Zhenyu as the transferor, which is attached to the
Original Agreement as Schedule I, is deleted.



3. Upon effectiveness of this Agreement, in case there are any differences in terms between the
Original Agreement and this Agreement, this Agreement shall prevail; terms absent from this
Agreement shall be governed by the Original Agreement and/or the Original Supplementary Agreement.



4. This Agreement is effective upon the signature and/or stamp of common seal by all parties to
this Agreement. This Agreement shall be signed in six counterparts, two of which shall be kept by
each of Party A, Party B and Party C. Each copy shall have the same legal effect.



[No text below]





 


 









 







(Signature page)




Party A: AirMedia Technology (Beijing) Co., Ltd.

Common seal: AirMedia Technology (Beijing) Co., Ltd. (Seal)



Party B:

By: /s/ Guo Man



By: /s/ Xu Qing




Party C: Beijing AirMedia UC Advertising Co., Ltd.

Common seal: Beijing AirMedia UC Advertising Co., Ltd. (Seal)


 


2
----- Forwarded by Melanie King/RTP/USEPA/US on 07/30/2010 11:05 AM

-----

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| From: |

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|Melanie King/RTP/USEPA/US

|

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|------------>

| To: |

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|Cortney_Higgins@omb.eop.gov

|

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|------------>

| Cc: |

|------------>

>---------------------------------------------------------------------------

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|Michael Horowitz/DC/USEPA/US@EPA, RobertJ Wayland/RTP/USEPA/US@EPA, Fred

Talcott/DC/USEPA/US@EPA, Peter Nagelhout/DC/USEPA/US@EPA |

>---------------------------------------------------------------------------

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|------------>

| Date: |

|------------>

>---------------------------------------------------------------------------

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|07/30/2010 10:44 AM

|

>---------------------------------------------------------------------------

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|------------>

| Subject: |

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|comment letters on using data for larger engines to set limits for smaller

engines |

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Hi Cortney,

The folks that commented on the issue were INGAA and API, see EPA-HQ-OAR-2008-

0708-0180 and EPA-HQ-OAR-2008-0708-0155.

Melanie King

Energy Strategies Group

Sector Policies and Programs Division

Office of Air Quality Planning and Standards U.S. Environmental Protection

Agency

Mail Code D243-01

RTP, NC 27711

Phone: (919) 541-2469

Fax: (919) 541-5450

king.melanie@epa.gov
**Exhibit 32****RULE 13a — 14(b) CERTIFICATIONS OF CHIEF EXECUTIVE OFFICER AND CHIEF FINANCIAL OFFICER**Pursuant to 18 U.S.C. Section 1350, the undersigned officers of Tollgrade Communications, Inc. (the“Corporation”) hereby certify that the Corporation’s Annual Report on Form 10-K for the year endedDecember 31, 2007 (the “Report”) fully complies with the requirements of Sections 13(a) or 15(d),as applicable, of the Securities Exchange Act of 1934 and that the information contained in theReport fairly presents, in all material respects, the financial condition and results of operationsof the Corporation.Dated:March 17, 2008                      /s/ JOSEPH A. FERRARA   Name:  Joseph A. Ferrara   Title:  Chief Executive Officer and President                         /s/ SAMUEL C. KNOCH   Name:  Samuel C. Knoch   Title:  Chief Financial Officer and Treasurer
Case 1:00-cr-00090-SSB     Document 121      Filed 08/18/2008     Page 1 of 1
IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF OHIO
WESTERN DIVISION

UNITED STATES OF AMERICA : CASE NO. 3:17CR166
v. 3 JUDGE WALTER H. RICE
ADAM J. MOFFITT : ORDER UNSEALING

INDICTMENT (R.19) FORWARD

Upon motion of the United States, and for the reason that the above captioned defendant
is in custody, the Indictment (R.19) forward in the above captioned case is hereby ordered

unsealed.

DATE: 4/729 -17 LoS

JUDGE WALTER H. RICE
UNITED STATES DISTRICT COURT
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 Form 10-Q of Microtune, Inc. (the
Company) for the quarter ended June 30, 2003 as filed with the Securities and Exchange Commission on the date hereof (the Report), I, James A. Fontaine, Chief Executive 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; and
| | --- |  | ---------------------------------------------------------------------------------------------------------------------



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



/s/ JAMES A. FONTAINE

James A. Fontaine

Chief Executive Officer

Date: November 14, 2003
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 Quintek  Technologies,  Inc. on Form
10-QSB for the period  ending  March 31, 2005 as filed with the  Securities  and
Exchange  Commission  on the date  hereof,  I, Robert  Steele,  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  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: May 17, 2005


/S/ ROBERT STEELE
-------------------------------
Robert Steele,
Chief Executive Officer
UNITED STATES DISTRICT COURT 

 SOUTHERN DISTRICT OF OHIO 

 WESTERN DIVISION AT DAYTON

 

Anthony Matthews, 

Plaintiff, 

 Case No. 3:18-cv-026 

v. Judge Thomas M. Rose 

Dayton Police Department, et al., 

Defendants. 

DECISION AND ENTRY ADOPTING REPORT AND 

RECOMMENDATIONS OF UNITED STATES MAGISTRATE JUDGE 

NEWMAN (ECF 35) THAT PRO SE PLAINTIFF’S FEDERAL CLAIMS BE 

DISMISSED PURSUANT TO 28 U.S.C. § 1915(e)(2)(B); THAT 

DEFENDANT SANDY’S TOWING AND RECOVERY’S MOTION FOR 

JUDGMENT ON THE PLEADINGS (ECF 17) BE DENIED AS MOOT; 

THAT THE COURT DECLINE TO EXERCISE SUPPLEMENTAL 

JURISDICTION OVER PRO SE PLAINTIFF’S STATE LAW CLAIMS; 

AND THAT THIS CASE BE TERMINATED ON THE COURT’S DOCKET. 

THE COURT ADDITIONALLY FINDS MOOT PLAINTIFF’S MOTION 

FOR A WRIT OF MANDAMUS. (ECF 37). 

Pending before the Court is a Report and Recommendations of United States Magistrate 

Judge Michael J. Newman, (ECF 35), that recommends that pro se Plaintiff’s federal claims be 

dismissed sua sponte under 28 U.S.C. § 1915(e) for failure to state a claim; that Defendant Sandy’s 

Motion for Judgment on the Pleadings (ECF 17) be denied as moot; and that the Court decline to 

exercise supplemental jurisdiction over Plaintiff’s state law claims. 

As required by 28 U.S.C. ' 636(b) and Federal Rule of Civil Procedure 72(b), the Court 
2 

has made a de novo review of the record in this case. Upon said review, the Court finds that the 

Report and Recommendation is correct. Wherefore, the Court ADOPTS Report and 

Recommendations of United States Magistrate Judge Michael J. Newman, (ECF 35), and 

DISMISSES pro se Plaintiff’s federal claims sua sponte under 28 U.S.C. § 1915(e) for failure to 

state a claim; DENIES AS MOOT Defendant Sandy’s Motion for Judgment on the Pleadings 

(ECF 17) and Plaintiff’s Motion for Writ of Mandamus (ECF 37); DECLINES to exercise 

supplemental jurisdiction over Plaintiff’s state law claims; and TERMINATES this case on the 

of the District Court of the United States for the Southern District of Ohio, Western Division at 

Dayton. 

DONE and ORDERED this Wednesday, October 3, 2018. 

s/Thomas M. Rose 

 ________________________________ 

THOMAS M. ROSE 

 UNITED STATES DISTRICT JUDGE
<PAGE>

Exhibit 32.1


                        CERTIFICATION OF CEO 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 Ezcomm Enterprises Inc. (the
"Company") on Form 10-QSB for the period ending February 28, 2005 as filed with
the Securities and Exchange Commission on the date hereof (the "Report"), Peter
Braun, as President, Chief Executive Officer and Chief Financial Officer of the
Company, certifies, pursuant to 18 U.S.C. Section 1350, as adopted pursuant to
Section 906 of the Sarbanes-Oxley Act of 2002, to the best of his knowledge,
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.


By:  /s/ Peter Braun
-----------------------

Peter Braun
President, CEO and CFO
April 8, 2005
**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 the Quarterly Report of AtheroGenics, Inc. (the “Company”) on
      Form 10-Q for the quarter ended September 30, 2006 as filed with the Securities
      and Exchange Commission on the date hereof (the “Report”), I, Russell M.
      Medford, President and Chief Executive Officer of the Company, certify, pursuant
      to 18 U.S.C. § 1350, as adopted pursuant to § 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.











/s/RUSSELL
      M.
      MEDFORD


Russell
      M. Medford


President
      and Chief Executive Officer


Date:
      November 8, 2006














**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 AtheroGenics, Inc. (the “Company”) on
      Form 10-Q for the quarter ended September 30, 2006 as filed with the Securities
      and Exchange Commission on the date hereof (the “Report”), I, Mark P. Colonnese,
      Executive Vice President, Commercial Operations and Chief Financial Officer
      of
      the Company, certify, pursuant to 18 U.S.C. § 1350, as adopted pursuant to § 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.












/s/MARK
      P.
      COLONNESE


Mark
      P.
      Colonnese


Executive
      Vice President, Commercial Operations


and Chief Financial Officer


Date:
      November 8, 2006
asset_ex101.htm

EXHIBIT 10.1
   
  
  
  	 
	1

	  

	 


   
  	 
	2

	  

	 

   
  	 
	3

	  

	 

    
  	 
	4

	  

	 

   
  	 
	5

	  

	 

   
  	 
	6

	  

	 

   
  	 
	7

	  

	 

   
  	 
	8
EXHIBIT 32.2



CERTIFICATION OF CHIEF FINANCIAL OFFICER

PURSUANT TO

18 U.S.C. SECTION 1350,

AS ADOPTED PURSUANT TO

SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002



I, Darrel Slack, certify, pursuant to 18 U.S.C. Section 1350, as adopted
pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that the Quarterly Report of Centillium Communications, Inc. (the Company) on Form 10-Q for the quarter ended March 31, 2004 fully complies with the requirements of Section 13(a)
or 15(d) of the Securities Exchange Act of 1934 and that information contained in such Quarterly Report on Form 10-Q fairly presents in all material respects the financial condition and results of operations of the Company.



Date: May 6, 2004/s/    DARREL SLACKDarrel Slack Vice President and Chief Financial Officer
EXHIBIT 32.1

                  CERTIFICATION BY THE 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 Syndication, Inc. (the
"Company") for the period ended June 30, 2006 as filed with the Securities and
Exchange Commission on the date hereof (the "Report"), the undersigned, Brian
Sorrentino, President and Chief Executive Officer of the Company, hereby
certifies, pursuant to 18 U.S.C. Section 1350, 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 the Company.

      Dated: August 14, 2006


                                        /s/ Brian Sorrentino
                                        ----------------------------------------
                                        Brian Sorrentino
                                        Chief Executive Officer
N OTE : This o rder is non precedential. 

# United States **Court of Appeals**  **for the Federal Circuit**

______________________
THE TURFGRASS GROUP, INC., AND UNIVERSITY OF GEORGIA RESEARCH FOUNDATION, INC., Plaintiffs

- Appellants,

v.

CAROLINA FRESH FARMS , INC., CAROLINA FRESH FARMS, L.L.C., FKA CAROLINA FRESH FARMS, INC., AND JOHN A. FOGLE, SR., Defendants

- Appellees.

______________________

2014

- 1017

______________________ Appeal from the United States District Court for the District of South Carolina in No. 5:10

- cv

- 00849

- JMC, Judge J. Michelle Childs.

______________________

ON MOTION

______________________

O R D E R
The appellants move for leave to file their appendix out of time and to re instate their appeal. Case: 14-1017 Document: 44 Page: 1 Filed: 08/06/2014THE TURFGRASS GROUP
, INC

. v. CAROLINA FRESH FARMS
, INC

. 2

On August 4, 2014, this appeal was dismissed for fai lure to timely file the appendix. The court notes that the appendix was submitted with the motion to reinstate.
Upon consideration thereof,

I T I S O RDERED T HAT : (1) The motion to accept the appendix out of time is granted. The joint appendix is accepted for filing.
(2) The mandate is recalled, the court’s August 4, 2014 dismissal order is vacated, and the appeal is rei nstated.
(3) This appeal will be placed on the oral argument calendar in due course.

F OR THE C OURT

/s/ Daniel E. O’Toole Daniel E. O’Toole Clerk of Court

s21 Case: 14-1017 Document: 44 Page: 2 Filed: 08/06/2014
IN THE UNITED STATES DISTRICT COURT

FOR THE SOUTHERN DISTRICT OF OHIO

WESTERN DIVISION

Michael Donorovich, :

:

Plaintiff(s) :

: Case Number: 1:17cv166

vs. :

: Chief Judge Susan J. Dlott

Information Resources, Inc., :

:

Defendant(s) :

ORDER

The Court having been advised by counsel for the parties that the above matter has been

settled, IT IS ORDERED that this action (including all claims by all parties) is hereby

DISMISSED WITH PREJUDICE, provided that any of the parties may, upon good cause shown

not later than January 16, 2017, reopen the action if settlement is not consummated. The parties

may substitute a judgment entry contemplated by the settlement agreement upon approval of the

Court. Parties intending to preserve this Court’s jurisdiction to enforce a settlement should be

aware of Kokkonen v Guardian Life Ins. Co. Of America, 511 U.S. 375, 381-82 (1994), and

incorporate appropriate language in any substituted judgment entry.

This Court explicitly retains jurisdiction to enforce the settlement agreement reached by

the parties.

Each party shall bear its own costs.

IT IS SO ORDERED.

___s/Susan J. Dlott___________

Susan J. Dlott

United States District Court
Motion Granted; Order filed December 10, 2019

In The 

## Fourteenth Court of Appeals

____________ NO. 14

- 19

- 00229

- CR

____________ SHANNON BERNARD JA CKSON , Appellant

V. THE STATE OF TEXAS, Appellee

On Appeal from the 56th District Court Galveston C ounty, Texas Trial Court Cause No. 17

- CR

- 3031



### ORDER
Appellant’s court

- appointed counsel filed a brief in which he concludes the appeal is wholly frivolous and without merit. Appellant filed a motion requesting to review the record and file a pro se brie f. See Anders v. California , 386 U.S. 738 (1967); Gainous v. State , 436 S.W.2d 137 (Tex. Crim. App. 1969). The motion is granted.Accordingly, we hereby direct the Judge of the 56th District Court to afford

appellant an opportunity to view the trial record in accordance with local procedure; that the clerk of that court furnish the record to appellant on or before December 30, 2019 ; that the clerk of that court certify to this court the date on which delivery of the record to appellant is made; and that app ellant file his pro se brief with this court within thirty days of that date.

PER CURIAM

Panel Consists of Chief Justice Frost and Justices Christopher and Bourliot.
MEMORANDUM

TO: Record

FROM: Lisa Biddle, U.S. EPA

DATE: March 23, 2015

SUBJECT: PA and VA Class II Injection for Disposal Volume Data (DCN SGE01109)

In February 2015, EPA Office of Water (EPA OW) communicated with the Ground 

Water & Enforcement Branch of the Office of Drinking Water & Source Water Protection in 

EPA Region 3. EPA Region 3 reported the total volume of oil and gas extraction wastewater 

injected into active Class II disposal wells in Pennsylvania and Virginia. The data reported are 

presented in Table 1 and are based on annual reports EPA Region 3 receives from Class II well 

operators.

Table 1. Oil and Gas Extraction Wastewater Volumes Injected into Class II Disposal Wells 

in Pennsylvania and Virginia (2013 and 2014)

State

Number of Active 

Class II Disposal 

Wellsa

Total Volume of Extraction Wastewater Injected into Class II 

Disposal Wells (barrels)b

2013 2014

Pennsylvania 6 332,763 276,601

Virginia 11 1,671,979 2,143,080

a—This is the number of wells that accepted the oil and gas extraction wastewater.

b—These volumes include all types of oil and gas extraction wastewater (unconventional oil and gas (UOG), 

conventional oil and gas (COG), and/or coal-bed methane (CBM)).

EPA Region 3 extracted this data from their internal database, Water Information 

Management System (WIMS), which is used to track information on the direct implementation 

states in Region 3 (i.e., the states where EPA Region 3 is the UIC program implementation 

authority). This database contains information that EPA tracks on UIC permitting, inspections 

and enforcement in PA, VA, and DC1. The volumetric information in this database is provided 

to EPA by the operators as part of their UIC disposal well permit-related reporting requirements. 

This information is maintained at EPA’s Region 3 Office in the hard copy annual reports and is 

summarized in the WIMS electronic database.

 

1 EPA is the direct implementation authority in DC, however there are no Class II disposal wells in DC and therefore 

DC is not included in Table 1.