alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
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 Trycera Financial, Inc.
(the "Company") on Form 10-KSB for the year ended December 31, 2005, as
filed with the Securities and Exchange Commission on the date hereof (the
"Report"), the undersigned principal executive officer of 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 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 31, 2006

/s/ Matthew S. Kerper
Matthew S. Kerper, President
(Principal executive officer)
NOT FOR PUBLICATION

UNITED STATES COURT OF APPEALS 

FOR THE NINTH CIRCUIT 

JUN FU LI, 

 Petitioner, 

 v. 

LORETTA E. LYNCH, Attorney General, 

 Respondent. 

No. 12-73113 

Agency No. A079-543-613 

MEMORANDUM*

 

On Petition for Review of an Order of the 

Board of Immigration Appeals 

Submitted October 22, 2015** 

San Francisco, California 

Before: PAEZ, MURGUIA, and HURWITZ, Circuit Judges. 

Jun Fu Li petitions for review from an order of the Board of Immigration 

Appeals (“BIA”) denying his motion to reopen removal proceedings. We deny the 

petition in part and dismiss it in part. 

1. The BIA did not abuse its discretion in denying Li’s concededly 

                                                            

 * This disposition is not appropriate for publication and is not precedent 

except as provided by 9th Cir. R. 36-3. 

 ** The panel unanimously concludes this case is suitable for decision 

without oral argument. See Fed. R. App. P. 34(a)(2). 

FILED

OCT 26 2015

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS 
 2 

untimely motion to reopen. See 8 U.S.C. § 1229a(c)(7)(C)(i). The BIA properly 

determined that Li’s failure to file a new asylum application was fatal to his 

motion. 8 C.F.R. § 1003.2(c)(1) (“A motion to reopen proceedings for the purpose 

of submitting an application for relief must be accompanied by the appropriate 

application for relief and all supporting documentation.”); see also Young Sun Shin 

v. Mukasey, 547 F.3d 1019, 1025 (9th Cir. 2008) (affirming BIA’s denial of 

motion to reopen because petitioner failed to present evidence of an approved visa 

as required to establish “prima facie eligibility for the relief sought”). 

2. We lack jurisdiction to consider Li’s challenge to the BIA’s decision 

not to invoke its sua sponte authority to reopen removal proceedings. Sharma v. 

Holder, 633 F.3d 865, 874 (9th Cir. 2011). 

PETITION DENIED IN PART, DISMISSED IN PART.
Sergeant Jose Hernandez, 

Deputy Matt Krueger, Deputy 

Birdie Tyler, and Denise s

Fourth Court of Appeals

San Antonio, Texas

November 13, 2015

No. 04-15-00695-CV

John M. DONAHUE,

Appellant

v.

Sergeant Jose HERNANDEZ, Deputy Matt Krueger, Deputy Birdie Tyler, and Denise Martinez,

Appellees

From the County Court at Law, Kendall County, Texas

Trial Court No. 15-003-CCL

Honorable Bill R. Palmer, Judge Presiding

ORDER

On September 10, 2015, the trial court signed an order granting a plea to the jurisdiction 

filed in the underlying cause by City of Boerne Chief of Police Koehler and Officer Pablo 

Martinez. The order severed those defendants from the underlying lawsuit, and those defendants 

are not parties to this appeal.

On October 2, 2015, the trial court signed two orders granting pleas to the jurisdiction 

filed by the remaining defendants Sergeant Jose Hernandez, Deputy Matt Krueger, Deputy 

Birdie Taylor, and Denise Martinez. The orders dismissed all claims against those defendants 

with prejudice.

On November 5, 2015, appellant filed a notice of interlocutory appeal. Because the trial 

court’s October 2, 2015 orders disposed of all remaining defendants, this appeal is not an 

interlocutory appeal. Accordingly, appellant’s notice of appeal was due to be filed by November 

2, 2015. TEX. R. APP. P. 26.1. Appellant is incarcerated, and the certificate of service to his 

notice of appeal states that he deposited the notice of appeal in the mail on November 1, 2015. 

Therefore, his notice of appeal is deemed to be timely filed. See Campbell v. State, 320 S.W.3d 

338, 344 (Tex. Crim. App. 2010).

_________________________________

Sandee Bryan Marion, Chief Justice
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said 

court on this 13th day of November, 2015.

___________________________________

Keith E. Hottle

Clerk of Court
DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA

FOURTH DISTRICT

STATE OF FLORIDA,

Appellant,

v.

DEONATH SOOKRAJ,

Appellee.

No. 4D14-3018

[January 6, 2016]

Appeal from the Circuit Court for the Seventeenth Judicial Circuit, 

Broward County; Kenneth A. Gottlieb, Judge; L.T. Case No. 14-

001249MM10A.

Pamela Jo Bondi, Attorney General, Tallahassee, and Angela E. Noble, 

Assistant Attorney General, West Palm Beach, for appellee.

No brief filed for appellee.

ON MOTION FOR REHEARING

PER CURIAM.

We grant the motion for rehearing, withdraw our prior order, and 

substitute this opinion in its place.

We reverse the county court’s order finding the mandatory $5,000 civil 

penalty imposed for solicitation of prostitution under Section 796.07(6), 

Florida Statutes (2014), to be unconstitutionally excessive. See State v. 

Jones, Case No. 4D14-3019 (Fla. 4th DCA Dec. 2, 2015). Because Sookraj 

had pled not guilty to the charge of solicitation of prostitution when the 

county court issued the order, we remand for further proceedings 

consistent with this opinion.

Reversed and Remanded.

CIKLIN, C.J., TAYLOR and CONNER, JJ., concur.

* * *
2

Not final until disposition of timely filed motion for rehearing.
Exhibit 4.10





Exhibit 4.10




SEVENTH AMENDMENT TO RIGHTS AGREEMENT





	1.	 	GENERAL BACKGROUND. In accordance with Section 27 of the Rights Agreement between American
Stock Transfer & Trust Company, LLC (the “Rights Agent”) and Pennichuck Corporation
(“Pennichuck” or the “Company”), as amended from time to time (the “Agreement”), which
Agreement was originally adopted on April 20, 2000, Pennichuck desires to amend the Agreement
to extend the expiration of the Rights under the Rights Agreement from April 19, 2010 to
November 1, 2010.

	 
	2.	 	EFFECTIVENESS. This Amendment shall be effective as of March 24, 2010 (the “Amendment”) and
all defined terms and definitions in the Agreement shall be the same, and have the same full
force and effect, in the Amendment except as specifically revised by this Amendment.

	 
	3.	 	REVISION. The paragraph in Section 1 of the Agreement, “Certain Definitions,” that defines
“Final Expiration Date” is hereby deleted in its entirety and replaced with the following:







“Final Expiration Date” shall mean November 1, 2010.




	4.	 	This Amendment may be executed in one or more counterparts via facsimile, each of which will
be deemed an original copy of this Agreement, and all of which, when taken together, shall be
deemed to constitute one and the same agreement.

	 
	5.	 	Except as otherwise amended hereby, the Agreement and all schedules, exhibits and amendments
thereto shall remain in full force and effect.






IN WITNESS WHEREOF, the parties hereto have caused this Amendment to be executed in their names and
on their behalf by and through their duly authorized officers as of this 24th day of
March, 2010.



	 	 	 	 	 	 	 	 	 
	PENNICHUCK CORPORATION	 	 	 	AMERICAN STOCK TRANSFER & TRUST
	 	 	 	 	 	 	COMPANY, LLC, as Rights Agent
	 
	 	 	 	 	 	 	 	 
	/s/ Thomas C. Leonard	 	 	 	/s/ Herb Lemmer
	 	 	 	 	 
	By:

	 	Thomas C. Leonard
	 	 	 	By:
	 	Herb Lemmer
	Title:

	 	Sr. Vice President, Chief Financial Officer &
	 	 	 	Title:
	 	Corporation Counsel
	 

	 	Treasurer
exhibit1004rsuamendmentform.htm


     
Nicor Inc.

      Form 8-K

      Exhibit 10.04

    

     

     

    AMENDMENT
TO

    RESTRICTED
STOCK UNIT AGREEMENT

    NICOR
INC. 2006 LONG-TERM INCENTIVE PLAN

    


     

    THIS
AMENDMENT is entered into effective as of the ___ day of ______, 2010 by and
between _____________ (the “Employee”), and Nicor Inc., an Illinois corporation
(the “Company”).

     

    WITNESSETH
THAT:

     

    WHEREAS,
the Company and the Employee entered into a Restricted Stock Unit Agreement
dated as of _____________, as the same may previously have been amended from
time to time, (the “Restricted Stock Unit Agreement”) evidencing an award of
Restricted Stock Units by the Company to the Employee pursuant to Section 4.4 of
the Nicor Inc. 2006 Long-Term Incentive Plan (the “Plan”); and

     

    WHEREAS,
the Company and the Employee are entering into this Amendment in order to amend
the provision of the Restricted Stock Unit Agreement concerning withholding
obligations.

     

    


    NOW,
THEREFORE, IT IS AGREED, by and between the Company and the Employee as
follows:

     

    I.           Paragraph
8 of the Restricted Stock Unit Agreement is hereby deleted in its entirety and
the following new Paragraph 8 is substituted in lieu thereof:

    


    “8.        Withholding. 
The Company may require that the Employee pay to the Company, or the Company may
otherwise withhold, at the time of delivery of the shares of Stock pursuant to
the Restricted Stock Units, any such amount as is required by law or regulation
to be withheld for federal, state or local income tax or any other taxes
incurred by reason of such payment. At the election of the Employee, unless
otherwise prohibited by the Committee, such withholding obligations may be
satisfied pursuant to any of the methods authorized by Section 6.7 of the
Plan. ” 

     

    II.          Except
where the context clearly implies or indicates the contrary, a word, term, or
phrase used in the Plan is similarly used in this Amendment.

     

    III.         Except
as otherwise expressly amended by this Amendment, the Restricted Stock Unit
Agreement shall remain in full force and effect in accordance with its
terms.

     

    


    IN
WITNESS WHEREOF, the Employee has hereunto set his hand, and the Company has
caused these presents to be executed in its name and on its behalf, all
effective as of the date first above written.

     

     

    
      	 	 	 	 	 
	 	 	 	    EMPLOYEE
      NAME	 
	 	 	 	 	 	 
	 	 	 	    NICOR
      INC.	 
	 	 	 	 	 	 
	 	
               

            	 	By:
       	 	 
	 	 	 	Its:
<TABLE> <S> <C>


<ARTICLE>  5

<S>                                 <C>
<PERIOD-TYPE>                       9-MOS
<FISCAL-YEAR-END>                            DEC-31-1998
<PERIOD-END>                                 SEP-30-1999
<CASH>                                           221,000
<SECURITIES>                                   5,424,000
<RECEIVABLES>                                 10,014,000
<ALLOWANCES>                                   1,876,000
<INVENTORY>                                      647,000
<CURRENT-ASSETS>                              16,067,000
<PP&E>                                        11,055,000
<DEPRECIATION>                                 7,209,000
<TOTAL-ASSETS>                                24,461,000
<CURRENT-LIABILITIES>                         10,499,000
<BONDS>                                                0
<PREFERRED-MANDATORY>                                  0
<PREFERRED>                                           36
<COMMON>                                         212,000
<OTHER-SE>                                    97,922,000
<TOTAL-LIABILITY-AND-EQUITY>                  24,461,000
<SALES>                                       20,214,000
<TOTAL-REVENUES>                              20,214,000
<CGS>                                         17,298,000
<TOTAL-COSTS>                                 17,298,000
<OTHER-EXPENSES>                                       0
<LOSS-PROVISION>                                       0
<INTEREST-EXPENSE>                              (362,000)
<INCOME-PRETAX>                              (36,412,000)
<INCOME-TAX>                                     900,000
<INCOME-CONTINUING>                          (37,312,000)
<DISCONTINUED>                                         0
<EXTRAORDINARY>                                        0
<CHANGES>                                              0
<NET-INCOME>                                 (37,312,000)
<EPS-BASIC>                                        (2.03)
<EPS-DILUTED>                                      (2.03)



</TABLE>
<TABLE> <S> <C>

<PAGE>

<ARTICLE> 5

<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                          SEP-30-2000
<PERIOD-START>                             OCT-01-1999
<PERIOD-END>                               DEC-31-1999
<CASH>                                      45,007,000
<SECURITIES>                                58,632,000
<RECEIVABLES>                               15,841,000
<ALLOWANCES>                                         0
<INVENTORY>                                          0
<CURRENT-ASSETS>                           124,778,000
<PP&E>                                      23,550,000
<DEPRECIATION>                                       0
<TOTAL-ASSETS>                             159,299,000
<CURRENT-LIABILITIES>                       63,548,000
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                         2,000
<OTHER-SE>                                           0
<TOTAL-LIABILITY-AND-EQUITY>               159,299,000
<SALES>                                     49,399,000
<TOTAL-REVENUES>                            49,399,000
<CGS>                                       18,207,000
<TOTAL-COSTS>                               18,207,000
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                               1,000
<INCOME-PRETAX>                             11,824,000
<INCOME-TAX>                                 4,138,000
<INCOME-CONTINUING>                          7,686,000
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                 7,686,000
<EPS-BASIC>                                       0.36
<EPS-DILUTED>                                     0.35


</TABLE>
Exhibit 3.1.1





CERTIFICATE OF AMENDMENT

OF

AMENDED AND RESTATED

CERTIFICATE OF INCORPORATION

OF

COLDWATER CREEK INC.

a Delaware corporation



Coldwater Creek Inc., a corporation organized and
existing under the General Corporation Law of the State of Delaware,



DOES HEREBY CERTIFY THAT:



FIRST:    The name of the corporation is Coldwater Creek Inc. (the Corporation). The Corporation was originally incorporated on March 1, 1996 pursuant to the General Corporation Law of
the State of Delaware. An Amended and Restated Certificate of Incorporation of the Corporation was filed with the Secretary of State of the State of Delaware on or about November 22, 1996 (the Certificate of Incorporation);



SECOND:    Pursuant
to unanimous written consent of the board of directors of the Corporation dated July 10, 2000, whereby the directors of the Corporation adopted resolutions approving and declaring advisable the following amendment to the Certificate of Incorporation
(the Amendment);



THIRD:    The Amendment was duly adopted and approved in accordance with the provisions of Section 228 of the Delaware General Corporation Law by the required vote of the stockholders of the Corporation
pursuant to a Special Meeting of the Stockholders of the Corporation; and



FOURTH:    That the Amendment was duly adopted and approved in accordance with the provisions of Section 242 of the Delaware General Corporation Law;



BE IT RESOLVED, that Article FOURTH,
Subsection (a) of the Certificate of Incorporation be amended to read in its entirety as follows:



FOURTH.    (a)    The Corporation is authorized to issue 61,000,000 shares of
capital stock, $0.01 par value. The shares shall be divided into two classes, designated as follows:



|Designation of Class |  | Number of Shares |  | Par Value
|-------------------- |  | ---------------- |  | ---------
|Common Stock         |  | 60,000,000       |  | $0.01    
|Preferred Stock      |  | 1,000,000        |  | $0.01    
|                     |  |                  |  |          
|TOTAL:               |  | 61,000,000       |  |          



1



---



IN WITNESS
WHEREOF, Coldwater Creek Inc. has caused this Certificate of Amendment of Amended and Restated Certificate of Incorporation to be signed by its President and Assistant Secretary this 9th day of August, 2000.





By:Name:Title:






ATTEST:

|   
|---
|By:
|   
|   



2
Fourth Court of Appeals

San Antonio, Texas

June 28, 2016

No. 04-16-00327-CV

Maxine ADAMS and Cecil Adams,

Appellants

v.

Christopher PRINE,

Appellee

From the 269th District Court, Harris County, Texas

Trial Court No. 2014-35653-a

Honorable Dan Hinde, Judge Presiding

O R D E R

By order dated June 10, 2016, appellants were ordered to provide written proof that any 

supplemental clerk’s and reporter’s records necessary for the resolution of this appeal were 

requested and payment arrangements for the preparation of any such records were made. On 

June 24, 2016, appellants responded and provided the court with notice that a supplemental 

clerk’s record had been requested and payment arrangements were made. On June 27, 2016, a 

supplemental clerk’s record was filed. Accordingly, the appellate record is complete. 

Appellant’s brief must be filed no later than July 27, 2016.

_________________________________

Sandee Bryan Marion, Chief Justice

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said 

court on this 28th day of June, 2016.

___________________________________

Keith E. Hottle

Clerk of Court
#### PYNE et al. v. PHILLIPS.

(Supreme Court, Appellate Division, First Department.

November 20, 1896.)

Action by Moses T. Pyne and others against Hartwig J. Phillips.

No opinion. Motion denied upon payment of $10 costs.
<TABLE> <S> <C>

<PAGE>
<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM THE (A) THE
COMPANY'S CONSOLIDATED FINANCIAL STATEMENTS INCLUDED IN THE FORM 10-K FOR THE
YEAR ENDED DECEMBER 31, 1997
</LEGEND>
<RESTATED>

<S>                             <C>
<PERIOD-TYPE>                   YEAR
<FISCAL-YEAR-END>                          DEC-31-1996
<PERIOD-START>                             JAN-01-1996
<PERIOD-END>                               DEC-31-1996
<CASH>                                      62,020,586
<SECURITIES>                                 6,297,412
<RECEIVABLES>                               43,649,295
<ALLOWANCES>                                   988,211
<INVENTORY>                                          0
<CURRENT-ASSETS>                           124,054,867
<PP&E>                                      46,448,767
<DEPRECIATION>                              21,910,854
<TOTAL-ASSETS>                             169,872,554
<CURRENT-LIABILITIES>                       73,983,914
<BONDS>                                     22,977,367
<PREFERRED-MANDATORY>                        8,452,484
<PREFERRED>                                          0
<COMMON>                                        48,190
<OTHER-SE>                                  64,229,711
<TOTAL-LIABILITY-AND-EQUITY>               169,872,554
<SALES>                                    266,373,846
<TOTAL-REVENUES>                           266,373,846
<CGS>                                                0
<TOTAL-COSTS>                              177,287,350
<OTHER-EXPENSES>                            63,719,956
<LOSS-PROVISION>                               529,997
<INTEREST-EXPENSE>                           3,825,546
<INCOME-PRETAX>                             23,312,291
<INCOME-TAX>                                 5,993,939
<INCOME-CONTINUING>                         17,318,352
<DISCONTINUED>                                       0
<EXTRAORDINARY>                             (1,215,405)
<CHANGES>                                            0
<NET-INCOME>                                16,102,947
<EPS-PRIMARY>                                     0.36
<EPS-DILUTED>                                     0.36


</TABLE>
```

[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2589 Engrossed in House (EH)]

<DOC>
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
114th CONGRESS
  2d Session
                                H. R. 2589

_______________________________________________________________________

                                 AN ACT

 
    To amend the Communications Act of 1934 to require the Federal 
 Communications Commission to publish on its Internet website the text 
of any item that is adopted by vote of the Commission not later than 24 
  hours after receipt of dissenting statements from all Commissioners 
     wishing to submit such a statement with respect to such item.

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

SECTION 1. TIMELY AVAILABILITY OF ITEMS ADOPTED BY VOTE OF THE 
              COMMISSION.

    (a) Amendment.--Section 4 of the Communications Act of 1934 (47 
U.S.C. 154) is amended by adding at the end the following:
    ``(p) In the case of any item that is adopted by vote of the 
Commission, the Commission shall publish on the Internet website of the 
Commission the text of such item not later than 24 hours after the 
Secretary of the Commission has received dissenting statements from all 
Commissioners wishing to submit such a statement with respect to such 
item.''.
    (b) Effective Date.--The amendment made by this section shall apply 
with respect to an item that is adopted after the date that is 30 days 
after the date of the enactment of this Act.

            Passed the House of Representatives May 23, 2016.

            Attest:

                                                                 Clerk.
114th CONGRESS

  2d Session

                               H. R. 2589

_______________________________________________________________________

                                 AN ACT

    To amend the Communications Act of 1934 to require the Federal 
 Communications Commission to publish on its Internet website the text 
of any item that is adopted by vote of the Commission not later than 24 
  hours after receipt of dissenting statements from all Commissioners 
     wishing to submit such a statement with respect to such item.
```
#### The People of the State of New York, Respondent, v Jose Maldonado, Appellant.

The evidence in this case does not support the conclusion that an uncalled witness was under the control of the prosecution at the time of trial. Therefore, the defendant was not entitled to a missing witness charge as to that particular witness *(see, People v Watkins,*67 AD2d 717). Thus, the court did not err in refusing to charge the jury as to the failure of the prosecution to call a particular eyewitness.

The defendant’s remaining contentions are either unpreserved *(see, People v Satloff,*56 NY2d 745), or without merit *(see, People v Contes,*60 NY2d 620). Thompson, J. P., Bracken, Lawrence and Eiber, JJ., concur.