alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
##### 



Exhibit 10.13
 NEW CENTURY FINANCIAL CORPORATION
CHANGE IN CONTROL SEVERANCE POLICY
 Purpose Policy
 Definitions
 Annual Performance Bonus
 Base Salary
 Board
 Bonus Amount
 Cause




---



##### 



Change in Control
 Incumbent Directors provided




---



##### 



provided however
 Exchange Act Company Voting
Securities provided however
 Business Combination Surviving Corporation Parent Corporation




---



##### 



Non-Qualifying Transaction Qualifying
Transaction
  provided
 Company
 Date of Termination
 Disability
 Equity Incentive Compensation




---



##### 



Good Reason
 provided however




---



##### 



Investigation
 Participant
 Potential Change in Control
 Qualifying Termination
 Subsidiary
 Termination Period




---



##### 



timing amount
  Eligibility provided however
 Payments Upon Termination of Employment Separation Agreement and Release




---



##### 



provided provided, further, COBRA
 Excise
Tax
 Key Employees .
 Withholding Taxes
 Reimbursement of Expenses




---



##### 



The Wall Street Journal provided however
 Scope of Policy provided however
 Successors; Binding Agreement




---



##### 



Notice
   
  provided, however
 Full Settlement; Resolution of Disputes and Costs




---



##### 



JAMS et
seq provided, however de novo de novo
 Employment with Subsidiaries
 Survival
 GOVERNING LAW; VALIDITY




---



##### 



Amendment and Termination provided however provided further
 Interpretation and Administration
 Claims and Appeals




---



##### 



Type of Policy ERISA
 No Duplication of Benefits




---



##### 



Nonassignability
 Effective Date
Exhibit 32.1 CERTIFICATION PURSUANT TO 18 U.S.C. SECTION 1350, AS
ADOPTED PURSUANT TO SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002 In connection with the Quarterly Report of U.S. Precious Metals, Inc. (the  Company ), on Form 10-Q for the fiscal quarter ended August 31, 2010, as filed with the Securities and Exchange Commission on the date hereof (the  Report ), I, Dave Burney, Principal 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 and belief: 1.          The Report fully complies with the requirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934; and 2.          The information contained in the Report fairly presents, in all material respects, the financial condition and results of operations of the Company.  /s/ Dave BurneyDave BurneyPresident(Principal Executive Officer)April 19, 2011
Exhibit 32 

 

**CERTIFICATION PURSUANT TO**

**18 U.S.C. SECTION 1350,**

**AS ADOPTED PURSUANT TO**

**SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002**

 

In connection with the Quarterly Report of Autostrada Motors, Inc. (the "Registrant") on Form 10-QSB for the period ending June 30, 2006, as filed with the Securities and Exchange Commission on the date hereof (the "Quarterly Report"), We, Douglas W. Fry, President and director and Travis T. Jenson, Secretary, Treasurer, CFO and director of the Registrant, certify, pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that: 

 

(1) The Quarterly 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 Quarterly Report fairly presents, in all material respects, the financial condition and result of operations of the Registrant. 

 

| *Date:*** | *08/04/06*** | * * | *By:***  | */s/Douglas W. Fry***                                        |
|-----------|--------------|----------|----------|--------------------------------------------------------------|
| * *  | * *     | * * | * * | *Douglas W. Fry, President and Director***                   |
| * *  | * *     | * * | * * | * *                                                     |
| *Date:*** | *08/04/06*** | * * | *By:***  | */s/Travis T. Jenson***                                      |
| * *  | * *     | * * | * * | *Travis T. Jenson, Secretary, Treasurer, CFO and Director*** |
#### STATE ex rel. John FRANK v. STATE.

No. 2002-KH-2180.

Supreme Court of Louisiana.

Aug. 29, 2003.

In re Frank, John;—Plaintiff; Applying for Supervisory and/or Remedial Writs, Parish of Jefferson, 24th Judicial District Court Div. E, No. 99-1093; to the Court of Appeal, Fifth Circuit, No. 02-KH-656.

Denied.
## St at e of Ne w York Supre me Court , Appe llat e D i vi s i on T h i rd J udi cial D e

part me n t Decided and Entered: October 6, 2016 107177

________________________________ THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v MEMORANDUM AND ORDER LEON SAMUEL, Appellant.

________________________________ Calendar Date: September 13, 2016 Before: McCarthy, J.P., Garry, Devine, Clark and Mulvey, JJ.

__________ Keeley A. Maloney, Albany, for appellant. P. David Soares, District Attorney, Albany (Brittany L. Grome of counsel), for respondent.

__________ Clark, J. Appeal from a judgment of the County Court of Albany County (Lynch, J.), rendered October 21, 2014, convicting defendant upon his plea of guilty of the crime of robbery in the third degree. Defendant waived indictment and was charged in a superior court information with robbery in the third degree. He pleaded guilty to this crime in satisfaction of another pending charge and waived his right to appeal, both orally and in writing. In accordance with the terms of the plea agreement, defendant was sentenced, as a second felony offender, to 3 to 6 years in prison. He now appeals. Initially, the record discloses that defendant validly waived his right to appeal, as County Court separately addressed-2- 107177

and distinguished this right from the other rights that defendant was automatically forfeiting by pleading guilty, and defendant communicated his understanding thereof and agreed to waive his right to appeal (see People v Cota, 136 AD3d 1116, 1116-1117 [2016]; People v Butler, 134 AD3d 1349, 1349-1350 [2015], lvs denied 27 NY3d 962, 963 [2016]). In addition, defendant executed a written appeal waiver that both he and his counsel signed in open court and presented to County Court (see People v Butler, 134 AD3d at 1349-1350; People v Rubio, 133 AD3d 1041, 1042 [2015]). Inasmuch as defendant knowingly, voluntarily and intelligently waived his right to appeal, he is precluded from challenging the severity of the sentence (see People v Butler, 134 AD3d at 1350; People v Almeida, 127 AD3d 1499, 1500 [2015], lv denied 26 NY3d 1006 [2015]). Defendant further argues that his counsel was ineffective in failing to bring certain mitigating circumstances to County Court's attention and to address the effect that his guilty plea may have upon his federal probation. As this claim pertains to sentencing and does not implicate the voluntariness of defendant's guilty plea, it is also foreclosed by defendant's valid appeal waiver (see People v Livziey, 117 AD3d 1341, 1342 [2014]; People v Coffey, 77 AD3d 1202, 1204 [2010], lv denied 18 NY3d 882 [2012]). McCarthy, J.P., Garry, Devine and Mulvey, JJ., concur.

ORDERED that the judgment is affirmed.

ENTER:

Robert D. Mayberger Clerk of the Court
CERTIFICATION PURSUANT TO

18 U.S.C. SECTION 1350,

AS ADOPTED PURSUANT TO

SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002







In connection with the Quarterly report of Global-E Investments, Inc. (the "Company") on Form 10-QSB for the period ending September 30, 2004, as filed with the Securities and Exchange Commission on the date hereof (the "Report"), I, Jamie Kerr, acting in the capacity as the Chief Executive Officer and I, John Shaffer, acting in the capacity of Chief Financial Officer of the Company, certify to the best of our knowledge, pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that:



(1)

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



(2)

The information contained in the Report fairly presents, in all material respects, the financial condition and result of operations of the Company.





/s/ Jamie Kerr

Jamie Kerr

Chief Executive Officer

October 16, 2004





/s/ John Shaffer

John Shaffer

Chief Financial Officer

October 16, 2004
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: August 11, 2005

/s/ Robert E. Swanson
---------------------
Robert E. Swanson
President and Chief Executive Officer
(principal executive officer)
#### STATE OF NORTH CAROLINA v. FRANK WALLACE PUGH

No. 7512SC309

(Filed 2 July 1975)

Appeal by defendant from *Hobgood, Judge.*Judgment entered 25 February 1975 in Superior Court, Cumberland County. Heard in the Court of Appeals 17 June 1975.

Defendant was charged in a two-count indictment with possession with intent to sell and deliver heroin, and felonious sale and delivery of heroin, in violation of Schedule I of the Controlled Substances Act. He pleaded not guilty and was tried before a jury.

Albert Stout, Jr., testified that on 4 April 1974 he was working in Cumberland County as an undercover agent for the State Bureau of Investigation. On that day defendant sold Stout two foil packets later shown to contain heroin. Defendant denied knowing Stout or making the sale.

The jury found defendant guilty as charged. From judgment imposing a prison sentence, he appealed to this Court.

*Attorney General Edmisten, by Assistant Attorney General H. A. Cole, Jr., for the State.*

*Cherry and Grimes, by Sol G. Cherry, for defendant appellant.*

ARNOLD, Judge.

Defendant presents the record proper for review. We have carefully examined the record and in our opinion defendant has received a fair trial free from prejudicial error.

*535No error.

Chief Judge Brock and Judge Parker concur.
UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT
No. 95-7929
CALVIN COOLIDGE HAIRSTON, Plaintiff - Appellant, versus CARITON J. EVANS, Investigator; GRAND JURORS OF THE COMMONWEALTH OF VIRGINIA, Defendants - Appellees.
Appeal from the United States District Court for the Western District of Virginia, at Roanoke. James C. Turk, District Judge. (CA95-1191-R) Submitted: January 18, 1996 Decided: February 8, 1996 Before HAMILTON and LUTTIG, Circuit Judges, and CHAPMAN, Senior Circuit Judge. Affirmed by unpublished per curiam opinion. Calvin Coolidge Hairston, Appellant Pro Se. Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c).2 PER CURIAM: Appellant appeals from the district court's order denying relief on his 42 U.S.C. § 1983 (1988) complaint. 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. Hairston v. Evans , No. CA-95-1191-R (W.D. Va. Nov. 7, 1995).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
In the Missouri Court of Appeals 

Eastern District 

MAY 27, 2014 

THE FOLLOWING CASES WERE AFFIRMED IN ACCORDANCE WITH RULE 

84.16(b) OR RULE 30.25(b). 

1. ED99975 CHARLES NULL, RES V ERIC SNYDER, APP 

2. ED100113 JACOB JOHNSON, APP V STATE OF MISSOURI, RES 

3. ED100297 ALLEN NORWOOD, APP V STATE OF MISSOURI, RES 

4. ED100606 DEBORAH MORGAN, RES V. JAMES MORGAN, APP
I 

111TH CONGRESS 

2D SESSION H. R. 4843 

To amend title 32, United States Code, to authorize the Secretary of Defense 

to cover a larger share of expenses under the National Guard Youth 

Challenge Program in the case of a State program during its first 

three years of operation. 

IN THE HOUSE OF REPRESENTATIVES 

MARCH 15, 2010 

Mr. MINNICK (for himself and Mr. SIMPSON) introduced the following bill; 

which was referred to the Committee on Armed Services 

A BILL 

To amend title 32, United States Code, to authorize the 

Secretary of Defense to cover a larger share of expenses 

under the National Guard Youth Challenge Program in 

the case of a State program during its first three years 

of operation. 

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

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘National Guard Youth 

5 Challenge Enhancement Act’’. 


tjames on DSKG8SOYB1PROD with BILLS
2 

•HR 4843 IH

1 SEC. 2. INCREASE IN DEPARTMENT OF DEFENSE SHARE OF 

2 EXPENSES FOR NEW STATE PROGRAMS 

3 UNDER NATIONAL GUARD YOUTH CHAL4 LENGE PROGRAM. 

5 (a) INCREASED SHARE AUTHORIZED.—Section 

6 509(d) of title 32, United States Code, is amended— 

7 (1) by redesignating paragraph (2) as para8 graph (3); and 

9 (2) by inserting after paragraph (1) the fol10 lowing new paragraph: 

11 ‘‘(2) Notwithstanding paragraph (1), for the first 

12 three fiscal years during which a State program of the 

13 Program is in operation, the amount of assistance pro14 vided by the Secretary of Defense to the State program 

15 may not exceed 100 percent of the costs of operating the 

16 State program.’’. 

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

18 subsection (a) shall apply with respect to fiscal years be19 ginning after September 30, 2010. 

Æ 


tjames on DSKG8SOYB1PROD with BILLS
DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA

FOURTH DISTRICT

VICTOR BOYD,

Appellant,

v.

STATE OF FLORIDA,

Appellee.

No. 4D18-3100

[December 27, 2018]

Appeal of order denying rule 3.800 motion from the Circuit Court for 

the Seventeenth Judicial Circuit, Broward County; Paul L. Backman, 

Judge; L.T. Case No. 05-001761-CF10A.

Victor Boyd, Bowling Green, pro se.

No appearance required for appellee.

PER CURIAM.

Affirmed.

TAYLOR, DAMOORGIAN and CONNER, JJ., concur.

* * *

Not final until disposition of timely filed motion for rehearing.
EXHIBIT 13.1 

 

CERTIFICATION OF PETER CHAMBRÉ PURSUANT TO SECTION 906 OF 

THE SARBANES-OXLEY ACT OF 2002 

 

In connection with the Annual Report on Form 20-F of Cambridge Antibody Technology Group plc (the “Company”) for the period ending September 30, 2003 as filed with the Securities and Exchange Commission on the date hereof (the“Report”), I, Peter Chambré, 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: 

 

(1)    the Report fully complies with the requirements ofSection 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 periodsindicated.
Termination Agreement



 Exhibit 10.5 
 CxCIC, LLC 
 500 Park Avenue, Floor 8 

New York, New York 10022 
 May 29, 2013 
 Ply Gem Industries, Inc. 
 5020 Weston Parkway, Suite 400 
 Cary, North Carolina 27513 

Attention: Shawn Poe 
 Dear Sir: 

We refer to the Advisory Agreement, dated as of February 12, 2004, as amended by Amendment No. 1 to Advisory Agreement, dated
as of November 6, 2012 (as amended, the “Advisory Agreement”), by and between Ply Gem Industries, Inc. (the “Company”) and CxCIC, LLC (“CIC”). This letter evidences the agreement of the Company
and CIC with respect to the termination of the Advisory Agreement and the consequences thereof in connection with the consummation of the initial public offering of common stock (the “IPO” and, the consummation of the IPO, the
“IPO Closing”) of Ply Gem Holdings, Inc., the parent company of the Company (“Holdings”). 

Upon payment by Holdings to CIC on the date hereof of an amount equal to $18,851,826.00, and notwithstanding any provision to the
contrary in the Advisory Agreement (including Section 4 (Termination)), all provisions of the Advisory Agreement other than Sections 7 (Indemnity and Exculpation), 8 (Assignment), 9 (Modification), 10 (Entire Agreement), 12 (Governing Law;
Submission to Jurisdiction) and 13 (Counterparts) are hereby terminated, effective as of the IPO Closing. 
  

					
	Sincerely,
	
	CXCIC, LLC
		
	By:	 	Georgica Management LLC, its managing member
		
	By:	 	 /s/ Frederick J. Iseman

		 	Name:	 	Frederick J. Iseman
		 	Title:	 	President









 Agreed to and Accepted by: 
  


			
	PLY GEM INDUSTRIES, INC.
		
	By:	 	 /s/ Shawn K. Poe

		 	Name: Shawn K. Poe
		 	Title: Vice President and Chief Financial Officer

 [Signature page to Advisory Agreement Termination Letter]
Exhibit 32.1

Certification of Principal Executive Officer

Pursuant to 18 U.S.C. 1350

(Section 906 of the Sarbanes-Oxley Act of 2002)

I, R.
Christopher Hoehn-Saric, Chief Executive Officer of Educate, Inc. (the Company), certify pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, 18 U.S.C. Section 1350, that, to the best of my knowledge:



| | 1. | This Quarterly Report on Form 10-Q of the Company for the quarter ended March 31, 2007 (the Report) fully complies with the requirements of Section 13(a) of
the Securities Exchange Act of 1934 (15 U.S.C. 78m); and
| | -- | -----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------



| | 2. | The information contained in the Report fairly represents, in all material respects, the financial condition and results of operations of the Company.
| | -- | ------------------------------------------------------------------------------------------------------------------------------------------------------



/s/ R. Christopher Hoehn-SaricName:

R. Christopher Hoehn-SaricDate:

May 10, 2007


A signed original of this written statement required by Section 906 has been provided to the Company
and will be retained by the Company and furnished to the Securities and Exchange Commission or its staff upon request.



32
I 

111TH CONGRESS 

2D SESSION H. R. 4927 

To amend subtitle IV of title 40, United States Code, regarding county 

additions to the Appalachian region. 

IN THE HOUSE OF REPRESENTATIVES 

MARCH 24, 2010 

Mr. DAVIS of Tennessee (for himself and Mrs. BLACKBURN) introduced the 

following bill; which was referred to the Committee on Transportation 

and Infrastructure 

A BILL 

To amend subtitle IV of title 40, United States Code, 

regarding county additions to the Appalachian region. 

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

3 SECTION 1. ADDITIONS TO APPALACHIAN REGION. 

4 Section 14102(a)(1)(K) of title 40, United States 

5 Code, is amended— 

6 (1) by inserting ‘‘Giles,’’ after ‘‘Franklin,’’; 

7 (2) by inserting ‘‘Hickman,’’ after ‘‘Hawkins,’’; 

8 (3) by inserting ‘‘Lincoln,’’ after ‘‘Lewis,’’; 

9 (4) by inserting ‘‘Perry,’’ after ‘‘Overton,’’; and 


jbell on DSKDVH8Z91PROD with BILLS
2 

•HR 4927 IH

1 (5) by inserting ‘‘Wayne,’’ after ‘‘Washington,’’. 

Æ 


jbell on DSKDVH8Z91PROD with BILLS
#### The People of the State of New York, Respondent, v Crismari Pena, Appellant.

[718 NYS2d 838]

Judgment, Supreme Court, Bronx County (Lawrence Tonetti, J.), rendered March 2, 2000, convicting defendant, after a jury trial, of 15 counts of forgery in the second degree and two counts of grand larceny in the third degree, and sentencing her to concurrent terms of 1 to 3 years, unanimously affirmed.

The verdict was based on legally sufficient evidence. There is no basis upon which to disturb the jury’s evaluation of the handwriting expert’s testimony. Defendant’s intent to deprive the complainants of their money and her wrongful taking thereof could be reasonably inferred from the evidence. Concur — Sullivan, P. J., Nardelli, Williams, Mazzarelli and Saxe, JJ.
**Exhibit 32.1****CEO CERTIFICATION**     Pursuant to Section 906 of the Sarbanes-Oxley Act of 2002 (18 USC §1350, as adopted), KarenMagee, the Chief Executive Officer of PlanetOut Inc. (the “Company”), hereby certifies that, to thebest of her knowledge:**1.**The Company’s Quarterly Report on Form 10-Q for the period ended September 30, 2006, and towhich this Certification is attached as Exhibit 32.1 fully complies with the requirements ofSection 13(a) or Section 15(d) of the Securities Exchange Act of 1934, and**2.**The information contained in the Quarterly Report fairly presents, in all material respects, thefinancial condition and results of operations of the Company for the periods presented therein.     **InWitness Whereof**, the undersigned has set her hand hereto as of the 8th day of November 2006.       /s/ KAREN MAGEE Karen Magee    Chief Executive Officer  The foregoing certification is being furnished solely pursuant to 18 U.S.C. Section 1350 and is notbeing filed as part of this report. A signed original of this written statement required by Section906 has been provided to PlanetOut Inc. and will be retained by PlanetOut Inc. and furnished to theSecurities and Exchange Commission or its staff upon request.