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



Exhibit 4.5



[FORM OF SECURITY]



No. ________    $_____
[  ̃ ]% Senior Secured Note due 2027
CUSIP No. _____
ISIN No.  _____
Bloom Energy Corporation, a Delaware corporation (the “Issuer”), promises to pay to
[Cede & Co.] [    ], or its registered assigns, the principal sum [of    Dollars]  
[listed on the Schedule of Increases or Decreases in Global Security attached hereto]1 on or before March 31, 2027 as set forth in this Security.
Payment Dates: March 31, June 30, September 30 and December 31 (each, a “Payment Date”)
Record Dates: March 15, June 15, September 15 and December 15 (each, a “Record Date”)
Additional provisions of this Security are set forth on the following pages of this Security.



1 Use the Schedule of Increases or Decreases language if Security is in Global Form.
A-3



IN WITNESS WHEREOF, the undersigned has caused this Instrument to be duly executed.
BLOOM ENERGY CORPORATION
By: ___________________________
Name:
Title:



A-4



TRUSTEE’S CERTIFICATE  
OF AUTHENTICATION
U.S. BANK NATIONAL ASSOCIATION,
as Trustee, certifies that this is
one of the Securities
referred to in the within-mentioned Indenture.
		
	By: ___________________________
	 Authorized Signatory


Date:     
A-5
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Consent of Independent Auditors
                             
      We consent to the incorporation by reference in:  (i)
the  Registration Statement Number 33-21598  on  Form  S-8,
(ii) the Registration Statement Number 33-49040 on Form S-8
and  (iii)  the Registration Statement Number  33-64110  on
Form  S-8  pertaining  to the 1987  Stock  Option  Plan  of
Electrosource, Inc.; (i) the Registration Statement  Number
33-22223  on  Form  S-8,  (ii) the  Registration  Statement
Number   33-35856  on  Form  S-8,  (iii)  the  Registration
Statement  Number  33-49042  on  Form  S-8  and  (iv)   the
Registration  Statement  Number  33-64108   on   Form   S-8
pertaining  to the 1988 Non-Employee Director Stock  Option
Plan  of  Electrosource,  Inc.; the Registration  Statement
Number  33-65386 on Form S-8 pertaining to  the  1993  Non-
Employee  Consultant  Stock Option Plan  of  Electrosource,
Inc.; the Registration Statement Number 33-63363 on Form S-
8   pertaining   to   the  1994  Stock   Option   Plan   of
Electrosource, Inc.; the Registration Statement  (Amendment
Number   2  to  Form  S-3  Number  33-63361)  and   related
Prospectus  for  the  registration  of  185,934  shares  of
Electrosource,   Inc.,  common  stock;   the   Registration
Statement   (Form   S-3  Number  333-04637)   and   related
Prospectus  for  the  registration  of  80,610  shares   of
Electrosource,   Inc.   common  stock;   the   Registration
Statement   (Form   S-3  Number  333-10715)   and   related
Prospectus  for  the  registration  of  1,231   shares   of
Electrosource,  Inc.,  common stock; and  the  Registration
Statement   (Form   S-3  Number  333-20103)   and   related
Prospectus  for  the  registration  of  160,000  shares  of
Electrosource,  Inc.,  common stock  of  our  report  dated
February 28, 1997, with respect to the financial statements
of  Electrosource, Inc., included in this Annual Report  on
Form 10-K for the year ended December 31, 1996.


                                         /s/
                                   ERNST & YOUNG LLP

Austin, Texas
March 24, 1997
Exhibit 99.2

CERTIFICATION PURSUANT TO 18 U.S.C. SECTION 1350,
AS ADOPTED PURSUANT TO SECTION 906 OF THE
SARBANES-OXLEY ACT OF 2002

Pursuant to Section 906 of the Sarbanes-Oxley Act of 2002 and in connection with the Quarterly Report on Form 10-Q of Caremark
Rx, Inc. (the "Corporation") for the period ended September 30, 2002, as filed with the Securities and Exchange Commission on the date hereof (the "Report"), the undersigned, the Chief
Financial Officer of the Corporation, certifies that:



|/s/ HOWARD A. MCLUREHoward A. McLure
Chief Financial Officer
November 8, 2002 |  | 
|----------------------------------------------------------------------------- |  | 

---

QuickLinks
#### The People of the State of New York, Respondent, v Edward E. Hickson, Appellant.

We have reviewed the record and agree with the defendant’s assigned counsel that there are no meritorious issues which could be raised on appeal. Counsel’s application for leave to withdraw as counsel is granted *(see, Anders v California,*386 US 738; *People v Paige,*54 AD2d 631; *cf. People v Gonzalez,*47 NY2d 606). Mollen, P. J., Bracken, Lawrence and Kooper, JJ., concur.
U.S. Department of the Interior

U.S. Geological Survey

Modeling Long Term Effecof HFEs on Trout and HBCCharles YackulicSouthwest Biological Science CenterGrand Canyon Monitoring and Research Ce
Humpback chub population dynam

CR LCR
Outline

 General patterns – a rough sketch Temperature / Trout / Recruitment A historical perspective of lambda
LCR – typical values based o

2009-2012 data

Yackulic, Yard, Korman and Van Ha
Colorado River – typical val

based on 2009-2012 data

Yackulic, Yard, Korman and Van Ha
LCR – typical values based 

2009-2012 data

Yackulic, Yard, Korman and Van Ha
Colorado River – typical val

based on 2009-2012 data

Yackulic, Yard, Korman and Van Ha
Outline

 General patterns – a rough sketch Temperature / Trout / Recruitment A historical perspective of lambda
Rainbow Trout Abundance in JCM reac

Juvenile Humpback Chub Survival

Comparison to annual estim

Preliminary Data Do Not Cite
Temperature - Celsius

Size transition rate (~growth)

Fitterelatbetwmontrans(~grojuvenand temptwo dRBT 

Preliminary D
Fitte

relatbetwmontran(~grlargsize and tem

Temperature - Celsius

Size transition rate (~growth)

Preliminary 
Backcasting

 Relationships I just showed based on 2009 – 20 How well do these relationships explain behav

between 1990 & 2009?

1990 Year 

1000

800

#RBT

(JCM)

200

0

Preliminary Da
Dots and error bars - Coggins and Walte

Red dotted line - model developed for LT

Back-casted predictions are reasonably close to ASMR estimates (keep in mind that ASMR is known to smooth trends).

Preliminary D
Outline

 General patterns – a rough sketch Temperature / Trout / Recruitment A historical perspective of lambda
The problem with time lags

Two scenarios that differ only in their stpopulation structure and the number of 
The problem with time lags

Current state (adult abundance) or trendo not necessarily reflect whether conditions are negative, positive or neu
Population growth rate (

λ

)

Preliminary 
Measured temperature

Estimated RBTRecruitment (July) – 22K

Preliminary 
Measured temperature

Estimated RBTRecruitment (July) – 14K, 22K, 30

Preliminary 
Preliminary 
Measured temperature

Estimated RBTRecruitment (July) – 22K

Preliminary 
Preliminary 
Trying to address title in Agen
Preliminary 
Five questions regarding RB

recruitment/flow and movem

 Is it the seasonality of HFE’s that matte

the amount of mouths already in the sy(or fish condition)?

 Does the magnitude of HFE’s matter? Is it the large discharge or steadiness 

associated with equalization that led to response, or both?
Five questions regarding RB

recruitment/flow and movem

 How are movement rates downstream 

affected by extrinsic (e.g., turbidity) anintrisic factors (e.g., fish condition)?

 Is their a tipping point where Marble Ca

begins to maintain a large self-sustainiRBT population?
Acknowledgements

 US Fish and Wildlife Service Near Shore Ecology Group NO/JCM crews Mike Yard , Josh Korman, Lew 

Coggins, Maria Dzul

 Glen Canyon Adaptive 

Management Group

 Bureau of Reclamation Navajo Nation Department of 

Fish and Wildlife

 National Park Service
TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

NO. 03-13-00216-CV

In re Combined Law Enforcement Associations of Texas and John Burpo

ORIGINAL PROCEEDING FROM TRAVIS COUNTY

M E M O R AN D U M O P I N I O N

Relatorsfiled a petition for writ of mandamus and an interlocutoryappeal challenging

the trial court’s denial of their motions to dismiss under the Texas Citizens Participation Act

(TCPA). See Tex. Civ. Prac. & Rem. Code § 27.001-.011. Relators’ mandamus petition recognized

the split of authority among the appellate courts about whether the TCPA permits interlocutory

appeals and observed that this Court had not determined the issue.

However, in Kinney v. BGB Attorney Search, Inc., No. 03-12-00579-CV, 2013 Tex.

App. LEXIS 10481, at *10-13 (Tex. App.—Austin Aug. 21, 2013, no pet. h.) (mem. op.), we

noted the recent legislative amendment clarifying the availability of an interlocutory appeal from

the denial of a motion to dismiss under the TCPA and determined that the amendment applies

retroactively to interlocutory appeals, like the one Relators brought here, filed before the

amendment’s effective date.

Because Relators have an adequate remedy by appeal, their petition for writ of

mandamus is denied. See Tex. R. App. P. 52.8(a). Relators’ interlocutory appeal, Combined Law
Enforcement Associations of Texas and JohnBurpo v. Mike Sheffield, No. 03-13-00105-CV, remains

pending.

__________________________________________

Jeff Rose, Justice

Before Chief Justice Jones, Justices Rose and Goodwin

Filed: August 29, 2013

2
Case 6:15-cv-02110-JO Document 21-1 Filed 01/27/17 Page 1of1 

Kathryn Tassinari, OSB # 80115 

Robert A. Baron, OSB # 89020 

HARDER, WELLS, BARON & MANNING, P.C. 

474 Willamette Street 

Eugene, OR 97401 

(541) 686-1969 

kathrynt50@comcast.net 

Of Attorneys for the Plaintiff 

IN THE UNITED ST A TES DISTRICT COURT 

FOR THE DISTRICT OF OREGON 

SAMO.BASS, 

Plaintiff, 

vs. 

COMMISSIONER, 

Social Security Administration , 

) 

) 

) 

) 

) 

) 

) 

) 

) 

~~~~~=--=~==~~~~ Defendant. ) 

Case No. 6:15-cv-02110-JO 

ORDER FOR PAYMENT OF ATTORNEY 

FEES PURSUANT TO EAJA 

Based upon the Stipulation of the parties, it is hereby ORDERED that attorney fees in the 

amount of $3,992.23 are hereby awarded to Plaintiff, pursuant to the Equal Access to Justice Act 

(EAJA), 28 U.S.C. § 2412. Payment of this award shall be paid via check made payable to 

Plaintiff and mailed to Plaintiff's attorneys at Harder, Wells, Baron & Manning, P.C., 474 

Willamette Street, Eugene, Oregon 97401. Pursuant to Astrue v. Ratliff, the award shall be made 

payable to Plaintiff's attorney if the commissioner confirms that Plaintiff owes no debt to the 

government through the federal treasury offset program. There are no costs or expenses to be 

paid herein. 

Dated this 

PRESENTED BY: 

s/ Kathryn Tassinari 

(_ 

36 day of January 2017. 

Harder, Wells, Baron & Manning, P.C. 

Of Attorneys for Plaintiff 

Case 6:15-cv-02110-JO Document 23 Filed 01/30/17 Page 1 of 1
ELLEN F. ROSENBLUM #753239 

Attorney General 

TIMOTHY D. SMITH #914374 

Assistant Attorney General 

Department of Justice 

1162 Court Street NE 

Salem, OR 97301-4096 

Telephone: (503) 934-4400 

Facsimile: (503) 373-7067 

E-mail: tim.smith@doj .state.or. us 

Attorneys for State of Oregon 

UNITED STATES DISTRICT COURT 

FOR THE DISTRICT OF OREGON 

STATE OF OREGON, Acting by and through 

the DEPARTMENT OF CORRECTIONS, Case No. 6: 16-cv-345-TC 

Plaintiff, DEFAULT JUDGMENT 

v. 

NICHOLAS ADAM AMES, 

Defendant. 

This matter comes before the Court on Plaintiffs Motion for Entry of Default Judgment 

[Doc. No. 7] filed on June 28, 2016 and Order Granting Motion for Default Judgment [Doc No. 

9) entered on September 26, 2016. Defendant, Nicholas Adam Ames, having failed to appear, 

plead or otherwise defend in this action, and default having been entered on June 20, 2016, and 

counsel for Plaintiff State of Oregon, acting by and through the Department of Corrections 

having requested judgment against the defaulted defendant and having filed a proper motion and 

affidavit in accordance with Federal Rule of Civil Procedure 55(a) and (b ): 

Ill 

Ill 

Ill 

I II 

Ill 

Page 1 - DEFAULT JUDGMENT 

TDS/tn I 17328871 

Department of Justice 

1162 Court Street NE 

Salem, OR 97301-4096 

(503) 934-4400 I Fax: (503) 373-7067 

Case 6:16-cv-00345-TC Document 10 Filed 09/28/16 Page 1 of 2
IT IS HEREBY ORDERED AND ADJUDGED that: 

1. Pursuant to 17 U.S.C. § 502(a), Defendant, Nicholas Adam Ames is permanently 

enjoined from infringing Plaintiffs rights under federal or state law in the video entitled "Prison 

Cell Extraction," https://youtu.be/z0ok8tROUFs, including by using the internet or any online 

media distribution system to reproduce (i.e. download) Prison Cell Extraction, to distribute (i.e. 

upload) Prison Cell Extraction, or to make Prison Cell Extraction available for distribution to the 

public or for public display; 

2. Plaintiff is awarded judgment against Defendant, Nicholas Adam Ames, for its 

costs in this action, to be determined pursuant to 17 U.S.C. § 505; and 

3. Plaintiff is awarded judgment against Defendant, Nicholas Adam Ames, for its 

attorney's fees incurred herein, to be determined pursuant to 17 U.S.C. § 505. 

Dated this~ day of Sc..e~ , 2016. 

SUBMITTED BY: 

Timothy D. Smith, #914374 

Assistant Attorney General 

Of Attorneys for Plaintiff 

Department of Justice 

1162 Court Street NE 

Salem, OR 97301-4096 

Telephone: (503) 934-4400 

Facsimile: (503) 373-7067 

E-mail: tim.smith@doj .state.or. us 

Page 2 - DEFAULT JUDGMENT 

TDS/tn 117328871 

\. • 

L--

Judge Michael J. McShane 

Department of Justice 

1162 Court Street NE 

Salem, OR 9730 l-4096 

(503) 934-4400 I Fax: (503) 373-7067 

Case 6:16-cv-00345-TC Document 10 Filed 09/28/16 Page 2 of 2
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 on Form 10-K of Digital Lightwave, Inc. (the Company) for the year ended December 31, 2007, as filed with the Securities and Exchange Commission on the date hereof
(the report), I Kenneth T. Myers, Chief Accounting Officer and Principal Financial Officer of the Company, certify, pursuant to 18 U.S.C. section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that:

(1) the Report fully complies with the requirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934; and

(2) the information contained in the Report fairly presents, in all material respects, the financial condition and results of operations of the
Company.

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

Date: April 14, 2008



By:

/S/    KENNETH T. MYERSKenneth T. Myers President and Chief Executive Officer (Principal Executive Officer)
<TABLE> <S> <C>

<ARTICLE> 5

<S>                             <C>
<PERIOD-TYPE>                   YEAR
<FISCAL-YEAR-END>                          DEC-31-1996
<PERIOD-START>                             JAN-01-1996
<PERIOD-END>                               DEC-31-1996
<CASH>                                       8,935,999
<SECURITIES>                                         0
<RECEIVABLES>                                  747,816
<ALLOWANCES>                                   190,000
<INVENTORY>                                     24,651
<CURRENT-ASSETS>                            10,688,334
<PP&E>                                      26,939,906
<DEPRECIATION>                               2,815,104
<TOTAL-ASSETS>                             142,384,005
<CURRENT-LIABILITIES>                        8,141,213
<BONDS>                                    118,880,101
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                             0
<OTHER-SE>                                  15,362,691
<TOTAL-LIABILITY-AND-EQUITY>               142,384,005
<SALES>                                              0
<TOTAL-REVENUES>                            54,220,559
<CGS>                                                0
<TOTAL-COSTS>                               49,681,790
<OTHER-EXPENSES>                             4,586,879<F1>
<LOSS-PROVISION>                               190,000
<INTEREST-EXPENSE>                           6,398,913
<INCOME-PRETAX>                               (48,110)
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                           (48,110)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                               (8,886,604)
<EPS-PRIMARY>                                        0
<EPS-DILUTED>                                        0
<FN>
<F1>Other costs represents pre-opening expenses written off upon commencement of
operations, previously deferred.
</FN>


</TABLE>
<PAGE>
                                                                     EXHIBIT 2.1


                            BARDEN NEVADA GAMING, LLC
                        Assignment of Membership Interest


         THIS ASSIGNMENT is executed by BARDEN DEVELOPMENT, INC., an Indiana
corporation ("BDI"), and MAJESTIC INVESTOR HOLDINGS, LLC, a Delaware limited
liability company ("MIH").

         WHEREAS, MIH is the sole member of Barden Nevada Gaming, LLC (the
"Company").

         WHEREAS, the Company is a Nevada limited liability company governed by
an Operating Agreement dated March 7, 2001 (the "Agreement").

         NOW, THEREFORE, pursuant to Nevada Revised Statutes 86.351, for good
and valuable consideration, the receipt and sufficiency of which are hereby
acknowledged, and consistent with the following terms:

         1. MIH hereby sells, assigns and transfers to BDI, and BDI hereby
acquires and purchases from MIH, MIH's 100% membership interest (the "Interest")
in the Company, together with any substitutions, proceeds or reissues thereof.

         2. MIH warrants that this Assignment is enforceable against it
according to its terms (although no warranty is given as to the extent (if any)
to which the Company will be profitable), and BDI (a) warrants that it is
acquiring the Interest for BDI's own account, and (b) covenants not to transfer
or encumber the Interest in violation of applicable securities law.

         3. BDI hereby accepts this assignment and agrees to be bound by the
terms and provisions of, and assume the obligations of MIH as a member under,
the Agreement.

         4. This Instrument constitutes the entire agreement of the parties
hereto with respect to the matters addressed herein, and shall be interpreted
and enforced according to Nevada law.

         5. A copy of this Assignment shall be maintained in the respective
records of the Company and MIH, and shall be appended to each copy of (i) the
Agreement, and (ii) the current operating agreement of MIH.



<PAGE>


         IN WITNESS WHEREOF, the parties have executed this Assignment on this
31st day of December, 2003.

MAJESTIC INVESTOR HOLDINGS, LLC                   BARDEN DEVELOPMENT, INC.





By:  /s/ Don H. Barden                           By:   /s/ Don H. Barden
     ----------------------------                      -------------------------
      Don H. Barden, Manager                            Don H. Barden, President
<TABLE> <S> <C>

<PAGE>
<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINES SUMMARY FINANCIAL INFORMATION EXTRACTED FROM THE BALANCE
SHEETS AND STATEMENTS OF OPERATIONS FROM THE COMPANY'S FORM 10-K FOR THE
YEAR-TO-DATE, AND IS QUALIFIED IN ITS ENTIRETY BY REFERENCE TO SUCH FINANCIAL
STATEMENTS.
</LEGEND>
<MULTIPLIER> 1,000

<S>                             <C>
<PERIOD-TYPE>                   YEAR
<FISCAL-YEAR-END>                          FEB-28-1999
<PERIOD-START>                             MAR-01-1998
<PERIOD-END>                               FEB-28-1999
<CASH>                                           1,672
<SECURITIES>                                         0
<RECEIVABLES>                                   14,050
<ALLOWANCES>                                     (135)
<INVENTORY>                                     24,922
<CURRENT-ASSETS>                                41,716
<PP&E>                                         134,701
<DEPRECIATION>                                (58,713)
<TOTAL-ASSETS>                                 154,816
<CURRENT-LIABILITIES>                           26,889
<BONDS>                                        110,000
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                             0
<OTHER-SE>                                    (11,925)
<TOTAL-LIABILITY-AND-EQUITY>                   154,816
<SALES>                                        136,558
<TOTAL-REVENUES>                               136,558
<CGS>                                          111,338
<TOTAL-COSTS>                                  111,338
<OTHER-EXPENSES>                                 6,956
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                              13,891
<INCOME-PRETAX>                                  4,373
<INCOME-TAX>                                     1,880
<INCOME-CONTINUING>                              2,493
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                     2,493
<EPS-BASIC>                                        0
<EPS-DILUTED>                                        0


</TABLE>