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

CERTIFICATION PURSUANT TO 18 U.S.C. §1350,

AS
ADOPTED PURSUANT TO

§906 OF THE SARBANES-OXLEY ACT OF 2002

In connection with the Annual Report of ATEL 14, LLC (the Company) on Form 10-K for the year ended December 31, 2009 as filed with the
Securities and Exchange Commission on the date hereof (the Report), I, Dean L. Cash, President and Chief Executive Officer of ATEL Associates 14, LLC, Managing Member 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:



|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: March 30, 2010



|                                                                     
|---------------------------------------------------------------------
|/s/ Dean L. Cash                                                     
|Dean L. Cash                                                         
|Chairman of the Board, President and                                 
|Chief Executive Officer of ATEL Associates 14, LLC, (Managing Member)
|                                                                     

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.
EX-10.4


  EXHIBIT 10.4

   

   

  AMENDMENT TO THE KIRBY CORPORATION

  DEFERRED COMPENSATION PLAN FOR KEY EMPLOYEES

   

  THIS AGREEMENT by Kirby Corporation (the "Company"),

   

  W I T N E S S E T H:

   

  WHEREAS, the Company maintains a nonqualified plan entitled "Kirby Corporation Deferred Compensation Plan for Key Employees" (the "Plan");

   

  WHEREAS, the Company retained the right in Section Eleven of the Plan to amend the Plan at any time;

   

  WHEREAS, it has been determined that the Plan must be amended with respect to amounts deferred and vested on or after January 1, 2005 to comply with the provisions of the American Jobs Creation Act of 2004 and new section 409A of the Internal Revenue Code of 1986, as amended (collectively, "Section 409A"),

   

  WHEREAS, it has been determined that the all amounts deferred under the Plan after January 1, 2005, shall comply with Section 409A,

   

  NOW, THEREFORE, the Plan is hereby amended with respect to amounts deferred under the Plan on or after January 1, 2005, but excluding amounts deferred prior to January 1, 2005, as follows:

   

  Section Eight of the Plan is hereby amended and restated to provide as follows:

   

  SECTION EIGHT PAYMENT

   

  Except as provided below, the Participant's Vested Accrued Benefit shall be payable in a lump sum payment within 90 days after the earliest to occur of the date of the Participant's (i) death, (ii) termination of employment as a result of Disability, or (iii) termination of employment with the Employer.

   

  An Employee shall not have terminated employment for these purposes unless the Employee has incurred a separation from service with the Employer and all affiliates (as determined for purposes of Code Section 409A and the regulations and guidance issued thereunder).

   

  Notwithstanding the foregoing, to the extent required under Code Section 409A, a distribution to a Participant who is a "specified employee" may not be made prior to six months following such Participant's termination of employment. The determination of who is a specified employee will be made in accordance with Code Section 409A and Code Section 416(i) (without regard to paragraph (5) thereof) and the applicable regulations and other guidance of general applicability issued thereunder.

  - 1 -

  

   

   

  IN WITNESS WHEREOF, the Company has caused this Agreement to be executed this

  31ST day of December, 2008, so as to be effective as of January 1, 2005.

   

  		
	KIRBY CORPORATION

	 

	By:
	/s/ Jack Sims

	Title:
	 



   

  - 2 -
RECOMMENDATIONS FROM THE PLUMBING INDUSTRY TO DOE

Basic Model (Fixture Fittings). For the purpose of testing of faucets and

showerheads, the term "basic model " shall be defined by the flow control

mechanism which is attached to or installed within the fixture fitting.

Basic Model (Water Closets). For the purpose of testing water closets and

urinals, the term "basic model" shall be defined as those fixtures which have

the largest volume of water within the water closet or urinal trapway as

flushed by the one of the four categories:

-gravity close coupled devices

-gravity one piece devices

-pressurized tank devices

-pressurized valve devices

Basic Model (Urinals). For the purpose of testing urinals, the term "basic

model" shall be defined as those fixtures which have the largest volume of

water within siphon jet, washdown and blowout urinals.

Initial Certification Sampling Plan for Basic Models (Fixtures and Fixture

Fitt in s - To samples selected at random shall be tested to the ASME

procedures for consumption. The water consumption of both devices shall be

less than or equal to the requirements of EPACT. If any sample exceeds the

maximum water consumption, eight additional samples shall be selected at

random and tested. The average of all eight samples shall not exceed the

requirements of EPACT. Each category, differences in cosy etic design or

finish, shape or color shall be grouped as defined in the basic model

definitions.

Test Data Submission to DOE - Follow PMI recoinendations adopted at the Fall

1994 PHI meeting.

 EE-DET-94-003 COMMENT 0F

RECOMMENDATIONS FROM THE PLUMBING INDUSTRY TO DOE 

Basic Model (Fixture Fittings). For the purpose of testing of faucets and 

showerhecids, the tern "basic model" shall be defined by the flow control 

mechanism which is attached to or installed within the fixture fitting. 

Basic MOdel (Water Closets). For the purpose of testing water closets and 

urinals, the tern "basic JOOdel" shall be defined as those fixtures which have 

the largest volume of water within the water closet or urinal trapway as 

flushed by the one of the four categories: 

-gravity close coupled devices 

-gravity one piece devices 

-pressurized tank devices 

-pressurized valve devices 

Basic MOdel (Urinals). For the purpose of testing urinals, the term "basic 

model" shall be defined as those fixtures which have the largest volume of 

water wi thin siphon jet, washdown and blowout urinals. 

Initial Certification Sampling Plan for Basic Models (Fixtures anc~ Fixture 

Fittings)- ~NO samples selected at rffi1dorn shall be tested to the ASME 

procedures for consumption. The water consumption of both devices shall be 

less than or equal to the r~~irements of EPACT. If any sample exceeds the 

maximrnn ~Eter consumption, eight additional sa~les shall be selected at 

random and tested. The average of all eight samples shall not exceed the 

requirements of EPACT. Each category, differences in cosn~tic design or 

finish, shape or color shall ce grouped as defined in the basic model 

definitions. 

Test Data Submission to DOE - Follow PM! recamnendations adopted at the Fall 

1994 PM[ meeting.
Gerald DAVIS, Petitioner, v. STATE of Florida, Respondent.

No. 1D18-1325

District Court of Appeal of Florida, First District.

April 13, 2018

John A. Ramsey, Jr., Gainesville, for Petitioner.

Pamela Jo Bondi, Attorney General, Tallahassee, for Respondent.

Per Curiam.

The petition seeking belated appeal is denied on the merits.

Lewis, Roberts, and Jay, JJ., concur.
Kenneth BROWN, Appellant, v. The STATE of Florida, Appellee.

No. 3D17-2318

District Court of Appeal of Florida, Third District.

Opinion filed December 13, 2017.

**DECISION WITHOUT PUBLISHED OPINION**

Affirmed.
Document

Exhibit 10(y)

TENET HEALTHCARE CORPORATION
[Date]
[Covered Executive]
By Email
Re: Amendment to Executive Severance Plan Agreement


Dear [Covered Executive],
This letter is intended to confirm our mutual understanding with respect to an amendment to the Tenet Executive Severance Plan Agreement (the “Agreement”) by and between you and Tenet Healthcare Corporation (“Tenet”) regarding your participation in the Tenet Executive Severance Plan (the “ESP”).  Capitalized terms used but not otherwise defined herein shall have the meanings ascribed to such terms in the ESP.
In order to induce you to continue your employment with Tenet and its affiliates, effective immediately upon execution of this letter, the Agreement is hereby amended as follows:
(1)Notwithstanding the provisions of Article VI of the ESP and irrespective of any advance notice, the ESP will not be amended, terminated or suspended in any way that materially reduces the rights or benefits of the Covered Executive without the Covered Executive’s written consent, which may be provided in the sole discretion of the Covered Executive. 
(2)Notwithstanding anything to the contrary, any unvested stock incentive plan award(s) to Covered Executive will continue to vest as originally scheduled upon and after a Qualifying Termination that is outside of the Protection Period with respect to a Change of Control.
Except as explicitly amended by this letter, the ESP and the Agreement shall remain in full force and effect in accordance with its term.
Please execute a copy of this letter and return it to me to acknowledge that you are in agreement with the amendment to the Agreement described above.
Sincerely,
TENET HEALTHCARE CORPORATION
By: _______________________
Name:
Title:
Acknowledged and agreed to by:
__________________________
[Covered Executive]
Nina SOLONENKO, Appellant, v. VOGUE PROPERTIES, LLC, Appellee.

No. 4D17-722

District Court of Appeal of Florida, Fourth District.

[February 1, 2018]

**DECISION WITHOUT PUBLISHED OPINION**

Affirmed.
|                             | Winland      Electronics, Inc. |                                         |
|----------------------------------|--------------------------------|----------------------------------------------|
|                             |                           |                                         |   |
| Date:       August 12, 2008 | By:                            | /s/ Glenn      A. Kermes                |   |
|                             |                           | Glenn      A. Kermes     |   |
|                             |                           | Chief      Financial Officer                 |   |
|                             |                           |                                         |   |
|                               | Winland Electronics,      Inc. |                                       |
|------------------------------------|--------------------------------|--------------------------------------------|
|                               |                           |                                       |   |
| Date:       November 12, 2009 | By:                            | /s/ Thomas      J. de Petra           |   |
|                               |                           | Thomas      J. de Petra                    |   |
|                               |                           | President      and Chief Executive Officer |   |
|                               |                           |                                       |   |
Douglas RAY, individually and as personal representative of the estate of Pearlie Ray, deceased v. Ashley GILL, administrator of the estate of Marshall Gill, deceased

1150884

Supreme Court of Alabama.

November 10, 2016

**DECISION WITHOUT PUBLISHED OPINION**

Affirmed.
EXHIBIT 31

LONG BEACH MORTGAGE LOAN TRUST 2004-5
ASSET-BACKED CERTIFICATES
SERIES 2004-5


I, James Guerin, a Senior Vice President of Long Beach Securities Corp.,
certify that:

l.  I have reviewed this annual report on Form 10-K, and all reports
on Form 8-K containing distribution or servicing reports filed in
respect of periods included in the year covered by this annual report,
of Long Beach Mortgage Loan Trust 2004-5, Asset-Backed Certificates,
Series 2004-5;

2.  Based on my knowledge, the information in these reports, taken
as a whole, does not contain any untrue statement of a material fact
or omit to state a material fact necessary to make the statements made,
in light of the circumstances under which such statements were made, not
misleading as of the last day of the period covered by this annual report;

3.  Based on my knowledge, the distribution or servicing information
required to be provided to the Trustee by the servicer under the
pooling and servicing, or similar, agreement, for inclusion in these
reports is included in these reports;

4.  I am responsible for reviewing the activities performed by
the servicer under the pooling and servicing, or similar, agreement
and based upon my knowledge and the annual compliance review required
under that agreement, and except as disclosed in the reports, the
servicer has fulfilled its obligations under that agreement; and

5. The reports disclose all significant deficiencies relating to the
servicer's compliance with the minimum servicing standards based upon
the report provided by an independent public accountant, after conducting
a review in compliance with the Uniform Single Attestation Program for
Mortgage Bankers or similar procedure, as set forth in the pooling and
servicing, or similar, agreement, that is included in these reports.


Dated:  March 1, 2005

By:  /s/  James Guerin
     James Guerin
     Senior Vice President
Jonathan PIPPIN, Appellant/Petitioner(s), v. Bob GUALTIERI, Sheriff, Appellee/Respondent(s).

CASE NO.: 2D17-0940

District Court of Appeal of Florida, Second District.

October 06, 2017

**DECISION WITHOUT PUBLISHED OPINION**

Appeal is dismissed.
# C_2019213EN.01005601.xml

| 24.6.2019 | EN | Official Journal of the European Union | C 213/56 |
| --- | --- | --- | --- |

24.6.2019

EN

Official Journal of the European Union

C 213/56

---

Action brought on 9 April 2019 — A9.com v EUIPO (Device of a bell icon)

(Case T-240/19)

(2019/C 213/55)

Language of the case: English

Parties

Applicant: A9.com, Inc. (Palo Alto, California, United States) (represented by: A. Klett and C. Mikyska, lawyers)

Defendant: European Union Intellectual Property Office (EUIPO)

Details of the proceedings before EUIPO

Trade mark at issue: Application for European Union figurative mark (Representation of device of a bell icon — Application for registration No 17 868 712)

Contested decision: Decision of the Second Board of Appeal of EUIPO of 4 February 2019 in Case R 1309/2018-2

Form of order sought

The applicant claims that:

| — | The Court annuls the contested decision. |
| --- | --- |

—

The Court annuls the contested decision.

| — | The respondent must pay the costs of the proceedings before the General Court and the proceedings before the Board of Appeal including the necessary expenses of Applicant in both proceedings. |
| --- | --- |

—

The respondent must pay the costs of the proceedings before the General Court and the proceedings before the Board of Appeal including the necessary expenses of Applicant in both proceedings.

Pleas in law

| — | Infringement of Article 7(1)(b) of Regulation (EU) 2017/1001 of the European Parliament and of the Council; |
| --- | --- |

—

Infringement of Article 7(1)(b) of Regulation (EU) 2017/1001 of the European Parliament and of the Council;

| — | Infringement of Articles 7(1)(c) and 7(2) of Regulation (EU) 2017/1001 of the European Parliament and of the Council. |
| --- | --- |

—

Infringement of Articles 7(1)(c) and 7(2) of Regulation (EU) 2017/1001 of the European Parliament and of the Council.

---
* Pursuant to 5 TH C IR

. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the

limited circumstances set forth in 5 TH C IR

. R. 47.5.4.

IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

No. 00-40845 Summary Calendar

JUAN MORENO, Petitioner-Appellant,

versus UNITED STATES OF AMERICA; ERNEST CHANDLER, Warden, RespondentsAppellees.

__________________________________________ Appeal from the United States District Court for the Eastern District of Texas USDC No. 1:00-CV-273

__________________________________________

May 28, 2001 Before EMILIO M. GARZA, STEWART and PARKER, Circuit Judges.
PER CURIAM: * Juan Moreno, federal prisoner # 46292-079, appeals the district court’s dismissal of his 28 U.S.C. § 2241 petition because it sought to raise 28 U.S.C. § 2255 claims. Moreno states that the savings clause of 28 U.S.C. § 2255 applies to his case because the district court in the Southern District cf Texas did not address the merits of his prior 28 U.S.C. 2255 motion and because this court did not grant him authorization to file a successive 28 U.S.C. § 2255 motion. Moreno’s arguments are without merit. See Pack v. Yusuff , 218 F.3d 448, 451-52 (5th Cir. 2000). The dismissal of his 28 U.S.C. § 2241 petition is AFFIRMED.
**Exhibit
      32.1**





**CERTIFICATION
      PURSUANT TO**


**18
      U.S.C. SECTION 1350**


**AS
      ADDED BY**


**SECTION
      906 OF THE SARBANES-OXLEY ACT OF 2002**








In
      connection with the Quarterly Report on Form 10-Q of QNB Corp. (the
      "Corporation”) for the period ended September 30, 2005, as filed with the
      Securities and Exchange Commission (the "Report"), I, Thomas J. Bisko, President
      and CEO, of the Corporation, certify, pursuant to 18 U.S.C. §1350, as added by §
      906 of the Sarbanes-Oxley Act of 2002, that this periodic report fully complies
      with the requirements of Section 13(a) or 15(d) of the Securities Exchange
      Act
      of 1934 and that information contained in this report fairly presents, in all
      material respects, the financial condition and results of operations of the
      issuer.


****Date: November
              4, 2005
            By:
            /s/ Thomas
              J. BiskoThomas
                J. Bisko
              President
                and CEO





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 required
      by Section 906 has been provide to QNB Corp. and will be retained by the Company
      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 ADDED BY
                  SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

         In connection with the Quarterly Report on Form 10-Q of QNB Corp. (the
"Company for the period ended June 30, 2004, as filed with the Securities and
Exchange Commission (the "Report"), I, Thomas J. Bisko, President and CEO, of
the Company, certify, pursuant to 18 U.S.C. ss.1350, as added by ss. 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.   To my knowledge, the information contained in the Report fairly
presents, in all material respects, the financial condition and results of
operations of the Company as of and for the period covered by the Report.

Date:    August 13, 2004                        By:  /s/ Thomas J. Bisko
         ---------------                             ---------------------
                                                     Thomas J. Bisko
                                                     President and CEO

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
required by Section 906 has been provide to QNB Corp. and will be retained by
the Corporation and furnished to the Securities and Exchange Commission or its
staff upon request.
Document Headings

                    Document headings vary by document type but may contain                    the following:                  
                -                       the agency or agencies that issued and signed a document                    
                -                       the number of the CFR title and the number of each part                      the document amends, proposes to amend, or is directly                      related to                    
                -                       the agency docket number / agency internal file number                    
                -                       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 Justice

###### Foreign Claims Settlement Commission

          - [F.C.S.C. Meeting and Hearing Notice No. 1-18]

The Foreign Claims Settlement Commission, pursuant to its regulations (45 CFR part 503.25) and the Government in the Sunshine Act (5 U.S.C. 552b), hereby gives notice in regard to the scheduling of open meetings as follows:

*Thursday, January 25, 2018:*                     10:00 a.m.—Issuance of Proposed Decisions in claims against Iraq.                

*Status:*                     Open.                

All meetings are held at the Foreign Claims Settlement Commission, 600 E Street NW, Washington, DC. Requests for information, or advance notices of intention to observe an open meeting, may be directed to: Patricia M. Hall, Foreign Claims Settlement Commission, 600 E Street NW, Suite 6002, Washington, DC 20579. Telephone: (202) 616-6975.

Brian M. Simkin,

Chief Counsel.

[FR Doc. 2018-00787 Filed 1-12-18; 4:15 pm]

 BILLING CODE 4410-BA-P
**Exhibit23.01**

 

**CONSENTOF INDEPENDENT REGISTERED PUBLIC ACCOUNTING FIRM**

 

We consent to the incorporation by reference in (1)the Registration Statement (Form S-1 No. 333-117911 of KMG America Corporation)and in the related Propspectuses and (2) the Registration Statement (Form S-8No. 333-121381 pertaining to the KMG America Corporation 2004 Equity IncentivePlan), of our report dated March 25, 2005, with respect to theconsolidated financial statements and schedule of KMG America Corporationincluded in this Annual Report (Form 10-K) for the year ended December 31,2004.

 
| Greensboro, North Carolina | /s/ Ernst & Young LLP |   |
|----------------------------|---------------------------|--------|
| March 25, 2005        |                      |

 

----
Reinaldo CABALLERO-RODRIGUEZ, Appellant, v. STATE of Florida, Appellee.

Case No. 5D17-119

District Court of Appeal of Florida, Fifth District.

Decision filed December 12, 2017

**DECISION WITHOUT PUBLISHED OPINION**

AFFIRMED.