alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
<PAGE>

                                      EXHIBIT XI
                               U.S.B. HOLDING CO., INC.
                          COMPUTATION OF EARNINGS PER SHARE

                  FOR THE THREE AND SIX MONTHS ENDED JUNE 30, 1997
                  ------------------------------------------------

<TABLE>
<CAPTION>
                                                           THREE MONTHS ENDED          SIX MONTHS ENDED
                                                              JUNE 30, 1997              JUNE 30, 1997
                                                              -------------              -------------
                                                      (000'S, EXCEPT SHARE DATA)    (000'S, EXCEPT SHARE DATA)
<S>                                                             <C>                         <C>
Weighted average number of common
   shares outstanding                                           6,198,191                   6,192,778

Assuming exercise of options reduced by
   the number of shares which could have
   been purchased with the proceeds from
   exercise of such options                                       548,484                     508,995
                                                                ---------                   ---------

Weighted average common and common
   equivalent shares                                            6,746,675                   6,701,773
                                                                ---------                   ---------
                                                                ---------                   ---------

Net income                                                      $   2,500                   $   4,832

Less:  Preferred stock dividend requirements                           --                          34
                                                                ---------                   ---------

Net income available to common shareholders                     $   2,500                   $   4,798
                                                                ---------                   ---------
                                                                ---------                   ---------

Net income per common and
   common equivalent share                                      $    0.37                   $    0.72
                                                                ---------                   ---------
                                                                ---------                   ---------
</TABLE>
<PAGE>

                                                               Exhibit 32(b)



                             TXU US Holdings Company
                       Certificate Pursuant to Section 906
                         of Sarbanes - Oxley Act of 2002
                              CERTIFICATION OF CFO


         The undersigned, H. Dan Farell, Chief Financial Officer of TXU US
Holdings Company (the "Company"), DOES HEREBY CERTIFY that:

     1.  The Company's Quarterly Report on Form 10-Q for the period ended March
         31, 2004 (the "Report") fully complies with the requirements of section
         13(a) or 15(d) of the Securities Exchange Act of 1934, as amended; 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 caused this instrument to be
executed this 14th day of May, 2004.







                                            /s/ H. Dan Farell
                                       ----------------------------------------
                                       Name:    H. Dan Farell
                                       Title:   Chief Financial Officer







A signed original of this written statement required by Section 906 has been
provided to TXU US Holdings Company and will be retained by TXU US Holdings
Company and furnished to the Securities and Exchange Commission or its staff
upon request.
Subject: Fwd: FaceTime bug 

From: "Kurt Knight" <kknight@apple.com> 

Received(Date): Thu, 17 Apr 2014 01:52:06 +0000 

To: "Deidre Caldbeck" <deidre@apple.com> 

Date: Thu, 17 Apr 2014 01:52:06 +0000 

fyi 

Begin forwarded message:

From: Greg Joswiak <joz@apple.com>

Subject: Re: FaceTime bug

Date: April 16, 2014 at 6:32:13 PM PDT

To: Trudy Muller <tmuller@apple.com>

Cc: Kurt Knight <kknight@apple.com>, Teresa Brewer <tbrewer@apple.com>

Fixing without a statement is great if we can get away with it.

Thanks,

Joz

On Apr 16, 2014, at 6:31 PM, Trudy Muller <tmuller@apple.com> wrote:

Is it this one? We fixed without a statement. 

Begin forwarded message:

From: Kurt Knight <kknight@apple.com>

Date: October 14, 2013 at 8:25:57 AM PDT

To: Greg Joswiak <joz@apple.com>

Cc: Trudy Muller <tmuller@apple.com>, Deidre Caldbeck <dcaldbeck@apple.com>

Subject: Re: FaceTime bug

Fix made it into Taos.

Waiting for an update if there will also be a separate tool that AppleCare can use to fix the issue 

w/o requiring a software update.

Kurt

HIGHLY CONFIDENTIAL - ATTORNEYS' EYES ONLY APL-GRACE_00014721

Case 5:17-cv-00551-LHK Document 285-59 Filed 10/18/18 Page 1 of 2
On Oct 14, 2013, at 7:52 AM, Greg Joswiak <joz@apple.com> wrote:

Is there any update on this?

Thanks,

Joz

On Oct 11, 2013, at 12:53 PM, Kurt Knight <kknight@apple.com> wrote:

Update on the FaceTime bug I mentioned earlier this morning.

There is a bug with how FaceTime deals with certificates that causes FaceTime to not work for 

devices that were activated three years ago or longer.

We are working on getting a fix into Taos today for iPhone 4 and iPad 2. FaceTime isn’t 

supported prior to these devices so older devices are not supported. Have some time before 

newer devices are impacted so we are reducing risk and putting a fix for them into Sochi.

Had originally thought this might impact Game Center bug have now confirmed that this does 

not. Surveying system to confirm that FaceTime is the only impact of this bug.

Also investigating a tool that can be used by AppleCare and Retail Geniuses to fix this issue 

without updating to iOS 7.

Only workaround right now is to move to a new device or erase all contents and settings and 

not restore from backup, which fixes the issue for another three years. If you restore your 

backup to a new device and then restore back to your original device that also similarly fixes 

the issue.

Kurt

HIGHLY CONFIDENTIAL - ATTORNEYS' EYES ONLY APL-GRACE_00014722

Case 5:17-cv-00551-LHK Document 285-59 Filed 10/18/18 Page 2 of 2
<PAGE>
                                                                 Exhibit 10.44.1

                                  June 3, 2003


Mr. Pierre Monahan
184, Deschamps
Repentigny, Quebec
J6A 2X9

Dear Pierre:

         As a result of the recent Pension Integration for all Canadian Salaried
Personnel, there is a need to amend your offer letter and employment agreement.
The first paragraph of the section titled "Retirement Plan, Welfare Plans and
Other Benefits" of your offer letter dated July 19, 2001, is hereby amended as
follows (changes are italicized):

         "As of the Effective Date, you would be eligible to participate in the
retirement plan and benefit plans provided by Bowater Canada Division to
similarly situated executive employees, in effect and as modified from time to
time. For benefits administration purposes, your entire service with AFP and its
predecessor would be recognized. Your retirement benefits would be computed
based upon the present terms of the AFP supplemental plan for all credited
service earned through December 31, 2002. For all credited service earned after
January 1, 2003, your retirement benefits would be computed in accordance with
the new provisions described in a memorandum dated February 10, 2003, entitled
"Pension Plan Redesign" except that the entire amount of the annual incentive
awards you receive would continue to be treated as pensionable income for all
credited service under the applicable supplemental plan."

         Similarly, Section 5(d) of your employment agreement dated September
24, 2001, is hereby amended as follows (changes are italicized):

         "Retirement Benefits. The Executive's retirement benefits shall be
computed based upon the terms of the AFP supplemental pension plan as in effect
on the date hereof for all credited service earned through December 31, 2002.
For all credited service earned after January 1, 2003 retirement benefits would
be computed in accordance with the new provisions described in a memorandum
dated February 10, 2003, entitled "Pension Plan Redesign" except that the entire
amount of the annual incentive awards would continue to be treated as
pensionable income for all credited service under the applicable supplemental
plan."

         Would you please signify your agreement to these amendments by
returning a signed copy of this letter to Carol Hinton in the Greenville office
at your earliest convenience.

                                                     Best regards,


                                                     /s/ James T. Wright

cc: Ms. Carol Hinton, Assistant General Counsel


ACCEPTED AND AGREED TO BY:
--------------------------


/s/ Pierre Monahan                         June 10, 2003
-----------------------------              -------------------------------------
             (name)                            (date)
```
[Federal Register Volume 60, Number 81 (Thursday, April 27, 1995)]
[Notices]
[Page 20739]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-10344]

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

DEPARTMENT OF THE INTERIOR
[AZ-930-1430-01, AR-035844]

Application Cancellation, Mohave and Yuma Counties, Arizona

AGENCY: Bureau of Land Management, Interior.

ACTION: Notice.

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

SUMMARY: By decision dated July 20, 1994, the Department of the Army, 
Corps of Engineers' application number AR-035844 to withdraw an 
additional 3,488.62 acres of public land for the Alamo Lake Flood 
Control Project was denied. The decision was based on the finding that 
there was not sufficient need or justification to withdraw additional 
lands for project purposes and that any future needs could be otherwise 
authorized.
    Additionally, under Title I of Pub. L. 101-628, (Arizona Desert 
Wilderness Act), approximately 1,120.00 acres of the Arrastra Mountain 
and Rawhide Mountains Wilderness Areas overlapped the applied for land. 
Designation of the Arrastra Mountain and Rawhide Mountains Wilderness 
Areas satisfied the withdrawal need on the subject land and therefore 
negated the need for an additional withdrawal.
    The segregative effect resulting with the filing of withdrawal 
application AR-035844 terminated by statute on October 20, 1991. Based 
upon the State Director's recommendation and decision and upon 
publication in the Federal Register, application AR-035844 is cancelled 
and closed on the Bureau of Land Management records.

FOR FURTHER INFORMATION CONTACT: John Mezes, BLM Arizona State Office, 
P.O. Box 16563, Phoenix, Arizona 85011, (602) 650-0518.

    Dated: April 17, 1995.
Herman L. Kast,
Deputy State Director, Resource Planning, Use & Protection Division.
[FR Doc. 95-10344 Filed 4-26-95; 8:45 am]
BILLING CODE 4310-32-P
```
“PIHE ~T’BY0 Y GENE 

Honorable Doug Crouch 

District Attorney 

Tarrant County Courthouse 

Fort Worth, Texas 

Dear Mr. Crouch: 

Opinion NO. c-716 

Re: Whether a person granted 

g 

robation pursuant to Section 

of Article 42.12, Vernon's 

Code of Criminal Procedure 

Adult Probation and Parole 

L w), may be required to pay 

court costs and the cost8 of 

a court appointed attorney as 

a part of the terms of probation. 

This is in answer to your requeet for an opinion on the 

above captioned matter. 

Section 6 of Article 42.12 of Vernon's Code of Criminal 

Procedure, (Adult Probation and Parole Law) provides In part: 

II .Terms and conditions of probation 

& Include, but shell not be limited 

to the conditions that the probationer 

shall: 

"h. Pay his fine, If one be assessed, and 

all court caste whether a fine be aesesaed 

or not, in one or several sums, and make 

restitution or reparation in any sum that 

the court shall determine; and. . ." 

Authority granted by the above quoted section of Article 

42.12, is sufficiently broad 80 as to authorize a court to 

require that court costs be paid as a condition for probation. 

Such procedure has been, in effect, approved by the 

Supreme Court of the United States in Rinaldl v. Yeager, 

U.S. (decided May 31, 1966). There Is no constitutis 

objem to taxing court costs against a probationer since 

all convicted defendants are likewise liable for all court 

costs assessed against them as provided in Vernon's Code of 

Criminal Procedure. 

-3456- 
Honorable Doug Crouch, page 2 (c-716) 

In addition to inquiring into the legality of requiring . . _ 

sucn payment you nave lnqulrea into the mechanics of collecting 

and disbursing the same. The legislature having set forth 

no particular rule as to this procedure we believe that this 

is a matter for each jurisdiction to handle in such a manner 

as is deemed practical in the light of local conditions. 

In connection herewith, your attention is invited to 

Kamisar and Choper, The Right to Counsel in Minnesota: Some 

Field Findin 

8 

s and Legal-Policy Observation, 48 Minn. L. 

Rev. 1, 23-2 , indicating that an agreement for weekly or 

periodic payment of installments would be acceptable and 

customary. 

Your question relating to payment of costs of a court 

appointed attorney by a person placed on 

answered previously in our Opinion No. C- % 

robation, has been 

54, a copy of which 

is enclosed herewith. 

------- SUMMARY 

A person granted probation pursuant to Section 

6 of Article 42.12 Vernon's Code of Criminal 

Procedure, (Adult Probation and Parole Law) 

may be required to pay court costs as a part 

of the terms of probation. 

Yours very truly, 

WAGGONER CARR 

Attorney General of Texas 

SK/lb 

APPROVED: 

OPINION COMMITTEE: 

W. V. Geppert, Chairman 

Lonny Zwiener 

John Banks 

Gilbert Pena 

APPROVED FOR THE ATTORNEY GENERAL: 

By: T. B. Wright 

-3457-
# L_2018238EN.01008701.xml

| 21.9.2018 | EN | Official Journal of the European Union | L 238/87 |
| --- | --- | --- | --- |

21.9.2018

EN

Official Journal of the European Union

L 238/87

---

COUNCIL DECISION (EU) 2018/1270

of 18 September 2018

appointing a member, proposed by the Republic of Lithuania, of the Committee of the Regions

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular Article 305 thereof,

Having regard to the proposal of the Lithuanian Government,

Whereas:

| (1) | On 26 January 2015, 5 February 2015 and 23 June 2015, the Council adopted Decisions (EU) 2015/116 (1), (EU) 2015/190 (2) and (EU) 2015/994 (3) appointing the members and alternate members of the Committee of the Regions for the period from 26 January 2015 to 25 January 2020. |
| --- | --- |

(1)

On 26 January 2015, 5 February 2015 and 23 June 2015, the Council adopted Decisions (EU) 2015/116 (1), (EU) 2015/190 (2) and (EU) 2015/994 (3) appointing the members and alternate members of the Committee of the Regions for the period from 26 January 2015 to 25 January 2020.

| (2) | A member's seat on the Committee of the Regions has become vacant following the end of the term of office of Mr Andrius KUPČINSKAS, |
| --- | --- |

(2)

A member's seat on the Committee of the Regions has become vacant following the end of the term of office of Mr Andrius KUPČINSKAS,

HAS ADOPTED THIS DECISION:

Article 1

The following is hereby appointed as a member of the Committee of the Regions for the remainder of the current term of office, which runs until 25 January 2020:

| — | Mr Vytenis TOMKUS, Member of Kaišiadorys District Municipal Council. |
| --- | --- |

—

Mr Vytenis TOMKUS, Member of Kaišiadorys District Municipal Council.

Article 2

This Decision shall enter into force on the date of its adoption.

Done at Brussels, 18 September 2018.

For the Council

The President

G. BLÜMEL

---

(1)  Council Decision (EU) 2015/116 of 26 January 2015 appointing the members and alternate members of the Committee of the Regions for the period from 26 January 2015 to 25 January 2020 (OJ L 20, 27.1.2015, p. 42).

1

(2)  Council Decision (EU) 2015/190 of 5 February 2015 appointing the members and alternate members of the Committee of the Regions for the period from 26 January 2015 to 25 January 2020 (OJ L 31, 7.2.2015, p. 25).

2

(3)  Council Decision (EU) 2015/994 of 23 June 2015 appointing the members and alternate members of the Committee of the Regions for the period from 26 January 2015 to 25 January 2020 (OJ L 159, 25.6.2015, p. 70).

3

---
* Pursuant to 5TH CIR. 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 5TH CIR. R. 47.5.4.

UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

____________________

No. 98-20060

Summary Calendar

____________________

UNITED STATES OF AMERICA,

Plaintiff-Appellee,

versus

FRANCISCO MENDOZA-MORA, also known as Francisco Mendoza, also

known as Francisco Mora, also known as Santiago Romero,

Defendant-Appellant.

_________________________________________________________________

Appeal from the United States District Court,

for the Southern District of Texas

(4:97-CR-218)

_________________________________________________________________

September 16, 1998

Before KING, BARKSDALE, and STEWART, Circuit Judges.

PER CURIAM:*

Francisco Mendoza-Mora (“Mendoza”), a previously deported

Mexican national, challenges his guilty-plea conviction for illegal

reentry into the United States, in violation of 8 U.S.C. § 1326.

He contends that the district court’s failure to comply with FED.

R. CRIM. P. 11(d) (inquiry whether plea product of force or threats)

requires that his conviction be vacated.
2

Violations of Rule 11 are reviewed for harmless error. FED.

R. CRIM. P. 11(h); United States v. Johnson, 1 F.3d 296, 301-03

(5th Cir. 1993) (en banc). We do so even where, as here, no

objection was raised in the district court. See United States v.

Reyna, 130 F.3d 104, 107 n. 2 (5th Cir. 1997), cert. denied, 118 S.

Ct. 1328 (1998).

It is undisputed that the district court failed to inquire

whether Mendoza’s plea was the product of force or threats, as Rule

11(d) requires. However, Johnson requires for reversal that a Rule

11 violation be “a material factor affecting [defendant]’s decision

to plead guilty”. 1 F.3d at 302 (internal quotation marks and

citation omitted). Mendoza does not state that his plea was the

product of threats or force or that he would have pled differently

had a proper Rule 11 colloquy taken place. Absent even such

minimal counter-assertion now, Mendoza’s statements at the plea

hearing that he wanted to plead guilty; that there existed no

“promise ... of any kind” inducing the plea; and that the

underlying facts of the indictment were true, compel the conclusion

that, had Rule 11(d) been followed, Mendoza would still have pled

guilty. Therefore, under Johnson, the district court’s variance

from Rule 11 procedures is harmless error.

AFFIRMED
Exhibit 31.2





CERTIFICATION





I, Don Sproat, certify that:





1. I have reviewed this amended annual report on Form 10-K /A of iMedicor, Inc. for the year ended June 30, 2014;





2. Based on my knowledge, this 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 report;





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





4. As The issuer's certifying officer I am responsible for establishing and maintaining disclosure controls and procedures (as defined in Exchange Act Rules 13a-15(e) and 15d-15(e)) for the issuer and have:





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





b. designed such internal control over financial reporting, or caused such control over financial reporting to assurance regarding the reliability of financial reporting and the preparation of financial statements for external purposes in accordance with generally accepted accounting principles;





c. evaluated the effectiveness of the registrant’s disclosure controls and procedures and presented in this 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 (the “Evaluation Date”); and





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





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 issuer'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 issuer's internal control over financial reporting.





6. As the registrant’s certifying officer I have indicated in this year-end report whether there were significant changes in internal controls or in other factors that could significantly affect internal controls subsequent to the date of our most recent evaluation, including any corrective actions with regard to significant deficiencies and material weaknesses.








/s/ Don Sproat


Don Sproat


Chief Financial Officer


Date: April 13, 2016