alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
Exhibit 10.1


 


SINGER CHILDREN’S MANAGEMENT TRUST


c/o 212 Vaccaro Drive Cresskill, NJ 07626


 


December 11, 2009


 


VIA FEDERAL EXPRESS AND EMAIL


Evolving
Systems, Inc.


9777
Pyramid Court, Suite 100


Englewood, CO 80112


 


Attention:                                         Mr. Thad
Dupper, President and


Chief
Executive Officer


 


Gentlemen/Ladies:


 


As
Trustee of the Singer Children’s Management Trust (the “Trust”), the
undersigned is writing about the Trust’s investment in Evolving Systems, Inc.
(the “Company”). Specifically, the Trust is providing formal notice of the
following matters:


 


Based
upon discussions with Mr. Philip Neches, Chairman of the Company’s
Nominating and Governance Committee (the “Committee”), the Trust understands
that the Committee has interviewed Mr. John Spirtos as a candidate to fill
the vacancy on the Board of Directors resulting from Mr. Hallenbeck’s
recent resignation and has recommended Mr. Spirtos for appointment. We
further understand that the Board of Directors appointed Mr. Spirtos to
the Board of Directors on December 10, 2009, with a term of office that
will expire at the Annual Stockholders’ Meeting in 2012. We have reviewed Mr. Spirtos’
qualifications and support his appointment.


 


As
a general matter, as a significant Company stockholder the Trust favors good
governance practices. The Trust retains the option to engage in ongoing
communications with the Company regarding stockholder protections and reforms.


 


Furthermore, we understand that on December 10, 2009, the Board of
Directors adopted appropriate resolutions amending the Company’s Rights
Agreement, dated as of March 4, 2009, so that the threshold at which a
person becomes an “Acquiring Person” under the Rights Agreement is increased
from 22.5% to 25%. In consideration of that amendment, the Trust agrees that it will vote its shares in favor
of the re-election of Messrs. Philip Neches and Richard Ramlall (whose
terms expire in 2010) to the Board of Directors of the Company, if such persons
choose to run for


 

















 


re~election at the Company’s 2010 annual meeting of stockholders,
and it will not seek or otherwise support additional stockholder protections or
reforms at the 2010 annual stockholders meeting.


 


	
   

  	
  Very truly yours,

  
	
   

  	
   

  
	
   

  	
  SINGER CHILDREN’S MANAGEMENT

  
	
   

  	
  TRUST

  
	
   

  	
   

  
	
   

  	
   

  
	
   

  	
  /s/ Karen Singer

  
	
   

  	
  By: Karen Singer, Trustee

  



 


2
#### John P. Gkanios, an Infant, by Maria Gkanios, His Mother and Natural Guardian, et al., Appellants, v Marian *369Siembab et al., Respondents.

In a negligence action to recover damages for personal injuries, etc., the plaintiffs appeal from an order of the Supreme Court, Westchester County (Cerrato, J.), entered March 22, 1984, which granted the defendants’ motion to change venue from Bronx County to Westchester County.

Order, affirmed, with costs.

Under all of the circumstances, Special Term did not abuse its discretion in granting defendants’ motion to change the venue of the instant action from Bronx County to Westchester County *(Slavin v Whispell,*5 AD2d 296; *Seabrook v Good Samaratin Hosp.,*58 AD2d 538; *Ray v Beauter,*90 AD2d 988; *Jacobson v Leaseway of E. N. Y.,*107 AD2d 798; *Hurlbut v Whalen,*58 AD2d 311, 315-316). Mollen, P. J., Mangano, Gibbons and Bracken, JJ., concur.
# C_2019172EN.01001401.xml

| 20.5.2019 | EN | Official Journal of the European Union | C 172/14 |
| --- | --- | --- | --- |

20.5.2019

EN

Official Journal of the European Union

C 172/14

---

Request for a preliminary ruling from the Oberster Gerichtshof (Austria) lodged on 20 February 2019 — Pensionsversicherungsanstalt v CW

(Case C-135/19)

(2019/C 172/17)

Language of the case: German

Referring court

Oberster Gerichtshof

Parties to the main proceedings

Appellant on a point of law: Pensionsversicherungsanstalt

Respondent in the appeal on a point of law: CW

Questions referred

| 1. | Pursuant to the provisions of Regulation (EC) No 883/2004 of the European Parliament and of the Council of 29 April 2004 on the coordination of social security systems, (1) is the Austrian rehabilitation allowance to be regarded






  — | as a sickness benefit pursuant to Article 3(1)(a) of the regulation, or |
| --- | --- | --- |

1.

Pursuant to the provisions of Regulation (EC) No 883/2004 of the European Parliament and of the Council of 29 April 2004 on the coordination of social security systems, (1) is the Austrian rehabilitation allowance to be regarded

—

as a sickness benefit pursuant to Article 3(1)(a) of the regulation, or

| — | as an invalidity benefit pursuant to Article 3(1)(c) of the regulation, or |
| --- | --- |

—

as an invalidity benefit pursuant to Article 3(1)(c) of the regulation, or

| — | as an unemployment benefit pursuant to Article 3(1)(h) of the regulation? |
| --- | --- |

—

as an unemployment benefit pursuant to Article 3(1)(h) of the regulation?

| 2. | In the light of primary law, is Regulation (EC) No 883/2004 to be interpreted as meaning that, as the former State of residence and State of employment, a Member State is obliged to pay benefits such as the Austrian rehabilitation allowance to a person who is resident in another Member State if that person completed the majority of the periods of insurance from the sickness and pension branches as an employee in that other Member State (after the transfer of residence to that country years previously) and has not since then received benefits from the health and pension insurance scheme of the former State of residence and employment? |
| --- | --- |

2.

In the light of primary law, is Regulation (EC) No 883/2004 to be interpreted as meaning that, as the former State of residence and State of employment, a Member State is obliged to pay benefits such as the Austrian rehabilitation allowance to a person who is resident in another Member State if that person completed the majority of the periods of insurance from the sickness and pension branches as an employee in that other Member State (after the transfer of residence to that country years previously) and has not since then received benefits from the health and pension insurance scheme of the former State of residence and employment?

---

(1)  OJ 2004 L 166, p. 1.

---
---

Exhibit 32.1

CERTIFICATION PURSUANT TO18 U.S.C. SECTION 1350,
AS ADOPTED PURSUANT TOSECTION 906 OF THE SARBANES-OXLEY ACT OF
2002

The undersigned, George Drazenovic, Chief Financial Officer of
Tornado Gold International Corporation (the Company), hereby certifies,
pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the
Sarbanes-Oxley Act of 2002, that:

|(1) | the annual report on Form 10-KSB of the Company for the
      year ended December 31, 2007 (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.                                                                

Dated: April 14, 2008

/s/ George Drazenovic
  George Drazenovic
  Chief Financial Officer
  (Principal Financial Officer and Principal Accounting Officer)

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 provided to Angstrom
Technologies Corp. and will be retained by Angstrom Technologies Corp. and
furnished to the Securities and Exchange Commission or its staff upon
request.

---
EXHIBIT 32.1

CERTIFICATION PURSUANT TO

18 U.S.C. §1350,

AS ADOPTED PURSUANT TO

SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

In connection with the Quarterly Report of Vascular Solutions, Inc. (the Company) on Form 10-Q for the quarterly period ended September 30, 2007, as filed with the Securities and Exchange Commission (the Report), I, Howard Root, Chief Executive Officer of the Company, certify to my knowledge, pursuant to 18 U.S.C. §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/ Howard RootHoward RootChief Executive OfficerOctober 19, 2007








---
Form of Annual Advisory Fee Termination - Kelso & Company, L.P.



 Exhibit 10.8b 
 Form of Annual Advisory Fee Termination 
 [KAR Auction Services, Inc. Letterhead]

 December [        ], 2009 
 Kelso & Company, L.P. 
 320
Park Avenue, 24th Floor 
 New York, New York 10022 
 Ladies and Gentlemen:

 Reference is made to the Financial Advisory Agreement (the “Advisory Agreement”), dated as of April 20,
2007 and attached hereto as Annex A, whereby KAR Auction Services, Inc. (formerly, KAR Holdings, Inc.) (the “Company”) agreed to retain you, Kelso & Company, L.P. (“Kelso”), and any of your affiliates or
designees, among other things, to provide consulting and advisory services to the Company commencing on the date thereof for a term ending on the date on which Kelso and its affiliates (including Axle Holdings II, LLC) cease to own, directly or
indirectly, any equity interests of the Company. 
 In connection with the settlement of the initial public offering (the
“Offering”) of [23,000,000] shares of the Company’s common stock, par value $0.01 per share, on the date hereof, the Company and Kelso hereby agree that the annual advisory fee (the “Annual Advisory Fee”)
described in the Advisory Agreement [and the obligations of Kelso to provide services under the Advisory Agreement shall, in each case,] be terminated, effective upon payment referenced in the following sentence. In consideration for the termination
of the Annual Advisory Fee, the Company agrees to pay Kelso a one-time fee of $3,947,988.96 concurrent with the settlement of the Offering. 
 All other obligations of the Company set forth in the Advisory Agreement shall survive the termination of the Annual Advisory Fee. 
 This letter agreement shall be governed by the laws of the State of New York. 
 [Remainder of the page intentionally left blank] 







 If you are in agreement with the foregoing, kindly so indicate by signing a counterpart of
this letter, whereupon it will become a binding agreement between us. 
  

			
	Very truly yours,
	
	KAR AUCTION SERVICES, INC.
		
	By:	 	  

		 	Name:
		 	Title:


 Agreed and accepted: 
 KELSO & COMPANY, L.P. 

	By:	Kelso & Companies, Inc., 


	 	its general partner 

  

					
		 	By:	 	  

		 		 	Name:
		 		 	Title:








 Annex A 
 Financial Advisory Agreement
================================================================================

                                                                    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 Oak Hill Financial, Inc. (the "Company")
on Form 10-K for the period  ending  December  31, 2003 as filed with the SEC on
the date hereof (the  "Report"),  I, R. E.  Coffman,  Jr.,  President  and Chief
Executive  Officer of the Company,  certify,  pursuant to 18 U.S.C. ss. 1350, as
adopted pursuant to 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) The  information  contained  in the  Report  fairly  presents,  in all
material  respects,  the  financial  condition  and result of  operations of the
Company.


/s/ R. E.  Coffman, Jr.

R. E. Coffman, Jr.
President and Chief Executive Officer
March 24, 2005


                                       81
II 

112TH CONGRESS 

1ST SESSION S. 822 

To amend the Internal Revenue Code of 1986 to require all wage withholding 

returns to be filed electronically. 

IN THE SENATE OF THE UNITED STATES 

APRIL 14, 2011 

Mr. COBURN (for himself and Mr. BENNET) introduced the following bill; 

which was read twice and referred to the Committee on Finance 

A BILL 

To amend the Internal Revenue Code of 1986 to require 

all wage withholding returns to be filed electronically. 

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

3 SECTION 1. REQUIRED ELECTRONIC FILING OF WAGE 

4 WITHHOLDING RETURNS. 

5 (a) IN GENERAL.—Paragraph (2) of section 6011(e) 

6 of the Internal Revenue Code of 1986 is amended— 

7 (1) by redesignating subparagraphs (A) and 

8 (B) as subparagraphs (B) and (C), respectively, 

9 (2) by inserting before subparagraph (B), as so 

10 redesignated, the following new subparagraph: 


smartinez on DSKB9S0YB1PROD with BILLS
2 

•S 822 IS

1 ‘‘(A) shall— 

2 ‘‘(i) require any person that is re3 quired to file a return containing informa4 tion described in section 6051(a) to file 

5 such return on magnetic media, and 

6 ‘‘(ii) provide for waiver of the require7 ments of clause (i) in the case of dem8 onstrated hardship for a person having 5 

9 or fewer employees,’’, and 

10 (3) by inserting ‘‘except as provided in subpara11 graph (A),’’ before ‘‘shall not require’’ in subpara12 graph (B), as so redesignated. 

13 (b) CONFORMING AMENDMENT.—Paragraph (4) of 

14 section 6011(e) of the Internal Revenue Code of 1986 is 

15 amended by striking ‘‘paragraph (2)(A)’’ and inserting 

16 ‘‘paragraph (2)(B)’’. 

17 (c) EFFECTIVE DATE.—The amendments made by 

18 this section shall apply to returns filed after December 31, 

19 2011. 

Æ 


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11 TH COURT OF APPEALS

EASTLAND

, TEXAS

JUDGMENT

Javier Casarez

, * From the 358 th District Court

of Ector County,

Trial Court No. D

- 45,463

.

Vs. No. 11

- 16

- 00201

- CR * December 8, 2016

T he State of Texas, * Per Curiam Memorandum Opinion

(Panel consists of: Wright, C.J.,

Willson, J. , and Bailey, J. )

This court has inspected the record in this cause and concludes that the

appeal should be dismissed. Therefore, in accordance with this court ’ s

opinion, the appeal is dismissed.
# C_2021098EN.01002001.xml

| 22.3.2021 | EN | Official Journal of the European Union | C 98/20 |
| --- | --- | --- | --- |

22.3.2021

EN

Official Journal of the European Union

C 98/20

---

Judgment of the General Court of 3 February 2021 — Boshab v Council

(Case T-111/19) (1)

(Common foreign and security policy - Restrictive measures adopted in view of the situation in the Democratic Republic of the Congo - Freezing of funds - Retention of the applicant’s name on the lists of persons covered - Obligation to state reasons - Right to be heard - Proof that inclusion and retention on the lists is well founded - Manifest error of assessment - Continuation of the factual and legal circumstances which led to the adoption of the restrictive measures - Right to private and family life - Right to property - Presumption of innocence - Proportionality - Plea of illegality)

(2021/C 98/20)

Language of the case: French

Parties

Applicant: Évariste Boshab (Kinshasa, Democratic Republic of the Congo) (represented by: T. Bontinck, P. De Wolf, A. Guillerme and T. Payan, lawyers)

Defendant: Council of the European Union (represented by: J.-P. Hix, H. Marcos Fraile, S. Van Overmeire and M.-C. Cadilhac, acting as Agents)

Re:

Application under Article 263 TFEU seeking annulment, first, of Council Decision (CFSP) 2018/1940 of 10 December 2018 amending Decision 2010/788/CFSP concerning restrictive measures against the Democratic Republic of the Congo (OJ 2018 L 134, p. 47) and, second, Council Implementing Regulation (EU) 2018/1931 of 10 December 2018 implementing Article 9 of Regulation (EC) No 1183/2005 imposing certain specific restrictive measures directed against persons acting in violation of the arms embargo with regard to the Democratic Republic of the Congo (OJ 2018 L 314, p. 1), in so far as those acts concern the applicant.

Operative part of the judgment

The Court:

| 1. | Dismisses the action; |
| --- | --- |

1.

Dismisses the action;

| 2. | Orders Mr Évariste Boshab to pay the costs. |
| --- | --- |

2.

Orders Mr Évariste Boshab to pay the costs.

---

(1)  OJ C 139, 15.4.2019.

---
Exhibit 21.1

SUBSIDIARIES OF REGISTRANT

SYNIVERSE HOLDINGS, INC.

SUBSIDIARIES OF REGISTRANT

AS OF
DECEMBER 31, 2006



|                                     |  |                                             
|------------------------------------ |  | --------------------------------------------
|SUBSIDIARY NAME                      |  | STATE OR OTHER JURISDICTION OF INCORPORATION
|Syniverse Technologies, Inc.         |  | Delaware                                    
|                                     | 
|Syniverse Technologies, BV           |  | Netherlands                                 
|                                     | 
|Perfect Profit International Limited |  | British Virgin Islands                      
|                                     | 
|Syniverse Brience, LLC               |  | Delaware                                    
|                                     | 
|Syniverse Holdings Limited           |  | United Kingdom                              
|                                     | 
|Syniverse Technologies Limited       |  | United Kingdom
II 

112TH CONGRESS 

1ST SESSION S. 888 

To amend the Wild and Scenic Rivers Act to designate a segment of Illabot 

Creek in Skagit County, Washington, as a component of the National 

Wild and Scenic Rivers System. 

IN THE SENATE OF THE UNITED STATES 

MAY 5, 2011 

Mrs. MURRAY (for herself and Ms. CANTWELL) introduced the following bill; 

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

A BILL 

To amend the Wild and Scenic Rivers Act to designate 

a segment of Illabot Creek in Skagit County, Washington, as a component of the National Wild and Scenic 

Rivers System. 

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

3 SECTION 1. DESIGNATION OF WILD AND SCENIC RIVER 

4 SEGMENTS. 

5 Section 3(a) of the Wild and Scenic Rivers Act (16 

6 U.S.C. 1274(a)) is amended by adding at the end the fol7 lowing: 

8 ‘‘(208) ILLABOT CREEK, WASHINGTON.— 


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2 

•S 888 IS

1 ‘‘(A) The 14.3-mile segment from the 

2 headwaters of Illabot Creek to the northern ter3 minus as generally depicted on the map titled 

4 ‘Illabot Creek Proposed WSR–Northern Ter5 minus’, dated September 15, 2009, to be ad6 ministered by the Secretary of Agriculture as 

7 follows: 

8 ‘‘(i) The 4.3-mile segment from the 

9 headwaters of Illabot Creek to the bound10 ary of Glacier Peak Wilderness Area as a 

11 wild river. 

12 ‘‘(ii) The 10-mile segment from the 

13 boundary of Glacier Peak Wilderness to 

14 the northern terminus as generally de15 picted on the map titled ‘Illabot Creek 

16 Proposed WSR–Northern Terminus’, dated 

17 September 15, 2009, as a recreational 

18 river. 

19 ‘‘(B) Action required to be taken under 

20 subsection (d)(1) for the river segments des21 ignated under this paragraph shall be com22 pleted through revision of the Skagit Wild and 

23 Scenic River comprehensive management 

24 plan.’’. 

Æ 


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Order Entered Ju ly 12 , 2016 

# S

In The



## Court of Appeals

Fifth District of Texas at Dallas

No. 05

- 16

- 0 0 737

- CV

IN RE BETTIE PRIESTER AND JOHN PRIESTER, JR. , Relator s

Original Proceeding from the 429th Judicial District Court

Collin County, Texas

Trial Court Cause No. 429

- 04751

- 2014



### ORDER

Before Justices Bridges, Myers, and Schenck

Based on the Court’s opinion of this date, we DENY the petition for writ of mandamus.

/s/ DAVID BRIDGES

JUSTICE
---

CERTIFICATION PURSUANT TO18 U.S.C. SECTION 1350, 
  AS ADOPTED PURSUANT TOSECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

In connection with the Quarterly Report of New Jersey Mining
  Company, (the "Company") on Form 10-QSB for the period ending June 30, 2005,
  as filed with the Securities and Exchange Commission on the date hereof (the
  "Report"), I, Fred W. Brackebusch, President, Treasurer and Director of New
  Jersey Mining 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.

Date: August 12, 2005

By /s/ FRED W. BRACKEBUSCH 
  Fred W. Brackebusch, President, Treasurer, & Director

[The balance of this page has been intentionally left blank.]

---