alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
**Exhibit 10.2**

**TITANMACHINERY INC.**

**Descriptionof Executive Bonus Plan**

** **

TitanMachinery Inc.’s Executive Bonus Plan (the “Plan”) is designed to rewardexecutive officers for achievement of performance relating to Titan’s goals andachievement of personal goals annually set by the Compensation Committee.

 

OurChief Executive Officer and President-Chief Financial Officer may earn apotential bonus of up to 200% of his or her base salary in a fiscal year andeach other named executive officer may earn a potential bonus of up to 70% ofhis or her base salary depending on such person’s position.  The Plan provides that 40% of the eligiblebonus for our named executive officers is based upon achievement of Titan’sannual pre-tax net income goal, 20% is based on achievement of Titan’s annualtotal sales goal and 20% is based on Titan’s annual return on assets goal.  The remaining 20% of the eligible bonus isbased upon achievement of personal position-specific goals approved by theCompensation Committee after consultation with the named executiveofficers.  The personal position-specificgoals for the named executive officers may relate to respective departmentpersonnel development, execution of strategies related to acquisitions, realestate, financing and investments, internal and external reporting, orimplementation of unique position-specific projects that may vary annually.

 

Theannual bonus will be paid 100% in cash.

 

----
AEGIS SEF | 2829 Technology Forest Boulevard, Suite 260 | The Woodlands, Texas 77381

Chapter 1166

Natural Gas Index Swaps - TCO - Platts Gas Daily Platts Inside FERC

DESCRIPTION

A monthly cash settled swap based upon the mathematical result of subtracting the price 

published by Platts Inside FERC TCO, for Floating Price B, from the average of the daily prices 

published by Platts Gas Daily TCO, for Floating Price A.

FLOATING PRICE A

The Floating Price for each contract month will be equal to the arithmetic average of the Platts 

Gas Daily TCO published price for each calendar day of the corresponding contract month.

FLOATING PRICE B

The Floating Price for each contract month will be equal to the Platts Inside FERC TCO published 

price for the corresponding contract month.

CONTRACT UNIT AND VALUE

The contract unit shall be MMBtus (million British thermal units). Each shall be valued as the 

contract quantity multiplied by the settlement price.

LISTING CYCLE

Up to 120 consecutive monthly contract periods.

PRICES AND FLUCTUATIONS

Prices shall be quoted in U.S. dollars and cents per MMBtu. The minimum price fluctuation shall 

be $0.001 per MMBtu. The minimum price increment will be $0.0001. There shall be no 

maximum price fluctuation.

TERMINATION OF TRADING

Posting of transactions shall cease on the last business day of the contract month.

FINAL SETTLEMENT

Delivery under the contract shall be by cash settlement. Final settlement, following termination 

of posting for a contract month, will be based on the Floating Price. The final settlement price 

will be the Floating Price calculated for each contract month.
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 Quarterly Report on Form 10-Q of SinoHub, Inc. (the “Company”) for the quarter ending March 31, 2011 as filed with the Securities and Exchange Commission on the date hereof (the “Report”), Henry T. Cochran, Chief 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 to his 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.








Dated: May 16, 2011
By:
/s/ Henry T. CochranHenry T. CochranChief Executive Officer
# EXHIBIT 5.1

ROBINS, KAPLAN, MILLER & CIRESI L.L.P.
2800 LaSalle Plaza
800 LaSalle Avenue
Minneapolis, MN 55402-2015

July 28, 2006

MTS Systems Corporation
14000 Technology Drive
Eden Prairie, MN 55344

| | Re: |  | Registration Statement on Form S-8
MTS Systems Corporation 2006 Stock Incentive Plan
Registration of 2,500,000 shares of Common Stock
| | --- |  | -------------------------------------------------------------------------------------------------------------------------------------

Ladies and Gentlemen:

This opinion is furnished in
connection with the registration under the Securities Act of 1933 on Form S-8 of 2,500,000 shares of Common Stock, $.25 par value,
of MTS Systems Corporation (the Company) offered pursuant to the MTS Systems Corporation 2006 Stock Incentive Plan
(the Plan).

We advise you that it is our
opinion, based on our familiarity with the affairs of the Company and upon our examination of pertinent documents, that the
2,500,000 shares of Common Stock to be issued by the Company pursuant to the Plan will, when paid for and issued, be validly
issued and lawfully outstanding, fully paid and nonassessable shares of Common Stock of the Company.

The undersigned hereby
consents to the filing of this opinion with the Securities and Exchange Commission as an Exhibit to the Registration Statement
with respect to said shares of Common Stock under the Securities Act of 1933.

| | Sincerely,/s/   ROBINS, KAPLAN, MILLER & CIRESI L.L.P.
| | ------------------------------------------------------

---
FOIA CONFIDENTIAL TREATMENT REQUESTED

September 12, 2023

(Submitted electronically via the CFTC Portal) 

Assistant Secretary of the Commission 

FOIA, Privacy and Sunshine Acts Compliance 

Commodity Futures Trading Commission

Three Lafayette Centre, 8th Floor

1155 21st Street, N.W.

Washington, DC 2058

Re: FOIA Confidential Treatment Request - ICE Risk Model 1 and ICE Risk Model 2 Concentration 

Charges -- Submission Pursuant to Section 5c(c)(1) of the Commodity Exchange Act and 

Commission Regulation 40.6(a)

Dear FOIA Compliance Staff:

In conjunction with the self-certification submitted today via the CFTC Portal by ICE Clear U.S., Inc. ("ICUS”), 

pursuant to Section 5c(c)(1) of the Commodity Exchange Act (“CEA”) and Commission Regulation 40.6(a), ICUS 

respectfully requests Confidential Treatment for all information attached to the submission until further notice, 

as more specifically described below.

***********************

Under the Freedom of Information Act (“FOIA”), 5 USC Section 552, Section 809(g) of the Dodd-Frank Wall 

Street Reform and Consumer Protection Act and pursuant to Commission Regulation 145.9(d)(5) and any other 

applicable regulations under or implementing FOIA, ICUS hereby respectfully requests that confidential 

treatment be maintained for the document, bates stamped ICUS 2023 09 12 - 000001 to 000066, until further 

notice. ICUS also requests that the Commission notify the undersigned immediately after receiving any FOIA 

request for such documents or any other court order, subpoena or summons for the same. Finally, ICUS 

requests that it be notified in the event the Commission intends to disclose such documents to Congress or to 

any other governmental agency or unit pursuant to Section 8 of the CEA or other applicable law. ICUS does not 

waive its notification rights under Section 8(f) of the CEA or other applicable law with respect to any subpoena 

or summons for such document(s).

The basis for the request is that disclosure of these document(s) would reveal confidential commercial and 

financial information of ICUS, the disclosure of which could have a material adverse effect on, and cause injury 

to, the operations and competitive position of ICUS. This request is not to be construed as a waiver of any other 

protection from disclosure or confidential treatment accorded by law, and ICUS will rely on and invoke any such 

confidentiality protection.

***********************
If you should have any questions or require further information, please contact me at (212) 748-3964 or 

Eamonn.Hahessy@ice.com.

Sincerely, 

Eamonn Hahessy

General Counsel and Chief Compliance Officer

ICE Clear U.S., Inc.
ex4-2.htm


 


Exhibit 4.2


 


 



AMENDMENT 2010-1







to the







VALEANT PHARMACEUTICALS INTERNATIONAL 2006 EQUITY INCENTIVE PLAN







WHEREAS, the Board of Directors of the Company has approved the amendment of the Plan as set forth herein, subject to approval by the Company’s stockholders.







NOW, THEREFORE, in accordance with the foregoing, effective upon approval by the Company’s stockholders at the 2010 Annual Meeting, the Plan is hereby amended as follows:







1. Section 3(e) of the Plan is hereby amended in its entirety to read as follows:







“Subject to the provisions of Section 9(a) relating to Capitalization Adjustments, at such time as the Company may be subject to the applicable provisions of Section 162(m) of the Code, no Employee shall be eligible to be granted during any calendar year Stock Awards whose value is determined by reference to an increase over an exercise or strike price of at least one hundred percent (100%) of the Fair Market Value of the Common Stock on the date the Stock Award is granted covering more than Five Million (5,000,000) shares of Common Stock.”







2. The fourth sentence of Section 6(d)(i) of the Plan is hereby amended in its entirety to read as follows:







“The maximum number of shares that may be issued to any Participant in a calendar year attributable to Stock Awards described in this Section 6(d)(i) shall not exceed Five Million (5,000,000) shares of Common Stock.”







3. The fourth sentence of Section 6(d)(ii) of the Plan is hereby amended in its entirety to read as follows:







“The maximum value that may be granted to any Participant in a calendar year attributable to cash awards described in this Section 6(d)(ii) shall not exceed Ten Million dollars ($10,000,000).”







4. In all respects not amended, the Plan is hereby ratified and confirmed.







IN WITNESS WHEREOF, to record the adoption of this Amendment 2010-1 to the Plan, the Company has caused the execution of this instrument on this 3rd day of March, 2010.









	
VALEANT PHARMACEUTICALS INTERNATIONAL,


	 
	 
	
By:


	 	
	  	Name:   	
Steve T. Min


	  	Title: 	
Executive Vice President, General Counsel


and Corporate Secretary
EXHIBIT 32.1





CERTIFICATIONS


PURSUANT TO


18 U.S.C. SECTION 1350 AS ADOPTED PURSUANT TO SECTION 906


OF THE SARBANES-OXLEY ACT OF 2002





Pursuant to 18 U.S.C. Section 1350 as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, each of the undersigned officers of Zurvita Holdings, Inc. (the Company), does hereby certify, to such officer’s knowledge, that:





The Quarterly Report on Form 10-Q for the period ending January 31, 2011 (the “Form 10-Q”) of the Company fully complies with the requirement of section 13(a) or 15(d) of the Securities Exchange Act of 1934 and the information contained in the Form 10-Q fairly presents, in all material respects, the financial condition and results of operations of the Company.








Dated: March 17, 2011
/s/Jay Shafer

Jay Shafer

Co-Chief Executive OfficerDated: March 17, 2011
/s/Jason Post

Jason Post

Chief Financial Officer
# C_2020019EN.01003902.xml

| 20.1.2020 | EN | Official Journal of the European Union | C 19/39 |
| --- | --- | --- | --- |

20.1.2020

EN

Official Journal of the European Union

C 19/39

---

Order of the President of the Court of 16 July 2019 (request for a preliminary ruling from the Tribunale ordinario di Roma — Italy) — Società Italiana degli Autori ed Editori (S.I.A.E.) v Soundreef Ltd

(Case C-781/18) (1)

(2020/C 19/43)

Language of the case: Italian

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

---

(1)  OJ C 112, 25.3.2019.

---
#### Raymond EHRMAN, Appellant v. UNITED STATES of America, et al., Appellees.

No. 12-5324.

United States Court of Appeals, District of Columbia Circuit.

April 15, 2013.

Rehearing En Banc Denied June 14, 2013.

Raymond Ehrman, Freeman, SD, pro se.

R. Craig Lawrence, U.S. Attorney’s Office, Washington, DC, for Appellees.

BEFORE: GARLAND, Chief Judge, and TATEL and BROWN, Circuit Judges.

*JUDGMENT*

PER CURIAM.

This appeal was considered on the record from the United States District Court for the District of Columbia and on the brief and supplement filed by appellant. It is

ORDERED AND ADJUDGED that the district court’s order filed September 26, 2012, be affirmed. The district court properly concluded that it lacked subject matter jurisdiction to grant relief in matters currently pending in the United States District Court for the District of South Dakota. *Cf. Celotex Corp. v. Edwards,*514 U.S. 300, 313, 115 S.Ct. 1493, 131 L.Ed.2d 403 (1995); *Prentice v. U.S. District Court for the Eastern District of Michigan,*307 Fed.Appx. 460 (D.C.Cir.2008) (per curiam).

Pursuant to D.C. Circuit Rule 36, this disposition will not be published. The Clerk is directed to withhold issuance of the mandate herein until seven days after resolution of any timely petition for rehearing or petition for rehearing en banc. *See*Fed. R.App. P. 41(b); D.C.Cir. Rule 41.
Unassociated Document


    


    EXHIBIT
10-01

    HIDENET SECURE
ARCHITECTURES, INC. (the
"Company")

     

    CONSENT
TO ACT AS DIRECTOR

     

    I hereby
consent to act as a director, President, Secretary, and Treasurer of the Company
and acknowledge that I am not disqualified to become or to act as a director
under Chapter 78 of the Nevada Revised Statutes.

     

    I hereby
confirm that:

     

    1. I am
not under the age of 18 years;

     

    2. I have
not been found by a court, in the United States of America or elsewhere,
to be incapable of managing my own affairs;

     

    3. I am
not an undischarged bankrupt; and

     

    4. I have
not been convicted in or out of New Jersey of an offence in connection with the
promotion, formation or management of a corporation or unincorporated business,
or of an offence involving fraud.

     

     

    In
addition, the undersigned hereby consents to the holding of any meeting of the
directors or of a committee of the directors of the Company by means of such
telephonic, electronic or other communication facility, as permit all persons
participating in the subject meetings to communicate adequately with each
other.

    


    This
consent shall continue in effect from year to year so long as the undersigned is
re-elected to the board of directors, provided that in the event that the
undersigned revokes this consent or resigns from the board of directors, this
consent shall cease to have effect from the date of receipt in writing by the
Company of such revocation or resignation, as the case may be, or, if the
latter, the effective date of such resignation.

     

    DIRECTORS
HAVE SUBSTANTIAL DUTIES AND OBLIGATIONS AND MAY BE SUBJECT TO SIGNIFICANT
LIABILITIES. THE PERSON SIGNING THIS CONSENT SHOULD OBTAIN INDEPENDENT
LEGAL ADVICE.

     

    
      	 
      	 
      
	
              Dated

            	
              09/28/10

            
	
              Print
      name

            	
              Tony
      Beyer

            
	
              Address

            	
              2737
      Faxon Dr.

              Plano,
      Texas 75025

               

            
	
              Signature

            	
              /s/:
      Tony Beyer
#### Tony Perpignan, Appellant, v First Franklin Financial Corp., Respondent.

Submitted February 14, 2012;

decided April 3, 2012

Reported below, 87 AD3d 1117.

Motion for leave to appeal dismissed upon the ground that the order sought to be appealed from does not finally determine the action within the meaning of the Constitution.
#### Thomas Ryion et al., Appellants, v Len-Co Lumber Corp., Respondent and Third-Party Plaintiff, et al., Third-Party Defendant.

Judgment unanimously affirmed without costs. Memorandum: The testimony of defendant’s expert was properly admitted. The court sustained plaintiffs’ objection to the expert’s reference to a test report not in evidence and *979instructed the jury to ignore all references to such report. An expert may express an opinion based upon assumed facts in the form of a hypothetical question so long as the facts assumed are fairly inferable from the facts adduced on the record or based on facts personally known to the expert *(see,*Richardson, Evidence §§ 369-370 [Prince 10th ed]). The testimony of defendant’s expert met that standard.

It was error for the court to dismiss plaintiffs’ claim for breach of an implied warranty of merchantability at the close of proof. Nevertheless, the claim for breach of the implied warranty of merchantability is indistinguishable from the claim for strict products liability which was submitted to the jury *(see, Heller v U. S. Suzuki Motor Corp.,*64 NY2d 407, 410-411; *Mendel v Pittsburgh Plate Glass Co.,*25 NY2d 340, 345, *rearg denied*26 NY2d 751). Because plaintiffs’ products liability claim was submitted to the jury and the jury found that there was no product defect, the court’s error in failing to submit the implied warranty claim is harmless.

Plaintiffs’ contention that the verdict was the result of juror misconduct must also be rejected. The jury’s alleged misapprehension of a concept which was correctly charged by the court does not require reversal *(see, Wylder v Viccari,*138 AD2d 482, 483-484). Setting aside the jury verdict in such circumstances would violate the rule against permitting a juror to impeach his own verdict *(Kaufman v Lilly & Co.,*65 NY2d 449, 460; *Alford v Sventek,*53 NY2d 743, 744). (Appeal from judgment of Supreme Court, Erie County, Forma, J. — breach of warranty; negligence.) Present — Denman, J. P., Boomer, Pine, Balio and Lawton, JJ.
**EXHIBIT 32.2**

 

**CERTIFICATIONPURSUANT TO 18 U.S.C. SECTION 1350,**

**ASADOPTED PURSUANT TO**

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

 

In connection with the Quarterly Report of TitanMachinery (the “Company” ) on Form 10-Q for the quarter ended October 31,2007 as filed with the Securities and Exchange Commission (the “Report”), I,Peter J. Christianson, Chief Financial Officer of the Company, certify,pursuant to 18 U.S.C. §1350, as adopted pursuant to §906 of the Sarbanes-OxleyAct of 2002, that:

 

The Report fully complies with the requirements of Section 13(a) or15(d) of the Securities Exchange Act of 1934; and

 

The information contained in the Report fairlypresents, in all material respects, the financial condition and results ofoperations of the Company.

 

 

Date: January 11, 2008

 

 
|   | /s/ Peter J. Christianson |   |
|--------|---------------------------|--------|
|   | Peter J. Christianson,    |
|   | Chief Financial Officer   |

 

 

----
AEGIS SEF | 2829 Technology Forest Boulevard, Suite 260 | The Woodlands, Texas 77381

May 1, 2023

Submitted via Portal

Mr. Christopher J. Kirkpatrick

Office of the Secretariat

U.S. Commodity Futures Trading Commission

Three Lafayette Centre

1155 21st Street, N.W.

Washington, D.C. 20581

Re: Confidential Treatment Request – Exhibit B - AEGIS SEF Self Certification

Dear Sir:

AEGIS SEF, LLC (“AEGIS SEF”) hereby requests that the U.S. Commodity Futures Trading

Commission (the “Commission”) accord confidential treatment to Exhibit B (“Exhibit”), which 

were submitted to the Commission as 40.2 Listing products for trading by certification on this 

date. This request pertains to all material in the Exhibit. The Exhibit bears the designation 

“Confidential Treatment Requested by AEGIS SEF, LLC.”

This request for confidential treatment is made pursuant to Commission Regulations 40.8, as 

Exhibit contains information that would reveal the trade secrets or confidential commercial or 

financial information of AEGIS SEF and its affiliates. 

Please contact the undersigned at 832-413-5973 or afurman@aegis-hedging.com with any 

questions regarding this matter.

Andrew Furman

Chief Compliance Officer

AEGIS SEF, LLC

2829 Technology Forest Blvd

Suite 260

The Woodlands, TX 77381
#### The People of the State of New York, Respondent, v William Moore, Appellant.

[875 NYS2d 177]

— Appeal by the defendant from a judgment of the Supreme Court, Richmond County (Collini, J.), rendered December 22, 2006, convicting him of burglary in the second degree and grand larceny in the fourth degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

A defendant is not entitled to the submission of a lesser-included offense *(see*CPL 1.20 [37]) unless, viewing the evidence in the light most favorable to the defendant *(see People v Martin,*59 NY2d 704, 705 [1983]), there is a reasonable view of the evidence under which the jury could conclude that the defendant committed the lesser offense, but not the greater *(see People v Glover,*57 NY2d 61, 63 [1982]; *People v Figueroa,*57 AD3d 1003 [2008]; *People v Mendez,*51 AD3d 948, 949 [2008]). Where, however, such a conclusion would require the jury to resort to speculation, a court does not err in refusing to submit the lesser-included offense *(see People v Butler,*84 NY2d 627, 631, 632 [1994]; *People v Rivera,*2 AD3d 542, 543 [2003]). Here, the court did not err in refusing the defendant’s request to submit criminal trespass in the second degree as a lesser-included offense of burglary in the second degree, inasmuch as there was no reasonable view of the evidence under which, at the time the defendant entered the complainants’ house, he did not intend to commit a crime inside *(see*Penal Law § 140.25 [2]; *People v Mendez,*51 AD3d at 949; *People v Murdaugh,*38 AD3d 918, 919 [2007]; *People v Archer,*25 AD3d 619 [2006]).

The challenged comments in the prosecutor’s summation, to the extent that they were improper, were not unduly prejudicial and, thus, do not require reversal *(see People v Pinkney,*48 AD3d 707, 708 [2008]; *cf. Portuondo v Agard,*529 US 61 [2000]).

Under the particular circumstances of this case, the sentence *788imposed was not excessive *(see People v Suitte,*90 AD2d 80 [1982]). Rivera, J.P., Fisher, Leventhal and Chambers, JJ., concur.