alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
# C_2007128EN.01000101.xml

| 9.6.2007 | EN | Official Journal of the European Union | C 128/1 |
| --- | --- | --- | --- |

9.6.2007

EN

Official Journal of the European Union

C 128/1

---

Non-opposition to a notified concentration

(Case COMP/M.4605 — Hindalco/Novelis)

(Text with EEA relevance)

(2007/C 128/01)

On 8 May 2007, the Commission decided not to oppose the above notified concentration and to declare it compatible with the common market. This decision is based on Article 6(1)(b) of Council Regulation (EC) No 139/2004. The full text of the decision is available only in English and will be made public after it is cleared of any business secrets it may contain. It will be available:

| — | from the Europa competition website (http://ec.europa.eu/comm/competition/mergers/cases/). This website provides various facilities to help locate individual merger decisions, including company, case number, date and sectoral indexes, |
| --- | --- |

—

from the Europa competition website (http://ec.europa.eu/comm/competition/mergers/cases/). This website provides various facilities to help locate individual merger decisions, including company, case number, date and sectoral indexes,

| — | in electronic form on the EUR-Lex website under document number 32007M4605. EUR-Lex is the on-line access to European law. (http://eur-lex.europa.eu) |
| --- | --- |

—

in electronic form on the EUR-Lex website under document number 32007M4605. EUR-Lex is the on-line access to European law. (http://eur-lex.europa.eu)

---
<TABLE> <S> <C>

<ARTICLE> UT
<LEGEND>
                                                                 EXHIBIT 27(a)

The schedule contains summary financial information extracted from the
Consolidated Balance Sheet at March 31, 1997 and the Consolidated Statement
of Income and the Consolidated Statement of Cash Flows for the three months
ended March 31, 1997 and is qualified in its entirety by reference to such
financial statements.
</LEGEND>
<CIK>    0000789943
<NAME>   IES INDUSTRIES INC.
<MULTIPLIER> 1,000
       
<S>                             <C>
<PERIOD-TYPE>                     3-MOS
<FISCAL-YEAR-END>                          DEC-31-1997
<PERIOD-END>                               MAR-31-1997
<BOOK-VALUE>                                  PER-BOOK
<TOTAL-NET-UTILITY-PLANT>                    1,350,093
<OTHER-PROPERTY-AND-INVEST>                    383,148
<TOTAL-CURRENT-ASSETS>                         168,144
<TOTAL-DEFERRED-CHARGES>                        15,169
<OTHER-ASSETS>                                 196,096
<TOTAL-ASSETS>                               2,112,650
<COMMON>                                       412,143
<CAPITAL-SURPLUS-PAID-IN>                            0
<RETAINED-EARNINGS>                            215,703
<TOTAL-COMMON-STOCKHOLDERS-EQ>                 627,846
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                     18,320
<LONG-TERM-DEBT-NET>                           651,763
<SHORT-TERM-NOTES>                                   0
<LONG-TERM-NOTES-PAYABLE>                            0
<COMMERCIAL-PAPER-OBLIGATIONS>                 126,000
<LONG-TERM-DEBT-CURRENT-PORT>                   63,480
<PREFERRED-STOCK-CURRENT>                            0
<CAPITAL-LEASE-OBLIGATIONS>                     17,421
<LEASES-CURRENT>                                14,047
<OTHER-ITEMS-CAPITAL-AND-LIAB>                 593,773
<TOT-CAPITALIZATION-AND-LIAB>                2,112,650
<GROSS-OPERATING-REVENUE>                      257,687
<INCOME-TAX-EXPENSE>                             9,317<F1>
<OTHER-OPERATING-EXPENSES>                     221,618
<TOTAL-OPERATING-EXPENSES>                     221,618<F1>
<OPERATING-INCOME-LOSS>                         36,069
<OTHER-INCOME-NET>                                 638
<INCOME-BEFORE-INTEREST-EXPEN>                  36,707
<TOTAL-INTEREST-EXPENSE>                        14,846
<NET-INCOME>                                    12,315<F2>
<PREFERRED-STOCK-DIVIDENDS>                        229<F2>
<EARNINGS-AVAILABLE-FOR-COMM>                   12,315
<COMMON-STOCK-DIVIDENDS>                        15,858
<TOTAL-INTEREST-ON-BONDS>                       38,631
<CASH-FLOW-OPERATIONS>                          78,495
<EPS-PRIMARY>                                     0.41
<EPS-DILUTED>                                        0
<FN>
<F1>Income tax expense is not included in Operating Expense in the Consolidated
Statements of Income for IES Industries Inc. (Industries).
<F2> Since the preferred dividends are for a subsidiary of Industries, they are
considered a fixed charge on Industries' Consolidated Statement of Income.
</FN>
        


</TABLE>
United States Department of Labor

Employees’ Compensation Appeals Board

__________________________________________

B.E., Appellant

and

U.S. POSTAL SERVICE, POST OFFICE,

Bozeman, MT, Employer

__________________________________________

)

)

)

)

)

)

)

)

Docket No. 24-0055

Issued: November 30, 2023

Appearances: Case Submitted on the Record

Appellant, pro se

Office of Solicitor, for the Director

ORDER DISMISSING APPEAL

Before:

PATRICIA H. FITZGERALD, Deputy Chief Judge

VALERIE D. EVANS-HARRELL, Alternate Judge

JAMES D. McGINLEY, Alternate Judge

On October 28, 2023 appellant filed an appeal from an April 28, 2023 merit decision of 

the Office of Workers’ Compensation Programs (OWCP). The Clerk of the Appellate Boards

assigned Docket No. 24-0055.

The Board has duly considered the matter and notes that the Board has jurisdiction to 

review final adverse decisions of OWCP issued under the Federal Employees’ Compensation 

Act.1 For final adverse decisions of OWCP issued on or after November 19, 2008, the Board’s 

review authority is limited to appeals which are filed within 180 days from the date of issuance 

of OWCP’s decision.2

The 180th day following the April 28, 2023 decision was October 25, 2023. As appellant 

did not file an appeal with the Board until October 28, 2023, more than 180 days after the

April 28, 2023 OWCP decision, the Board finds that the appeal docketed as No. 24-0055 is 

untimely filed. The Board is without jurisdiction to review the appeal. Appellant has not 

1

5 U.S.C. § 8101 et seq.; 20 C.F.R. §§ 501.2(c) and 501.3(a).

2

20 C.F.R. § 501.3(e) provides in pertinent part: “Any notice of appeal must be filed within 180 days from the 

date of issuance of a decision of the OWCP.”
2

explained his failure to timely file an appeal with supporting documentation sufficient to 

establish compelling circumstances. Because there is no final adverse decision issued by OWCP 

within 180 days of the filing of the instant appeal, the Board concludes that the appeal docketed 

as No. 24-0055, must be dismissed.3 Accordingly,

IT IS HEREBY ORDERED THAT the appeal docketed as No. 24-0055 is dismissed.

Issued: November 30, 2023

Washington, DC

Patricia H. Fitzgerald, Deputy Chief Judge

Employees’ Compensation Appeals Board

Valerie D. Evans-Harrell, Alternate Judge

Employees’ Compensation Appeals Board

James D. McGinley, Alternate Judge

Employees’ Compensation Appeals Board

3 The Board’s decisions and orders are “final upon the expiration of 30 days from the date of their issuance.” Id.

at § 501.6(d).
EXHIBIT 10.94

 

 

**Chelsey Finance, LLC**

110 East 59th Street

New York, NY 10016

 

 

March 6, 2007

 

Hanover Direct, Inc.

1500 Harbor Boulevard

Weehawken, NJ 07086

 

**Re:  Loan and Security Agreement, dated as of July 8, 2004, as amended (as amended, the “Loan Agreement”)**

 

Gentlemen:

 

We refer to the Loan Agreement.  All terms not otherwise defined herein shall have the same meaning as in the Loan Agreement.

 

You have requested and we have agreed to amend the Loan Agreement to extend the end of the Term from July 8, 2007 until January 2, 2008.  We are willing to do so provided the Loan Agreement is amended to include EBITDA covenants for the third and fourth quarters of 2007.

 

|   | 1.  **Extension.**Section 9.1 of the Loan Agreement is hereby amended to read as follows: |
|--------|-------------------------------------------------------------------------------------------|

 

This Agreement and the other Financing Agreements shall become effective as of the date hereof and this Agreement shall continue in full force and effect for a term ending on January 2, 2008 (the “Term”).

 

2.  **EBITDA Covenants.**Section 6.28 (d) of the Loan Agreement is hereby deleted in its entirety and replaced with the following:

 

(d) Hanover and its Subsidiaries shall not, as to any fiscal quarter during the fiscal year 2007 of Hanover and its Subsidiaries, permit EBITDA of Hanover and its Subsidiaries commencing on the first day of such fiscal year and ending on the last day of the applicable fiscal quarter set forth below on a cumulative YTD basis to be less than the respective amount set forth below opposite such fiscal quarter end YTD period:

 

 

| **Fiscal Quarter**

**End YTD Periods**

**for Fiscal Year 2007** |   | **Cumulative**

**Minimum**

**EBITDA**

  |
|-------------------------------------------------------------------|--------|-------------------------------------------------|
| (i)   December 31, 2006 through March 31, 2007                    |   | ($1,100,000)                                    |
| (ii)  December 31, 2006 through June 30, 2007                     |   | $900,000                                        |
| (iii) December 31, 2006 through September 29, 2007                |   | $1,800,000                                      |
| (iv) December 31, 2006 through December 29, 2007                  |   | $4,700,000                                      |

 

 

 

 

----
# C_2007257EN.01000501.xml

| 30.10.2007 | EN | Official Journal of the European Union | C 257/5 |
| --- | --- | --- | --- |

30.10.2007

EN

Official Journal of the European Union

C 257/5

---

Non-opposition to a notified concentration

(Case COMP/M.4840 — Fiat/Teksid Aluminium)

(Text with EEA relevance)

(2007/C 257/02)

On 28 September 2007, the Commission decided not to oppose the above notified concentration and to declare it compatible with the common market. This decision is based on Article 6(1)(b) of Council Regulation (EC) No 139/2004. The full text of the decision is available only in English and will be made public after it is cleared of any business secrets it may contain. It will be available:

| — | from the Europa competition website (http://ec.europa.eu/comm/competition/mergers/cases/). This website provides various facilities to help locate individual merger decisions, including company, case number, date and sectoral indexes, |
| --- | --- |

—

from the Europa competition website (http://ec.europa.eu/comm/competition/mergers/cases/). This website provides various facilities to help locate individual merger decisions, including company, case number, date and sectoral indexes,

| — | in electronic form on the EUR-Lex website under document number 32007M4840. EUR-Lex is the on-line access to European law (http://eur-lex.europa.eu). |
| --- | --- |

—

in electronic form on the EUR-Lex website under document number 32007M4840. EUR-Lex is the on-line access to European law (http://eur-lex.europa.eu).

---
**Exhibit 32.3**

 

**Written Statement of the Chief Executive Officer and Chief Financial Officer**

**Pursuant to 18 U.S.C. §1350**

 

Solely for the purposes of complying with 18 U.S.C. §1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, we, the undersigned Chief Executive Officer and Chief Financial Officer of Wisconsin Power and Light Company (the “Company”), hereby certify, based on our knowledge, that the Quarterly Report on Form 10-Q of the Company for the quarter ended March 31, 2009 (the “Report”) fully complies with the requirements of Section 13(a) of the Securities Exchange Act of 1934 and that information contained in the Report fairly presents, in all material respects, the financial condition and results of operations of the Company.

 

/s/ William D. Harvey

William D. Harvey

Chairman and Chief Executive Officer

 

/s/ Patricia L. Kampling

Patricia L. Kampling

Vice President-Chief Financial Officer and Treasurer

 

May 4, 2009
<TABLE> <S> <C>

<ARTICLE> 5
<MULTIPLIER> 1,000,000
       
<S>                             <C>
<PERIOD-TYPE>                   6-MOS
<FISCAL-YEAR-END>                          OCT-31-1998
<PERIOD-END>                               APR-30-1998
<CASH>                                             106
<SECURITIES>                                       127
<RECEIVABLES>                                     2060
<ALLOWANCES>                                        34
<INVENTORY>                                        547
<CURRENT-ASSETS>                                     0<F1>
<PP&E>                                            1714
<DEPRECIATION>                                     890
<TOTAL-ASSETS>                                    4146
<CURRENT-LIABILITIES>                                0<F1>
<BONDS>                                           1653
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                           786
<OTHER-SE>                                      (2101)
<TOTAL-LIABILITY-AND-EQUITY>                      4146
<SALES>                                           3607
<TOTAL-REVENUES>                                  3711
<CGS>                                             3117
<TOTAL-COSTS>                                     3592
<OTHER-EXPENSES>                                    88
<LOSS-PROVISION>                                     4
<INTEREST-EXPENSE>                                  82
<INCOME-PRETAX>                                    119
<INCOME-TAX>                                        20
<INCOME-CONTINUING>                                 99
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                        99
<EPS-PRIMARY>                                        0
<EPS-DILUTED>                                        0
<FN>
<F1>The company has adopted an unclassified presentation in the Statement of
Financial Condition.
</FN>
        

</TABLE>
EXHIBIT 32.1

---



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

Solely for
the purposes of complying with 18 U.S.C. Section 1350, as adopted pursuant to
Section 906 of the Sarbanes-Oxley Act of 2002, I, the undersigned Principal
Executive and Financial Officer of Flexible Solutions International, Inc. (the
Company), hereby certify that, to the best of my knowledge, the Annual Report
on Form 10-K of the Company for the year ended December 31, 2009 (the Report)
fully complies with the requirements of Section 13(a) or 15(d) of the
Securities Exchange Act of 1934 and that the information contained in the
Report fairly presents, in all material respects, the financial condition and
results of operations of the Company.

|                      |                                              | 
|--------------------- | -------------------------------------------- | 
|                      | /s/ Daniel B.
 OBrien                       | 
|Date: March
 30, 2010 |                                              | 
|                      | Daniel B.
 OBrien                           | 
|                      | Principal
 Executive and Principal Financial
|                      | Officer                                      | 

---
#### BEVERLY ENTERPRISES, Appellant, v. GLOBE LAND CORPORATION, Respondent.

No. 7350

October 10, 1974

526 P.2d 1179

*364*Dickerson, Miles & Pico,*of Las Vegas, for Appellant.

*Jones, Jones, Close, Bilbray, Kaufman & Olsen, Ltd.,*of Las Vegas, for Respondent.

OPINION

*Per Curiam:*

Globe Laud Corporation, acting primarily through its president, Fischer, negotiated an agreement whereby Beverly Enterprises agreed to buy, upon completion, a 200-bed convalescent hospital in Las Vegas. The contract required, in part, that construction plans and specifications were subject to Beverly’s approval which, by the contract’s terms, was not to be unreasonably withheld. After attempting unsuccessfully to secure Beverly’s approval of plans and specifications, Globe commenced this action, alleging breach by Beverly of its duty of performance. The district court, following a trial and the entry of findings of fact and conclusions of law, awarded Globe judgment against Beverly for $66,054, plus interest, costs of suit, and $3,500 attorneys’ fees. This appeal follows.

As error, Beverly urges that the trial court should have resolved certain factual issues against Globe rather than in its *365favor; however, after review of the record, we are satisfied the trial court’s factual determinations are not contrary to the record. “It is the prerogative of the trier of facts to evaluate the credibility of witnesses and determine the weight of their testimony, and it is not within the province of the appellate court to instruct the trier of fact that certain witnesses or testimony must be believed.” Douglas Spencer v. Las Vegas Sun, 84 Nev. 279, 282, 439 P.2d 473, 475 (1968). Where a question of fact has been determined by the trial court, this court will not reverse unless the judgment is clearly erroneous and not based on substantial evidence. NRCP 52(a); Kockos v. Bank of Nevada, 90 Nev. 140, 520 P.2d 1359 (1974); Fletcher v. Fletcher, 89 Nev. 540, 516 P.2d 103 (1973).

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 Quarterly Report on Form 10-Q of American Express
Certificate Company (the "Company") for the quarterly period ended June 30,
2003, as filed with the Securities and Exchange Commission on the date hereof
(the "Report"), Paula R. Meyer, as Chief Executive Officer of the Company,
hereby certifies, 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 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/  Paula R. Meyer
  ---------------------------
Name:  Paula R. Meyer
Title: Chief Executive Officer
Date:  August 13, 2003

The foregoing certification is being furnished solely pursuant to 18 U.S.C.
Section 1350, as adopted pursuant to Section 906 of Sarbanes-Oxley Act of 2002,
and is not being "filed" as part of the Form 10-Q or as a separate disclosure
document for purposes of Section 18 of the Securities Exchange Act of 1934, as
amended (the "Exchange Act"), or otherwise subject to liability under that
section. This certification shall not be deemed to be incorporated by reference
into any filing under the Securities Act of 1933, as amended, or the Exchange
Act except to the extent that this Exhibit 32.1 is expressly and specifically
incorporated by reference in any such filing.

A signed original of this written statement required by Section 906 has been
provided to the Company and will be retained by AECC and furnished to the
Securities and Exchange Commission or its staff upon request.
# C_2007245EN.01000601.xml

| 19.10.2007 | EN | Official Journal of the European Union | C 245/6 |
| --- | --- | --- | --- |

19.10.2007

EN

Official Journal of the European Union

C 245/6

---

Non-opposition to a notified concentration

(Case COMP/M.4692 — Barclays/ABN AMRO)

(Text with EEA relevance)

(2007/C 245/03)

On 6 August 2007, the Commission decided not to oppose the above notified concentration and to declare it compatible with the common market. This decision is based on Article 6(1)(b) of Council Regulation (EC) No 139/2004. The full text of the decision is available only in English and will be made public after it is cleared of any business secrets it may contain. It will be available:

| — | from the Europa competition website (http://ec.europa.eu/comm/competition/mergers/cases/). This website provides various facilities to help locate individual merger decisions, including company, case number, date and sectoral indexes, |
| --- | --- |

—

from the Europa competition website (http://ec.europa.eu/comm/competition/mergers/cases/). This website provides various facilities to help locate individual merger decisions, including company, case number, date and sectoral indexes,

| — | in electronic form on the EUR-Lex website under document number 32007M4692. EUR-Lex is the on-line access to European law (http://eur-lex.europa.eu). |
| --- | --- |

—

in electronic form on the EUR-Lex website under document number 32007M4692. EUR-Lex is the on-line access to European law (http://eur-lex.europa.eu).

---
#### BRINTON MICHAEL NEIBAUER, Appellant, v. SHERIFF, CLARK COUNTY, NEVADA, Respondent.

No. 7869

December 30, 1974

529 P.2d 204

*Jeffrey D. Sobel,*of Las Vegas, for Appellant.

*Robert List,*Attorney General, Carson City; *Roy A. Woof-ter,*District Attorney, and *David Schreiber,*Deputy District Attorney, Clark County, for Respondent.

OPINION

*Per Curiam:*

For the same reasons enunciated in McNair v. Sheriff, 89 Nev. 434, 514 P.2d 1175 (1973), the district court’s order denying a pretrial petition for habeas corpus is reversed.
EXHIBIT
32.1






CERTIFICATION
OF PRINCIPAL EXECUTIVE


AND
PRINCIPAL FINANCIAL OFFICER


PURSUANT
TO 18 U.S.C. SECTION 1350,


AS
ADOPTED PURSUANT TO SECTION 906 OF


THE
SARBANES-OXLEY ACT OF 2002








Solely
for the purposes of complying with 18 U.S.C. Section 1350, as adopted pursuant
to Section 906 of the Sarbanes-Oxley Act of 2002, I, the undersigned Principal
Executive and Financial Officer of Flexible Solutions International, Inc. (the
“Company”), hereby certify that, to the best of my knowledge, the Annual Report
on Form 10-K/A of the Company for the year ended December 31, 2008 (the
“Report”) fully complies with the requirements of Section 13(a) or 15(d) of the
Securities Exchange Act of 1934 and that the information contained in the Report
fairly presents, in all material respects, the financial condition and results
of operations of the Company.




Date:  June
      24, 2009
                By:
                /s/
      Daniel
      B. O’BrienDaniel
      B. O’BrienPrincipal
      Executive and Principal Financial Officer
# Exhibit 32.3

# Written Statement of
the Chief Executive Officer and Chief Financial OfficerPursuant to 18 U.S.C.
§1350

Solely for the purposes of complying
with 18 U.S.C. §1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act
of 2002, we, the undersigned Chief Executive Officer and Chief Financial Officer of
Wisconsin Power and Light Company (the Company), hereby certify, based on our
knowledge, that the Quarterly Report on Form 10-Q of the Company for the quarter ended
June 30, 2004 (the Report) fully complies with the requirements of Section
13(a) of the Securities Exchange Act of 1934 and that information contained in the Report
fairly presents, in all material respects, the financial condition and results of
operations of the Company.

|/s/ Erroll B. Davis, Jr.            
|------------------------------------
|Erroll B. Davis, Jr.                
|Chairman and Chief Executive Officer
|                                    
|/s/ Eliot G. Protsch                
|Eliot G. Protsch                    
|Chief Financial Officer             

August 6, 2004