alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
<PAGE>
 
                                                   EXHIBIT (15)
 
 
 
 Enserch Exploration, Inc.:
 
 We have made a review, in accordance with standards established by the
 American Institute of Certified Public Accountants, of the unaudited
 interim condensed consolidated financial information of Enserch
 Exploration, Inc. and subsidiaries for the periods ended March 31, 1997 and
 1996, as indicated in our report dated May 2, 1997; because we did not
 perform an audit, we expressed no opinion on that information.
 
 We are aware that our report referred to above, which is included in your
 Quarterly Report on Form 10-Q for the quarter ended March 31, 1997, is
 incorporated by reference in Registration Statements No. 33-57715 and
 No. 33-60587 on Form S-8.
 
 We also are aware that the aforementioned report, pursuant to Rule 436(c)
 under the Securities Act, is not considered a part of the Registration
 Statement prepared or certified by an accountant or a report prepared or
 certified by an accountant within the meaning of Sections 7 and 11 of that
 Act.
 
 
 
 
 DELOITTE & TOUCHE LLP
 
 Dallas, Texas
 May 14, 1997
----

(2004/C 65 E/133)

WRITTEN QUESTION E-2232/03

by Sebastiano Musumeci (UEN) to the Council

(3 July 2003)

Subject:   Euro-Mediterranean Bank in Sicily

At the request of the Laeken European Council of December 2001, the Commission and the Council have examined the possibility of setting up a Euro-Mediterranean Bank. The Barcelona European Council of 15/16 March 2002 approved the creation of a reinforced Euro-Mediterranean investment facility within the EIB, complemented by a Euro-Mediterranean partnership arrangement and an EIB representative office in the area.

Could the Council therefore indicate:

Reply

(17 November 2003)

As noted in the Member's question, the European Council, in Barcelona on 15/16 March 2002, approved, in paragraph 52 of its Conclusions, the Ecofin Council's decision on the creation of a reinforced Euro-Mediterranean investment facility within the EIB. This facility was established by the European Investment Bank in accordance with the Council decision as the ‘Facility for Euro-Mediterranean Investment and Partnership’ or ‘FEMIP’.

Taking into account all the elements cited by the Member in his question, the FEMIP was established with a financial facility, complemented by the Euro-Mediterranean Partnership arrangement, which pursues co-operation in the region through its ‘Policy Dialogue and Coordination Committee’, with co-operation further enhanced by the establishment of a representative office of the EIB in the Euro-Mediterranean region.

Such a regional office was opened in Cairo in July of 2003.

On the same occasion, the European Council Conclusions also noted in paragraph 52 that ‘On the basis of an evaluation of the Facility's performance, and taking into account the outcome of consultations with our Barcelona Process partners, a decision on the incorporation of an EIB majority-owned subsidiary dedicated to our Mediterranean partner countries will be considered and taken one year after the launching of the Facility.’ As the FEMIP was launched in October 2002, the evaluation of its first year of operation is expected to be completed in the Autumn of this year, with the associated decision on the incorporation of a subsidiary to be taken in light of that evaluation.

The Council is expected to discuss the evaluation and the outcome of consultations with Barcelona Process partners in November, at which point it may consider the question of the incorporation of an EIB majority-owned subsidiary.

----
(Translation
from original Chinese)

    


    Credit
Facility Notification from Bank of Beijing

    


    To:
Beijing Telestone Technology Company Limited

    


    In order
to establish a relationship between the bank and enterprise and promote the
development of both sides and long-term cooperation, we intend to provide RMB
300 million (approximately USD 44 million dollars) credit facility (the “Credit
Facility”) to Beijing Telestone Technology Company Limited (the “Company”) in
five years according to the Company’s current situation and potential
growth.

    


    The
Credit Facility is provided upon the operation, financial position, business
outlook and the prospect of the industry of the Company. We will sign contracts
with the Company for loan within the line of credit after we review the formal
application and materials according to the relevant regulations and government
policy and rules of Bank of Beijing and get approval from Bank of Beijing, and
the contract should be executed accordingly. We reserve the right to make change
on the Credit Facility according to the performance of the Company and change of
the credit policy.

    


    This
notification can not be used as credit certification or security documents. The
obligations and rights should be clarified on the formal contracts signed by the
Company and Bank of Beijing.

    


    This
notification is effective as the signed date for 60 months.

    


    
      
        	 
      	
                Zhong
      Guancun Science Park Branch, Bank of Beijing

              
	 
      	
                Date:
      September 27, 2010
ex103form8k_sbh-112210.htm


  
Exhibit 10.3


 








 


Third Amendment to the Employment Agreement







THIRD AMENDMENT, dated as of, and effective, November 16, 2010 (this “Amendment”), to the Employment Agreement dated as of June 9, 2008 (the “Agreement”) by and between Spectrum Brands, Inc., (the “Company”), and Anthony L. Genito (the “Executive”).







WHEREAS, the parties desire to amend the Agreement in certain respects; and agree that all other terms and conditions of the Agreement shall otherwise remain in place, except as expressly amended herein.







NOW, THEREFORE, for valuable consideration, receipt and sufficiency of which are hereby acknowledged, and intending to be legally bound hereby, the parties do hereby agree as follows, effective as of the date set forth below:








 



	
1.        

	
Section 3(e) of the Agreement is amended and restated in its entirety as follows:







 


New Stock-Based Award.  Subject to the Executive’s continued employment with the Company: (i) in fiscal year 2011, the Executive shall receive a grant of stock awards for fiscal year 2011 consisting of 88,888 restricted stock units covering common shares of Spectrum Brands Holdings, Inc., a Delaware corporation (the “Parent”) (the “RSUs”) and (ii) in fiscal year 2012, the Executive shall receive a grant for fiscal year 2012 of 88,888 RSUs. The vesting of the RSUs will be subject to time and performance based vesting and shall be subject to the terms and conditions as more fully set forth in an award agreement. For the avoidance of doubt, the Executive will not be entitled to the grant of RSUs following the termination of his employment with the Company.


 



	
2.        

	
Section 4(f) of the Agreement is amended and restated as follows:







 


The phrase “2004 Rayovac Incentive Plan” shall be deleted and replaced with the phrase “Spectrum Brands Holdings, Inc. 2011 Omnibus Equity Award Plan.”


 



	
3.        

	
This Amendment shall be governed by and construed and enforced in accordance with the laws of the State of Georgia, without regard to principles of conflicts of laws thereof that would call for the application of the substantive law of any jurisdiction other than the State of Georgia.







 



	
4.        

	
This Amendment may be executed in one or more counterparts, each of which shall be deemed to be a duplicate original, but all of which, taken together, shall constitute a single instrument.







 



[Signature Page follows]


 




 






 





 











 








 


 


IN WITNESS WHEREOF, the parties have executed this Amendment as of the date first above written.


 





	 	
Spectrum Brands, Inc.

	 
	 	 	 	 
	 	 	 	 
	
 

	
By: 

	/s/ John T. Wilson                   	 
	 	 	Name:  John T. Wilson 	 
	 	 	
Title:    Senior Vice President, Secretary 


             and General Counsel

	 
	 	 	 	 







 




EXECUTIVE:












/s/ Anthony L. Genito                                  


Name:  Anthony L. Genito
EXHIBIT 32.1
                   CERTIFICATION OF PERIODIC FINANCIAL REPORTS


      Each of the undersigned hereby certifies that this Quarterly Report on
      Form 10-Q complies with the requirements of Section 13(a) or 15(d) of the
      Securities Exchange Act of 1934, as amended, and the information contained
      in such report fairly represents, in all material respects, the financial
      condition and results of operations of the Company.


August 14, 2008                             August 14, 2008


/s/ Jeffrey L. Minch                        /s/ Richard S. Chilinski
--------------------------------------      ------------------------------------
Jeffrey L. Minch,                           Richard S. Chilinski,
President and Chief Executive Officer       Chief Financial Officer
      Officer


                                       28
GOODWIN v. SMITH.

No. 398P08-2.

Supreme Court of North Carolina.

Nov. 5, 2015.

Norman B. Smith, Greensboro, for Smith, Norman B.

Wesley Goodwin, Greensboro, for Goodwin, Wesley Foust-Graham.

**Opinion**

The following order has been entered on the motion filed on the 14th of September 2015 by Plaintiff for Petition for Discretionary Review:

> "Motion Dismissed by order of the Court in conference, this the 5th of November 2015."
STATE v. Shellman HUGHES.

No. 512P08.

Supreme Court of North Carolina.

February 5, 2009.

Derrick C. Mertz, Charles E. Reece, Assistant Attorney Generals, Ben David, District Attorney, for State of NC.

The following order has been entered on the motion filed on the 12th day of November *8682008 by Defendant for "Petition for Discretionary Review Under G.S. 7A-31":

"Motion Denied by order of the Court in conference this the 5th day of February 2009."
Yanka Adilene CASTRO, a minor by and through her Gal, Julie C. WALL, Plaintiff, v. Zachary Andrew THOMAS and Heather Shoar Thomas, Defendants.

No. COA14-1177.

Court of Appeals of North Carolina.

Oct. 6, 2015.

**Case Reported Without Published Opinion**

New Trial.
# C_2023024EN.01008301.xml

| 23.1.2023 | EN | Official Journal of the European Union | C 24/83 |
| --- | --- | --- | --- |

23.1.2023

EN

Official Journal of the European Union

C 24/83

---

Action brought on 5 December 2022 — Roethig López v EUIPO — William Grant & Sons Irish Brands (AMAZONIAN GIN COMPANY)

(Case T-756/22)

(2023/C 24/111)

Language in which the application was lodged: English

Parties

Applicant: Eric Roethig López (Lluchmajor, Spain) (represented by: J. Carbonell Callicó, lawyer)

Defendant: European Union Intellectual Property Office (EUIPO)

Other party to the proceedings before the Board of Appeal: William Grant & Sons Irish Brands Ltd (Dublin, Ireland)

Details of the proceedings before EUIPO

Proprietor of the trade mark at issue: Applicant before the General Court

Trade mark at issue: European Union word mark AMAZONIAN GIN COMPANY — European Union trade mark No 17 952 939

Procedure before EUIPO: Cancellation proceedings

Contested decision: Decision of the Fifth Board of Appeal of EUIPO of 23 September 2022 in Case R 1978/2021-5

Form of order sought

The applicant claims that the Court should:

| — | annul the contested decision; |
| --- | --- |

—

annul the contested decision;

| — | order EUIPO and the intervener to pay all the costs of the dispute before General Court, including those relating to the procedure before the Board of Appeal. |
| --- | --- |

—

order EUIPO and the intervener to pay all the costs of the dispute before General Court, including those relating to the procedure before the Board of Appeal.

Plea in law

| — | Infringement of Article 7(1)(c) of Regulation (EU) 2017/1001 of the European Parliament and of the Council. |
| --- | --- |

—

Infringement of Article 7(1)(c) of Regulation (EU) 2017/1001 of the European Parliament and of the Council.

---
Exhibit 32.1CERTIFICATION PURSUANT TO 18 U.S.C. SECTION 1350,AS ADOPTED PURSUANT TOSECTION 906 OF THE SARBANES-OXLEY ACT OF 2002          In connection with the Quarterly Report on Form 10-Q of LIN TV Corp. for the three monthsended September 30, 2007 as filed with the Securities and Exchange Commission on the date hereof(the “Report”), the undersigned, Vincent L. Sadusky, President and Chief Executive Officer of theCompany, and Bart W. Catalane, Senior Vice President and Chief Financial Officer of the Companyhereby certifies, pursuant to 18 U.S.C. Section 1350, that:          (1) The Report fully complies with the requirements of Section 13(a) or 15(d) of theSecurities Exchange Act of 1934; and          (2) The information contained in the Report fairly presents, in all material respects, thefinancial condition and results of operations of the Company.        Dated: November 9, 2007 s/Vincent L. Sadusky   Vincent L. Sadusky   President and Chief Executive Officer      Dated: November 9, 2007 s/Bart W. Catalane   Bart W. Catalane   Senior Vice President and Chief Financial Officer
In re the Foreclosure of BROWN.

No. 224PA15-1.

Supreme Court of North Carolina.

Sept. 24, 2015.

Wilder Wadford, Weaverville, for Brown, Grover C., et al.

Adam W. Bull, Asheville, for Almond, Nelson T. (Executor), et al.

John R. Dillard, for First Choice Title, LLC.

**Opinion**

The following order has been entered on the motion filed on the 20th of July 2015 by Petitioners (Grover & Margaret Brown) to Amend Petition for Discretionary Review:

> "Motion Allowed by order of the Court in conference, this the 24th of September 2015."
STATE v. Reginald U. FULLARD.

No. 475P14-3.

Supreme Court of North Carolina.

Aug. 20, 2015.

Reginald Fullard, Polkton, for Fullard, Reginald U.

Robert C. Montgomery, Special Deputy Attorney General, for State of N.C.

Thomas J. Keith, District Attorney, for State of N.C.

**Opinion**

The following order has been entered on the motion filed on the 9th of July 2015 by Defendant for Order of Transcripts:

> "Motion Dismissed by order of the Court in conference, this the 20th of August 2015."
STATE v. BANDON.

No. COA07-252.

Court of Appeals of North Carolina.

Filed September 4, 2007.

Certification Date September 24, 2007.

Appeal from Caldwell (04CRS5340).

Case reported without published opinion. No error.
<TABLE> <S> <C>

<PAGE>
 
<ARTICLE> 5
       
<S>                             <C>
<PERIOD-TYPE>                   YEAR
<FISCAL-YEAR-END>                          DEC-31-1998
<PERIOD-START>                             JAN-01-1998
<PERIOD-END>                               DEC-31-1998
<CASH>                                          $4,474
<SECURITIES>                                         0
<RECEIVABLES>                                   82,920
<ALLOWANCES>                                   (2,404)
<INVENTORY>                                     25,625
<CURRENT-ASSETS>                               139,317
<PP&E>                                         283,242
<DEPRECIATION>                                (89,904)
<TOTAL-ASSETS>                                 363,822
<CURRENT-LIABILITIES>                          112,639
<BONDS>                                        315,029
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                             0
<OTHER-SE>                                    (90,822)
<TOTAL-LIABILITY-AND-EQUITY>                   363,822
<SALES>                                              0
<TOTAL-REVENUES>                               487,184
<CGS>                                          432,720
<TOTAL-COSTS>                                        0
<OTHER-EXPENSES>                                40,221
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                              31,974
<INCOME-PRETAX>                               (17,731)
<INCOME-TAX>                                       625
<INCOME-CONTINUING>                           (18,356)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                  (18,356)
<EPS-PRIMARY>                                        0
<EPS-DILUTED>                                        0
        

</TABLE>
**EXHIBIT 32.1**
     **OrthodonticCenters of America, Inc.     Certification Pursuant to Section 906 of the Sarbanes-Oxley Act of 2002**
     In connection with the quarterly report on Form 10-Q for the quarter endedMarch 31, 2004, as filed with the Securities and Exchange Commission on thedate hereof (the “Report”), of Orthodontic Centers of America, Inc. (the“Company”), I, Bartholomew F. Palmisano, Sr., Chief Executive Officer of theCompany, certify, pursuant to 18 U.S.C. § 1350, as adopted pursuant to § 906 ofthe Sarbanes-Oxley Act of 2002, that:
     (1) The Report fully complies with the requirements of Section 13(a) or15(d) of the Securities Exchange Act of 1934, as amended; and
     (2) The information contained in the Report fairly presents, in allmaterial respects, the financial condition and results of operations of theCompany.        May 20, 2004 /s/ Bartholomew F. Palmisano, Sr.   Bartholomew F. Palmisano, Sr.   Chairman of the Board, President andChief Executive Officer
_________________________________________ 

 

 

 

Order Michigan Supreme Court

Lansing, Michigan 

February 19, 2008 Clifford W. Taylor,

 Chief Justice 

134208 & (23) (24) (30) Michael F. Cavanagh 

Elizabeth A. Weaver 

Marilyn Kelly 

Maura D. Corrigan 

PEOPLE OF THE STATE OF MICHIGAN,

Plaintiff-Appellee, 

Robert P. Young, Jr. 

Stephen J. Markman,

 Justices 

v SC: 134208 

 COA: 275419 

Wayne CC: 03-001583-01,

03-001582-01, 03-002568-01,

03-002554-01 

HENRY CHARLES DAVIS,

Defendant-Appellant. 

_________________________________________/ 

By order of September 10, 2007, the prosecuting attorney was directed to answer 

the application for leave to appeal the May 4, 2007 order of the Court of Appeals. On 

order of the Court, the answer having been received, the application for leave to appeal is 

again considered and, pursuant to MCR 7.302(G)(1), in lieu of granting leave to appeal, 

we REMAND these cases to the Wayne Circuit Court for entry of an amended Judgment 

of Sentence in No. 03-002568. As the prosecution concedes, the Judgment of Sentence 

entered in that file on January 25, 2006 erroneously states that the sentences are to run 

consecutively with the sentences in Nos. 03-001582, 03-001583 and 03-002554, contrary 

to the plea agreement provision, which was sanctioned by the circuit court, that all 

sentences are to run concurrently. See PT, 6, 10-11, 22 and 23. In all other respects, 

leave to appeal is DENIED, because we are not persuaded that the remaining questions 

presented should be reviewed by this Court. The motions for miscellaneous relief are 

DENIED as moot. 

We do not retain jurisdiction. 

s0211 

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. 

February 19, 2008 

 Clerk
Exhibit 99.1

                                  JETFLEET III

                    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 this quarterly report of JetFleet III (the "Company") on Form
10-QSB for the period ended March 31, 2003 (the "Report"), I, Neal D. Crispin,
President and Chief Financial Officer of the Company, hereby certify as of the
date hereof, solely for purposes of Title 18, Chapter 63, Section 1350 of the
United States Code, that to the best of my knowledge:

              (1) the Report fully complies with the requirements of Section
              13(a) or 15(d), as applicable, 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 at the dates and for the periods
              indicated.



Date: May 15, 2003                   /s/  Neal D. Crispin
                                    --------------------------
                                     Neal D. Crispin
                                     President, Chief Financial Officer
**THE SUPREME COURT OF TEXAS**

**Post Office Box 12248**

**Austin, Texas 78711**

**(512) 463-1312**

May 27, 2005

Mr. Jack G. Carnegie

Jones Day

717 Texas Avenue, Suite 3300

Houston, TX 77002-2900

Mr. Kevin H. Dubose

Alexander Dubose Jones & Townsend LLP

1844 Harvard Street

Houston, TX 77008-4342

RE:Case Number:  02-0701

Court of Appeals Number:  14-00-00428-CV

Trial Court Number:  98-05567

Style:CARL J. BATTAGLIA, M.D., P.A., AND TOMMY A. POLK, M.D., P.A.

v.

LISA JONES ALEXANDER, INDIVIDUALLY AND AS NATURAL REPRESENTATIVE OF THE ESTATE OF MARK G. ALEXANDER, DECEASED, JAMES ALEXANDER, INDIVIDUALLY, AND RUBY ALEXANDER, INDIVIDUALLY

Dear Counsel:

Today the Supreme Court of Texas delivered the enclosed opinions and judgment in the above-referenced cause.  Respondent’s Motion to Dismiss as Improvidently Granted is denied.

Sincerely,

Andrew Weber, Clerk

by Claudia Jenks, Chief Deputy Clerk

Enclosures

**Case No. 02-0701Page 1**
<PAGE>   1



                                                                    EXHIBIT 99.1









<PAGE>   2



                     IMC HOME EQUITY LOAN OWNER TRUST 1997-4

                              Officer's Certificate




In connection with the above-referenced trust and pursuant to Section 4.16 of
the related Sale and Servicing Agreement ("Agreement"), IMC Mortgage Company (as
"Servicer"), hereby confirms the following:

(i) a review of the activities of the Servicer during 1997 and of performance
under the Agreement has been made under my supervision; and

(ii) to the best of my knowledge, based on such review, the Servicer has
fulfilled all of its obligations under the Agreement for the calendar year 1997.


                              IMC Mortgage Company


                              By:  /s/ Thomas G. Middleton
                                  ---------------------------------------------
                                       Thomas G. Middleton
                                       President & Chief Operating Officer
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 Annual Report on Form 10-K of Active Power, Inc. (the
Company) for the period ending December 31, 2005, as filed with the Securities and Exchange Commission on the date hereof (the Report), I, Joseph F. Pinkerton, III, Chief Executive 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, to my knowledge:



|(1) | The Report fully complies with the requirements of Section 13a or 15d, as applicable, of the Securities Exchange Act of 1934, as amended; 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/ Joseph F. Pinkerton, IIIJoseph F. Pinkerton, III Chairman of the Board and Chief Executive Officer February 27, 2006


A signed original of this written statement required by Section 906 has been provided to Active Power, Inc.
and furnished to the Securities and Exchange Commission or its staff upon request.