alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
Docket 148/140

#### Benjamin Blackman, complainant, *v*. Joseph L. Pink et al., defendants.

[Decided January 23d, 1947.]

*232
      *Mr. David Cohn,*for the complainant.

*Mr. Louis Santorf*and *Mr. Viclor Rushin,*for the defendants.

Lewis, V. C.

A verified bill of complaint was filed herein and an order to show cause issued directing the defendants to show cause why a master should not be appointed with full powers to investigate defendants’ business, its debts, obligations, contracts and liabilities and also the acts anti conduct of any of its officers and agents and directors respecting and relating to any of its business transactions in so far as they affect the claims, demands, and rights of the complainant. Issue having been joined between the parties by the filing of answering affidavits, the matter was argued orally on an adjourned return day of said order to show cause. On April 28th, 1945, an order was made appointing a master with full .power to investigate the business of the defendants.

The word “may” as used in the rules of the Court of Chancery is not mandatory. *Rule 1, Rules of Court of Chancery of the State of New Jersey*(Edition of 1938); *Wemple*v. *B. F. Goodrich Co.,*127*N. J. Eq. 333*(at *p.*336); *12 Atl. Rep. (2d) 716*(at *p. 718).*

These rules shall be considered as general rules for the government of the court and the conduct of causes; and as the design of them is to facilitate business and advance justice, they may be relaxed or dispensed with by the court in any case where it shall be manifest to the court that a strict adherence to them will work surprise or injustice. *Rule 4, Rules of Court of Chancery of the State of New Jersey*(Edition of 1938); *Metropolitan Life Insurance Co.*v. *N. & R. Building Co., 110 N. J. Eq. 316*(at *p.*318); *159 Atl. Rep. 792*(at *p.*793); *Matthews*v. *American Tobacco Co., 130 N. J. Eq. 470*(at *p.*478); *23 Atl. Rep. (2d) 301*(at *p. 307).*

The Chancellor, or Vice-Chancellor acting for the Chancellor, has the power to refer any matter pending in the court at any time to a master for consideration and “to report” or *233“to advise.” *Practical Building and Loan Association of Newark*v. *Meisol, 101 N. J. Eq.*636; *139 Atl. Rep. 338; Collins Realty Co.*v. Sale, *102 N. J. Eq. 486; 141 Atl. Rep. 452;*appeal dismissed in *141 Atl. Rep. 919.*
EX-10.1



 EXHIBIT 10.1 
 SIXTH AMENDMENT TO 
 CITRIX SYSTEMS, INC. 

AMENDED AND RESTATED 
 2005 EQUITY INCENTIVE PLAN 
 WHEREAS, Citrix Systems, Inc. (the
“Company”) desires to amend the Citrix Systems, Inc. Amended and Restated 2005 Equity Incentive Plan (as amended and in effect, the “Plan”) to increase the aggregate number of shares of Common Stock issuable pursuant to
restricted stock, restricted stock units, performance units or stock grants by 7,000,000 shares of Common Stock (the “Plan Amendment”); and 
 WHEREAS, on March 1, 2013, subject to stockholder approval, the Compensation Committee of the Board of Directors of the Company approved the Plan Amendment. 

NOW THEREFORE, in accordance with Section 15 of the Plan, the Plan is hereby amended as follows: 

 

	 	1.	Section 4 of the Plan is hereby amended by deleting the second sentence of the first paragraph thereof in its entirety and substituting the following in lieu
thereof: 

 “In addition to the foregoing, at no time shall the number of
shares of Stock issued pursuant to Restricted Stock, Restricted Stock Units, Performance Units or Stock Grants exceed 16,000,000 shares of Stock; subject, however, to the provisions of Section 8 of the Plan.” 

 

	 	2.	The Plan Amendment shall be effective upon approval of the stockholders of the Company at the 2013 Annual Meeting of Stockholders. If the Plan Amendment is not so
approved at such meeting, then the amendment to the Plan set forth herein shall be void ab initio. 

  

	 	3.	Except herein above provided, the Plan is hereby ratified, confirmed and approved in all respects.
* 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

For the Fifth Circuit

No. 98-40672 Summary Calendar

In re: JASPER CALHOUN ROWE,
Debtor

------------------------------
JASPER CALHOUN ROWE, Appellant,

versus MICHAEL GROSS; BERKELEY FEDERAL BANK & TRUST FSB,

Now Ocwen Federal Bank, Appellees.

Appeal from the United States District Court for the Eastern District of Texas (4:97-CV-93)

April 2, 1999 Before WISDOM, JONES, and EMILIO M. GARZA, Circuit Judges.
Per Curiam: * In November of 1996, appellant Jasper Rowe filed a Chapter 13 bankruptcy petition for the fifth time in a thirty-three month period. The bankruptcy court dismissed the petition and voided the automatic stay provisions of Chapter 13, allowing Rowe’s creditor, Ocwen Federal Bank & Trust, to foreclose on Rowe’s home and sell the property. Rowe now appeals that ruling.2 R. vol. 1 at 119.

We affirm. Rowe contends that the bankruptcy court abused its discretion in voiding the automatic stay and dismissing the petition. Rowe further contends that in taking these actions, the bankruptcy court denied him his rights to due process under the Fifth and Fourteenth Amendments, and under 11 U.S.C. §§ 1307 (b) and (c). We disagree. Having reviewed the record, we hold that there is more than enough evidence to support the district court’s finding that Rowe’s actions were “wholly abusive of the bankruptcy code’s
tenets.” 2 It is clear from the record that Rowe had no intention to genuinely reorganize, and that his actions were taken solely to interfere improperly with Ocwen’s foreclosure proceedings. On the basis of the foregoing, the judgment of the district court is AFFIRMED.
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 Form 10-QSB of Madison Avenue Holdings, Inc.
(the "Company") for the quarter ended March 31, 2006, as filed with the
Securities and Exchange Commission on the date hereof (the "Report"), I, Alex
Kam, CEO 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 the Report fully
complies with the requirements of Section 13(a) or Section 15(d) of the
Securities Exchange Act of 1934, as amended, and the information contained in
the Report fairly presents, in all material respects, the financial condition
and results of operations of the Company.

/s/    Alex Kam
-----------------------------
Alex Kam
As CEO and CFO
Date: May 11, 2006
<page>			            EXHIBIT 32.02


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 of Morgan Stanley Charter
Graham L.P. (the ?Partnership?) on Form 10-K for the period ended
December 31, 2004 as filed with the Securities and Exchange
Commission on the date hereof (the ?Report?), I, Kevin Perry,
Chief Financial Officer, Demeter Management Corporation, the
general partner of the Partnership, certify, pursuant to 18 U.S.C.
Section 1350, as adopted pursuant to Section 906 of the Sarbanes-
Oxley Act of 2002, that, to the best of 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 Partnership.







By:	  /s/	Kevin Perry

Name:		Kevin Perry
Title:	Chief Financial Officer

Date:		March 31, 2005
EXHIBIT 31.1

                                  CERTIFICATION

I, Robert E. Swanson, certify that:

1. I have reviewed this Quarterly Report on Form 10-Q of Ridgewood Energy K
Fund, LLC;

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(s) 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(s) 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 the 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.



Date: November 17, 2005


/s/ Robert E. Swanson
Robert E. Swanson
President and Chief Executive Officer
(principal executive officer)
EXHIBIT
32.2









CERTIFICATION
OF INTERIM CHIEF FINANCIAL 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 Annual Report of
Visual Management Systems, Inc. (the “Company”) on Form 10-Q for the period
ended March 31, 2008, as filed with the Securities and Exchange Commission (the
“Report”), I, Frank Schmid, Interim Chief Financial Officer and Secretary of the
Company, do hereby 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 §13(a) or 15(d) of the Securities
Exchange Act of 1934, as amended, 15 U.S.C. §78m or 78o(d), and,




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




May
      20, 2008
            By:
            /s/ Frank SchmidInterim
      Chief Financial Officer andSecretary
# Official Journal C 69/24 F

| | ISSN 1977-091X |
| --- | --- |
| Official Journal
  of the European Union | C 69 |
| | |
| English edition | Information and Notices | Volume 6624 February 2023 |

ISSN 1977-091X

Official Journal

of the European Union

C 69

English edition

Information and Notices

Volume 6624 February 2023

---

| Contents | page |
| --- | --- |
| | II   Information |
| | INFORMATION FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES |
| | European Commission |
| 2023/C 69/01 | Authorisation for State aid pursuant to Articles 107 and 108 of the Treaty on the Functioning of the European Union – Cases where the Commission raises no objections (
  1
  ) | 1 |
| 2023/C 69/02 | Authorisation for State aid pursuant to Articles 107 and 108 of the Treaty on the Functioning of the European Union — Cases where the Commission raises no objections | 7 |

Contents

page

II   Information

INFORMATION FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES

European Commission

2023/C 69/01

Authorisation for State aid pursuant to Articles 107 and 108 of the Treaty on the Functioning of the European Union – Cases where the Commission raises no objections (
  1
  )

1

1

2023/C 69/02

Authorisation for State aid pursuant to Articles 107 and 108 of the Treaty on the Functioning of the European Union — Cases where the Commission raises no objections

7

---

| | |
| --- | --- |
| | (1)   Text with EEA relevance. |

---

(1)   Text with EEA relevance.

1

| EN | |
| --- | --- |

EN
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 Cyber Merchants Exchange,  Inc. Report on Form 10-KSB for
the  period  ended  May 31,  2005 as filed  with  the  Securities  and  Exchange
Commission  on the date hereof (the  "Report"),  I, Frank S. Yuan,  Chairman and
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 the best of my knowledge:

      (1)   Fully  complies with the  requirements  of Section 13(a) or 15(d) of
            the Securities Exchange Act of 1934, as amended, and

      (2)   The  information  contained  in such  Report on Form  10-KSB  fairly
            presents  in all  material  respects  the  financial  condition  and
            results of operations of the Company.

By:  /s/ Frank S. Yuan
     -----------------
         Frank S. Yuan
Chief Executive Officer and Director
August 26, 2005

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 CYBER MERCHANTS EXCHANGE, INC. AND
WILL BE  RETAINED  BY  CYBER  MERCHANTS  EXCHANGE,  INC.  AND  FURNISHED  TO THE
SECURITIES AND EXCHANGE COMMISSION OR ITS STAFF UPON REQUEST.
<PAGE>
 
                                                                      EXHIBIT 23



                   CONSENT OF INDEPENDENT PUBLIC ACCOUNTANTS


To BANK ONE CORPORATION:


  As independent public accountants, we hereby consent to the incorporation of
our report dated January 14, 1999, included in this Form 10-K, into the
following previously filed registration statements of the Corporation:
 
REGISTRATION STATEMENTS             REGISTRATION STATEMENTS
ON FORM S-8:                              ON FORM S-3

 
Registration Numbers:               Registration Numbers:
 
33-03470             33-50117       333-38397
33-14475             33-55149       333-72791
33-10822             33-55315       333-65427
33-18277             33-58923       333-65451
33-27849            333-00445       333-60313
33-34294            333-26929
33-37400            333-27631
33-20890            333-28281
33-20990            333-29395
33-40041            333-30419
33-45473            333-30421
33-46189            333-30425
33-53752            333-30429
33-55172            333-56739
33-55174            333-52503
33-54100            333-63837
33-61760
33-61758
33-60424

                                    /s/  Arthur Andersen LLP


Chicago, Illinois,
March 29, 1999
# Fourth Court of Appeals

**San Antonio, Texas**

JUDGMENT

No. 04

- 22

- 00355

- CV

SSC WIMBERLEY OPERATING COMPANY, LLC ;

Randall Morris; Bozena Mrozek; Calvin Boutte; SavaSeniorCare Administrative and Consulting,

LLC; and SSC Equity Holdings MT, LLC,

Appellants

v.

Shellie GOODMAN

, Appellee

From the 166th Judicial District Court

, Bexar County, Texas

Trial Court No. 2021CI17165

Honorable Norma Gonzales , Judge Presiding

BEFORE JUSTICE ALVAREZ

, JUSTICE CHAPA , AND JUSTICE VALENZUELA

In accordance with this court’s opinion of this date, the trial court’s May 25, 2022 order

denying Appellants’ motion to abate and compel arbitration is REVERSED.

We REMAND the cause to the trial court for it to render an order (1) compelling arbitration

of Shellie Goodman’s retaliation claim and (2) staying all litigation of Shellie Goodman’s

retaliation claim against all defendants pending resolution of the arbitr ation.

We tax costs of court for this appeal against Shellie Goodman.

SIGNED January 11, 2023.

_____________________________ Patricia O. Alvarez, Justice
# Official Journal L 341/19 D

| | ISSN 1725-2555 |
| --- | --- |
| Official Journal
  of the European Union | L 341 |
| | |
| English edition | Legislation | Volume 5119 December 2008 |

ISSN 1725-2555

Official Journal

of the European Union

L 341

English edition

Legislation

Volume 5119 December 2008

---

| Contents | | II   Acts adopted under the EC Treaty/Euratom Treaty whose publication is not obligatory | page |
| --- | --- | --- | --- |
| | | DECISIONS |
| | | Council |
| | | 2008/936/EC |
| | * | Council Decision of 15 September 2008 on the signing and conclusion of the Protocol to the Interim Agreement on trade and trade-related matters between the European Community, of the one part, and the Republic of Albania, of the other part, to take account of the accession of the Republic of Bulgaria and Romania to the European Union | 1 |

Contents

II   Acts adopted under the EC Treaty/Euratom Treaty whose publication is not obligatory

page

DECISIONS

Council

2008/936/EC

*

Council Decision of 15 September 2008 on the signing and conclusion of the Protocol to the Interim Agreement on trade and trade-related matters between the European Community, of the one part, and the Republic of Albania, of the other part, to take account of the accession of the Republic of Bulgaria and Romania to the European Union

1

| | | |
| --- | --- | --- |
| | * | Note to the reader (see page 3 of the cover) | s3 |

*

Note to the reader (see page 3 of the cover)

Note to the reader

s3

| EN | Acts whose titles are printed in light type are those relating to day-to-day management of agricultural matters, and are generally valid for a limited period.
  The titles of all other Acts are printed in bold type and preceded by an asterisk. |
| --- | --- |

EN

Acts whose titles are printed in light type are those relating to day-to-day management of agricultural matters, and are generally valid for a limited period.

The titles of all other Acts are printed in bold type and preceded by an asterisk.
<PAGE>

                                                                   Exhibit 10.11
                                                                   -------------

                     First Amendment to Employment Agreement

This First Amendment to Employment Agreement (the "First Amendment") dated as of
November ___, 2001 between Dice Inc. (f/k/a EarthWeb Inc.) (the "Company") and
Scot W. Melland ("Employee");

Whereas, the Company and Employee entered into that certain Employment Agreement
dated as of April 23, 2001 (the "Employment Agreement");

Whereas, the Company and Employee desire to amend certain sections of the
Addendum to Employment Agreement (the "Addendum");

Now, Therefore, for good and valuable consideration, the receipt and sufficiency
of which is hereby acknowledged, the Company and Employee hereby agree as
follows:

1.   The third and fourth sentences of Section 3(b) of the Addendum shall be
     deleted in their entirety and replaced with the following:

          If such Change of Control occurs after the ninety-first day of
          Employee's employment with the Company, all outstanding Stock Options
          granted to the Employee which are not vested and exercisable as of the
          date of such Change of Control shall become vested and exercisable as
          of such date and shall remain exercisable for the periods prescribed
          in the Stock Option Plan.

2.   All capitalized terms used herein that are not defined herein shall have
     the meanings ascribed thereto in the Employment Agreement.

3.   Except as otherwise expressly amended by this First Amendment to Employment
     Agreement, the Employment Agreement remains in full force and effect and
     the Employment Agreement as amended herein shall comprise the terms of
     Employee's employment with the Company.

AGREED TO BY:

DICE INC.                                           SCOT W. MELLAND


Sign:    /s/ Brian P. Campbell                      Sign:    /s/ Scot W. Melland
         ---------------------                               -------------------
113TH CONGRESS 

2D SESSION H. R. 4225 

AN ACT 

To amend title 18, United States Code, to provide a penalty 

for knowingly selling advertising that offers certain commercial sex acts. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 
2 

•HR 4225 EH

1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Stop Advertising Vic3 tims of Exploitation Act of 2014’’ or the ‘‘SAVE Act of 

4 2014’’. 

5 SEC. 2. ADVERTISING THAT OFFERS CERTAIN COMMER6 CIAL SEX ACTS. 

7 (a) IN GENERAL.—Section 1591 of title 18, United 

8 States Code, is amended in subsection (a)(1), by inserting 

9 after ‘‘obtains,’’ the following: ‘‘advertises,’’. 

10 (b) MENS REA REQUIREMENT.—Section 1591 of title 

11 18, United States Code, is amended in subsection (a), by 

12 inserting after ‘‘knowing, or’’ the following: ‘‘, except 

13 where, in an offense under paragraph (2), the act consti14 tuting the violation of paragraph (1) is advertising,’’. 

15 (c) CONFORMING AMENDMENTS.—Section 1591(b) 

16 of title 18, United States Code, is amended— 

17 (1) in paragraph (1), by striking ‘‘or obtained’’ 

18 and inserting ‘‘obtained, or advertised’’; and 

19 (2) in paragraph (2), by striking ‘‘or obtained’’ 

20 and inserting ‘‘obtained, or advertised’’. 

Passed the House of Representatives May 20, 2014. 

Attest: 

Clerk. 

113TH CONGRESS 

2D SESSION H. R. 4225 

AN ACT 

To amend title 18, United States Code, to provide 

offers certain commercial sex acts. a penalty for knowingly selling advertising that
#### STATE of Louisiana v. Bernard WILLIAMS.

No. 2003-KK-1819.

Supreme Court of Louisiana.

Sept. 5, 2003.

In re State of Louisiana;—Plaintiff; Applying for Supervisory and/or Remedial Writs, Parish of Jefferson, 24th Judicial District Court Div. E, No. 99-7488; to the Court of Appeal, Fifth Circuit, No. 03-K-577.

Judgement of the Court of Appeal is vacated and the judgement of the trial court is reinstated.

CALOGERO, C.J., would deny the application.

JOHNSON, J., would deny the application.