alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
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), so we reject the request for

oral argument.

NOT FOR PUBLICATION

UNITED STATES COURT OF APPEALS

 FOR THE NINTH CIRCUIT

ANGEL DIEGO PEÑA,

 Petitioner,

 v.

ERIC H. HOLDER, Jr., Attorney General,

 Respondent.

No. 10-72616

Agency No. A072-673-543

MEMORANDUM*

On Petition for Review of an Order of the

Board of Immigration Appeals

Submitted February 11, 2013** 

Before: FERNANDEZ, TASHIMA, and WARDLAW, Circuit Judges.

Angel Diego Peña, a native and citizen of Guatemala, petitions for review of

the Board of Immigration Appeals’ (“BIA”) order dismissing his appeal from an

immigration judge’s (“IJ”) decision denying his application for asylum,

FILED

FEB 13 2013

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS
2 10-72616

withholding of removal, and protection under the Convention Against Torture

(“CAT”). Our jurisdiction is governed by 8 U.S.C. § 1252. We review for

substantial evidence, INS v. Elias-Zacarias, 502 U.S. 478, 481 (1992), and we

deny in part and dismiss in part the petition for review.

Substantial evidence supports the BIA’s denial of Diego Peña’s asylum

claim because Diego Peña failed to establish the harm he suffered or fears is on

account of a protected ground. See id. at 482-84; see also Molina-Morales v. INS,

237 F.3d 1048, 1052 (9th Cir. 2001) (personal retribution is not persecution on

account of a protected ground). Accordingly, his asylum and withholding of

removal claims fail. See Ochoa v. Gonzales, 406 F.3d 1166, 1172 (9th Cir. 2005).

Further, substantial evidence supports the agency’s denial of CAT relief

because Diego Peña failed to establish a likelihood of being tortured in Guatemala. 

See Santos-Lemus v. Mukasey, 542 F.3d 738, 747-48 (9th Cir. 2008).

We lack jurisdiction to consider Diego Peña’s humanitarian asylum claim

because he did not exhaust it before the BIA. See Segura v. Holder, 605 F.3d

1063, 1066 (9th Cir. 2010) (broad statements in notice of appeal and brief were

insufficient to put the BIA on notice of petitioner’s claim). Further, we decline to

consider Diego Peña’s contentions regarding the BIA’s citation to incorrect and

excluded evidence because he raised them for the first time in his reply brief. See
3 10-72616

Cedano-Viera v. Ashcroft, 324 F.3d 1062, 1066 n.5 (9th Cir. 2003). Finally, in

light of the agency’s nexus finding, the BIA did not err by not addressing Diego 

Peña’s contentions regarding the IJ’s misstatements to the expert and problems

with the transcript.

 PETITION FOR REVIEW DENIED in part; DISMISSED in part.
(309103363.2 )

 (309103363.2 )
CERTIFICATION PURSUANT TO 18 U.S.C. SECTION 1350, AS ADOPTED PURSUANT TO SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002 

I, Lance Friedman, hereby certify, pursuant to 18 U.S.C.Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of2002, that: 

| (1) 
the Quarterly Report on Form 10-Q of Osler Inc. for the period ended	December 31, 2008 (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 Osler Inc.
Dated: February 23, 2009    

 
 /s/ Lance Friedman Lance Friedman  President, Chief Executive Officer and Director     (Principal Executive Officer, Principal    Financial Officer  and Principal Accounting Officer)	 Osler Inc. 
 

A signed original of this written statement required bySection 906, or other document authenticating, acknowledging, or otherwiseadopting the signature that appears in typed form within the electronic versionof this written statement required by Section 906, has been provided to OslerInc. and will be retained by Osler Inc. and furnished to theSecurities and Exchange Commission or its staff upon request. |
|--------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|
Case 1:07-cv-05562-AKH Document 25 Filed 05/27/2008 Page 1 of 1
ICAP-2017-R-3

June 20, 2016
Submitted via CFTC Portal

Division of Market Oversight

U.S. Commodity Futures Trading Commission
Three Lafayette Centre

1155 21st Street, N.W.

Washington, D.C. 20581

Re: ICAP SEF (US) LLC —Rule Amendments - Amended Rulebook
Ladies and Gentlemen:

Pursuant to Section Sc(c) of the Commodity Exchange Act (the “Act”) and Section 40.6(a) of the
regulations of the Commodity Futures Trading Commission (the “Commission"), ICAP SEF (US) LLC
(‘ICAP SEF”) hereby notifies the Commission that it has amended its Rulebook, specifically Rule 303(c).
The Rulebook has been amended to reflect Commission No-Action Letter (“NAL”) 16-76.

A concise explanation and analysis of the amendments to the Rulebook and their compliance with
applicable provisions of the Act and the Commission's regulations thereunder is attached hereto as
Exhibit A. A clean copy of the amended Rulebook exclusive of confidential Chapter 9 is attached hereto
as Exhibit B and a copy of the Rulebook exclusive of confidential Chapter 9 marked to show changes
against the version last submitted to the Commission in is attached hereto as Exhibit C.

The amendments will become effective on June 30, 2017. ICAP SEF certifies that the amendments
comply with the requirements of the Commodity Exchange Act and the rules and regulations promulgated
thereunder. ICAP SEF has reviewed the swap execution facility core principles ("Core Principles”) as set
forth in the Commodity Exchange Act and has determined that the amendments impact the Core
Principles identified in Exhibit A.

ICAP SEF is not aware of any substantive opposing views expressed with respect to this filing and
certifies that, concurrent with this filing, a copy of this submission was posted on the ICAP SEF website
and may be accessed at: http:/Avww.icap.com/what-we-do/global-broking/sef.aspx.

Please contact the undersigned at (201) 984-6956 with any questions regarding this matter

Very truly yours,

Brian Donnelly
Chief Compliance Officer

ICAP SEF (US) LLC
1100 Plaza Five
Jersey City, NJ 07311


Exhibit A
Explanation and Analysis

1. On March 24, 2017 the Commission published NAL 17-17, which extended the relief previously
provided in NAL 16-25 to the date of publication of a CFTC regulation establishing a permanent
confirmation solution for uncleared transactions, References in Rule 312(c)(4) and (5) to NAL 16-
25 have been changed to NAL 17-17.

The amendments are consistent with Core Principle 2 and NAL 17-17.

2. On May 30, 2017 the Commission published NAL 17-27, which extended the relief previously
provided in NAL 16-58 to the date of publication of a CFTC regulation establishing a permanent
solution addressing clerical and operational errors in swaps executed on a swap execution
facility. Reference in Rule 315(i) to NAL 16-58 has been changed to NAL 17-27.

The amendments are consistent with Core Principle 2 and NAL 17-27.
Exhibit 10.1(b)


             Schedule of Secured Convertible Note (demand) Issued by
             NCT Group, Inc. to Carole Salkind on December 22, 2005



    Issue Date        Due Date           Principal          Conversion Price
    ----------        --------           ---------          ----------------
     12/22/05        Earlier of:          $375,000      Greater of: (i) $0.0037;
                     (i) demand;                        or (ii) the par value of
                     or (ii) 06/22/06                   NCT Group, Inc.
                                                        common stock on the date
                                                        of conversion
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 on Form 10-K of WNC Housing Tax Credit
Fund VI, L.P., Series 9 (the "Partnership") for the year ended March 31, 2005 as
filed with the  Securities  and  Exchange  Commission  on the date  hereof  (the
"Report"),  and  pursuant to 18 U.S.C.,  section  1350,  as adopted  pursuant to
section  906 of the  Sarbanes-Oxley  Act of  2002,  I,  Thomas  J.  Riha,  Chief
Financial Officer of WNC & Associates, Inc., general partner of the Partnership,
hereby certify that:

1.   The Report fully complies with the  requirements  of section 13(a) or 15(d)
     of the  Securities  Exchange  Act of 1934,  except to the extent  that such
     provisions   require  the  filing  of  an  opinion  of  registiered  public
     accountants to accompany the Partnership's financial statements; and

2.   The information  contained in the Report fairly  presents,  in all material
     respects,   the  financial  condition  and  result  of  operations  of  the
     Partnership.




/s/THOMAS J. RIHA
-----------------
Thomas J. Riha
Senior Vice-President - Chief Financial Officer of WNC & Associates, Inc.
December 9, 2005
# C_2017178EN.01003404.xml

| 6.6.2017 | EN | Official Journal of the European Union | C 178/34 |
| --- | --- | --- | --- |

6.6.2017

EN

Official Journal of the European Union

C 178/34

---

Order of the General Court of 6 April 2017 — TeamLava v EUIPO — King.com (Icônes animées)

(Case T-75/17)

(2017/C 178/55)

Language of the case: English

The President of the First Chamber has ordered that the case be removed from the register.

---
**Exhibit 99.1**

** **

**CERTIFICATION PURSUANT TO 18 U.S.C. SECTION 1350**

 

 

                Inconnection with the Form 10-K of INVESTools Inc. (the “Company”) as filed withthe Securities and Exchange Commission on the date hereof (the “Report”), I,Lee K. Barba, Chief Executive Officer, certify that the Report fully complieswith the requirements of Section 13(a) or 15(d) of the Securities Exchange Actof 1934, and that the information contained in the Report fairly presents, inall material respects, the financial condition and results of operations of theCompany.

 

 

 
|   | /s/ LEE K. BARBA |
|--------|------------------|
|   | Lee K. Barba     |
|   | March 18, 2003   |
|   |             |

 

 

----
Exhibit


                                                                            EXHIBIT
      10.1

    


    Summary
      of Talk America Holdings, Inc. Non-Employee Director Compensation

    (Effective
      as of January 1, 2006)

    


    Cash
      Compensation

    


    Annual
      Retainer:                                                   
$40,000

    


    Annual
      Chair Fees:

    


      Non-Employee
      Chairman of the
      Board           
$40,000

    Audit
      Committee
      Chair                
$
      5,000

    


    Equity
      Compensation

    


    Each
      year, non-employee directors may receive award(s) for a number of shares granted
      by the Board. Subject to limits in the various Company Plan terms, the Board
      has
      the discretion to determine the form and terms of awards to non-employee
      directors.

    


    Other
      Information

    


    Non-employee
      directors' compensation is paid based on a January to December annual period.
      The cash annual retainer and annual Chairman of the Board fees are each paid
      in
      equal quarterly installments; the Audit Committee Chair fee is payable in one
      lump sum. Talk America Holdings, Inc. reimburses directors for their travel
      and
      related expenses in connection with attending Board and Board committee meetings
      and Board- and committee-related activities. The non-employee Chairman of the
      Board is also provided with access to and use of an office and related services
      in the Company’s offices and cellular phone service and, provided with, or
      reimbursed for the costs of, health benefits comparable to those provided to
      senior executive officers of the Company.
Case 1:07-cv-05860-LTS Document 1 Filed 06/20/2007 Page 1 of 3
Case 1:07-cv-05860-LTS Document 1 Filed 06/20/2007 Page 2 of 3
Case 1:07-cv-05860-LTS Document 1 Filed 06/20/2007 Page 3 of 3
Case 1:07-cv-05862-RJH     Document 10      Filed 08/13/2007     Page 1 of 1
EX-10.1



 






EXHIBIT 10.1




Regent Communications, Inc.

Schedule of Director Compensation




     Effective January 1, 2006, each non-management director of Regent Communications, Inc. will
receive an annual retainer of $12,000. No additional fees are paid for attending any meetings of
the Board. Directors are reimbursed for reasonable out-of-pocket expenses incurred by him in
connection with his duties as a director, including attending meetings of the Board and any
committees thereof. The independent Chairman of the Board will receive an annual retainer of
$15,000. The chair of the Audit Committee, Compensation Committee and Nominating and Corporate
Governance Committee receives an additional annual cash retainer of $10,000, $5,000 and $5,000,
respectively, for the additional services required of the Committee chair. Non-management
directors that serve on a committee receive $2,000 for each committee meeting that they attend in
person and $1,000 for each committee meeting they attend by telephone. All fees are paid to
directors in quarterly installments. Directors who are employees of Regent receive no additional
fees for serving as a director.



     Each non-management director currently receives 5,000 stock options annually, as of the annual
meeting of stockholders, for service as a director in accordance with the Regent 2001 Directors
Stock Option Plan. Subject to stockholder approval at the 2006 Annual Meeting of Stockholders of a
new or amended incentive plan permitting the award of restricted stock to directors, the Board of
Directors has approved the award of 5,000 shares of restricted stock to each non-management
director commencing for the term of directors immediately following the 2006 Annual Meeting. Such
awards are to be in lieu of the stock options that would otherwise have been granted to the
non-management directors.
1 July 2022

US Commodity Futures Trading Commission

Attention: FOIA Compliance Office

Three Lafayette Centre

1155 21st Street, NW

Washington, DC 20581

RE: FOIA Request for Confidential Treatment

Dear Sir/Madam:

In accordance with Commission Regulation 145.9(d), LCH SA (“LCH”) respectfully requests 

confidential treatment under the Freedom of Information Act (the “FOIA”), 5 U.S.C. § 552, for the

following LCH SA documents attached to the self-certification submission filed on today: Reference 

Guide: CDSClear Margin Framework (V3.13) (the “Information”).

LCH SA is requesting confidential treatment for the Information pursuant to Commission Regulation 

145.9(d)(ii), which provides that confidential treatment may be requested on the grounds that 

disclosure would reveal trade secrets or confidential commercial or financial information. LCH

further requests that the Information receives confidential treatment in perpetuity.

This request is not to be construed as a waiver of any other protection from disclosure or confidential 

treatment accorded by law, and LCH will rely on and invoke any such confidentiality protection. LCH

SA requests notification from the Commission in advance of any disclosure of the Information 

pursuant to the FOIA or the Commission’s Rules of Practice so that this request for confidential 

treatment may be substantiated.

Yours sincerely,

Francois Faure

Chief Compliance Officer

francois.faure@lseg.com

+33 1 70 37 65 96
January 26, 2023

VIA CFTC PORTAL 

Commodity Futures Trading Commission

Attention: Chris Kirkpatrick, Secretary

Three Lafayette Centre

1155 21st Street, NW

Washington, DC 20581

Re: CFTC Regulation 40.6(a) Certification: Amendments to the Exchange and Clearing

Transaction Fee Schedule for Nodal Exchange

Dear Mr. Kirkpatrick:

Pursuant to Commodity Futures Trading Commission (“Commission” or “CFTC”) Regulation 40.6(a), Nodal Clear, LLC 

(“Nodal Clear”) hereby notifies the Commission that it plans to amend its Exchange and Clearing Transaction Fee

Schedule (“Fee Schedule”) for certain Nodal Exchange environmental contracts. The Fee Schedule shall become 

effective on February 9, 2023. Attached hereto is the Fee Schedule that will be applicable for Nodal Exchange futures

and options cleared at Nodal Clear.

1

The Fee Schedule is being revised to provide the fees for new environmental contracts to be launched by Nodal 

Exchange.

Nodal Clear management has assessed the Fee Schedule and its compliance with applicable provisions of the 

Commodity Exchange Act (“CEA”), including the Commission’s Regulations and DCO Core Principles. Nodal Clear 

has identified that the Fee Schedule may have some bearing on the following Core Principles:

Core Principle B - Financial Resources: The Fee Schedule will not impact Nodal Clear’s ability to discharge its financial, 

operational, or managerial responsibilities as a DCO.

Core Principle L - Public Information: As required by Core Principle L, Nodal Clear is publicly posting this selfcertification letter on its website to ensure that market participants receive advance notice of the Fee Schedule. On 

the effective date of the Fee Schedule, the Fee Schedule will be posted on the Nodal Clear website. 

Pursuant to Section 5c(c)(1) of the CEA and the Commission’s Regulation 40.6(a), Nodal Clear certifies that the Fee 

Schedule set forth in the attachment complies with the CEA and the Commission’s Regulations thereunder. Nodal 

Clear is not aware of any opposing views expressed regarding the Fee Schedule. Nodal Clear certifies that this 

submission has been concurrently posted on the Nodal Clear website at www.nodalclear.com.

If you have any questions or need additional information regarding this submission, please contact me at 703-962-9864 

or alvarez@nodalexchange.com. 

Sincerely,

/s/Cody Alvarez

Cody Alvarez

Chief Compliance Officer

Corporate Counsel

Attachments:

Exchange and Clearing Transaction Fee Schedule (Redline)

1 Nodal Exchange, LLC is submitting a separate filing for exchange fees. Such fees are also reflected in the attachment.
EXHIBIT 4.3


 


DESCRIPTION
OF THE VIACOM INC. 401(K) PLAN


 


The Viacom
Inc. 401(k) Plan (“Plan”) is a tax-qualified defined contribution plan
for the benefit of eligible employees of Viacom Inc. (“Viacom”) and
certain of its subsidiaries.  Full-time
employees of Viacom who have turned 21 are eligible to participate in the Plan
immediately upon their date of hire. 
Under the terms of the Plan, a participant may elect to defer a portion
(from 1% to 15%) of his or her eligible compensation on a before-tax or after-tax
basis.  Participants may direct the
investment of their voluntary contributions among the investment options
offered under the Plan.  The investment
options include a number of mutual funds and commingled/institutional funds,
the Viacom Company Stock Fund and a self-directed account. Viacom will make a
performance-based matching contribution to a participant’s matching
contribution account with respect to the first 5% of eligible compensation
contributed by the participant.  Matching
contributions are made to the Viacom Company Stock Fund.  Participants may transfer matching
contributions in the Viacom Company Stock Fund to any of the other investment
options offered under the Plan. Participants vest in their matching
contribution account at the rate of 20% per year and are fully vested in their
matching contribution account after five years of service with Viacom.  Distributions under the Plan are generally
made only upon a participant’s retirement, termination of employment, death,
disability, or hardship.
# C_2009294EN.01000601.xml

| 3.12.2009 | EN | Official Journal of the European Union | C 294/6 |
| --- | --- | --- | --- |

3.12.2009

EN

Official Journal of the European Union

C 294/6

---

Commission notice concerning the quantity not applied for to be added to the quantity fixed for the subperiod 1 April to 30 June 2010 under certain quotas opened by the Community for products in the poultrymeat sector

2009/C 294/03

Commission Regulation (EC) No 616/2007 (1) opened tariff quotas for imports of products in the poultrymeat sector. The applications for import licences lodged during the first seven days of October 2009 for the subperiod 1 January to 31 March 2010 do not, for quotas 09.4212, 09.4214, 09.4216 and 09.4218, cover the quantities available. Pursuant to the second sentence of Article 7(4) of Commission Regulation (EC) No 1301/2006 (2), the quantities that were not applied for are to be added to the quantity fixed for the following quota subperiod, from 1 April to 30 June 2010; they are set out in the Annex to this notice.

1

2

---

(1)  OJ L 142, 5.6.2007, p. 3.

1

(2)  OJ L 238, 1.9.2006, p. 13.

2

---

ANNEX

| Quota order number | Quantities not applied for, to be added to the quantity fixed for the subperiod 1 April to 30 June 2010
  (in kg) |
| --- | --- |
| 09.4212 | 74 088 000 |
| 09.4214 | 11 977 776 |
| 09.4216 | 2 659 510 |
| 09.4218 | 9 276 800 |

Quota order number

Quantities not applied for, to be added to the quantity fixed for the subperiod 1 April to 30 June 2010

(in kg)

09.4212

74 088 000

09.4214

11 977 776

09.4216

2 659 510

09.4218

9 276 800

---
COURT OF APPEALS

EIGHTH DISTRICT OF TEXAS

EL PASO, TEXAS

CESAR SANTOS-GARCIA, 

 

 Appellant,

v.

THE STATE OF TEXAS,

 State.

§

§

§

§

§

§

§

No. 08-13-00324-CR

Appeal from the

120th District Court

of El Paso County, Texas 

(TC# 20120D04146)

O R D E R

The Court GRANTS the State’s third motion for extension of time within which to file 

the brief until September 4, 2014. NO FURTHER MOTIONS FOR EXTENSION OF TIME 

TO FILE THE STATE’S BRIEF WILL BE CONSIDERED BY THIS COURT.

It is further ORDERED that the Hon. Jaime E. Esparza, the State’s attorney, prepare the 

State’s brief and forward the same to this Court on or before September 4, 2014.

IT IS SO ORDERED this 23rd day of July, 2014.

PER CURIAM

Before McClure, C.J., Rivera and Rodriguez, JJ.
Michigan Supreme Court

Lansing, Michigan

Robert P. Young, Jr., Chief Justice

Michael F. Cavanagh

Stephen J. Markman

Mary Beth Kelly

Brian K. Zahra

Bridget M. McCormack

David F. Viviano, Justices

I, Larry S. Royster, Clerk of the Michigan Supreme Court, certify that the

foregoing is a true and complete copy of the order entered at the direction of the Court.

 November 21, 2013

Order 

Clerk

November 21, 2013

147515(91) 

_________________________________________ 

SC: 147515 

In re COH, ERH, JRG, KBH, Minors. COA: 309161 

Muskegon CC Family Division: 

 08-036989-NA 

_________________________________________/ 

On order of the Chief Justice, the motion of respondent-appellee to extend the time 

to file her brief on appeal is GRANTED. The brief will be accepted for filing if filed by 

5:00 p.m. Eastern Standard Time on November 29, 2013.