alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
Exhibit 31  CERTIFICATIONS I, David Rogers, certify that:  1.           I have reviewed this annual report on Form 10-Q of International Industrial Enterprises;  2.           Based on my knowledge, this report does not contain any untrue statement of a material fact or omit to state a material fact necessary to make the statements made, in light of the circumstances under which such statements were made, not misleading with respect to the period covered by this report;  3.           Based on my knowledge, the financial statements, and other financial information included in this report, fairly present in all material respects the financial condition, results of operations and cash flows of the registrant as of, and for, the periods presented in this report;  4.           The registrants other certifying officer and I are responsible for establishing and maintaining disclosure controls and procedures (as defined in Exchange Act Rules 13a-15(e) and 15d-15(e)) for the registrant and have:  a)           Designed such disclosure controls and procedures, or caused such disclosure controls and procedures to be designed under our supervision, to ensure that material information relating to the registrant, including its consolidated subsidiaries, is made known to us by others within those entities, particularly during the period in which this report is being prepared;  b)           Evaluated the effectiveness of the registrants disclosure controls and procedures and presented in this report our conclusions about the effectiveness of the disclosure controls and procedures, as of the end of the period covered by this report based on such evaluation; and  c)           Disclosed in this report any change in the registrants internal control over financial reporting that occurred during the registrants most recent fiscal quarter (the registrants fourth fiscal quarter in the case of an annual report) that has materially affected, or is reasonably likely to materially affect, the registrants internal control over financial reporting; and  5.           The registrants other certifying officer and I have disclosed, based on our most recent evaluation of internal control over financial reporting, to the registrants auditors and the audit committee of registrants board of directors (or persons performing the equivalent functions):  a)           All significant deficiencies and material weaknesses in the design or operation of internal control over financial reporting which are reasonably likely to adversely affect the registrants ability to record, process, summarize and report financial information; and  b)           Any fraud, whether or not material, that involves management or other employees who have a significant role in the registrants internal control over financial reporting.  May 14, 2008   /s/ David Rogers David Rogers Principal Executive Officer Principal Financial Officer
Document Headings

                    Document headings vary by document type but may contain                    the following:                  
                -                       the agency or agencies that issued and signed a document                    
                -                       the number of the CFR title and the number of each part                      the document amends, proposes to amend, or is directly                      related to                    
                -                       the agency docket number / agency internal file number                    
                -                       the RIN which identifies each regulatory action listed in                      the Unified Agenda of Federal Regulatory and Deregulatory                      Actions                    

                    See the                                          Document Drafting Handbook                                        for more details.                  

###### Department of Energy

###### Federal Energy Regulatory Commission

          - [Docket No. RP99-301-021]

Take notice that on June 4, 2001, ANR Pipeline Company (ANR), tendered for filing and approval four Service Agreements between ANR and General Motors Corporation (GM) pursuant to ANR's Rate Schedule FTS-1 (together referred to as the GM Agreements).

ANR states that the GM Agreements contain negotiated rate arrangements between ANR and GM. ANR requests that the Commission accept and approve the GM Agreements to be effective June 1, 2001.

Any person desiring to be heard or to protest said filing should file a motion to intervene or a protest with the Federal Energy Regulatory Commission, 888 First Street, NE., Washington, DC 20426, in accordance with Sections 385.214 or 385.211 of the Commission's Rules and Regulations. All such motions or protests must be filed in accordance with Section 154.210 of the Commission's Regulations. Protest will be considered by the Commission in determining the appropriate action to be taken, but will not serve to make protestants parties to the proceedings. Any person wishing to become a party must file a motion to intervene. Copies of this filing are on file with the Commission and are available for public inspection in the Public Reference Room. This filing may be viewed on the web at http://www.ferc.fed.us/​online/​rims.htm (call 202-208-2222 for assistance). Comments, protests, and interventions may be filed electronically via the internet in lieu of paper. See 18 CFR 385.2001(a)(1)(iii) and the instructions on the Commission's web site at http://www.ferc.fed.us/​efi/​doorbell.htm.

David P. Boergers,

Secretary.

[FR Doc. 01-15229  Filed 6-15-01; 8:45 am]

BILLING CODE 6717-01-M
<TABLE> <S> <C>

<ARTICLE> 5
<LEGEND>
This schedule contains summary consolidated financial information extracted from
the financial statements of Globalstar L.P. for the year ended December 31, 1999
and is qualified in its entirety by reference to such financial statements.
</LEGEND>
<CIK> 0001037927
<NAME> GLOBALSTAR LP
<MULTIPLIER> 1,000

<S>                             <C>
<PERIOD-TYPE>                   12-MOS
<FISCAL-YEAR-END>                          DEC-31-1999
<PERIOD-END>                               DEC-31-1999
<CASH>                                         127,675
<SECURITIES>                                         0
<RECEIVABLES>                                        0
<ALLOWANCES>                                         0
<INVENTORY>                                          0
<CURRENT-ASSETS>                               292,902
<PP&E>                                       3,239,784
<DEPRECIATION>                                   6,232
<TOTAL-ASSETS>                               3,781,459
<CURRENT-LIABILITIES>                          671,302
<BONDS>                                      1,799,111
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                    358,968
<COMMON>                                       516,530
<OTHER-SE>                                     152,831
<TOTAL-LIABILITY-AND-EQUITY>                 3,781,459
<SALES>                                              0
<TOTAL-REVENUES>                                     0
<CGS>                                                0
<TOTAL-COSTS>                                        0
<OTHER-EXPENSES>                               186,505
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                   0
<INCOME-PRETAX>                              (180,364)
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                          (180,364)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                 (232,584)
<EPS-BASIC>                                     (3.99)
<EPS-DILUTED>                                   (3.99)


</TABLE>
Exhibit 32

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

The undersigned, the Chief Executive Officer and the Chief Financial Officer of First Community Corporation (the "Company"), each certify that, to his knowledge
on the date of this certification:



| |  | /s/ Michael C. CrappsMichael C. Crapps
Chief Executive Officer
March 27, 2008
| |  | -----------------------------------------------------------------------------
| |  | /s/ Joseph G. SawyerJoseph G. Sawyer
Chief Financial Officer
March 27, 2008  

---



QuickLinks
#### Viston Shyrock MARTIN, Plaintiff-Appellant, v. Sergeant HATFIELD; T. Lowe, Iho; Sergeant Owens; Randy C. Mathena, Warden, Defendants-Appellees.

No. 10-7053.

United States Court of Appeals, Fourth Circuit.

Submitted Oct. 19, 2010.

Decided Oct. 28, 2010.

Viston Shyrock Martin, Appellant Pro Se.

Before DUNCAN, KEENAN, and WYNN, Circuit Judges.

Affirmed by unpublished PER CURIAM opinion.

Unpublished opinions are not binding precedent in this circuit.

PER CURIAM:

Viston Shyrock Martin appeals the district court’s order dismissing his 42 U.S.C. § 1983 (2006) complaint without prejudice as frivolous under 28 U.S.C. § 1915A(b)(l) (2006). We have reviewed the record and find no reversible error. Accordingly, we affirm for the reasons stated by the district court. *Martin v. Hatfield,*No. 7:10-cv-00262-jlk-mfu, 2010 WL 2910008 (W.D.Va. July 23, 2010). We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before the court and argument would not aid the decisional process.

*AFFIRMED.*
Exhibit (d)(143)

**FORM OF**

**AMENDMENT TO**

**SUB-ADVISORY AGREEMENT**

**between**

**FIDELITY INTERNATIONAL INVESTMENT ADVISORS**

**and**

**FIDELITY MANAGEMENT & RESEARCH COMPANY**

**and**

**FIDELITY INVESTMENT TRUST ON BEHALF OF FIDELITY AGGRESSIVE INTERNATIONAL FUND**

	This Amendment made as of this __ day of _____, 200_, amends the Sub-Advisory Agreement (the "Agreement"), dated March 1, 2001, by and between Fidelity Management & Research Company, a Massachusetts corporation with principal offices at 82 Devonshire Street, Boston, Massachusetts (hereinafter called the "Advisor"); Fidelity International Investment Advisors, a Bermuda company with principal offices at Pembroke Hall, Pembroke,Bermuda (hereinafter called the "Sub-Advisor"); and Fidelity Investment Trust, a Massachusetts business trust, onbehalf of Fidelity Aggressive International Fund (hereinafter called the "Portfolio").

	WHEREAS the Advisor and Sub-Advisor (the "Parties") wish to clarify their relationship by amending theAgreement in accordance with the terms of this Amendment;

	NOW, THEREFORE, the Parties hereto agree as follows:

	1.  Paragraph 7 of the Agreement is hereby supplemented as follows:

	Nothing in this Agreement will constitute a partnership between the Advisor, the Sub-Advisor and the Trust.Nothing in this Agreement makes the Sub-Advisor an agent of the Advisor or the Trust and the Sub-Adviserhas no authority whatsoever to exercise discretionary powers over the global portfolios and investmentfunds, except as provided pursuant to paragraph 1(b) herein, of the Advisor and the Trust, or otherwise tobind the Advisor's and the Trust's assets under management.

	The Sub-Advisor shall furnish services as an independent contractor and not as an employee or agent of either the Advisor or the Trust.  The Sub-Advisor has no power or authority to act for, represent, or bind theAdvisor or the Trust or any company affiliated with either of them.

	2.****In all other respects, the Agreement is hereby confirmed and remains in full force and effect.

	This Amendment shall be governed by, and construed in accordance with, the laws of the Commonwealth ofMassachusetts, without giving effect to the choice of laws provisions thereof.

	IN WITNESS WHEREOF the parties hereto have caused this instrument to be signed in their behalf by theirrespective officers thereunto duly authorized, and their respective seals to be hereunto affixed, all as of the datewritten above.

[SIGNATURE LINES OMITTED]
EXHIBIT 32.1

  Certification by the Chief Executive Officer 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, I, William A. Coskey, hereby certify that,
to the best of my knowledge, the Annual Report on Form 10-K of ENGlobal
Corporation for the fiscal year ended December 31, 2008 (the "Report") fully
complies with the requirements of Section 13(a) or Section 15(d) of the
Securities Exchange Act of 1934, and that the information contained in the
Report fairly presents, in all material respects, the financial condition and
results of operations of ENGlobal Corporation.


Date: March 16, 2009                            //s// William A. Coskey
                                                William A. Coskey
                                                Chief Executive Officer


This certification accompanies this Report on Form 10-K pursuant to Section 906
of the Sarbanes-Oxley Act of 2002 and shall not, except to the extent required
by such Act, be deemed filed by the Company for purposes of Section 18 of the
Securities Exchange Act of 1934, as amended (the "Exchange Act"). Such
certification will not be deemed to be incorporated by reference into any filing
under the Securities Act of 1933, as amended, or the Exchange Act, except to the
extent that the Company specifically incorporates it by reference.
Exhibit








Exhibit 10.2


DESCRIPTION OF COMPENSATION OF NON-EMPLOYEE DIRECTORS


Fees Earned or Paid in Cash
Cash payments to non-employee directors beginning January 1, 2016 are made as follows:
		
	•
	Annual retainer: $60,000


		
	•
	Chairman of the Board: $50,000 annually (in addition to the annual retainer)


		
	•
	Annual committee chairman fees:


		
	◦
	$10,000 for Nominating and Governance Committee


		
	◦
	$14,000 for Compensation Committee


		
	◦
	$24,000 for Audit Committee


		
	•
	Committee service fees:


		
	◦
	$4,000 for Nominating and Governance Committee


		
	◦
	$5,000 for Compensation Committee


		
	◦
	$10,000 for Audit Committee


		
	•
	Ad-hoc committee meeting fees: If an ad-hoc committee of the Board meets more than once, $1,000 per meeting attended, whether attended in-person or by phone.


All amounts are paid quarterly. There is no pro-rating for service for less than a full quarter; service on any committee for part of a quarter is treated the same as an entire quarter. All directors were reimbursed in 2015 for reasonable expenses incurred in connection with attending meetings.
Equity Compensation
On the date a person first becomes a non-employee director, such director will be granted RSUs equal to that number of shares of FEI’s common stock determined by dividing the Initial Grant Amount (as defined below) by the simple average closing price of FEI’s common stock during the full fiscal quarter preceding the quarter in which the grant is made (the “Average Stock Price”). The “Initial Grant Amount” means, with respect to a particular director, (1) $140,000, if the non-employee director first becomes such on the date of an annual meeting of shareholders, or (2) a pro-rated amount less than $140,000, determined as described in the following sentence, if the non-employee director first becomes such on a date other than the date of an annual meeting of shareholders. The pro-rated amount will be calculated as $140,000, multiplied by a fraction, the numerator of which is the number of days remaining until the next April 30, and the denominator of which is the number of days between and including the date of the immediately preceding annual meeting of shareholders and the next April 30. These RSUs will fully vest on April 30 of the year following the grant date.
In each year subsequent to the year in which a non-employee director became a director, such continuing director will be automatically granted RSUs equal to that number of shares of our common stock determined by dividing $140,000 by the Average Stock Price. These RSUs will fully vest on April 30 of the year following the grant date.
<PAGE>   1
 
                                                                    EXHIBIT 12.1
 
                           NORCAL WASTE SYSTEMS, INC.
 
                       RATIO OF EARNINGS TO FIXED CHARGES
                      (THOUSANDS OF DOLLARS, EXCEPT RATIO)
                     FISCAL YEARS ENDING 1992 THROUGH 1996
 
<TABLE>
<CAPTION>
                                                          YEAR ENDED SEPTEMBER 30,
                                          --------------------------------------------------------
                                           1996        1995        1994        1993         1992
                                          -------     -------     -------     -------     --------
<S>                                       <C>         <C>         <C>         <C>         <C>
Income (loss) before Income Taxes,
  Extraordinary Item and Change in
  Accounting Principle..................  $(1,136)    $17,096     $ 8,859     $19,588     $(39,398)
Interest Expense(a).....................   24,326      19,909      20,920      23,900       28,958
Capitalized Interest....................     (413)          0           0           0            0
Interest Portion of Rental Charge(b)....      751         506         504         515          460
                                          -------     -------     -------     -------      -------
Income (loss) before Income Taxes,
  Extraordinary Item, Interest and
  Interest Portion of Rental Charge.....  $23,528     $37,511     $30,283     $44,003     $ (9,980)
                                          =======     =======     =======     =======      =======
Interest Expense........................  $24,326     $19,909     $20,920     $23,900     $ 28,958
Interest Portion of Rental Charge.......      751         506         504         515          460
                                          -------     -------     -------     -------      -------
Interest Expense plus Interest Portion
  of Rental Charge......................  $25,077     $20,415     $21,424     $24,415     $ 29,418
                                          =======     =======     =======     =======      =======
Ratio of Earnings to Fixed Charges......       --(c)     1.84        1.41        1.80           --(d)
</TABLE>
 
---------------
(a) In addition, the Company guaranteed certain obligations of a less than 50%
    owned entity in the amount of $2.0 million as of September 30, 1996. The
    less than 50% owned entity incurred approximately $0.2 million of interest
    expense on these obligations in the year ended September 30, 1996. This
    amount was not included in the calculation of the ratio of earnings to fixed
    charges as the Company had not been required to honor the guarantees and
    does not expect to be required to do so.
 
(b) Interest portion of rentals is assumed to equal 33% of operating lease and
    rental expense for the period.
 
(c) In 1996, earnings were insufficient to cover fixed charges by $1,549.
 
(d) In 1992, earnings were insufficient to cover fixed charges by $39,398.
Exhibit 10.2

              FIRST AGREEMENT AND AMENDMENT TO CONSULTING AGREEMENT


      THIS FIRST AGREEMENT AND AMENDMENT TO CONSULTING AGREEMENT (the
"Amendment") is entered into as of the 29th day of January, 2004, by and between
NEOMEDIA TECHNOLOGIES, INC., a Delaware corporation (the "Company"), and
THORNHILL CAPITAL LLC. ("Consultant").

                                    Recitals

      WHEREAS, the Company and Consultant entered into a consulting agreement
      dated December 5, 2001 (the "Consulting Agreement").

      WHEREAS, the Company and Consultant continue to operate under the terms of
      the Consulting Agreement.

      WHEREAS, the Company and Consultant wish to amend certain terms of the
      Consulting Agreement through execution of this Amendment.



      NOW, THEREFORE, in consideration of the mutual covenants contained herein
and other good and valuable consideration, the receipt and sufficiency of which
is acknowledged, the parties mutually covenant and agree as follows:

      1.    Section 1.1 is hereby amended to provide that the Initial Term, as
            defined in the Consulting Agreement, shall now be defined as two (2)
            years from the effective date of this Amendment.

      2.    Section 1.2 is hereby amended to provide that monthly compensation
            paid by the Company to Consultant shall be $15,000.00.

      3.    Section 1.5 is hereby amended to provide that the Company shall not
            reimburse Consultant for any expenses.


      IN WITNESS WHEREOF, the parties hereto have executed this Amendment as of
the day and year first above written.


NEOMEDIA TECHNOLOGIES, INC.                 THORNHILL CAPITAL LLC


By:/s/ Charles T. Jensen                             By: /s/ Martha Refkin
O rder filed November 30, 2016



### In The 

# Eleventh Court of Appeals

____________ 

### No. 11

- 1 6

- 00 255

- CR

__________


### SHANNON DAY , Appellant

V.

THE STATE OF TEXAS , Appellee

On Appeal from the 4 4 1st District Court
Midland County, Texas
Trial Court Cause No. CR4 6225

O R D E R
Shannon Day is currently represented by court

- appointed counsel, Matt
Zimmerman; however, it appears that Day may wish to represent himself on appeal.

When this court received a pro se brief from Day on November 7, 2016 , the clerk of

this court informed him by letter that we were unable to file the pro se brief . As we
explained in the letter, Day is not entitled to hybrid representation and is currently
represented by court

- appo inted counsel. In response, Day has filed in this court a
timely request to proceed pro se on appeal

. We abate this appeal.2

W e must abate the appeal and remand the cause to the trial court so that the

trial court may determine the following:

1. Whether Day desires to prosecute h is appeal ;

2. W hether Day remains indigent ;

3. If not indigent, whether Day has retained counsel for this appeal ; and

4. If indigent, whether Day desires to have counsel appoint ed to represent h im in this appeal or whether, after being warned of the dangers and disadvantages of self

- representation, Day competently and intelligently chooses to exercise the right to represent h im self

.
If it is determined that Day is indigent and is exercising his right to represent himself,
the trial court must develop evidence as to whether Day ’s decision to proceed
without counsel is knowingly and intelligently made

. See Faretta v. California , 422
U.S. 806 (1975); Ex parte Davi s , 818 S.W.2d 64 (Tex. Cr im

. App. 1991); Hubbard v.

State , 739 S.W.2d 341 , 345 (Tex. Cr im

. App. 1987); Webb v. State , 533 S.W.2d 780

, 783

– 86 (Tex. Cr im

. App. 1976). The trial court is directed to enter findings of fact

and conclusions of law and to make a ny appropriate recommendations to this court

. The clerk of the trial court is directed to prepare and forward to this court a
supplemental clerk ’ s record containing the findings, recommendations, and any

orders of the trial court. The court reporter is directed to prepare and forward to this
court the reporter ’ s record from the hearing. The se records are due to be filed in this

court on or before December 30, 201 6

. The appeal is abated.

November 30, 2016 PER CURIAM
Do not publish. See T EX

. R. A PP

. P. 47.2(b).
Panel consists of: Wright, C.J., Willson , J. , and Bailey, J.