alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
<PAGE>

Exhibit 4-3

     NUMBER                                                            SHARES
       B-1                                                             50,000

                ORGANIZED UNDER THE LAWS OF THE STATE OF ILLINOIS

                                SUCCESSORIES, INC.

                       Series B Convertible Preferred Stock

This Certifies that   JACK MILLER FAMILY LIMITED PARTNERSHIP #1   IS THE
                    ---------------------------------------------
OWNER OF   50,000 _____________________________  FULL PAID AND NON-ASSESSABLE

PREFERRED SHARES   $.01   PAR VALUE, OF   SUCCESSORIES, INC.   TRANSFERABLE
                 --------               ----------------------
ONLY ON THE BOOKS OF THE CORPORATION BY THE HOLDER HEREOF IN PERSON OR BY
DULY AUTHORIZED ATTORNEY UPON THE SURRENDER OF THIS CERTIFICATE PROPERLY
ENDORSED.

     A STATEMENT, IN FULL, OF ALL THE DESIGNATIONS, PREFERENCES,
QUALIFICATIONS, LIMITATIONS, RESTRICTIONS, AND SPECIAL OR RELATIVE RIGHTS OF
THE SHARES OF EACH CLASS AUTHORIZED TO BE ISSUED, WILL BE FURNISHED BY THE
CORPORATION TO ANY SHAREHOLDER UPON REQUEST AND WITHOUT CHARGE.

IN WITNESS WHEREOF, THE SAID CORPORATION HAS CAUSED THIS CERTIFICATE TO BE
SIGNED BY ITS DULY AUTHORIZED OFFICERS AND TO BE SEALED WITH THE SEAL OF THE
CORPORATION, THIS    18TH   DAY OF   OCTOBER,    A.D.  1999.
                  ---------        ------------      -------


-------------------------------                    ---------------------------
Gregory J. Nowak      Secretary                    Gary Rovansek     President


<PAGE>

FOR VALUE RECEIVED, _____ HEREBY SELL, ASSIGN AND TRANSFER
UNTO _______________________________________ SHARES
REPRESENTED BY THE WITHIN CERTIFICATE, AND DO HEREBY
IRREVOCABLY CONSTITUTE AND APPOINT
___________________________________________ATTORNEY
TO TRANSFER THE SAID SHARES ON THE BOOKS OF THE WITHIN
NAMED CORPORATION WITH FULL POWER OF SUBSTITUTION IN
THE PREMISES.
     DATED ____________________19 ______
           IN PRESENCE OF

_______________________            _____________________

THE SECURITIES REPRESENTED BY THIS CERTIFICATE HAVE NOT BEEN REGISTERED UNDER
THE SECURITIES ACT OF 1933, AS AMENDED (THE "SECURITIES ACT"), OR ANY STATE
SECURITIES LAWS AND MAY NOT BE TRANSFERRED, SOLD OR OTHERWISE DISPOSED OF IN
THE ABSENCE OF REGISTRATION THEREUNDER OR PURSUANT TO AN AVAILABLE EXEMPTION
FROM REGISTRATION UNDER THE SECURITIES ACT, AND, IN EACH CASE, IN ACCORDANCE
WITH ANY APPLICABLE UNITED STATES STATE SECURITIES LAWS.
[DO NOT PUBLISH]

IN THE UNITED STATES COURT OF APPEALS

 FOR THE ELEVENTH CIRCUIT

 ________________________

 No. 11-11019 

Non-Argument Calendar

 ________________________

 D.C. Docket No. 8:10-cr-00041-JDW-AEP-1

UNITED STATES OF AMERICA, 

llllllllllllllllllllllllllllllllllllllll Plaintiff-Appellee,

versus

CEDRIC WILLIAMS, 

a.k.a. Pain, 

llllllllllllllllllllllllllllllllllllllll Defendant-Appellant.

________________________

 Appeal from the United States District Court

 for the Middle District of Florida

 ________________________

(September 21, 2012)

Before PRYOR, JORDAN and ANDERSON, Circuit Judges.

PER CURIAM:

Case: 11-11019 Date Filed: 09/21/2012 Page: 1 of 3 
Cedric Williams appeals his sentence of 60 months of imprisonment

imposed following his pleas of guilty for two counts of distributing a quantity of a

mixture or substance containing a detectable amount of cocaine base within 1,000

feet of a school, 21 U.S.C. §§ 841(a)(1), 860(a), and four counts of distributing 5

grams or more of a mixture or substance containing a detectable amount of

cocaine base within 1,000 feet of a school, id. Williams challenges the addition of

two points to his criminal history category for his convictions in a Florida court

that are under appeal. Williams also challenges the denial of his request for

sentencing under the Fair Sentencing Act of 2010, which increased from 5 to 28

grams the minimum amount of cocaine base required to impose a mandatory

minimum sentence of five years of imprisonment. We affirm the calculation of

Williams’s history category, but the recent decision of the Supreme Court in

Dorsey v. United States, 567 U.S. ____, 132 S. Ct. 2321, 2331 (2012), requires

that we vacate Williams’s sentence and remand for resentencing consistent with

the Act.

The district court did not err in increasing Williams’s criminal history

category for his prior sentence of 115 days of imprisonment for possessing cocaine

and possessing less than 20 grams of cannabis. The Sentencing Guidelines

provide that “[p]rior sentences under appeal are counted” in computing the

2

Case: 11-11019 Date Filed: 09/21/2012 Page: 2 of 3 
criminal history category. U.S.S.G. § 4A1.2(l). If Williams succeeds in having

his conviction vacated, he may move the district court to set aside or correct his

sentence. See 28 U.S.C. § 2255; United States v. Walker, 198 F.3d 811, 813–14

(11th Cir. 1999). 

As the government concedes, the district court erred by failing to sentence

Williams under the Fair Sentencing Act. After Williams appealed, the Supreme

Court held in Dorsey, 132 S. Ct. at 2331, that “Congress intended the . . . more

lenient penalties [under the Act] to apply to those offenders whose crimes

preceded August 3, 2010, but who are sentenced after that date.” Williams was

sentenced on February 28, 2011. Williams is entitled to the more lenient penalties

provided in the Act. 

 We AFFIRM in part the calculation of Williams’s criminal history

category, but we VACATE Williams’s sentence and REMAND for resentencing.

AFFIRMED IN PART, VACATED, AND REMANDED.

3

Case: 11-11019 Date Filed: 09/21/2012 Page: 3 of 3
<TABLE> <S> <C>

<ARTICLE>  5
<LEGEND>
                                                 EXHIBIT 27.1
                   FINANCIAL DATA SCHEDULE

         (PURSUANT TO RULE 601(c) OF REGULATION S-B,
           APPENDIX A/ARTICLE 5 OF REGULATION S-X)

         THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION
EXTRACTED FROM THE UNAUDITED FINANCIAL STATEMENTS OF FEDERAL AFFORDABLE
HOUSING CORPORATION AS OF AND FOR THE FISCAL QUARTER ENDED NOVEMBER
30, 1996, AND IS QUALIFIED IN ITS ENTIRETY BY REFERENCE TO SUCH FINANCIAL
STATEMENTS.

</LEGEND>
<MULTIPLIER>                                1
                                           
<S>                                         <C>
<PERIOD-TYPE>                               6-MOS
<FISCAL-YEAR-END>                           MAY-31-1996
<PERIOD-END>                                NOV-30-1996
<CASH>                                      299,281
<SECURITIES>                                0
<RECEIVABLES>                               54,424
<ALLOWANCES>                                0
<INVENTORY>                                 281,975
<CURRENT-ASSETS>                            635,680
<PP&E>                                      60,379
<DEPRECIATION>                              0
<TOTAL-ASSETS>                              696,059
<CURRENT-LIABILITIES>                       275,005
<BONDS>                                     0
<PREFERRED-MANDATORY>                       0
<PREFERRED>                                 0
<COMMON>                                    486,887
<OTHER-SE>                                  (65,833)
<TOTAL-LIABILITY-AND-EQUITY>                696,059
<SALES>                                     0
<TOTAL-REVENUES>                            0
<CGS>                                       0
<TOTAL-COSTS>                               0
<OTHER-EXPENSES>                            7,755
<LOSS-PROVISION>                            0
<INTEREST-EXPENSE>                          (708)
<INCOME-PRETAX>                             0
<INCOME-TAX>                                0
<INCOME-CONTINUING>                         0
<DISCONTINUED>                              0
<EXTRAORDINARY>                             0
<CHANGES>                                   0
<NET-INCOME>                               (8,463)
<EPS-PRIMARY>                               0
<EPS-DILUTED>                               0
        

</TABLE>
_______________________________________ __ Michigan Supreme Court 

# Order

Lansing, Michigan

July 29, 2008 Clifford W. Taylor, Chief Justice

Michael F. Cavanagh Elizabeth A. Weaver 136392 Marilyn Kelly Maura D. Corrigan Robert P. Young, Jr. Stephen J. Markman, Justices PEOPLE OF THE STATE OF MICHIGAN, Plaintiff-Appellee,

v SC: 136392 COA: 284003 Presque Isle CC: 02-092023-FH JAMES ARLEN FENSTERMAKER, Defendant-Appellant.

________________ _______________ __________/

On order of the Court, the application fo r leave to appeal the April 7, 2008 order of the Court of Appeals is considered, and it is DENIED, because we are not persuaded that the question presented should be reviewed by this Court.

d0721 I, Corbin R. Davis, Clerk of the Mi chigan Supreme Cour t, certify that the foregoing is a true and complete copy of the order entered at the direction of the Court.

July 29, 2008

Clerk
STATE OF LOUISIANA

COURT OF APPEAL, FIRST CIRCUIT

JEFF HUGHES

VERSUS

NO. 2023 CW 0837

LANA VENABLE OCTOBER 6, 2023

In Re: 

BEFORE: 

Lana Venable, applying for supervisory writs, 

Rouge City Court, Parish of East Baton Rouge, 

2020-CV00766. 

CHUTZ, PENZATO, AND LANIER, JJ. 

WRIT DENIED. 

COURT OF APPEAL, FIRST CIRCUIT

DEPUTY CLERK OF COURT

FOR THE COURT

WRC

AHP

WIL

Baton

No.
Exhibit 32.1

CERTIFICATION PURSUANT
TO18 U.S.C. SECTION 1350,AS ADDED BYSECTION 906 OF THE
SARBANES-OXLEY ACT OF 2002

In
connection with the Annual Report of Pointe Financial Corporation (the
Company) on Form 10-K for the period ended December 31, 2004 as filed with the
Securities and Exchange Commission (the Report), I, R. Carl Palmer, Jr.,
Chairman of the Board, President and Chief Executive Officer of the Company, certify,
pursuant to 18 U.S.C. ss. 1350, as added by ss. 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. | To my knowledge, the information contained in the Report fairly presents, in all
          material respects, the financial condition and results of operations of the
          Company as of and for the period covered by the Report.
|-- | ----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------

|Date: March 30, 2005 | By: /s/ R. Carl Palmer, Jr.R. Carl Palmer, Jr., Chairman of the Board,President and Chief Executive Officer
|-------------------- | -----------------------------------------------------------------------------------------------------------

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 Pointe Financial Corporation and will be retained by Pointe Financial
Corporation and furnished to the Securities and Exchange Commission or its staff upon
request.

---
Johnny KIRKLAND, petitioner, v. PROGRESSIVE INSURANCE COMPANY, et al.

No. 18-6245.

Supreme Court of the United States

Jan. 7, 2019.

Petition for writ of certiorari to the Court of Civil Appeals of Alabama denied.
EMULEX CORPORATION, et al., petitioners, v. Gary VARJABEDIAN, et al.

No. 18-459.

Supreme Court of the United States

Jan. 4, 2019.

Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit granted.
*Pursuant to Local Rule 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 Local Rule 47.5.4.

IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

_____________________

No. 96-60287

Summary Calendar

_____________________

DANIEL EPHRON,

Plaintiff-Appellee,

versus

REGINALD JACKSON, Sheriff, individually and

in his official capacity; ROBERT HAWKINS,

individually and in his official capacity,

Defendants-Appellants.

_________________________________________________________________

Appeal from the United States District Court for the

Southern District of Mississippi

USDC No. 5:95:CV-19-BrN

_________________________________________________________________

February 4, 1997

Before GARWOOD, JOLLY, and DENNIS, Circuit Judges.

PER CURIAM:*

The appellants seek relief from rulings of the district court

relative to their defenses of qualified and sovereign immunity.

The appeal is DISMISSED for lack of an appealable order. See

Johnson v. Jones, 115 S.Ct. 2151, 2154-56 (1995); Schultea v. Wood,

47 F.3d 1427, 1433-34 (5th Cir. 1995)(en banc).

IT IS FURTHERED ORDERED that the appellee’s request for

sanctions against the appellants’ counsel, pursuant to 28 U.S.C. §

1927, is DENIED.
-2-

SANCTIONS DENIED; APPEAL DISMISSED.
_________________________________________ 

 

 

Order Michigan Supreme Court

Lansing, Michigan 

July 29, 2008 Clifford W. Taylor,

 Chief Justice 

Michael F. Cavanagh 

Elizabeth A. Weaver 136392 Marilyn Kelly 

Maura D. Corrigan 

Robert P. Young, Jr. 

Stephen J. Markman,

PEOPLE OF THE STATE OF MICHIGAN, Justices 

Plaintiff-Appellee, 

v SC: 136392 

 COA: 284003 

Presque Isle CC: 02-092023-FH

JAMES ARLEN FENSTERMAKER, 

Defendant-Appellant. 

_________________________________________/ 

On order of the Court, the application for leave to appeal the April 7, 2008 order 

of the Court of Appeals is considered, and it is DENIED, because we are not persuaded 

that the question presented should be reviewed by this Court. 

d0721 

I, Corbin R. Davis, 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. 

July 29, 2008 

 Clerk
Exhibit 10.13.1

 

AMENDMENT 1 TO THE
 SIRIUS INTERNATIONAL INSURANCE GROUP, LTD.
 2018 OMNIBUS INCENTIVE PLAN

 

WHEREAS, Sirius International Insurance Group, Ltd., a Bermuda exempted company corporation (the “Company”), maintains the Sirius International Insurance Group, Ltd. 2018 Omnibus Incentive Plan (the “Plan”);

 

WHEREAS, pursuant to Section 5.2 of the Plan, the Committee has the authority to amend the Plan as it shall deem advisable; and

 

WHEREAS, the Committee has determined that it is appropriate and in the best interests of the Company and its shareholders to amend the Plan to provide the Committee with greater flexibility in selecting the method used to determine the fair market of a common share of the Company for purposes of awards granted under the Plan.

 

NOW, THEREFORE, BE IT RESOLVED, that the Plan hereby is amended, effective for awards granted on or after February 27, 2019, as follows:

 

1.                                      The definition of “Fair Market Value” in Section 1.2 of the Plan is hereby amended to read as follows:

 

“‘Fair Market Value” means a price that is based on the opening, closing, actual, high, low, or average selling prices of a Common Share reported on the Nasdaq Stock Market or such other established stock exchange on which the Common Shares are principally traded on the applicable date, the preceding trading day, the next succeeding trading day, or an average of trading days, as determined by the Committee in its discretion. Unless the Committee determines otherwise, Fair Market Value shall be deemed to be equal to the reported closing price of a Common Share on the date as of which such value is being determined or, if there shall be no reported transactions for such date, on the preceding date for which transactions were reported; provided, however, that if the Common Shares are not publicly traded at the time a determination of their value is required to be made hereunder, the determination of their Fair Market Value shall be made by the Committee in such manner as it deems appropriate and in accordance with Section 409A of the Code.”

 

***

 

As amended by this amendment, the Plan is in all respects ratified and confirmed, and as so amended by this amendment, shall be read, taken and construed as one and the same instrument.

 

Adopted by the Compensation Committee of the Board of Directors as of February 27, 2019

 

1











 

IN WITNESS WHEREOF, the Company has caused this instrument to be executed by its duly authorized agent on February 27, 2019.

 

	
 
    	
SIRIUS   INTERNATIONAL INSURANCE GROUP, LTD.
    
	
 
    	
 
    	
 
    
	
 
    	
 
    	
 
    
	
 
    	
By:
    	
/s/ Gene Boxer
    
	
 
    	
Name:
    	
Gene   Boxer
    
	
 
    	
Title:
    	
EVP,   Chief Strategy Officer & Group General Counsel
    


 

2
<TABLE> <S> <C>


<ARTICLE>                     5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL  INFORMATION EXTRACTED FROM THE AUDITED
FINANCIAL  STATEMENTS  FOR THE YEAR ENDED  DECEMBER 31, 1999 AND IS QUALIFIED IN
ITS ENTIRETY BY REFERENCE TO SUCH FINANCIAL  STATEMENTS.  Prior years  financial
data schedules have not been restated  because there would be no change in basic
and diluted EPS.

</LEGEND>
<CIK>                         0000917770
<NAME>                        FIBERCORE, INC.
<MULTIPLIER>                                     1,000
<CURRENCY>                                   US DOLLARS

<S>                             <C>
<PERIOD-TYPE>                   YEAR
<FISCAL-YEAR-END>                          DEC-31-1999
<PERIOD-START>                             JAN-01-1999
<PERIOD-END>                               DEC-31-1999
<EXCHANGE-RATE>                                  1,000
<CASH>                                             487
<SECURITIES>                                         0
<RECEIVABLES>                                    2,147
<ALLOWANCES>                                     (220)
<INVENTORY>                                    (3,047)
<CURRENT-ASSETS>                                 5,563
<PP&E>                                           7,109
<DEPRECIATION>                                 (3,047)
<TOTAL-ASSETS>                                  24,062
<CURRENT-LIABILITIES>                            4,522
<BONDS>                                          9,563
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                            42
<OTHER-SE>                                       6,672
<TOTAL-LIABILITY-AND-EQUITY>                    24,062
<SALES>                                         12,126
<TOTAL-REVENUES>                                12,236
<CGS>                                            9,820
<TOTAL-COSTS>                                   13,779
<OTHER-EXPENSES>                                   336
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                1,062
<INCOME-PRETAX>                                 (2,941)
<INCOME-TAX>                                       937
<INCOME-CONTINUING>                            (2,004)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                    (2,004)
<EPS-BASIC>                                      (0.05)
<EPS-DILUTED>                                    (0.05)



</TABLE>
UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 97-1343

SARADINDU MAHAPATRA,

Plaintiff - Appellant,

versus

ONONDAGA COUNTY SCU, Social Services; EQUIFAX

CREDIT INFORMATION SERVICES,

Defendants - Appellees.

Appeal from the United States District Court for the District of

Maryland, at Baltimore. John R. Hargrove, Senior District Judge.

(CA-96-1093-HAR)

Submitted: May 15, 1997 Decided: May 28, 1997

Before RUSSELL, HALL, and HAMILTON, Circuit Judges.

Affirmed by unpublished per curiam opinion.

Saradindu Mahapatra, Appellant Pro Se. Zachary L. Karmen, Chief

Welfare Attorney, Syracuse, New York; Thomas Moss Wood, IV, Nathan

Daniel Adler, NEUBERGER, QUINN, GIELEN, RUBIN & GIBBER, P.A.,

Baltimore, Maryland, for Appellees.

Unpublished opinions are not binding precedent in this circuit.

See Local Rule 36(c).
2

PER CURIAM:

Appellant appeals the district court's order dismissing for

lack of personal jurisdiction his action alleging defamation in

relation to a credit report. We have reviewed the record and the

district court's opinion and find no reversible error. Accordingly,

we affirm on the reasoning of the district court. Mahapatra v.

Onondaga County SCU, No. CA-96-1093-HAR (D. Md. Mar. 4, 1997). 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
## F IRST 

## D ISTRICT 

## C OURT OF 

## A PPEAL 

## S TATE OF 

## F LORIDA

_____________________________
No. 1D 18

- 2135

_____________________________
J AMAL C ORDELL J ORDAN , Appellant,

v.

S TATE OF F LORIDA , Appellee.

_____________________________

On appeal from the Circuit Court for Duval County

. Steven B. Whittington , Judge

. May 22, 2019

P ER C URIAM

.
A FFIRMED

.
M AKAR , O STERHAUS , and B ILBREY , JJ., concur

.

_____________________________ Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331

.

_____________________________2 Andy Thomas, Public Defender, and Archie F. Gardner, Jr., Assistant Public Defender, Tallahassee
, for Appellant.

Ashley Moody, Attorney G eneral, and Heather Flanagan Ross, Assistant Attorney General, Tallahassee
, for Appellee.
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 Trimeris, Inc. (the Company) for
the quarterly period ended March 31, 2009 as filed with Securities and Exchange Commission on the date hereof (the Report), I, Martin A. Mattingly, Chief Executive Officer of the Company, certify, pursuant to 18 U.S.C. § 1350,
as adopted pursuant to § 906 of the Sarbanes-Oxley Act of 2002, that to my knowledge:

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

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



|                                           
|-------------------------------------------
|/s/ MARTIN A. MATTINGLY                    
|Martin A. Mattingly Chief Executive
Officer

May 12, 2009

The foregoing certification is being furnished solely pursuant to 18 U.S.C. § 1350 and is not being filed as part of the Report or as a separate disclosure document.

A signed original of this written statement required by § 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.



30