alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
August 14, 1998



Mr. Selby F. Little, III
Chief Financial Officer
HydroChem Industrial Services, Inc.
6210 Rothway
Houston, TX  77040

Re:  Credit  Agreement  dated  as  of  December  31,  1997  ("Agreement")  among
     HydroChem Industrial Services, Inc. ("Borrower") and NationsBank,  N.A., as
     successor in interest by merger to NationsBank  of Texas,  N.A. (as "Agent"
     and "Bank")

Dear Mr. Little:

This letter  agreement  ("Letter  Agreement")  references the Agreement  defined
above. Any capitalized  terms used herein shall have the same meanings  assigned
to them in the Agreement unless otherwise defined herein.

In your letter dated January 14, 1998 (the "Vacuum Truck Letter"), you described
the  Borrower's  plan to invest  approximately  $5  million to  purchase  vacuum
trucks. It is agreed that, for the purpose of calculating Capital  Expenditures,
the  Borrower  may  exclude  the  lesser of (i)  $3,000,000  and (ii) the actual
expenditures  made during 1998 which are  described in the Vacuum Truck  Letter.
Also, the Borrower may exclude the lesser of (i) $10,500,000 and (ii) the actual
expenditures  made prior to December  31,  1998  relating  to the  purchase  and
construction  of land,  plant,  equipment and furnishings for the Borrower's new
headquarters  facility in Deer Park,  Texas. In order to make these  exclusions,
the  Borrower  should  detail the above  expenditures  in an  attachment  to the
Borrowing Base and Compliance Certificate as incurred.

Except as  specifically  described  herein,  the  Agreement and the other Credit
Documents remain in full force and effect as originally executed. Nothing herein
shall act as a waiver of any of the Bank's rights under the Credit  Documents as
amended, including the waiver of any Default, however denominated.  The Borrower
must continue to comply with the terms of the Credit Documents, as amended.

THIS WRITTEN AGREEMENT AND THE CREDIT DOCUMENTS REPRESENT
THE FINAL AGREEMENT AMONG THE PARTIES AND MAY NOT BE
CONTRADICTED BY EVIDENCE OF PRIOR, CONTEMPORANEOUS, OR
SUBSEQUENT ORAL AGREEMENTS OF THE PARTIES



<PAGE>


THERE ARE NO UNWRITTEN ORAL AGREEMENTS AMONG THE PARTIES.

      EXECUTED as of the date first above written.

                        BORROWER:

                        HYDROCHEM INDUSTRIAL SERVICES,
                        INC.

                        By: /s/ Selby F. Little, III                            
                        Name: Selby F. Little, III                              
                        Title: Executive Vice President & Chief       
                              Financial Officer


                        AGENT:

                        NATIONSBANK, N.A., as Agent

                        By: /s/ William T. Griffin                             
                              William T. Griffin
                              Vice President


                        BANKS:

                        NATIONSBANK, N.A.

                        By: /s/ William T. Griffin                             
                              William T. Griffin
                              Vice President
EXHIBIT 32.02





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 PDF Solutions, Inc. (the “Company”) on Form 10-K for the year ended December 31, 2010 as filed with the Securities and Exchange Commission on March 22, 2011 (the “Report”), I, Joy E. Leo, EVP, Chief Administration Officer and Acting Chief 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, to my knowledge:





(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/ JOY E. LEOJoy E. LeoEVP, Chief Administration Officer and Acting Chief Financial Officer

(Principal Financial Officer)




Date: March 22, 2011
(September 21, 1987)

#### Darlene Salmi, Respondent, v Aetna Casualty & Surety Company, Appellant.

Motion to amend record on appeal denied, without costs, on the ground that the document sought to be added to the record was not before the court below. Mahoney, P. J., Kane, Casey, Weiss and Harvey, JJ., concur.
[Federal Register Volume 66, Number 81 (Thursday, April 26, 2001)]
[Notices]
[Pages 21002-21003]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-10357]


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

DEPARTMENT OF HEALTH AND HUMAN SERVICES

National Institutes of Health


National Institute of Child Health and Human Development; Notice 
of Closed Meeting

    Pursuant to section 10(d) of the Federal Advisory Committee Act, as 
amended (5 U.S.C. Appendix 2), notice is hereby given of the following 
meeting.
    The meeting will be closed to the public in accordance with the 
provisions set forth in sections 552b(c)(4) and 552b(c)(6), Title 5 
U.S.C., as amended. The grant applications and the discussions could 
disclose confidential trade secrets or commercial property such as 
patentable material,

[[Page 21003]]

and personal information concerning individuals associated with the 
grant applications, the disclosure of which would constitute a clearly 
unwarranted invasion of personal privacy.

    Name of Committee: National Institute of Child Health and 
Development Special Emphasis Panel, Cell Autonomy and Pediatric 
Neurodegenerative Diseases.
    Date: May 1, 2001.
    Time: 9 a.m. to 11 a.m.
    Agenda: To review and evaluate grant applications.
    Place: 6100 Executive Blvd., Room 5E01, Rockville, MD 20852, 
(Telephone Conference Call).
    Contact Person: Norman Chang, PhD, Scientific Review 
Administrator, Division of Scientific Review, National Institute of 
Child Health and Human Development, National Institutes of Health, 
6100 Executive Blvd., Room 5E03, Bethesda, MD 20892, (301) 496-1485.
    This notice is being published less than 15 days prior to the 
meeting due to the timing limitations imposed by the review and 
funding cycle.

(Catalogue of Federal Domestic Assistance Program Nos. 93.209, 
Contraception and Infertility Loan Repayment Program; 93.864, 
Population Research; 93.865, Research for Mothers and Children; 
93.929, Center for Medical Rehabilitation Research, National 
Institutes of Health, HHS)

    Dated: April 20, 2001.
LaVerne Y. Stringfield,
Director, Office of Federal Advisory Committee Policy.
[FR Doc. 01-10357 Filed 4-25-01; 8:45 am]
BILLING CODE 4140-01-M
#### The People of the State of New York, Respondent, v Caspar Settembre, Appellant.

Appeal by the defendant from an order of the County Court, Putnam County (Hickman, J.), dated December 31, 1986, which denied, without a hearing, his motion pursuant to CPL 440.10 to vacate a judgment of conviction of the same court rendered March 20, 1985.

Ordered that the order is modified, on the law, by deleting the provision thereof which denied that branch of the defendant’s motion which was to set aside the judgment of conviction on the ground of ineffective assistance of appellate counsel and substituting therefor a provision deeming that branch of the motion to be an application for a writ of error coram nobis and transferring that branch of the motion to this court for determination; as so modified, the order is affirmed.

Pursuant to the Court of Appeals determination in *People v Bachert*(69 NY2d 593, 595-596) that "a common-law coram nobis proceeding brought in the proper appellate court is the only available and appropriate procedure and forum to review a claim of ineffective assistance of appellate counsel”, this court will review de novo the defendant’s claim that he was denied the effective assistance of appellate counsel *(see, People v Settembre,*152 AD2d 682 [decided herewith]).

We are unpersuaded by the defendant’s contention that a hearing on his motion to vacate was necessary to develop additional background facts regarding the purported ineffective assistance of pretrial counsel *(see, People v Satterfield,*66 NY2d 796; *People v Buckley,*139 AD2d 589; *cf., People v Ferreras,*70 NY2d 630; *People v Jenkins,*68 NY2d 896). Given the nature of the claimed ineffective assistance, a hearing was not required since the motion could be considered on the record made before the trial court and the defendant’s evidentiary offerings on the motion *(see, People v Satterfield, supra,*at 798; CPL 440.30 [2]).

*682In the case at bar, the defendant has made no showing that pretrial counsel’s failure to serve notice pursuant to CPL 250.10 was not premised on strategy *(see, People v Rivera,*71 NY2d 705; *People v Satterfield, supra,*at 798). Accordingly, the remaining branches of the defendant’s motion to vacate the judgment of conviction were properly denied without a hearing. Mollen, P. J., Thompson, Rubin and Spatt, JJ., concur.
COURT OF APPEALS

	SECOND DISTRICT OF TEXAS

	FORT WORTH

	NO. 2-005-113    -3-054-CV

THE CADLE COMPANY ANDVeErRnNoOnN WhHiIpPpPlLeE 	APPELLANTS

DANIEL C. CADLEVernon Whipple

	V.

DAVID B. LOBINGIER AND THER2 EeEnNtTeErRpPrRiIsSeEsS, IiInNcC. aAnNdD TtTeEdD RrReEeEvVeEsS 	APPELLEES

STATE OF TEXAS

	----------

	FROM THE 48TH 158TH       158TH DISTRICT COURT OF           DENTON TARRANT COUNTY	NO. 2-05-166-CV

WILLIAM F. FREEMAN 	APPELLANT

	V.

KAREN LEE FREEMAN	APPELLEE

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

	FROM THE 235TH DISTRICT COURT OF COOKE COUNTY

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

	NO. 2-05-213152-CV

IN RE WILLIAM F. FREEMANInN rReE UBS FiInNaAnNcCiIaAlL SeErRvViIcCeEsS, InNcC.	RELATOR	

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

	ORIGINAL PROCEEDING

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

AND

	NO. 2-05-166153-CV

WILLIAM F. FREEMAN InN tThHeE EsStTaAtTeE oOfF EdDiItThH P. CoOmMeErR, DeEcCeEaAsSeEdD	

APPELLANT

	V.

KAREN LEE FREEMAN	APPELLEE

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

	FROM PROBATE COURT NO. 1 THE 235TH DISTRICT COURT OF TARRANT COOKE COUNTY

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

NO. 2-05-213-CV

IN RE WILLIAM F. FREEMAN	RELATOR	

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

	ORIGINAL PROCEEDING

	----------

	MEMORANDUM OPINION1 AND JUDGMENT

	----------

	We have considered the “aapAppellant’s Joint Motion to Dismiss for Mootness Appeal.”  Appeal Due To Settlement.”  It is the court's opinion that the motion should be granted; therefore, we withdraw our June 30, 2005 opinion and jugdgments, dismiss appellant’s pending motion for rehearing en banc, and dismiss the abov e referenced appeal and the origianal proceedingnl .  See TEX. R. APP. P.  42.1(a)(2121), (c), 43.2(f).

	Costs of the appeal shall be paid by the party incurring the same, for which let execution issue.

								PER CURIAM

PANEL DMDA:  dauDAUPHINOT, LIVINGSTON, and WALKER, JJ.	m

MCCOY, J.; CAYCE, C.J.; and LIVINGSTON, LIVINGSTON, DAUPHINOT, and GARDNER, JJ.

DELIVERED: June 2430, 2005December 31, 2003  sEPTEMBERSeptember 15, 2005
**Exhibit
      32.1**





**CERTIFICATION**


**PURSUANT
      TO SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002**


**(SUBSECTIONS
      (a) AND (b) OF SECTION 1350,**


**CHAPTER
      63 OF TITLE 18, UNITED STATES CODE)**





In
      connection with the Quarterly Report on Form 10-Q of Intermec, Inc. (the
“Company”) for the period ended July 1, 2007, as filed with the Securities
      and Exchange Commission on the date hereof (the “Report”), I, Patrick J. Byrne,
      Chief Executive Officer of the Company, certify, pursuant to 18 U.S.C. 1350,
      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/
                Patrick J. ByrnePatrick J.
                Byrne*Chief
                Executive Officer*August 3,
                2007
<PAGE>

                                                                    EXHIBIT 99.1

CERTIFICATION OF THE CHIEF EXECUTIVE OFFICER PURSUANT TO SECTION 1350 OF CHAPTER
63 OF TITLE 18 OF THE UNITED STATES CODE, AD ADOPTED PURSUANT TO SECTION 906 OF
                 THE SARBANES-OXLEY ACT OF 2002 PERIODIC REPORT

I, Lance Fors, Chairman and Chief Executive Officer of Third Wave Technologies,
Inc. (the "Company"), certify, pursuant to Section 906 of the Sarbanes-Oxley Act
of 2002, 18 U.S.C. Section 1350, that on the date of this Certification:

1.   the Annual Report on Form 10-K of the Company for the annual period ended
     December 31, 2002, (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:  March 31, 2003
                                             /s/ Lance Fors
                                            ____________________________________
                                            Lance Fors, Ph.D.
                                            Chairman and Chief Executive Officer
Exhibit 32.1

CERTIFICATION

PURSUANT TO SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

(SUBSECTIONS (a) AND (b) OF SECTION 1350,

CHAPTER 63 OF TITLE 18, UNITED STATES CODE)

In connection with the Quarterly Report on Form 10-Q of Intermec, Inc. (the Company) for the period ended July 3, 2011, as filed with the Securities and Exchange Commission on the date
hereof (the Report), I, Patrick J. Byrne, Chief Executive Officer of the Company, certify, pursuant to 18 U.S.C. 1350, 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/ Patrick J. Byrne   
|Chief Executive Officer
|                       
|August 9, 2011
ASK Your Shipmate

CARE for Your Shipmate

ESCORT Your Shipmate

See Reverse for Questions 

that Can Save a Life 
Any YES indicates the need for further care. However, if the 

answer to 4, 5 or 6 is YES, immediately ESCORT to the nearest 

Chaplain, Mental Health Provider, Unit Leader or Emergency 

Department.

Past Month

1) Have you wished you were dead or wished you

could go to sleep and not wake up?

2) Have you actually had any thoughts about 

killing yourself?

If YES to 2, answer questions 3, 4, 5 and 6

If NO to 2, go directly to question 6

 3) Have you thought about how you might do this?

 4) Have you had any intention of acting on these 

thoughts of killing yourself, as opposed to you 

have the thoughts but you definitely would not 

act on them?

High Risk

 5) Have you started to work out or worked out the 

details of how to kill yourself? Do you intend to 

carry out this plan?

High Risk

Always Ask Question 6 Lifetime Past 3 

Months

6) Have you done anything, started to do anything, 

or prepared to do anything to end your life?

 Examples: Collected pills, obtained a gun, gave away valuables, wrote 

 a will or suicide note, held a gun but changed your mind, cut yourself, 

 tried to hang yourself, etc.

High 

Risk

DON’T LEAVE THE PERSON ALONE.

STAY WITH THEM UNTIL THEY ARE IN 

THE CARE OF PROFESSIONAL HELP
I 

111TH CONGRESS 

2D SESSION H. R. 6159 

To amend the Internal Revenue Code of 1986 to allow a credit for infant 

formula rebates paid under the Special Supplemental Nutrition Program 

for Women, Infants, and Children. 

IN THE HOUSE OF REPRESENTATIVES 

SEPTEMBER 22, 2010 

Mr. ELLSWORTH introduced the following bill; which was referred to the 

Committee on Ways and Means 

A BILL 

To amend the Internal Revenue Code of 1986 to allow a 

credit for infant formula rebates paid under the Special 

Supplemental Nutrition Program for Women, Infants, 

and Children. 

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

3 SECTION 1. BUSINESS CREDIT FOR INFANT FORMULA RE4 BATES PAID UNDER SPECIAL SUPPLE5 MENTAL NUTRITION PROGRAM FOR WOMEN, 

6 INFANTS, AND CHILDREN. 

7 (a) IN GENERAL.—Subpart D of part IV of sub8 chapter A of chapter 1 of the Internal Revenue Code of 


srobinson on DSKHWCL6B1PROD with BILLS
2 

•HR 6159 IH

1 1986 (relating to business related credits) is amended by 

2 adding at the end the following new section: 

3 ‘‘SEC. 45R. INFANT FORMULA REBATES PAID UNDER SPE4 CIAL SUPPLEMENTAL NUTRITION PROGRAM 

5 FOR WOMEN, INFANTS, AND CHILDREN. 

6 ‘‘(a) GENERAL RULE.—For purposes of section 38, 

7 the infant formula rebate credit for any taxable year is 

8 an amount equal to 10 percent of the aggregate qualified 

9 infant formula rebates paid or incurred by the taxpayer 

10 during the taxable year. 

11 ‘‘(b) QUALIFIED INFANT FORMULA REBATE.—For 

12 purposes of this section, the term ‘qualified infant formula 

13 rebate’ means the rebate determined under the contract 

14 awarded as a result of a bid to a State agency in response 

15 to a rebate solicitation under section 17 of the Child Nu16 trition Act of 1966 (42 U.S.C. 1786).’’. 

17 (b) CREDIT ALLOWED AS PART OF GENERAL BUSI18 NESS CREDIT.—Section 38(b) of such Code (defining cur19 rent year business credit) is amended by striking ‘‘plus’’ 

20 at the end of paragraph (34), by striking the period at 

21 the end of paragraph (35) and inserting ‘‘, plus’’, and by 

22 adding at the end the following new paragraph: 

23 ‘‘(36) the infant formula rebate credit deter24 mined under section 45R.’’. 


srobinson on DSKHWCL6B1PROD with BILLS
3 

•HR 6159 IH

1 (c) CONFORMING AMENDMENT.—The table of sec2 tions for subpart D of part IV of subchapter A of chapter 

3 1 of such Code is amended by adding at the end the fol4 lowing new item: 

‘‘Sec. 45R. Infant formula rebates paid under special supplemental nutrition 

program for women, infants, and children.’’. 

5 (d) EFFECTIVE DATE.—The amendments made by 

6 this section shall apply to taxable years beginning after 

7 the date of the enactment of this Act. 

Æ 


srobinson on DSKHWCL6B1PROD with BILLS
Exhibit 13.2

Pursuant to section 906 of the Sarbanes-Oxley Act of 2002 (subsections (a) and (b) of section 1350, Chapter 63 of Title 18, United States Code), the undersigned officer of sanofi-aventis, a French
société anonyme (the Company), does hereby certify, to such officers knowledge, that:

The annual
report on Form 20-F for the year ended December 31, 2006 (the Form 20-F) of the Company fully complies with the requirements of section 13(a) or 15(d) of the Securities Exchange Act of 1934 and information contained in the Form 20-F
fairly presents, in all material respects, the financial condition and results of operations of the Company.

Date: March 30, 2007



By:

/s/ Jean-Claude LeroyJean-Claude LeroyExecutive Vice President Finance and Legal(1)


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

---

|(1) | Principal financial officer.
|--- | ----------------------------



1
(9 Misc. Rep. 337.)

#### DENSLOW v. BUSH et al.

(Superior Court of New York City, General Term.

July 2, 1894.)

Appeal—When Lies—Ruling- on Demurrer.

An order sustaining a demurrer is not appealable where no interlocutory or final judgment has been entered.

Appeal from special term.

Action by Van Burén Denslow against Sazah M. Bush and others. Prom an order sustaining a demurrer to the complaint, plaintiff appeals.

Dismissed.

Argued before FREEDMAN and McADAM, JJ.'

R. H. Griffin, for appellant.

Carter, Hughes & Kellogg, for respondents.

McADAM, J.

The special term judge made an order sustaining the demurrer interposed to the complaint, with leave to the plaintiff to amend on payment of costs. No interlocutory or final judgment has been entered. The appeal is from the order only, and such an appeal will not lie. Bank v. Lynch, 76 N. Y. 514; Whitman v. Nichols, 16 Abb. Pr. (N. S.) 329; Lacustrine Fertilizer Co. v. Lake Guano & S. F. Co., 16 Hun, 484; Gamer v. Harmony Mills, 6 Abb. N. C. 212, 45 N. Y. Super. Ct. 148; Bell v. Sun Co., 1 N. Y. Law Bui. 29; Trust Co. v. Pratt, 25 Hun, 23,-—and similar cases. For these reasons, the appeal must be dismissed, with costs.
Exhibit 32.2



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
China Natural Gas, Inc. (the "Company") on Form 10-K for the fiscal year ended December 31, 2011 as filed with the Securities
and Exchange Commission on the date hereof (the "Report"), I, Bode Xu, certify, pursuant to 18 U.S.C. ss. 1350,
as adopted pursuant to ss. 906 of the Sarbanes-Oxley Act of 2002, that to my knowledge:



(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: April 2, 2012



| | /s/ Bode Xu                                        
| | ---------------------------------------------------
| | Bode Xu, Principal Financial and Accounting Officer