alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
Third Supplemental Indenture



 Exhibit 4.1 
 THIRD SUPPLEMENTAL INDENTURE 
 dated as of October 6, 2011 

among 

DRIVETIME AUTOMOTIVE GROUP, INC., 
 DT ACCEPTANCE CORPORATION, 
 DRIVETIME OHIO COMPANY, LLC,

 and 
 WELLS FARGO BANK, NATIONAL ASSOCIATION, 
 as Trustee 

 
  

12.625% 
 Senior
Secured Notes due 
 2017 







 THIS THIRD SUPPLEMENTAL INDENTURE (this “Third Supplemental Indenture”),
entered into as of October 6, 2011, among DRIVETIME AUTOMOTIVE GROUP, INC., a Delaware corporation (“DTAG”) and DT ACCEPTANCE CORPORATION, an Arizona corporation (“DTAC” and together with DTAG, the
“Issuers”), DRIVETIME OHIO COMPANY, LLC, an Arizona limited liability company (the “Undersigned”) and WELLS FARGO BANK, NATIONAL ASSOCIATION, as trustee (the “Trustee”). 

RECITALS 

WHEREAS, the Issuers, the Guarantors party thereto and the Trustee entered into the Indenture, dated as of June 4, 2010 (the
“Indenture”), relating to the Issuers’ 12.625% Senior Secured Notes Due 2017 (the “Notes”); 
 WHEREAS, as a condition to the Trustee entering into the Indenture and the purchase of the Notes by the Holders, the Issuers agreed pursuant to the Indenture to cause any newly acquired or created
Restricted Subsidiaries to provide Guarantees in certain circumstances. 
 AGREEMENT 

NOW, THEREFORE, in consideration of the premises and mutual covenants herein contained and intending to be legally bound, the parties to
this Third Supplemental Indenture hereby agree as follows: 
 Section 1. Capitalized terms used herein and not otherwise
defined herein are used as defined in the Indenture. 
 Section 2. The Undersigned, by its execution of this Third
Supplemental Indenture, agrees to be a Guarantor under the Indenture and to be bound by the terms of the Indenture applicable to Guarantors, including, but not limited to, Article 11 thereof. 

Section 3. This Third Supplemental Indenture shall be governed by and construed in accordance with the laws of the State of New
York, without regard to conflicts of laws principles thereof. 
 Section 4. This Third Supplemental Indenture may be signed
in various counterparts which together will constitute one and the same instrument. 
 Section 5. This Third Supplemental
Indenture is an amendment supplemental to the Indenture and the Indenture and this Third Supplemental Indenture will henceforth be read together. 







 IN WITNESS WHEREOF, the parties hereto have caused this Third Supplemental Indenture to be
duly executed as of the date first above written. 
  

			
	 DRIVETIME AUTOMOTIVE GROUP, INC.,
 as Issuer

		
	By:	 	/s/ Raymond Fidel
	Name:	 	Raymond Fidel
	Title:	 	President and Chief Executive Officer
	
	 DT ACCEPTANCE CORPORATION,
 as Issuer

		
	By:	 	/s/ Steven P. Johnson
	Name:	 	Steven P. Johnson
	Title:	 	President
	
	 DRIVETIME OHIO COMPANY, LLC, as
 Guarantor

		
	By:	 	/s/ Jon D. Ehlinger
	Name:	 	Jon D. Ehlinger
	Title:	 	Secretary
	
	 WELLS FARGO BANK, NATIONAL
 ASSOCIATION, as Trustee and Collateral
 Agent

		
	By:	 	/s/ Raymond Delli Colli
	Name:	 	Raymond Delli Colli
	Title:	 	Vice President
Exhibit 32.1



Statement of Chief Executive Officer

Pursuant to Section 1350 of Title 18 of the United States Code



Pursuant to Section 1350 of Title 18 of the United States Code as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, the undersigned, Michael J. Hagan, the Chief Executive Officer of NutriSystem, Inc.
(the Company), hereby certifies that based on the undersigneds knowledge:



| | 1. | The Companys Form 10-Q Quarterly Report for the period ended June 30, 2004 (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: August 9, 2004 |  | /S/ MICHAEL J. HAGAN                             
|                     |  | Chairman of the Board and Chief Executive Officer
Exhibit 31.2



I, Charles T. DeBilio, certify that:



1. I have reviewed this annual report on Form 10-KSB of Partners Financial Corporation.



2. Based on my knowledge, this annual report 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 with respect to the period covered by this annual report;



3. Based on my knowledge, the financial statements, and other financial information included in this annual report, fairly present in all
material respects the financial condition, results of operations and cash flows of the registrant as of, and for, the periods presented in this annual report;



4. The registrants other certifying officers and I are responsible for establishing and maintaining disclosure controls and procedures (as defined in Exchange
Act Rules 13a-15(e) and 15d-15(e)) for the registrant and have:



a) designed such disclosure controls and procedures or caused such disclosure controls and procedures to be designed under our supervision to ensure that material information relating to the registrant, including its consolidated
subsidiaries, is made known to us by others within those entities, particularly during the period in which this annual report is being prepared;



b) evaluated the effectiveness of the registrants disclosure controls and procedures; and presented in this annual report our conclusions about the
effectiveness of the disclosure controls and procedures as of the end of the period covered by this report based on such evaluation; and



c) disclosed in this report any change in the registrants internal control over financial reporting that occurred during the registrants most
recent fiscal quarter (the registrants fourth quarter in case of an annual report) that has materially affected, or is reasonably likely to affect, the registrants internal control over financial reporting; and



5. The registrants other certifying officers and I have disclosed, based on our most
recent evaluation, of internal control over financial reporting to the registrants auditors and the audit committee of registrants board of directors (or persons performing the equivalent function):



a) all significant deficiencies and material weaknesses in the design or
operation of internal control over financial reporting which are reasonably likely to adversely affect the registrants ability to record, process, summarize and report financial information; and



b) any fraud, whether or not material, that involves management or other
employees who have a significant role in the registrants internal control over financial reporting.



Date: July 7, 2005



|                         
|-------------------------
|/s/ Charles T. DeBilio   
|Charles T. DeBilio       
|Senior Vice President and
|Chief Financial Officer
II 

112TH CONGRESS 

1ST SESSION S. 302 

To authorize the Secretary of the Interior to issue right-of-way permits 

for a natural gas transmission pipeline in nonwilderness areas within 

the boundary of Denali National Park, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

FEBRUARY 8, 2011 

Ms. MURKOWSKI (for herself and Mr. BEGICH) introduced the following bill; 

which was read twice and referred to the Committee on Energy and Natural Resources 

A BILL 

To authorize the Secretary of the Interior to issue rightof-way permits for a natural gas transmission pipeline 

in nonwilderness areas within the boundary of Denali 

National Park, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. DENALI NATIONAL PARK AND PRESERVE NAT4 URAL GAS PIPELINE. 

5 (a) DEFINITIONS.—In this section: 

6 (1) APPURTENANCE.— 

7 (A) IN GENERAL.—The term ‘‘appur8 tenance’’ includes cathodic protection or test 


srobinson on DSKHWCL6B1PROD with BILLS
2 

•S 302 IS

1 stations, valves, signage, and buried commu2 nication and electric cables relating to the oper3 ation of high-pressure natural gas transmission. 

4 (B) EXCLUSIONS.—The term ‘‘appur5 tenance’’ does not include compressor stations. 

6 (2) PARK.—The term ‘‘Park’’ means the Denali 

7 National Park and Preserve in the State of Alaska. 

8 (3) SECRETARY.—The term ‘‘Secretary’’ means 

9 the Secretary of the Interior. 

10 (b) PERMIT.—The Secretary may issue right-of-way 

11 permits for— 

12 (1) a high-pressure natural gas transmission 

13 pipeline (including appurtenances) in nonwilderness 

14 areas within the boundary of Denali National Park 

15 within, along, or near the approximately 7-mile seg16 ment of the George Parks Highway that runs 

17 through the Park; and 

18 (2) any distribution and transmission pipelines 

19 and appurtenances that the Secretary determines to 

20 be necessary to provide natural gas supply to the 

21 Park. 

22 (c) TERMS AND CONDITIONS.—A permit authorized 

23 under subsection (b)— 

24 (1) may be issued only— 


srobinson on DSKHWCL6B1PROD with BILLS
3 

•S 302 IS

1 (A) if the permit is consistent with the 

2 laws (including regulations) generally applicable 

3 to utility rights-of-way within units of the Na4 tional Park System; 

5 (B) in accordance with section 1106(a) of 

6 the Alaska National Interest Lands Conserva7 tion Act (16 U.S.C. 3166(a)); and 

8 (C) if, following an appropriate analysis 

9 prepared in compliance with the National Envi10 ronmental Policy Act of 1969 (42 U.S.C. 4321 

11 et seq.), the route of the right-of-way is the 

12 route through the Park with the least adverse 

13 environmental effects for the Park; and 

14 (2) shall be subject to such terms and condi15 tions as the Secretary determines to be necessary. 

Æ 


srobinson on DSKHWCL6B1PROD with BILLS
Exhibit 10.15

 



 

April 22, 2005

 

Leonard Ketelsen

 

Dear Leonard:

 

I am very pleased to provide you with this offer letter for the position of Engineering Manager VI with CyOptics, Inc. Your manager will be Ed Coringrato. Your starting base salary will be $153,500 annually, to be paid on a bi-weekly basis. As part of your compensation package, we will recommend to the CyOptics Board of Directors that you be granted stock options under the terms and conditions set forth in the Company’s Stock Option Plan. The details of this option grant will be forthcoming.

 

Your full-time place of employment will be at the Company’s location in Breinigsville, PA. You will be eligible to participate in the Company’s U.S. benefits program, which includes medical, dental, life, disability, and 401(k) plan. It is CyOptics’ policy to reimburse employees for all necessary and reasonable expenses that are incurred while on Company business. Additionally, per calendar year, the Company will provide you 15 paid vacation days, 10 paid holidays, and 3 personal days.

 

In compliance with the Immigration Reform and Control Act of 1986, we request that you provide us with appropriate documentation verifying your work authorization and identification prior to your start of employment. You will be instructed to bring this documentation to the orientation session.

 

All employment with CyOptics is “at-will”, which means you may resign at any time with or without notice and CyOptics reserves the right to terminate your employment or alter your position, duties, or title with or without notice, for any or no particular reason or cause.

 

Leonard, we are very excited at the prospect of having you join the CyOptics team and being an integral player in the shaping of our new Company. By signing below, you will indicate your acceptance to begin work with CyOptics on May 1, 2005, subject to the actual closing date. We are confident we can build a mutually rewarding and fulfilling relationship.

 

 

	
/s/ Ed J. Coringrato
    	
 
    	
 
    
	
Ed J. Coringrato
    	
 
    	
 
    
	
President & CEO
    	
 
    	
 
    
	
 
    	
 
    	
 
    
	
ACCEPTED AND AGREED:
    	
 
    	
 
    
	
 
    	
 
    	
 
    
	
/s/ Leonard Ketelsen
    	
 
    	
4/24/05
    
	
Leonard Ketelsen
    	
 
    	
Date
    
	
 
    	
 
    	
 
    
	
OFFER DECLINED:
    	
 
    	
 
    
	
 
    	
 
    	
 
    
	
 
    	
 
    	
 
    
	
Leonard Ketelsen
    	
 
    	
Date
    


 

7360 Windsor Drive

Allentown, PA 18106

Phone: 610-336-5860

Fax: 610-336-5861

www.cyoptics.com
exh1020.htm


    EXHIBIT
10.20

    


    Compensation
Arrangements for Timothy L. Stubbs

    


    The
following is a summary of the compensation arrangement effective May 22, 2007
for Timothy L. Stubbs in his capacity as Vice President/General Manager of Lisa
Motor Lines, Inc. a subsidiary of the Company.

    


    Annual Base Salary. $96,286

    


    Annual and Long-Term Incentive
Compensation Plans. Participation in the Company’s Incentive Bonus Plan,
the 2005 Stock Incentive Plan and the Managers’ Phantom Stock Plan.

    


    Benefit Plans and Other
Arrangements. Mr. Stubbs is eligible to participate in the Company’s
broad-based programs including health, disability and life insurance programs,
the Frozen Food Express Industries, Inc. 401(k) Savings Plan, and the FFE
Transportation Services, Inc. 401(k) Wrap Plan.  He is also eligible
to participate in the Key Employee Supplemental Medical Plan.

    


    Perquisites. Mr. Stubbs is
eligible to participate in certain programs offered by the Company, including
automobile mileage reimbursement for business purposes, a $300 per month
automobile allowance and a holiday bonus equal to one week’s annual base
salary.

     

    
      
        
        

      

      
        63 of
71
## 1998 D e c i sion s O p inion s of the U nit e d S t a t e s C our t of Appe al s for the Thir d C ir c uit

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w . v i l l a no va . e du/thir dc ir c uit_1998/234

### UNITED STATES COURT OF APPEALS

FOR THE THIRD CIRCUIT

No. 97-3531
USA v. Walker The following modifications have been made to t he Court's opinion issued on August 19, 1998, in the above-ent itled appeal and will appear as part of the final version of the opinion: The slip opinion in the above case erroneousl y list Jarvis F. Tait as "Esquire" and as an Assistant United States Attorney. The correct title for Mr. Tait should be "Legal Intern."

/s/ P. Dou glas Sisk, Clerk Dated: September 24, 1998
<PAGE>   1
                                   EXHIBIT 11.1


                        COMPUTATION OF EARNINGS PER SHARE


<TABLE>
<CAPTION>
                                           Three Months ended              Nine Months ended
                                              September 30,                  September 30,
                                          1997            1998            1997            1998
                                          ----            ----            ----            ----
<S>                                    <C>             <C>             <C>             <C>
Net income                             $  467,742      $  604,178      $1,607,598      $1,466,420
                                       ==========      ==========      ==========      ==========


Weighted average number of common
  and common equivalent shares:

Weighted average common
  shares outstanding                    2,373,993       2,414,278       2,340,423       2,412,082

Shares issued from assumed
  exercise of common stock
  equivalents(1)                          131,843          70,417         158,842          88,130
                                       ----------      ----------      ----------      ----------

Weighted average number of
  common and common equivalent
  shares outstanding                    2,505,836       2,484,695       2,499,265       2,500,212
                                       ==========      ==========      ==========      ==========

Earnings per share:
         Basic                         $      .20      $      .25      $      .68      $      .61
                                       ==========      ==========      ==========      ==========

         Diluted                       $      .19      $      .24      $      .64      $      .59
                                       ==========      ==========      ==========      ==========
</TABLE>


(1)      Shares issued from assumed exercise of stock options.
Exhibit 32.2  CFO Certification

CERTIFICATION

PURSUANT TO SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002 
(18 U.S.C. 1350)

In connection with the quarterly report of Electronic Systems Technology Inc. (the "Company") on Form 10-Q for the quarter ended March 31, 2011 as filed with the Securities and Exchange Commission on the date hereof (the "Report"), I, Jon Correio, 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/ JON CORREIO

Jon Correio                                                                        
Chief Financial Officer                                                               
Date: May 11, 2011



This certification is being furnished to the Securities and Exchange Commission as an exhibit to the Annual Report and shall not be deemed filed by the Company for purposes of § 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.



A signed original of this written statement has been provided to the Registrant and will be retained by the Registrant to be furnished to the Securities and Exchange Commission or its staff upon request.
IN THE COMMONWEALTH COURT OF PENNSYLVANIA

Joel Allen :

:

v. : No. 1253 C.D. 2017

:

City of Philadelphia and Lt. Daniel :

McCann, :

Appellants :

O R D E R

NOW, June 3, 2019

, having considered appell ee’ s application for

reargument and appell ants ’ answer in response thereto , the application is denied.

MARY HANNAH LEAVITT,

P resident Judge
63 0 FEB 

ARIZONA DEPARTMENT OF ENVIRON 

FIFE SYMINGTON. GOVERNOR 

EDWARD 2. FOX. DIRECTOR 

February 3, 1992 

Daniel McGovern 

Regional Administrator 

U. S. Environmental Protection Agency 

75 Hawthorne Street 

San Francisco, California 94105 

RE: SUBMITTAL OF HAYDEN/MIAMI AND PAUL SPUR STATE IMPLEMENTATION 

PLAN REVISIONS 

Dear Mr. 

Vnd 

Consistent with the provisions of A.R.S. 5 49-424.A. (copy 

enclosed), 40 CFR 51.40 and 40 CFR 51.103, the Arizona Department 

of Environmental Quality (ADEQ) submitted to the U.S. Environmental 

Protection Agency, as revisions to the State Implementation Plan 

(SIP), five copies each of the Hayden/Miami Nonattainment Area Plan 

on October 16, 1989 and of the Paul Spur Nonattainment Area Plan 

; .. on June 25, 1990. ADEQ is requesting that EPA consider these 

submittals as meeting the November 15, 1991, PMIO SIP submittal 

deadline. All information necessary for processing these 

submittals was included with the original transmittals. 

In response to your recent request, addenda to the Hayden/Miami and 

Paul Spur NAA plans are also enclosed. These addenda identify 

which EPA Reasonably Available Control Measures are unnecessary to 

reach attainment, which measures cannot be reasonably implemented, 

and which measures are required by the SIP for each area. 

If you require additisnal infornation, please contact Xaney Wrona, 

Assistant Director for Air Quality, at (602) 257-2308 or Ira 

Domsky, Manager of the Air Quality Planning Section, at (602) 257- 

2321. 

Thank you for your consideration in this important matter. 

Enclosures 

The Department of Environmental Quality is An Equal Opportunity Afirmative Action Employer. 

Post Office Box 600 Phoenix, Arizona 85001-0600 

Recycled Paper
```

[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[S. 3122 Introduced in Senate (IS)]

112th CONGRESS
  2d Session
                                S. 3122

To extend the temporary suspension of duty on modacrylic staple fibers 
  containing 35 percent or more but not over 85 percent by weight of 
  acrylonitrile units and 2 percent or more but not over 3 percent of 
 water, not pigmented (ecru), crimped, with an average decitex of 1.9 
(plus or minus 10 percent) and fiber length of 51 mm (plus or minus 10 
                               percent).

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                              May 10, 2012

  Mrs. Hagan introduced the following bill; which was read twice and 
                  referred to the Committee on Finance

_______________________________________________________________________

                                 A BILL

 
To extend the temporary suspension of duty on modacrylic staple fibers 
  containing 35 percent or more but not over 85 percent by weight of 
  acrylonitrile units and 2 percent or more but not over 3 percent of 
 water, not pigmented (ecru), crimped, with an average decitex of 1.9 
(plus or minus 10 percent) and fiber length of 51 mm (plus or minus 10 
                               percent).

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. MODACRYLIC STAPLE FIBERS CONTAINING 35 PERCENT OR MORE BUT 
              NOT OVER 85 PERCENT BY WEIGHT OF ACRYLONITRILE UNITS AND 
              2 PERCENT OR MORE BUT NOT OVER 3 PERCENT OF WATER, NOT 
              PIGMENTED (ECRU), CRIMPED, WITH AN AVERAGE DECITEX OF 1.9 
              (PLUS OR MINUS 10 PERCENT) AND FIBER LENGTH OF 51 MM 
              (PLUS OR MINUS 10 PERCENT).

    (a) In General.--Heading 9902.40.05 of the Harmonized Tariff 
Schedule of the United States (relating to modacrylic staple fibers 
containing 35 percent or more but not over 85 percent by weight of 
acrylonitrile units and 2 percent or more but not over 3 percent of 
water, not pigmented (ecru), crimped, with an average decitex of 1.9 
(plus or minus 10 percent) and fiber length of 51 mm (plus or minus 10 
percent)) is amended by striking the date in the effective period 
column and inserting ``12/31/2015''.
    (b) Effective Date.--The amendment made by subsection (a) applies 
to goods entered, or withdrawn from warehouse for consumption, on or 
after the 15th day after the date of the enactment of this Act.
                                 <all>
```