alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
**Exhibit 10.8**

**FIRST AMENDMENT**

**TO**

**2007 EQUITY COMPENSATION PLAN**

THIS FIRST AMENDMENT TO 2007 EQUITY COMPENSATIONPLAN (this “**First Amendment**”) is effective as of February 26, 2009. 

WHEREAS, the Board of Directors and stockholdersof DuPont Fabros Technology, Inc. (the “**Company**”) adopted the 2007 Equity Compensation Plan (the “**Plan**”) on October 18, 2007; and 

WHEREAS, pursuant to Article XV of the Plan, the Board of Directors of the Company adopted the following amendment to the Plan, which, pursuant to that Article, is not contingent on the approval of theCompany’s stockholders; 

1. Article I, Section 1.06 of the Plan is hereby amended and restated to read as follows:

“Change in Control” means (i) a Person is or becomes an Acquiring Person; (ii) the consummation of a transaction thatresults in the transfer to a Person of all or substantially all of the Company’s total assets on a consolidated basis, as reported in the Company’s consolidated financial statements; (iii) the consummation of a merger, consolidation,or statutory share exchange with a Person, regardless of whether the Company is intended to be the surviving or resulting entity after the merger, consolidation, or statutory share exchange, *other than* a transaction in which the holders ofthe Company’s voting securities immediately prior to the transaction own securities representing at least 50% (fifty percent) of the voting securities of such surviving entity or its parent, immediately after the closing of such transaction;(iv) the Continuing Directors cease for any reason to constitute a majority of the Board; (v) holders of the securities of the Company entitled to vote thereon approve a plan of complete liquidation of the Company or an agreement for thesale or liquidation by the Company of all or substantially all of the Company’s assets (or, if such approval is not required by applicable law and is not solicited by the Company, the commencement of actions constituting such a plan or theclosing of such an agreement); or (vi) the Board adopts a resolution to the effect that, in its judgment, as a consequence of any one or more transactions or events or series of transactions or events, a Change in Control of the Company haseffectively occurred. The Board shall be entitled to exercise its sole and absolute discretion in exercising its judgment and in the adoption of such resolution, whether or not any such transaction(s) or event(s) might be deemed, individually orcollectively, to satisfy any of the criteria set forth in subparagraphs (i) through (v) above. 

2. Unless specifically modifiedherein, all other terms and conditions of the Plan shall remain in effect.
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 of Koko, Ltd. (the “Company”) on Form 10-Q for the period ended March 31, 2011, as filed with the Securities and Exchange Commission on the date here of (the “report”), I, Gregory Ruff, Chief Executive Officer and 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:





(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 this Report fairly presents, in all material respects, the financial condition and results of operations of the Company.





Dated this 16th day of May, 2011.








GREGORY RUFFGregory RuffChief Executive Officer and Chief Financial Officer
**EXHIBIT
      32.1**





**CERTIFICATION
      OF CHIEF EXECUTIVE OFFICER**


**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 of First Quantum Ventures, Inc.
      (the  "Company")  on Form 10-Q for the
      quarter  ending September 30, 2007 as filed with
      the  Securities  and  Exchange  Commission  on
      the date  hereof  (the "Periodic
      Report"),  I, Emilio Jara,  Chief Executive Officer of the
      Company, certify,  pursuant to 18.U.S.C.  ss. 1350, as
      adopted pursuant to ss. 906 of the Sarbanes-Oxley Act of 2002,
      that:





1.
      The Periodic  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 Periodic Report fairly presents, in
      all material  respects,  the  financial  condition  and
      results of operations of the Company.







Date:
                November 13, 2007
            /s/
                Emilio JaraEmilio
                JaraChief
                Executive Officer andChief
                Financial Officer














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


This  certification  accompanies  the  Report  pursuant  to  Section  906
      of the Sarbanes-Oxley  Act of 2002 and  shall not be
      deemed  filed by the  Company  for purposes
      of Section 18 of the Securities Exchange Act of 1934, as amended.





A
      signed  original of this
      written  statement  required by Section 906, or
      other document authenticating, acknowledging, or otherwise adopting the
      signature that appears in typed form within
      the  electronic  version of this
      written  statement required by Section 906,  has
      been  provided to the Company and will be retained by the Company
      and furnished to the  Securities  and
      Exchange  Commission or its staff upon request.
**Exhibit 32**

 

OSGAMERICA L.P.

 

CERTIFICATION OF CHIEF EXECUTIVE OFFICER

AND CHIEF FINANCIAL OFFICER PURSUANT TO 18 U.S.C. SECTION 1350,

AS ADOPTED PURSUANT TO SECTION 906 OF THE SARBANES-OXLEY ACT 0F2002

 

Each of the undersigned, the Chief Executive Officerand the Chief Financial Officer of OSG America LLC (the “Company”), the generalpartner of OSG America L.P. (the “Partnership”), hereby certifies, to the bestof his knowledge and belief, that the Form 10-Q of the Partnership for thequarterly period ended June 30, 2008 (the “Periodic Report”) accompanyingthis certification fully complies with the requirements of Section 13(a) or15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m or 78o(d)) andthat the information contained in the Periodic Report fairly presents, in allmaterial respects, the financial condition and results of operations of thePartnership.  This certification isprovided solely for purposes of complying with the provisions of Section 906of the Sarbanes-Oxley Act and is not intended to be used for any other purpose.

 

 
| Date:  | August 5,  2008     |   | /s/  Jonathan P. Whitworth |
|--------|--------------------------|--------|----------------------------|
|   | Jonathan  P. Whitworth   |
|   | Chief  Executive Officer |
|   |                     |
|   |                     |
| Date:  | August 5,  2008     |   | /s/  Myles R. Itkin        |
|   | Myles  R. Itkin          |
|   | Chief  Financial Officer |

 

1

----
Exhibit 32.1

CERTIFICATION OF CHIEF EXECUTIVE OFFICER AND CHIEF FINANCIAL OFFICER

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

OF THE SARBANES-OXLEY ACT OF 2002

I, David C. Scott, certify pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that the
quarterly report of 3PAR Inc., on Form 10-Q for the quarterly period ended December 31, 2008 fully complies with the requirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934 and the information contained in such Form
10-Q fairly presents, in all material respects, the financial condition and results of operations of 3PAR Inc.



|                        |  |  |  |                                                                              
|----------------------- |  |  |  | -----------------------------------------------------------------------------
|Date: February 13, 2009 |  |  |  | /s/ DAVID C. SCOTT                                                           
|                        |  |  |  | David C. Scott                                                               
|                        |  |  |  | President, Chief Executive Officer and Director (Principal Executive Officer)

I, Adriel G. Lares, certify pursuant to 18 U.S.C. Section 1350, as adopted pursuant to
Section 906 of the Sarbanes-Oxley Act of 2002, that the quarterly report of 3PAR Inc., on Form 10-Q for the quarterly period ended December 31, 2008 fully complies with the requirements of Section 13(a) or 15(d) of the Securities
Exchange Act of 1934 and the information contained in such Form 10-Q fairly presents, in all material respects, the financial condition and results of operations of 3PAR Inc.



|                        |  |  |  |                                                                                    
|----------------------- |  |  |  | -----------------------------------------------------------------------------------
|Date: February 13, 2009 |  |  |  | /s/ ADRIEL G. LARES                                                                
|                        |  |  |  | Adriel G. Lares                                                                    
|                        |  |  |  | Vice President of Finance and Chief Financial Officer (Principal Financial Officer)

A signed original of this written statement required by Section 906 of the Sarbanes-Oxley Act
of 2002 has been provided to 3PAR Inc. and will be retained by 3PAR Inc. and furnished to the Securities and Exchange Commission or its staff upon request. This certification accompanies the Form 10-Q to which it relates, is not deemed
filed with the Securities and Exchange Commission and is not to be incorporated by reference into any filing of the Company under the Securities Act of 1933, as amended, or the Securities Exchange Act of 1934, as amended (whether made before or
after the date of the Form 10-Q), irrespective of any general incorporation language contained in such filing.
I 

116TH CONGRESS 

1ST SESSION H. R. 2025 

To amend the Internal Revenue Code of 1986 to permanently extend the 

alternative fuel refueling property credit. 

IN THE HOUSE OF REPRESENTATIVES 

APRIL 2, 2019 

Mr. CASTEN of Illinois 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 permanently 

extend the alternative fuel refueling property credit. 

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

3 SECTION 1. PERMANENT EXTENSION OF ALTERNATIVE 

4 FUEL REFUELING PROPERTY CREDIT. 

5 (a) IN GENERAL.—Section 30C of the Internal Rev6 enue Code of 1986 is amended by striking subsection (g). 

7 (b) EFFECTIVE DATE.—The amendment made by 

8 this section shall apply to property placed in service after 

9 December 31, 2017. 

Æ 


pamtmann on DSKBFK8HB2PROD with BILLS
**EXHIBIT32.2**

 

**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 Inc. (the “Company”) on Form 10-Q for the quarter ended July 31,2008 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: September 15, 2008

 

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

 

----
Nodal Exchange, LLC Rulebook Appendix C: Reporting Levels, Accountabilty Levels and Position Limits

Physical 

Commodity 

Code

Contract Name

Reporting 

Level

Spot Month 

Position Limit 

(lots)

Single Month 

Accountability 

Level (lots)

All Month 

Accountability 

Level (lots)

Aggregation 

Group*

CFTC 

Referenced 

Contract

FQU CAISO.TH_NP15_GEN-APND_month_on_dap 25 4707 4762 4707 4762 56484 57144 215 0

FQW CAISO.TH_SP15_GEN-APND_month_on_dap 25 6934 7301 6934 7301 83208 87612 217 0

GBA ERCOT.HB_HOUSTON_month_2x16_rtp 25 4587 5197 4587 5197 55044 62364 106 394 0

FOI ERCOT.HB_HOUSTON_month_on_rtp 25 4587 5197 4587 5197 55044 62364 394 0

GBC ERCOT.HB_NORTH_month_2x16_rtp 25 6982 7143 6982 7143 83784 85716 108 393 0

FOK ERCOT.HB_NORTH_month_on_rtp 25 6982 7143 6982 7143 83784 85716 393 0

GBE ERCOT.HB_SOUTH_month_2x16_rtp 25 1727 2694 1727 2694 20724 32328 110 392 0

FOM ERCOT.HB_SOUTH_month_on_rtp 25 1727 2694 1727 2694 20724 32328 392 0

GBG ERCOT.HB_WEST_month_2x16_rtp 25 1052 2058 1052 2058 12624 24696 112 391 0

FOO ERCOT.HB_WEST_month_on_rtp 25 1052 2058 1052 2058 12624 24696 391 0

GBY PJM.WESTERN HUB_month_2x16_dap 25 7747 9517 7747 9517 92964 114204 232 233 0

GCA PJM.WESTERN HUB_month_2x16_rtp 25 7747 9517 7747 9517 92964 114204 234 390 0

FHK PJM.WESTERN HUB_month_on_dap 25 7747 9517 7747 9517 92964 114204 233 0

FKE PJM.WESTERN HUB_month_on_rtp 25 7747 9517 7747 9517 92964 114204 390 0
Exhibit 99.10

CERTIFICATION OF THE CHIEF EXECUTIVE OFFICER

PURSUANT TO 18 U.S.C. SECTION 1350

In
connection with this annual report of Turquoise Hill Resources Ltd. (the Company) on Form 40-F for the fiscal year ended December 31, 2016, as filed with the Securities and Exchange Commission
on the date hereof (the Report), I, Jeff Tygesen, Chief Executive Officer of the Company, certify, pursuant to 18 U.S.C. 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 27, 2017



|    |  |                        
|--- |  | -----------------------
|By: |  | /s/ Jeff Tygesen       
|    |  | Chief Executive Officer
Exhibit 32.2  CERTIFICATIONS PURSUANT TO SECTION 906 OF THE SARBANES-OXLEY ACT OF 2003 (18 U.S.C. SECTION 1350)  In connection with the Quarterly Report of Fero Industries INC., a Colorado corporation (the "Company"), on Form 10-QSB for the quarter ended March 31, 2008, as filed with the Securities and Exchange Commission (the "Report"), Noah Clark, Chief Executive Officer, Chief Financial Officer of the Company do hereby certify, pursuant to 906 of the Sarbanes-Oxley Act of 2003 (18 U.S.C.  1350), that to their 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/ Kyle Schlosser Kyle Schlosser, President and Chief Executive Officer  /s/ Leigh-Ann Squire Leigh-Ann Squire, Secretary/Treasurer, Chief Financial Officer and Principal Accounting Officer  July 16, 2008  A signed original of this written statement required by Section 906 has been provided to Capital Resource Alliance Inc. and will be retained by Capital Resource Alliance Inc. and furnished to the Securities and Exchange Commission or its staff upon request.
Exhibit 32.1 - President/CFO Certification (Section 906)

                        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 of Generic Marketing Services, Inc.
(the "Company") on Form 10-QSB for the period ending October 31, 2007 as
filed with the Securities and Exchange Commission on the date hereof (the
"Report").  I, Frank Arnone, President/CFO of the Company, certify, pursuant
to 18 U.S.C. 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley
Act of 2002, that, to the best of my knowledge and belief:

               (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/ Frank Arnone
-----------------------
    Frank Arnone
    President/CFO


Date  December 11, 2007
      -----------------


<PAGE>
* Pursuant to 5 TH C IR . R. 47.5, the court has determined that

this opinion should not be published and is not precedent except under the limited circumstances set forth in 5 TH C IR . R. 47.5.4. United States Court of Appeals

Fifth Circuit 

## FILED August 17, 2005 Charles R. Fulbruge III Clerk IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

No. 04-40533 Conference Calendar

UNITED STATES OF AMERICA, Plaintiff-Appellee,

versus CRISTOBAL RAFAEL-QUERIAPA, Defendant-Appellant.

-------------------- Appeal from the United States District Court for the Southern District of Texas USDC No. 7:03-CR-856-1

-------------------- Before BENAVIDES, CLEMENT, and PRADO, Circuit Judges.
PER CURIAM: * Cristobal Rafael-Queriapa appeals his conviction and sentence for illegal reentry of an alien after having been deported. He argues that the provisions of 8 U.S.C. § 1326(b) are unconstitutional in light of Apprendi v. New Jersey , 530 U.S. 466 (2000) and that his indictment should have reflected a prior conviction. He also argues that his sentence is unconstitutional under United States v. Booker , 125 S. Ct. 738 (2005), because it was imposed pursuant to a mandatory guidelines scheme.No. 04-40533 -2- Rafael’s arguments that the provisions of 8 U.S.C. § 1326(b) are unconstitutional and that the prior conviction should have been charged in his indictment are foreclosed by AlmendarezTorres v. United States , 523 U.S. 224, 247 (1998). Rafael challenges the Booker error as structural in nature and argues that prejudice should be presumed. This court rejected that argument in United States v. Martinez-Lugo , 411 F.3d 597, 601 (5th Cir. 2005). Our review is for plain error. United States v. Mares , 402 F.3d 511, 520 (5th Cir. 2005), petition for cert. filed (Mar. 31, 2005) (No. 04-9517); United States v. Valenzuela-Quevedo , 407 F.3d 728, 732 (5th Cir. 2005), petition for cert. filed (July 25, 2005) (No. 05-5556). The district court committed error that is plain by sentencing Rafael under a mandatory sentencing guidelines scheme. Valenzuela-Quevedo , 407 F.3d at 733. However, Rafael fails to carry his burden of showing that this error affected his substantial rights. Id. at 733-34. The district court made no comments indicating that it would have imposed a lesser sentence in the absence of mandatory guidelines. Accordingly, the judgment of the district court is AFFIRMED.
**CERTIFICATION
      PURSUANT TO 18 USC, SECTION 1350,**


**AS
      ADOPTED PURSUANT TO SECTION 906**


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








In
      connection with the Annual Report of M-GAB Development Corporation (the
“Company”) on First Amended Form 10-K/A for the year ended December 31, 2004, as
      filed with the Securities and Exchange Commission on or about the date hereof
      (the “Report”), I, Carl M. Berg, Chief Financial Officer of the Company,
      certify, pursuant to 18 U.S.C. Sec. 1350, as adopted pursuant to Sec. 906 of
      the
      Sarbanes-Oxley Act of 2002, that:





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





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








Dated:
                July 22, 2005
            /s/
                Carl M. BergBy:
                Carl M. BergIts:
                Chief Financial Officer








A
      signed
      original of this written statement required by Section 906 has been provided
      to
      M-GAB Development Corporation and will be retained by M-GAB Development
      Corporation and furnished to the Securities and Exchange Commission or its
      staff
      upon request.
EX-10.2






EXHIBIT 10.2




Fiscal Year 2006 BioMeasurement Division Bonus Plan




of Hutchinson Technology Incorporated




We have a fiscal year 2006 BioMeasurement Division bonus plan that covers an executive officer
and certain other management-level employees of our BioMeasurement Division. The plan is designed
to create an incentive for management of our BioMeasurement Division to achieve goals that our
board of directors believes align with the interests of our long-term shareholders. The plan
design includes goals that measure progress toward strategic initiatives and an annual financial
objective.



Individual bonus targets, expressed as a percentage of base salary, are approved for all
participants by the board of directors upon the recommendation of the compensation committee.
Eighty percent of the bonus target is dependent on the management of our BioMeasurement Division
achieving certain milestones relating to strategic initiatives in the areas of clinical studies and
product launch during fiscal year 2006. The remainder of the bonus target is dependent on the
achievement of a financial objective for the BioMeasurement Division. For fiscal year 2006, the
operating income (loss) of the BioMeasurement Division is the financial objective. The actual
award amount relating to the financial objective is pro rated depending upon whether the actual
result for the fiscal year is above or below the pre-established objective for operating income
(loss) of the BioMeasurement Division.



The decision to pay bonuses is made annually by our board of directors upon the recommendation
of the compensation committee of our board of directors. Bonuses are paid in cash in the first
quarter of the following fiscal year. The actual total bonus amount to any participant cannot
exceed 200% of the participant’s bonus target.
#### Jennifer Cangro, Appellant, v John Z. Marangos, Respondent. In the Matter of Gina Marie Reitano. Jennifer Cangro, an Alleged Incapacitated Person, Appellant, v Mary V. Rosado, Respondent.

Decided April 26, 2012

Reported below, 90 AD3d 470; 89 AD3d 535.

Appeals dismissed, without costs, by the Court of Appeals, sua sponte, upon the ground that no substantial constitutional question is directly involved.
I 

116TH CONGRESS 

1ST SESSION H. R. 2382 

To amend title 5, United States Code, to repeal the requirement that the 

United States Postal Service prepay future retirement benefits, and for 

other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

APRIL 29, 2019 

Mr. DEFAZIO (for himself, Mr. REED, Mr. FITZPATRICK, and Ms. TORRES

SMALL of New Mexico) introduced the following bill; which was referred 

to the Committee on Oversight and Reform 

A BILL 

To amend title 5, United States Code, to repeal the requirement that the United States Postal Service prepay future 

retirement benefits, and for other purposes. 

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

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘USPS Fairness Act’’. 

5 SEC. 2. REPEAL OF REQUIRED PREPAYMENT OF FUTURE 

6 POSTAL SERVICE RETIREMENT BENEFITS. 

7 Subsection (d) of section 8909a of title 5, United 

8 States Code, is repealed. 

Æ 


pamtmann on DSKBFK8HB2PROD with BILLS