alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
exhibit10-3_010408.htm


    EXECUTION
      COPY

     

    Triarc
      Companies, Inc.

    280
      Park
      Avenue

    New
      York,
      NY 10017

     

    As
      of
      December 28, 2007

     

     

    Mr.
      Peter
      W. May

    Trian
      Fund Management, L.P.

    280
      Park
      Avenue

    New
      York,
      NY 10017

    


    Re:
      Amendment to Separation Letter

    


    Mr.
      May:

    


    Reference
      is made to the letter
      agreement, dated as of April 30, 2007, between you and Triarc Companies, Inc.
      (the “Company” or “Triarc”) (the “Agreement”). Unless otherwise defined herein,
      capitalized terms shall have the meaning set forth in the
      Agreement.

    


    In
      light of the fact that Section (2)
      of the Agreement accommodated the Company by not requiring that the Company
      deposit into the rabbi trust the full amount set forth in sub-clause (x) of
      Section (2) of the Agreement (the “Full Amount” and the difference between the
      Full Amount and the Lump Sum Payment is referred to as the “Funding
      Differential”), and that as a result the assets to be transferred to you on the
      Payment Date do not reflect a return on the Funding Differential during the
      period from the Termination Date through to the Payment Date (the “Covered
      Period”), the Company shall pay to you, within five (5) business days of the
      date of  this letter, an amount equal to $548,376.03, representing the
      product of (x) the Funding Differential (less the amount of required Medicare
      taxes paid by the Company in respect of the Full Amount) and (y) an interest
      rate of ten percent (10%), per annum, adjusted for the Covered
      Period.

    


    Except
      as otherwise provided for
      herein, the terms of the Agreement shall remain in full force and effect in
      accordance with its terms. This letter may be executed in one or more
      counterparts, each of which shall be deemed to be an original, but all of which
      together shall constitute one and the same instrument.

    


    Sincerely,

    


    Triarc
      Companies, Inc.

    By:
/s/ DAVID
      E. SCHWAB
      II                          


          
      Name: David E. Schwab II

          
      Title: Director

    Accepted
      and Agreed to:

     

    /s/
      PETER W.
      MAY
Document Headings

                    Document headings vary by document type but may contain                    the following:                  
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                -                       the RIN which identifies each regulatory action listed in                      the Unified Agenda of Federal Regulatory and Deregulatory                      Actions                    

                    See the                                          Document Drafting Handbook                                        for more details.                  

###### Department of Veterans Affairs

The Department of Veterans Affairs (VA) gives notice under Public Law 92-463 (Federal Advisory Committee Act) that a meeting of the Advisory Committee on Cemeteries and Memorials will be held on May 5-6, 2009, at the El Paso Marriott, 1600 Airway Boulevard, El Paso, Texas. On May 5, the meeting will begin at 8 a.m. and end at 3:45 p.m. and on May 6, the meeting will begin at 8:30 a.m. and end at 4 p.m. The meeting is open to the public.

The purpose of the Committee is to advise the Secretary of Veterans Affairs on the administration of national cemeteries, soldiers' lots and plots, the selection of new national cemetery sites, the erection of appropriate memorials, and the adequacy of Federal burial benefits.

On May 5, the Committee will receive updates on National Cemetery Administration issues. On May 6, the Committee will tour Fort Bliss National Cemetery, located at 5200 Fred Wilson Boulevard, El Paso, Texas, and then reconvene at the hotel for a business session in the afternoon. The May 6 session will include discussions of Committee recommendations, future meeting sites, and potential agenda topics at future meetings.

Time will not be allocated for receiving oral presentations from the public. 

                    Any member of the public wishing to attend the meeting should contact Mr. Michael Nacincik, Designated Federal Officer, at (202) 461-6240. The Committee will accept written comments. Comments may be transmitted electronically to the Committee at                     *Michael.n@va.gov*, or mailed to the National Cemetery Administration (41C2), 810 Vermont Avenue, NW., Washington, DC 20420. In the public's communications with the Committee, the writers must identify themselves and state the organizations,  associations, or persons they represent.                

Dated: March 27, 2009. 

By Direction of the Secretary.

E. Philip Riggin,

Committee Management Officer.

 [FR Doc. E9-7455 Filed 4-1-09; 8:45 am]

BILLING CODE 8320-01-P
Steve HERRING, Appellant, v. STATE of Florida, Appellee.

CASE NO. 1D17-3355

District Court of Appeal of Florida, First District.

Opinion filed November 8, 2017

**DECISION WITHOUT PUBLISHED OPINION**

AFFIRMED.
Joseph A. THOMAS, Appellant, v. STATE of Florida, Appellee.

CASE NO. 1D17-3232

District Court of Appeal of Florida, First District.

Opinion filed November 16, 2017

**DECISION WITHOUT PUBLISHED OPINION**

AFFIRMED.
NOT FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

EDWARD NORTON,

Plaintiff

- Appellant,

v.

NANCY A. BERRYHILL, Acting

Commissioner of Social Security,

Defendant

- Appellee. No. 17

- 35772

D.C. No. 3:16

- cv

- 05641

- JCC

MEMORANDUM *

Appeal from the United States District Court

for the Western District of Washington

John C. Coughenour, District Judge, Presiding

Submitted March 27, 2019 **

Before: FARRIS, O’SCANNLAIN, and TROTT, Circuit Judges.

Edward Norton appeals the district court’s affirmance of the Commissioner

of Social Security’s denial of his application for disability insurance benefits and

supplemental security income under Titles II an d XVI of the Social Security Act

* This disposition is not appropriate for publication and is not precedent

except as provided by Ninth Circuit Rule 36

- 3.

** The panel unanimously concludes this case is suitable for decision

without oral argument. See Fed. R. App. P. 34(a)(2). 

# FILED

MAR 29 2019

MOLLY C. DWYER, CLER K

U.S. COURT OF APPEAL S2

(Act). We have jurisdiction under 28 U.S.C. § 1291 and 42 U.S.C. § 405(g). We

review de novo, Attmore v. Colvin , 827 F.3d 872, 875 (9th Cir. 2016), and we

affirm.

We reject Norton’s contention that the ALJ committed harmf ul error at step

two by failing to list chronic pain syndrome o r mild sacroiliac arthritis as severe

impairments. Because the ALJ resolved this step in Norton’s favor, and considered

all of Norton’s pain and mental health symptoms in formulating the residu al

function capacity, any error was harmless. See Buck v. Berryhill , 869 F.3d 1040,

1048

- 49 (9th Cir. 2017).

The ALJ provided specific and legitimate reasons to reject the controverted

opinions of two medical doctors as to Norton’s physical limitations and f our

mental health professionals as to Norton’s mental limitations. See Garrison v.

Colvin , 759 F.3d 995, 1012

- 13 (9th Cir. 2014). We reject Norton’s contention that

the ALJ’s stated reasons are not sufficiently spe cific. The ALJ set out the

conflicting medical evidence, stated his interpretation, made findings , and referred

to these findings in discounting the medical opinions. See id. Substantial evidence

supports the ALJ’s findings that the physical limitations as sessed by Dr. Staker and

Dr. Cogan were inconsistent with the record and unsupported by objective medical

evidence. Substantial evidence also supports the ALJ’s findings that the mental

limitations assessed by Dr. Wheeler, Dr. Brown, Dr. Higgins, and Dr. N eims we re3

inconsistent with the record and with Norton’s activities

.

The ALJ provided specific, clear, and convincing reasons to discredit

Norton’s testimony, including a lack of corroborating medical evidence and

inconsistencies between Norton’s testimony and his activities. See id. at 1014

– 15

(citation omitted). Because the ALJ provided clear and convincing reasons to

discredit Norton’s testimony, he did not err in rejecting the similar testimony of

several lay wi tnesses based on “the same reasons.” Valentine v. Comm’r of Soc.

Sec. Admin., 574 F.3d 685, 694 (9th Cir. 2009)

.

AFFIRMED.
EXHIBIT 8.1

SUBSIDIARIES OF TELESAT CANADA 1





|                     |  | State or Other Jurisdiction of | 
|-------------------- |  | ------------------------------ | 
|Subsidiary           |  | Incorporation or Organization  | 
|                     |  |                                | 
|Telesat Satellite LP |  | Delaware                       | 





1 Excludes certain subsidiaries
which, considered in the aggregate as a single subsidiary, do not constitute a significant subsidiary (as defined in Rule 1-02(w)of Regulation S-X) as of the year ended December 31, 2011.



ADDITIONAL SUBSIDIARIES OF TELESAT HOLDINGS
INC.



|                     |  | State or Other Jurisdiction of | 
|-------------------- |  | ------------------------------ | 
|Subsidiary           |  | Incorporation or Organization  | 
|                     |  |                                | 
|Telesat Interco Inc. |  | Canada                         | 
|                     |  |                                | 
|Telesat Canada       |  | Canada                         |
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 Vuzix Corporation (“Vuzix”) on Form 10-K
for the fiscal year ended December 31, 2009 as filed with the Securities and
Exchange Commission on the date hereof (the “Report”), I, Paul J. Travers, Chief
Executive Officer of Vuzix, certify, pursuant to 18 U.S.C. § 1350, as adopted
pursuant to § 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 Vuzix.




/s/ Paul J. TraversPaul
      J. Travers
                    Chief
      Executive OfficerDate:
      March 31, 2010




The
foregoing certification is being furnished to accompany Vuzix Corporation’s
Annual Report on Form 10-K for the fiscal year ended December 31, 2009 (the
“Report”) solely pursuant to Section 906 of the Sarbanes-Oxley Act of 2002 and
shall not be deemed filed as part of the Report or as a separate disclosure
document and shall not be deemed incorporated by reference into any other filing
of Vuzix Corporation that incorporates the Report by reference. A signed
original of this written certification required by Section 906 has been
provided to Vuzix Corporation and will be retained by Vuzix Corporation and
furnished to the Securities and Exchange Commission or its staff upon
request.
Sharon ROZIER, Appellant(s)/Petitioner(s), v. CARRINGTON MORTGAGE SERVICES, LLC, Appellee(s)/Respondent(s),

CASE NO.: 3D17-1232

District Court of Appeal of Florida, Third District.

JULY 11, 2017

**DECISION WITHOUT PUBLISHED OPINION**

Dismissed.
STATE of Louisiana v. Timothy THOMAS

NO. 2017-KO-1264

Supreme Court of Louisiana.

March 9, 2018

Denied.
EXHIBIT 13.1 / 13.2



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 Annual Report of Eagleford
Energy Inc. (the “Company”) on Form 20-F for the year ended August 31, 2011 as filed with the Securities and Exchange
Commission on the date hereof (the “Report”), I, James Cassina, Chief Executive and Financial 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.
| | --- | ----------------------------------------------------------------------------------------------------------------------------------------------------



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



|/s/ James Cassina |                                      
|----------------- | -------------------------------------
|Name:             | James Cassina                        
|Title:            | Chief Executive and Financial Officer
|Date:             | April 23, 2012
<TABLE>

                                    EXHIBIT 11

                     OLD KENT FINANCIAL CORPORATION

                          PRIMARY EARNINGS PER SHARE CALCULATION
<CAPTION>
                                 Three Months Ended Sept. 30   Nine Months Ended Sept. 30
                                    1 9 9 6        1 9 9 5        1 9 9 6        1 9 9 5
<S>                              <C>            <C>           <C>            <C>
P R I M A R Y
NET INCOME.....................   $40,297,000    $38,316,000   $117,092,000   $110,412,000
Less: Preferred stock dividends       -  0  -        -  0  -        -  0  -        -  0  -

INCOME FOR PRIMARY
 E.P.S. CALCULATION............   $40,297,000    $38,316,000   $117,092,000   $110,412,000

Avg common shares outstanding..    45,998,859     47,587,628     46,920,239     47,519,364
Common stock equivalents.......       326,307        366,655        346,414        384,877

SHARES FOR PRIMARY
 E.P.S. CALCULATION............    46,325,166     47,954,283     47,266,653     47,904,241

PRIMARY E.P.S..................         $0.87          $0.80          $2.48          $2.30

</TABLE>
Exhibit
13.1




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 Telesat Canada (the “Company”) on Form 20-F
for the fiscal year ended December 31, 2009 as filed with the Securities
and Exchange Commission on the date hereof (the “Report”), I, Daniel S.
Goldberg, President and 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 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.


March 3,
2010





/s/ Daniel S. GoldbergName:
              Daniel
      S. GoldbergTitle:
              President
      and Chief Executive
                Officer
Jonathan E. HUGHES, Appellant, v. STATE of Florida, Appellee.

No. 4D17-3110

District Court of Appeal of Florida, Fourth District.

December 7, 2017

**DECISION WITHOUT PUBLISHED OPINION**

Affirmed.
Amanda R. SIFTAR & Kasim Siftar, Appellant/Petitioner(s), v. WELLS FARGO BANK, N.A., Appellee/Respondent(s).

CASE NO.: 2D16-4002

District Court of Appeal of Florida, Second District.

July 26, 2017

**DECISION WITHOUT PUBLISHED OPINION**

Dismissed.
EXHIBIT 99.2



                            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 Report of Synthetech, Inc. (the "Company") on Form 10-Q/A
for the quarterly period ended December 31, 2002 as filed with the Securities
and Exchange Commission on the date hereof (the "Report"), I, Gary Weber, Chief
Financial 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/ Gary A. Weber
                                                 ------------------------------
                                                 Gary A. Weber
                                                 Vice President Finance,
                                                 Chief Financial Officer
                                                 February 6, 2003
[Federal Register Volume 83, Number 7 (Wednesday, January 10, 2018)]
[Notices]
[Page 1285]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-00269]


=======================================================================
-----------------------------------------------------------------------

INSTITUTE OF PEACE


Notice of Meeting

AGENCY: United States Institute of Peace.

DATE/TIME: Friday, January 19, 2018 (10:00 a.m.-1:00 p.m.).

LOCATION: 2301 Constitution Avenue NW, Washington, DC 20037.

STATUS: Open Session--Portions may be closed pursuant to Subsection (c) 
of Section 552(b) of Title 5, United States Code, as provided in 
subsection 1706(h)(3) of the United States Institute of Peace Act, 
Public Law 98-525.

AGENDA: January 19, 2018 Board Meeting: Chairman's Report; Vice 
Chairman's Report; President's Report; Approval of Minutes of the One 
Hundred and Sixty Fourth Meeting (October 20, 2017) of the Board of 
Directors; Reports from USIP Board Committees; Stoplight Presentation; 
Non-Violent Action Report; and Burma Update.

CONTACT: William B. Taylor, Executive Vice President: <a href="/cdn-cgi/l/email-protection#fa8d8e9b83969588ba8f89938ad495889d"><span class="__cf_email__" data-cfemail="691e1d081005061b291c1a001947061b0e">[email protected]</span></a>.

    Dated: January 5, 2018.
William B. Taylor,
Executive Vice President.
[FR Doc. 2018-00269 Filed 1-9-18; 8:45 am]
 BILLING CODE 6820-AR-P


</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>
Exhibit 32



CERTIFICATION PURSUANT TO

18 U.S.C. SECTION
1350



In connection with the Quarterly Report of Sealy Corporation (the
Company) on Form 10-Q for the period ending June 1, 2003 as filed with the Securities and Exchange Commission on the date hereof (the Report), David J. McIlquham, Chief Executive Officer of the Company, and James B. Hirshorn,
Chief Financial Officer of the Company, each certify, pursuant to 18 U.S.C. § 1350, as adopted pursuant to § 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 result of operations of the Company.



July 16, 2003



/S/    DAVID J.
MCILQUHAMDavid J. McIlquham Chief Executive Officer (principal executive officer)/S/    JAMES B.
HIRSHORNJames B. Hirshorn Chief Financial Officer (principal financial 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








The undersigned, Kaien Liang, the Chief Executive Officer of CHINA EXECUTIVE EDUCATION CORP. (the “Company”), DOES HEREBY CERTIFY that:





1.      The Company’s Annual Report on Form 10-K for the fiscal year ended December 31, 2010 (the “Report”), fully complies with the requirements of Section 13(a) of the Securities Exchange Act of 1934; and





2.      Information contained in the Report fairly presents, in all material respects, the financial condition and results of operation of the Company.





IN WITNESS WHEREOF, the undersigned has executed this statement this 27th day of March, 2012.








/s/ Kaien Liang


Kaien Liang


Chief Executive Officer


(Principal Executive Officer)








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





The forgoing certification is being furnished to the Securities and Exchange Commission pursuant to § 18 U.S.C. Section 1350.  It is not being filed for purposes of Section 18 of the Securities Exchange Act of 1934, as amended, and is not to be incorporated by reference into any filing of the Company, whether made before or after the date hereof, regardless of any general incorporation language in such filing.
IN THE SUPREME COURT OF PENNSYLVANIA

MIDDLE DISTRICT

GEORGE STRZELCZYK,

Petitioner

v.

PENNA BOARD OF PROBATION AND 

PAROLE,

Respondent

:

:

:

:

:

:

:

:

:

:

:

:

No. 177 MM 2016

ORDER

PER CURIAM

AND NOW, this 15th day of February, 2017, the Application for Leave to File 

Original Process is GRANTED, and the Petition for Writ of Mandamus and the 

Application for Appointment of Counsel are DENIED.