alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
**EXHIBIT32.1**

 

**CERTIFICATION PURSUANT TO**

**SECTION 906 OF THE SARBANES-OXLEY ACT OF2002**

 

In connection with theQuarterly Report of Elixir Gaming Technologies, Inc. (the “Company”) on Form10-QSB for the quarterly period ended September 30, 2007, as filed with theSecurities and Exchange Commission on the date hereof (the “Report”), we,Gordon Yuen, President and Chief Executive Officer of the Company, and David R.Reberger, Chief Financial Officer of the Company, certify, pursuant to 18U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-OxleyAct of 2002, that:

 

1.     The Report fully complieswith the requirements of Section 13(a) or 15(d) of the Securities Exchange Actof 1934; and

 

2.     The information containedin the Report fairly presents, in all material respects, the financialcondition and result of operations of the Company.

 

 
| By:    |  /s/ Gordon Yuen                     |   | Dated: | November 14, 2007 |
|--------|-------------------------------------------|--------|--------|-------------------|
|   |  Gordon Yuen                         |   |   |              |
| Title: |  President, Chief  Executive Officer |   |   |              |
|   |                                      |   |   |              |
| By:    |  /s/ David R.  Reberger              |   | Dated: | November 14, 2007 |
|   |  David R. Reberger                   |   |   |              |
| Title: |  Chief Financial  Officer            |   |   |              |

 

This certification is madesolely for the purposes of 18 U.S.C. Section 1350, subject to the knowledgestandard contained therein, and not for any other purpose.

 

----
##### 



Exhibit 32.1
 CERTIFICATION PURSUANT TO
RULE 13a-14(b) OF THE SECURITIES EXCHANGE ACT OF 1934
AND 18 U.S.C. SECTION 1350
    This certification accompanies the Form 10-Q to which it relates, is not deemed filed with the
Securities and Exchange Commission and is not to be incorporated by reference into any filing of
the Registrant under the Securities Act of 1933 or the Securities Exchange Act of 1934 (whether
made before or after the date of the Form 10-Q ), irrespective of any general incorporation language
contained in such filing.
 Date: July 24, 2006
    
    /s/ Thomas G. WiggansThomas G. WiggansChairman of the Board
and Chief Executive Officer
Exhibit
32.1





CERTIFICATION
PURSUANT TO


18
U.S.C. SECTION 1350,


AS
ADOPTED PURSUANT TO


SECTION
906 OF THE SARBANES-OXLEY ACT OF 2002





In
connection with the Annual Report of MDU Communications International, Inc. (the
“Company”) on Form 10-K for the fiscal year ended September 30, 2010, as filed
with the Securities and Exchange Commission on December 21, 2010 (the “Report”),
I, Sheldon Nelson, Chief Executive Officer and Chief Financial Officer of the
Company, hereby certify pursuant to 18 U.S.C. § 1350, as adopted pursuant
to § 906 of the Sarbanes-Oxley Act of 2002, that, to 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/  SHELDON
      NELSONSheldon
      NelsonChief
      Executive Officer and
                Chief
      Financial OfficerMDU
      Communications International, Inc.December
      21, 2010Totowa,
      New Jersey





A signed
original of this written statement required by Section 906 has been provided to
and will be retained by MDU Communications International, Inc. and furnished to
the Securities and Exchange Commission or its staff upon request.
Amendment to Bonus Agreements



 Exhibit 10.55 
 AMENDMENT TO BONUS AGREEMENTS 
 This Amendment to Bonus Agreements is made and
entered into this 10th day of May, 2012 by and between
ELIZABETH A. SMITH (the “Executive”) and BLOOMIN’ BRANDS, INC., formerly known as Kangaroo Holdings, Inc., (the “Company”). 
 RECITALS 
 WHEREAS, Executive and the Company entered into that certain Retention Bonus Agreement
dated November 2, 2009 (“Retention Agreement”); and 
 WHEREAS, Executive and the Company entered into that certain Bonus
Agreement dated December 31, 2009 (“Bonus Agreement”); and 
 WHEREAS, Executive and the Company desire to amend the Retention
Agreement and the Bonus Agreement as specified below. 
 AGREEMENT 
 Now, Therefore, in consideration of the mutual covenants contained here, the parties hereto, intending to be legally bound, agree as follows: 
 1. Remaining Payments under Retention Agreement. The parties acknowledge and agree that Executive has received all amounts payable pursuant to the Retention Agreement except for Seven Million Two
Hundred Thousand Dollars ($7,200,000) (“Remaining Retention Payments”) payable in installments of Three Million Six Hundred Thousand Dollars ($3,600,000) on each of November 2, 2012 and November 2, 2013. 

2. Remaining Payments under Bonus Agreement. The parties acknowledge and agree that Executive has not received any amounts payable pursuant to the
Bonus Agreement and the entire amount of Fifteen Million Two Hundred Twenty Five Thousand Dollars ($15,225,000) (“Remaining Bonus Payments”) remains unpaid. 
 3. Modification of Remaining Payments. Executive and Company hereby agree that notwithstanding any contrary provision of the Retention Agreement or the Bonus Agreement, in the event (i) the
Company completes an Initial Public Offering (as defined in the Bonus Agreement) during 2012 and (ii) Executive is employed as Chief Executive Officer of the Company at the time of completion of the Initial Public Offering, then all of the
Remaining Retention Payments and all of the Remaining Bonus Payments shall be paid to Executive in a lump sum within sixty (60) days of the completion of the Initial Public Offering. If the forgoing conditions are not met, this Amendment shall
be null and void ab initio. 
 4. Ratification. Executive and Company hereby ratify and confirm the Retention Agreement 

  
 1 








 and the Bonus Agreement and acknowledge same are in full force and effect in accordance with their terms
except as expressly modified hereby. 
 In Witness Whereof, the parties have executed this Agreement the date and year first above written.

  

			
	EXECUTIVE
	
	 /s/ Elizabeth A. Smith

	ELIZABETH A. SMITH
	
	COMPANY
	
	BLOOMIN’ BRANDS, INC.
		
	By:	 	 /s/ Joseph J. Kadow

		 	JOSEPH J. KADOW
		 	EXECUTIVE VICE PRESIDENT



  
 2
**Puget Sound Energy, Inc.**

**SUBSIDIARIES**

```

1.     ConneXt
       1301 Fifth Avenue
       Suite 1900
       Seattle, WASHINGTON  98101

2.     GP Acquisition Corp.
       c/o James W. Eldredge
       411 108th Ave. N.E., 15th Floor
       Bellevue, WASHINGTON 98004-5515

3.     LP Acquisition Corp.
       c/o James W. Eldredge
       411 108th Ave. N.E., 15th Floor
       Bellevue, WASHINGTON 98004-5515

4.     PSE Utility Solutions, Inc.
       19515 North Creek Parkway
       Suite 310
       Bothell, Washington 98011

5.     Puget Western, Inc.
       19515 North Creek Parkway
       Suite 310
       Bothell, Washington 98011

6.     Puget Sound Energy Services, Inc.
       19515 North Creek Parkway
       Suite 310
       Bothell, Washington 98011

7.     Washington Energy Gas Marketing Company
       c/o James W. Eldredge
       411 108th Ave. N.E., 15th Floor
       Bellevue, Washington 98004-5515

8.     WNG CAP I, Inc.
       c/o James W. Eldredge
       411 108th Ave. N.E., 15th Floor
       Bellevue, Washington 98004-5515
```
**UN PUBLISHED** 
UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

**No. 13**  **- 6697** 

UNITED STATES OF AMERICA , Plaintiff

- Appellee ,
v. SHELLY WAYNE MARTIN, a/k/a Wayne , Defendant

- Appellant
.

Appeal from the United States District Court for the District of Maryland , at Baltimore
. J. Frederick Motz , Senior District Judge. ( 1:04

- cr - 00029

- JFM

- 3; 1:12

- cv - 02890

- JFM )

Submitted : September 24, 2013 Decided: September 27 , 2013

Before NIEMEYER and THACKER , Circuit Judges , and HAMILTON, Senior Circuit Judge
.
Dismissed by un published per curiam opinion
. Shelly Wayne Martin, Appellant Pro Se. Michael Clayton Hanlon, Robert Reeves Harding, Assistant United States Attorneys, Baltimore, Marylan d, for Appellee.
Unpublished opinions are not binding precedent in this circuit.2 PER CURIAM: Shelly Wayne Martin seeks to appeal the district court’s order denying relief on his 28 U.S.C. A. § 2255 ( West Supp. 2013 ) motion. The order is not appealable u nless a circuit justice or judge issues a certificate of appealability. 28 U.S.C. § 2253(c)(1) (B) (200 6 ). A certificate of appealability will not issue absent “a substantial showing of the denial of a constitutional right.” 28 U.S.C. § 2253(c)(2) (200 6 )
. When the district court denies relief on the merits, a prisoner satisfies this standard by demonstrating that reasonable jurists would find that the district court’s assessment of the constitutional claims is debatable or wrong. Slack v. McDaniel , 529 U.S. 473, 484 (2000); see Miller

- El v. Cockrell , 537 U.S. 322, 336

- 38 (2003). When the district court denies relief on procedural grounds, the prisoner must demonstrate both that the dispositive procedural ruling is debatable, and that the motion states a debatable claim of the denial of a constitutional right. Slack , 529 U.S. at 484

- 85. We have independently reviewed the record and conclude that Martin has not made the requisite showing. Accordingly, we deny a certificate of appealability and dismiss the appeal. We dispense with oral argument because the facts and legal3 contentions are adequately presented in the materials before th is court and argument would not aid the decisional process.

DISMISSED
AMENDMENT NUMBER ONE (1) TO CRAIG CRAWFORD
EMPLOYMENT AGREEMENT


 


 


 


This amendment is made and entered into effective January 2,
2012, and modifies the referenced employment agreement that was signed December 30, 2011, effective January 1,2012 between Texas
Gulf Energy, Inc., formerly known as Global Nutech, Inc. and Craig Crawford.


 


The section of the agreement that reads:


 


1.4
RESTRICTED STOCK AWARD. On the closing date of the Acquisition (the “Closing Date”), in connection
with the appointment of the Executive as COO, CFO and Executive Vice President, the Executive will be awarded 4,710,000 shares
(the “Restricted Shares”) of the Employer’s common stock, par value $0.00001 per share. The Restricted
Shares shall vest and be issued to Executive as follows: (i) 1,570,000 of the Restricted Shares on January 15, 2012; (ii) 1,570,000
of the Restricted Shares on January 15, 2013; and (iii) 1,570,000 of the Restricted Shares on January 15, 2014. In the event of
a change of control or sale of the Employer, all of the Restricted Shares shall immediately vest and be issued by Employer immediately
prior to such change of control or sale.


 


 


Is amended and adopted as follows:


 


1.4
RESTRICTED STOCK AWARD. On the closing date of the Acquisition (the “Closing Date”), in connection
with the appointment of the Executive as COO, CFO and Executive Vice President, the Executive will be awarded 4,710,000 shares
(the “Restricted Shares”) of the Employer’s common stock, par value $0.00001 per share. The Restricted
Shares shall vest and be issued to Executive as follows: All 4,710,000 shares issued as of January 1, 2012 or as soon as practicable
after that date, they shall be subject to clawback as follows: (i) 1,570,000 of the Restricted Shares are not subject to clawback
; (ii) 3,140,000 of the Restricted Shares are subject to clawback until January 1, 2013; and (iii) 1,570,000 of the Restricted
Shares are subject to clawback until January 1, 2014. In the event of a change of control or sale of the Employer, all of the Restricted
Shares shall immediately vest, the clawback provisions shall be void and any shares due the Executive will be issued by Employer
immediately prior to such change of control or sale.


 


 


 


 


All other terms and conditions of the agreement are hereby ratified.
This amendment is adopted and substituted in place of the original effective the date first written above.


 


	Signed:	Signed:
	/s/ David Mathews	/s/ Craig Crawford
	Texas Gulf Energy, Inc.	Craig Crawford
#### ENOVA TECHNOLOGY CORP., Appellant v. SEAGATE TECHNOLOGY (US) HOLDINGS INC., Seagate Technology LLC, Appellees

2016-1287

United States Court of Appeals, Federal Circuit.

March 20, 2017

Darryl Michael Woo, Vinson & Elkins LLP, San Francisco, CA, argued for appellant. Also represented by Chao Wang; Janice Ta, Austin, TX.

*975David J.F. Gross, Faegre Baker Daniels LLP, Minneapolis, MN, argued for appel-lees. Also represented by Lucas J. Tom-sich,. Julie Wahlstband; Calvin L. Litsey, East Palo Alto, CA; Richard M. Marsh, Jr., Denver, CO.

(Newman, Taranto, and Chen, Circuit Judges).

JUDGMENT

Per Curiam

This Cause having been heard and considered, it is Ordered and Adjudged:

AFFIRMED. *See*Fed. Cir. R. 36.
Exhibit 23.1

CONSENT OF INDEPENDENT REGISTERED PUBLIC ACCOUNTING FIRM

We consent to the incorporation by
reference in the following Registration Statements:



| | (1) | Registration Statement (Form S-8, No. 333-83975) pertaining to the 1999 Employee Stock Purchase Plan and 1998 Stock Plan of drugstore.com, inc.,
| | --- | ------------------------------------------------------------------------------------------------------------------------------------------------



| | (2) | Registration Statement (Form S-8, No. 333-58174) pertaining to the 1998 Stock Plan of drugstore.com, inc.,
| | --- | ----------------------------------------------------------------------------------------------------------



| | (3) | Registration Statement (Form S-8, No. 333-85468) pertaining to the 1998 Stock Plan of drugstore.com, inc.,
| | --- | ----------------------------------------------------------------------------------------------------------



| | (4) | Registration Statement (Form S-3, No. 333-130097) and related prospectus of drugstore.com, inc.,
| | --- | ------------------------------------------------------------------------------------------------



| | (5) | Registration Statement (Form S-8, No. 333-153407) pertaining to the 2008 Equity Incentive Plan of drugstore.com, inc., and
| | --- | --------------------------------------------------------------------------------------------------------------------------



| | (6) | Registration Statement (Form S-8, No. 333-167654) pertaining to the 2008 Equity Incentive Plan of drugstore.com, inc.
| | --- | ---------------------------------------------------------------------------------------------------------------------

of our reports dated March 18, 2011, with respect to the consolidated financial statements and schedule of drugstore.com, inc. and the effectiveness
of internal control over financial reporting of drugstore.com, inc., included in this Annual Report (Form 10-K) for the year ended January 2, 2011.



/s/ Ernst & Young LLP


Seattle, Washington

March 18, 2011
#### Arsenia Marisol XIRUM-TOMAS Petitioner v. Jefferson B. SESSIONS, III, Attorney General of the United States of America Respondent

No. 16-4446

United States Court of Appeals, Eighth Circuit.

Submitted: August 4, 2017

Filed: August 9, 2017

Joseph Lopez Wilson, Omaha, NE, for Petitioner

*471Karen Yolanda Drummond, Barbara Joan Leen, Carl H. McIntyre, Liza Murcia, Anthony Cardozo Payne, Assistant Director, U.S. Department of Justice, Civil Division, Office of Immigration Litigation, Washington, DC, Oil, U.S. Department of Justice, Washington, DC, for Respondent

Before WOLLMAN, LOKEN, and BENTON, Circuit Judges.

PER CURIAM.

Guatemalan citizen Arsenia Marisol Xi-rum-Tomas petitions for review of a Board of Immigration Appeals deeisiph upholding an immigration judge’s denial of asylum and withholding of removal. Xi-rum-Tomas offers no basis for challenging the determination that she established no nexus between the hariA she claimed to have suffered and any protected ground. See Gomez-Garcia v. Sessions, 861 F.3d 730, 733 (8th Cir. 2017) (standard for asylum); Malonga v. Mukasey, 546 F.3d 546, 551 (8th Cir. 2008) (standard for withholding of removal). The petition for review is denied.
**Figure 93. Consumption of petroleum and other liquids by sector, 1990-2040 (million barrels per day)**

Residentia

l and

Commerci

al Industrial Transport

ation Electric

Power Total

1990 1.23 4.25 10.88 0.57 16.93

1991 1.21 4.14 10.75 0.53 16.62

1992 1.20 4.44 10.93 0.43 17.01

1993 1.18 4.35 11.17 0.49 17.20

1994 1.17 4.58 11.43 0.47 17.64

1995 1.13 4.51 11.57 0.33 17.54

1996 1.21 4.74 11.84 0.36 18.16

1997 1.16 4.87 11.99 0.41 18.43

1998 1.08 4.76 12.32 0.57 18.73

1999 1.19 4.94 12.67 0.53 19.32

2000 1.28 4.80 12.94 0.50 19.53

2001 1.26 4.78 12.85 0.56 19.45

2002 1.19 4.83 13.09 0.42 19.54

2003 1.28 4.80 13.23 0.53 19.83

2004 1.27 5.13 13.72 0.53 20.65

2005 1.23 5.00 13.89 0.54 20.66

2006 1.05 5.21 14.16 0.28 20.71

2007 1.08 5.08 14.32 0.29 20.75

2008 1.10 4.55 13.78 0.20 19.63

2009 1.08 4.25 13.38 0.18 18.89

2010 1.06 4.48 13.57 0.17 19.29

2011 1.06 4.43 13.63 0.13 19.25

2012 1.01 4.39 13.45 0.09 18.94 5% 23%

2013 1.05 4.50 13.44 0.09 19.09

2014 1.04 4.56 13.54 0.09 19.24

2015 1.05 4.80 13.62 0.09 19.55

2016 1.04 4.92 13.65 0.09 19.70

2017 1.03 5.01 13.68 0.08 19.80

2018 1.02 5.09 13.68 0.08 19.87

2019 1.01 5.17 13.68 0.08 19.94

2020 1.01 5.20 13.65 0.08 19.93

2021 1.00 5.21 13.59 0.08 19.88

2022 0.99 5.24 13.53 0.08 19.85

2023 0.99 5.25 13.46 0.08 19.77

2024 0.98 5.26 13.38 0.08 19.70

2025 0.97 5.25 13.29 0.08 19.60

2026 0.97 5.23 13.20 0.08 19.48

2027 0.96 5.20 13.13 0.08 19.37

2028 0.96 5.19 13.06 0.08 19.28

2029 0.95 5.17 12.99 0.08 19.20 2012 Percentages2030 0.95 5.16 12.95 0.08 19.14

2031 0.94 5.15 12.92 0.08 19.09

2032 0.94 5.14 12.88 0.08 19.04

2033 0.94 5.12 12.86 0.08 19.00

2034 0.93 5.12 12.85 0.08 18.98

2035 0.93 5.11 12.84 0.08 18.97

2036 0.92 5.11 12.84 0.08 18.96

2037 0.92 5.11 12.85 0.08 18.97

2038 0.92 5.11 12.88 0.08 18.99

2039 0.92 5.11 12.91 0.08 19.02

2040 0.91 5.10 12.95 0.08 19.05**Figure 93. Consumption of petroleum and other liquids by sector, 1990-2040 (million barrels per day)**

71% 0% 100% 2012 Percentages
<PAGE>
                                                                      EXHIBIT 21

                      SUBSIDIARIES OF NEXTEL PARTNERS, INC.

Nextel Partners Operating Corp., a Delaware corporation (a wholly owned
subsidiary of Nextel Partners, Inc.)

Nextel WIP Lease Corp., a Delaware corporation (a wholly owned subsidiary of
Nextel Partners Operating Corp.)

Nextel Partners of Upstate New York, Inc., a Delaware corporation (a wholly
owned subsidiary of Nextel Partners Operating Corp.)

NPCR, Inc., a Delaware corporation (a wholly owned subsidiary of Nextel Partners
Operating Corp.)

NPFC, Inc., a Nevada corporation (a wholly owned subsidiary of Nextel Partners
Operating Corp.)

Nextel WIP License Corp., a Delaware corporation (a wholly owned subsidiary of
Nextel Partners Operating Corp.)

Nextel Partners Equipment LLC, a Nevada limited liability company (a wholly
owned subsidiary of NPCR, Inc.)

Nextel WIP Expansion Corp., a Delaware corporation (a wholly owned subsidiary of
Nextel Partners Operating Corp.)

Nextel WIP Expansion Two Corp., a Delaware corporation (a wholly owned
subsidiary of Nextel Partners Operating Corp.)
**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**





The
      undersigned, David F. Struwas, Chief Executive Officer of DSL.net, Inc. (the
      “Company”), in connection with the Company’s Annual Report on Form 10-K for the
      year ended December 31, 2005 and filed on this date (the “Report”), hereby
      certifies that the Report (i) fully complies with the requirements of Section
      13(a) or 15(d) of the Securities Exchange Act of 1934, as amended, and (ii)
      fairly presents, in all material respects, the financial condition and results
      of operations of the Company for the period covered by the Report.











By: */s/
      David F. Struwas*


David
      F.
      Struwas


Chief
      Executive Officer


Date:
      March 31, 2006





The
      foregoing certification is being provided pursuant to Section 1350 of Chapter
      63
      of Title 18 of the United States Code, as adopted pursuant to Section 906 of
      the
      Sarbanes-Oxley Act of 2002, and is not to be deemed a part of the Annual Report
      on Form 10-K of the registrant, nor is it to be deemed to be filed by the
      registrant for
      purposes of Section 18 of the Securities Exchange Act of 1934, as amended (the
      “Exchange Act”), or otherwise subject to the liability of that Section. The
      foregoing certification will not be deemed to be incorporated by reference
      into
      any filing under the Securities Act of 1933, as amended, or the Exchange Act,
      except to the extent that the registrant specifically incorporates it by
      reference.
<PAGE>
 
Exhibit 99.1  Press Release


August 25, 1997      For further information contact:
                     David M. Bradley
                     Chairman, President & Chief Executive Officer
                     North Central Bancshares, Inc.
                     825 Central Avenue
                     Fort Dodge, Iowa 50501
                     515-576-7531



               NORTH CENTRAL BANCSHARES, INC. DECLARES DIVIDEND

David M. Bradley, Chairman, President and Chief Executive Officer of North
Central Bancshares, Inc. (the "Company") announced on August 22, 1997 that the
Company declared a regular quarterly cash dividend of $.0625 per share on the
Company's common stock for the fiscal quarter ended September 30, 1997. The
dividend will be payable to all stockholders of record as of September 15, 1997
and will be paid on October 6, 1997.

The Company's common stock trades on the Nasdaq Stock Market under the symbol
"FFFD". The Company's wholly owned subsidiary, First Federal Savings Bank of
Fort Dodge, is a federally chartered savings bank headquartered in Fort Dodge,
Iowa.