alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
|Exhibit 32.1
|------------



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

The undersigned hereby certifies in his capacity as Chief Executive Officer of Belrose Capital Fund LLC (the Fund), that based on his knowledge:

|(a) | the Quarterly Report of the Fund on Form 10-Q for the quarter ended September 30, 2008 (the Report) fully complies with the requirements of Section 13(a) of the Securities Exchange Act of 1934, as amended; and
|--- | -----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
|   
|(b) | the information contained in the Report fairly presents, in all material respects, the financial condition and the results of operations of the Fund for such period.                                            
|   



|Date: November 7, 2008
|----------------------



| | /s/ Thomas E. Faust Jr.Thomas E. Faust Jr.Chief Executive Officer
| | -----------------------------------------------------------------

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



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
  (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.
 Date: May 15, 2007
    /s/ Crit S. DeMentName:
    Crit S. DeMentTitle:
    Chief Executive Officer of the General Partner
Table of Contents

Exhibit32.2

CERTIFICATION PURSUANT TO 18 U.S.C. SECTION1350, AS ADOPTED PURSUANT TO SECTION 906 OF THESARBANES-OXLEY ACT OF 2002

In connection with theQuarterly Report of Salomon Smith Barney Fairfield Futures Fund L.P.(the "Partnership") on Form 10-Q for theperiod ending March 31, 2006 as filed with the Securities and ExchangeCommission on the date hereof (the "Report"),I, Daniel R. McAuliffe, Jr., Chief Financial Officer and Director ofCitigroup Managed Futures LLC, certify, pursuant to 18 U.S.C. §1350, as adopted pursuant to § 906 of the Sarbanes-Oxley Act of2002, that:

(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 theReport fairly presents, in all material respects, the financialcondition and results of operations of the Partnership.

/s/ Daniel R. McAuliffe,Jr.

|  |
|--|
|  |  |
|  |

Daniel R. McAuliffe,Jr.Citigroup Managed Futures LLC Chief Financial Officer andDirector     May 11,2006

----
[Federal Register Volume 74, Number 47 (Thursday, March 12, 2009)]
[Notices]
[Page 10727]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-5253]


-----------------------------------------------------------------------

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 9282-032]


Notice of Application for Transfer of License, and Soliciting 
Comments and Motions To Intervene

March 4, 2009.
    In the matter of: Winslow H. MacDonald, Trustee, Heidi B. 
Robichaud, Successor Trustee, Milford Elm Street Trust, 37 Wilton 
Road, Milford LLC, and 282 Route 101, LLC.

    On February 2, 2009, Winslow H. MacDonald, Trustee, Heidi B. 
Robichaud, Successor Trustee, and Milford Elm Street Trust 
(collectively, transferors) and 37 Wilton Road, Milford LLC and 282 
Route 101 LLC (collectively, transferees) filed an application, for 
transfer of license of the Pine Valley Dam Project, located on the 
Souhegan River in Hillsborough County, New Hampshire.
    Applicants seek Commission approval to transfer the license for the 
Pine Valley Dam from the transferors to the transferees.
    Applicant Contact: Mr. Mark Prolman, Prolman Realty, 100 Elm 
Street, Nashua, NH 03060.
    FERC Contact: Robert Bell, (202) 502-6062.
    Deadline for filing comments and motions to intervene: 30 days from 
the issuance of this notice. Comments and motions to intervene may be 
filed electronically via the Internet. See 18 CFR 
385.2001(a)(1)(iii)(2008) and the instructions on the Commission's Web 
site under the ``e-Filing'' link. If unable to be filed electronically, 
documents may be paper-filed. To paper-file, an original and eight 
copies should be mailed to: Kimberly D. Bose, Secretary, Federal Energy 
Regulatory Commission, 888 First Street, NE., Washington, DC 20426. For 
more information on how to submit these types of filings please go to 
the Commission's Web site located at http://www.ferc.gov/filing-comments.asp. More information about this project can be viewed or 
printed on the eLibrary link of the Commission's Web site at http://www.ferc.gov/docs-filing/elibrary.asp. Enter the docket number (P-9282-
032) in the docket number field to access the document. For assistance, 
call toll-free 1-866-208-3372.

Kimberly D. Bose,
Secretary.
 [FR Doc. E9-5253 Filed 3-11-09; 8:45 am]
BILLING CODE 6717-01-P
UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 98-7386

THERON JOHNNY MAXTON,

Petitioner - Appellant,

versus

DOCTOR BEINER; NURSE MITCHELL; BARBARA SKEAN;

MICHAEL MOORE,

Respondents - Appellees.

Appeal from the United States District Court for the District of

South Carolina, at Rock Hill. David C. Norton, District Judge.

(CA-98-1560-10-18BD)

Submitted: December 17, 1998 Decided: January 9, 1999

Before WILKINS, NIEMEYER, and TRAXLER, Circuit Judges.

Affirmed by unpublished per curiam opinion.

Theron Johnny Maxton, Appellant Pro Se.

Unpublished opinions are not binding precedent in this circuit.

See Local Rule 36(c).
2

PER CURIAM:

Theron Johnny Maxton appeals the district court’s order dismissing without prejudice his petition filed under 28 U.S.C. § 2241

(1994). We have reviewed the record and the district court’s opinion accepting the recommendation of the magistrate judge and find

no reversible error. Accordingly, we affirm on the reasoning of

the district court. See Maxton v. Beiner, No. CA-98-1560-10-18BD

(D.S.C. Sept. 2, 1998). We dispense with oral argument because the

facts and legal contentions are adequately presented in the materials before the court and argument would not aid the decisional

process.

AFFIRMED
CHARLESTON.

#### Herbert Stansbury *v.*G. W. Bright *et al.*

(No. 6561)

Submitted November 12, 1930.

Decided November 18, 1930.

*Carl G. Sanders*and *Clarence*W. *Meadows,*for appellant. *Dillon, Mahan & Holt,*for appellees.

Woods, Judge:

The principal object of this suit, so far as the present appeal is concerned, was to require the Bank of Mount Hope to account to plaintiff and the C. M. Lilly estate for certain usury alleged to have been charged on a loan to plaintiff and C. M. Lilly in the sum of $15,000.00, as evidenced by their joint promissory note; and for the face value of a $15,000.00 note of Williams-Combs Coal Company, as maker. This latter note, which was secured by a deed of trust, was placed with defendant bank as collateral. The plaintiff contended that the collateral note, now considered worthless, was on date of maturity collectible, and that defendant bank should be liable for its non-action in regard thereto. The bank defends on the ground that C. M. Lilly, who was admittedly the agent of plain*652tiff in securing and renewing the loan from time to time, bad requested it not to attempt to enforce collection of said collateral. It also denied that it had at any time demanded or accepted more than six per cent, interest. The court found for the bank on both issues of fact, and we are bound by that finding. *Linger*v. *Watson,*108 W. Va. 180; *Davis*v. *Davis Trust Co.,*107 W. Va. 141; *Kincaid*v. *Evans,*106 W. Va. 605; *McBee*v. *Deusenberry,*99 W. Va. 176.

Plaintiff insists that the evidence of the vice-president and the cashier of .defendant bank to the effect that C. M. Lilly had requested that no attempt be made to collect the collateral in question was improper, C. M. Lilly having died before the bringing of this suit. Section 23, chapter 130, Code, does not disqualify an agent from testifying as to communications between such witness and a person at the time of such examination deceased, in an action by his principal against the estate of said deceased party. *Brown*v. *Click,*59 W. Va. 172. This applies to agents of a corporation. *Smith*v. *U. S. F. & G. Co.,*109 W. Va. 280, 153 S. E. 584. Also, Note, 21 A. L. R. 936. So, should this cause be construed as seeking to hold the administrator of decedent’s estate, the evidence of the cashier, who is an agent of the bank, and who, under the circumstances of this particular case, is not shown to be a stockholder, or interested otherwise than as an agent, was proper. *Lyon’s Ex’r. et al.*v. *Logan County Bank’s Assignee,*25 Ky. L. Rep. 1668, 78 S. W. 454. As secretary of the board of directors, he was conversant with all matters concerning the loan, as well as the collateral. The evidence of the cashier alone, together with that of the plaintiff, was sufficient to sustain the findings of the trial chancellor. So, we deem it unnecessary to discuss the right of the vice-president, who is admittedly a stockholder, and therefore interested in the outcome of the suit, to testify as to Lilly’s instructions regarding the collateral. Such a right to testify would seem to turn on Lilly’s interest in the outcome of the particular suit.

The decree is affirmed.

*Affirmed.*
exv10w13






Exhibit 10.13





AMENDMENT TO

AMENDED AND RESTATED EMPLOYMENT AGREEMENT




     THIS AMENDMENT (the “Amendment”) is effective as of February 4, 2010 and amends the October
10, 2008 Amended and Restated Employment Agreement (the “Agreement”) by and between FIDELITY
NATIONAL FINANCIAL, INC., a Delaware corporation (the “Company”), and ANTHONY J. PARK (the
“Employee”) as follows:



     1. Excise Taxes. Section 9 of the Agreement is replaced in its entirety with the
following:




“Excise Taxes. If any payments or benefits paid or provided or to be paid
or provided to the Employee or for Employee’s benefit pursuant to the terms of this
Agreement or otherwise in connection with, or arising out of, employment with the
Company or its subsidiaries or the termination thereof (a “Payment” and,
collectively, the “Payments”) would be subject to the excise tax imposed by Section
4999 of the Code (the “Excise Tax”), then Employee may elect for such Payments to be
reduced to one dollar less than the amount that would constitute a “parachute
payment” under Section 280G of the Code (the “Scaled Back Amount”). Any such
election must be in writing and delivered to the Company within thirty (30) days
after the Date of Termination. If Employee does not elect to have Payments reduced
to the Scaled Back Amount, Employee shall be responsible for payment of any Excise
Tax resulting from the Payments and Employee shall not be entitled to a gross-up
payment under this Agreement or any other for such Excise Tax. If the Payments are
to be reduced, they shall be reduced in the following order of priority: (i) first
from cash compensation, (ii) next from equity compensation, then (iii) pro-rata
among all remaining Payments and benefits. To the extent there is a question as to
which Payments within any of the foregoing categories are to be reduced first, the
Payments that will produce the greatest present value reduction in the Payments with
the least reduction in economic value provided to Employee shall be reduced first.”



     2. Definitions and Conflicts. All terms not specifically defined in this Amendment
shall have the same meaning as in the Agreement. In the event of a conflict between the terms of
this Amendment and the Agreement, this Amendment shall control.



     IN WITNESS WHEREOF the parties have executed this Amendment to be effective as of the date
first set forth above.



	 	 	 	 	 
	 	FIDELITY NATIONAL FINANCIAL, INC.

 	 
	 	By:  	/s/
Michael L. Gravelle 	 
	 	 	Its: 	Executive Vice President, General Counsel
and
Corporate Secretary 	 
	 	 	 	 
	 
	 	ANTHONY J. PARK

 	 
	 	/s/
Anthony J. Park
# MANISTEECOUNTY VISITOR S BUREA U 31 0 FIRS TSTREET , P O BO X 13 , MANISTEE , Ml
. 4966 0 - 887.626.476 3 - www.visitmanisfeecoun+y.co m Mr
. Denni s DeVany , Chie f Essentia l Ai rServic e Divisio n -- ^ •_I;i75=': - Officeo fAviatio n Analysi s —O,—] 3 U.S
. Departmen t o fTransportatio n "" " ri^^cl j 120 0 Ne wJerse yAvenu e S E i j i^i^ ^ Washington , D

C 2059 0 - 5 oQ^ ' Dea rMr
. DeVany , rN: > Th e Maniste e Count yConventio n an d Visitor' s Burea u support s th e proposa l fo rAlternat e Essentia l Ai r Servic e pu t fort h b yth e Maniste e Blacke rAirpor t Authority
. Th e Maniste e Count yVisitor s Burea u wa s organize d i n 1997 , unde rth e Stat e o f Michigan , Publi cAc t 59 , a s th e officia l trave l an d touris m organizatio n fo rManiste e County
. Th e Visitor s Burea u i s comprise d o f 2 4 lodgin g establishment s representin g a variet yo faccommodation s fro m resort hotel s t o be d & breakfas t retreats , cabin s o n th e river , luxuryhome s o n Lak e Michiga n an d family-owned , quain t moto r lodges
. Th e touris m industr yi n Maniste e Count yi s heavil ydependen t o n th e variou s transportatio n system s t o brin g visitor s t o th e county
. Qualit yai rtransportation , especiall yt o Chicago , i s critica l i n providin g acces s t o Maniste e Count yan d northwes t lowe rMichigan
. Reliabl e an d affordabl e ai rtransportatio n play s a vita l rol e fo rth e area' s touris m relate d businesses
. W e suppor t th e decision s o fth e Maniste e Blacke rAirpor t Authorit yi n pursuin g ai rservic e t o Chicag o wit h 3 0 sea t commute raircraf t a s th e bes t mean s t o mee t th e need s o fth e County' s touris m relate d businesses
. Durin g th e pas t year , th e Maniste e Count yBlacke rAirpor t has see n significan t growth , thi s wa s especiall ytru e durin g th e bus ysumme rmonth s whic h ar e critica l t o th e touris m econom yo fth e area . W e ar e encourage d b yth e fac t tha t th e proposa l fo rAlternat e Essentia l Ai rServic e recognize s th e increase d nee d fo rai rservic e durin g th e summe rmonth s an d i s structure d t o accommodat e th e seasonalit yo fservic e needs
. That , alon g wit h servic e t o Chicag o (a majo rsourc e o fvisitor s t o th e area ) an d continue d quality , affordabl e servic e i n genera l ar e ke yaspect s o fth e proposa l tha t w e strongl y support
. W e urg e you rthoughtfu l consideratio n an d approva l o fth e Alternat e Essentia l Ai rServic e proposa l pu t fort h b yth e Maniste e Blacke rAirpor t Authority
. Sincerely , Kathry n Kenn y^ ^ Executiv e Directo r
Exhibit
10(65)


 


December [          ], 2009


 


Private &
Confidential


 


[Name]


[Address]


[Address]


 


Re:                               AIG 2009 Cash Incentive Performance Award


 


Dear [Name]:


 


I
am pleased to advise you that, based on your achievement of certain performance
metrics in 2009, AIG has granted you a cash incentive award in the amount of $[          ] in respect of the fiscal year ending December 31,
2009, which will be paid on or before December 31, 2009.


 


If, following the date of this letter,
AIG determines that the grant of the award or the payment of the award was
based on materially inaccurate financial statements (which includes, but is not
limited to, statements of earnings, revenues or gains) or any other materially
inaccurate performance metric criteria, AIG shall be entitled to receive, and
you shall be obligated to repay to AIG immediately upon demand therefore, the
amount of the payments in respect of the award previously made.  This repayment to AIG shall be net of any
taxes withheld from the original payment to you, except to the extent that a
greater repayment is required by the TARP Standards for Compensation and
Corporate Governance, 31 C.F.R. Part 30 (the “Rule”) or the determinations
of the Special Master for TARP Executive Compensation pursuant to the
Rule.  AIG will determine whether a
financial statement or other performance metric criteria is materially
inaccurate in accordance with the standards set forth in § 30.8 of the
Rule, or any similar or successor provision applicable to AIG and in effect
from time to time.


 


Compensation described in this letter is
subject to applicable regulations issued by the U.S. Department of the Treasury
and applicable requirements of agreements between AIG and the U.S. government,
as the same are in effect from time to time. 
You may receive the compensation described in this letter only to the
extent that it is consistent with those regulations and requirements.


 

















 


AIG and the Board of Directors appreciate
that 2009 was a challenging year for all AIG employees.  I personally wish to thank you for your hard
work and dedication during this time, and look forward to continuing to
recognize and reward the contributions you make to AIG.


 


Sincerely,


 


 


[Robert
H. Benmosche]


 


2
STATE of North Carolina v. Gregory Charles BASKINS

No. 273P18

Supreme Court of North Carolina.

March 27, 2019

Laura Altman, Reid Cater, Attorneys at Law, for Baskins, Gregory Charles.

Joseph L. Hyde, Assistant Attorney General, J. Douglas Henderson, District Attorney, for State of North Carolina.

***ORDER***

The following order has been entered on the motion filed on the 27th of August 2018 by State of NC for Temporary Stay:

"Motion Dissolved by order of the Court in conference, this the 27th of March 2019."

Upon consideration of the petition filed by State of NC on the 27th of August 2018 for Writ of Supersedeas of the judgment of the Court of Appeals, the following order was entered and is hereby certified to the North Carolina Court of Appeals:

"Denied by order of the Court in conference, this the 27th of March 2019."

Upon consideration of the petition filed on the 7th of September 2018 by State of NC in this matter for discretionary review of the decision of the North Carolina Court of Appeals pursuant to G.S. 7A-31, the following order was entered and is hereby certified to the North Carolina Court of Appeals:

"Denied by order of the Court in conference, this the 27th of March 2019."
EXHIBIT 10.10


 


Summary of Barry L. McCabe 2010 Compensation


 


The
Knoll, Inc. compensation committee approved an annual base salary of
$295,000 for Barry L. McCabe, with a bonus target of $295,000.  Mr. McCabe is also entitled to
participate in the benefit plans provided by Knoll that are available to Knoll
employees generally, including, without limitation, healthcare benefits, the
Knoll Retirement Savings Plan, the Knoll Pension Plan and the Knoll Employee
Stock Purchase Plan.
**AMENDED
AND RESTATED 1997 INCENTIVE STOCK OPTION PLAN OF VINEYARD NATIONAL
BANCORP**
 ****
 **Notice
Of Stock Option Grant**
 
 You have
been granted the following option to purchase Common Stock of Vineyard National
Bancorp (the “ **Company** ”):
  Name of
Optionee:
  Total
Number of Shares Granted:
  Type of
Option:
  Exercise
Price Per Share:
  Date of
Grant:
  Vesting
      Commencement Date:
    
    Date
      of GrantVesting
      Schedule:
    
    One-fourth
      (1/4) of the total number of Shares underlying the Optionshall vest and be
      exercisable as of the Date of Grant and an additional one-fourth (1/4) of
      the total number of Shares underlying the Option shall vest and become
      exercisable on each anniversary date of the Date of Grant so that all of
      the Shares underlying the Option are vested and exercisable on the third
      (3rd)
      anniversary date of the Date of Grant.Expiration
      Date:
    
    Tenth
      (10th)
      anniversary date of the Date of Grant.
 
  
  By your
signature and the signature of the Company’s representative below, you and the
Company agree that this option is granted under and governed by the terms and
conditions of the Amended and Restated 1997 Incentive Stock Option Plan of
Vineyard National Bancorp and the Stock Option Agreement, both of which are
attached to and made a part of this document. Optionee hereby represents that
both the option and any shares acquired upon exercise of the option have been or
will be acquired for investment for his own account and not with a view to or
for sale in connection with any distribution or resale of the
security.
  
 Optionee:
    Vineyard
      National BancorpBy:________________________________
      
      Name:_____________________________
    By:________________________________
      
      Its:________________________________
Eric T. TOLEN, Appellant, v. STATE of Missouri, Respondent.

No. ED 105956

Missouri Court of Appeals, Eastern District, DIVISION FOUR.

Filed: February 20, 2018 Motion for Rehearing and/or Transfer to Supreme Court Denied March 22, 2018 Application for Transfer Denied May 22, 2018

Eric T. Tolen, for Appellant Acting pro se.

Dora A. Fichter, P.O. Box 899, Jefferson City, MO 65102, for Defendant/Respondent.

Before Colleen Dolan, P.J., Mary K. Hoff, J., and Lisa S. Van Amburg, J.

*ORDER*

PER CURIAM.

Eric T. Tolen ("Movant") appeals the judgment of the motion court, in which it denied his Motion to Reopen his Rule 29.15 Post-Conviction Proceedings pursuant to Rule 75.01. Finding Movant cannot establish that his plea counsel failed to comply with Rule 29.15(e), we affirm the motion court.

No jurisprudential purpose would be served by a written opinion. We have, however, provided the parties a memorandum setting forth the reasons for our decision. The judgment of the trial court is affirmed under Rule 84.16(b).
|EXHIBIT 32.2
|------------



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

The undersigned hereby certifies in his capacity as Chief Financial Officer of Belrose Capital Fund LLC (the Fund), that based on his knowledge:

|(a) | the Quarterly Report of the Fund on Form 10-Q for the quarter ended June 30, 2008 (the Report) fully complies with the requirements of Section 13(a) of the Securities Exchange Act of 1934, as amended; and
|--- | ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
|   
|(b) | the information contained in the Report fairly presents, in all material respects, the financial condition and the results of operations of the Fund for such period.                                       
|   



|Date: August 8, 2008
|--------------------



| | /s/ Andrew C. FrenetteAndrew C. FrenetteChief Financial Officer
| | ---------------------------------------------------------------

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