alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
EX-10.35






Exhibit 10.35




AMENDMENT NO. 9

TO THE

AMENDED AND RESTATED

BEARINGPOINT, INC. 401(k) PLAN




     WHEREAS, BearingPoint, Inc. (the “Company”) maintains the Amended and Restated BearingPoint,
Inc. 401(k) Plan (the “Plan”);



     WHEREAS, pursuant to Section 12.1 of the Plan, the Company appointed a Committee as the
administrator of the Plan (“Committee”);



     WHEREAS, pursuant to its authority under Section 16.1 of the Plan, the Committee acted on
April 29, 2009, to adopt an amendment to the Plan, effective as of May 1, 2009, to clarify that
amounts paid in lieu of paid time off to any Employee or former Employee are not “Compensation,” as
such term is defined in Article 2 of the Plan; and



     WHEREAS, pursuant to its authority under Section 16.1 of the Plan, the Committee acted on
April 29, 2009, to amend the Plan, effective as of May 1, 2009, to permit the direct rollover of
outstanding Plan loans following a Participant’s severance from employment with the Company and
immediate employment with the buyer in connection with certain corporate transactions.



     NOW, THEREFORE, to implement the Committee’s action, the Plan is hereby amended, effective as
set forth herein, in the following respects:



     1. Article 2 of the Plan is amended, effective May 1, 2009, by the addition of the following
sentence to the end of Section (9):




     “Notwithstanding the foregoing or any provision of the Plan to the contrary,
‘Compensation’ shall not include any amount paid to an Employee or former Employee
in lieu of paid time off.”



     2. Section 9.5 of the Plan is amended, effective May 1, 2009, by the addition of the following
sentence to the end thereof:




     “Notwithstanding the foregoing or any provision of the Plan to the contrary, in
accordance with procedures and timing specified by the Committee, in the event that
a loan made to a Participant in accordance with Section 9.2 is outstanding on the
date such Participant has a severance from employment with the Company and such
Participant accepts immediate employment with the purchaser of a business segment of
the Company, the Committee may permit the Participant to elect to have the loan paid
directly to a tax qualified defined contribution plan of the purchaser of such
business segment by means of a direct rollover.”



 









 





     IN WITNESS WHEREOF, this amendment has been executed on behalf of the Corporation by the
undersigned duly authorized officer of the Corporation, effective as set forth herein.



	 	 	 	 	 	 	 
	 	 	BEARINGPOINT, INC.	 	 
	 
	 	 	 	 	 	 
	Date: April 29, 2009
	 	By:	 	/s/ Sean Huurman	 	 
	 

	 	Its:
	 	 

Vice President, Global Human Resources, 
401(k) Committee Chair
	 	 






2
EXHIBIT23

CONSENT OF INDEPENDENT REGISTERED PUBLIC ACCOUNTINGFIRM

We consent to the incorporation by reference in theRegistration Statement (Form S-8 No. 333-70527) pertaining to theGlobecomm Systems Inc. 1997 Stock Incentive Plan and the 1999 EmployeeStock Purchase Plan and the Registration Statement (Form S-8 No.333-112351) pertaining to the Globecomm Systems Inc. 1997 StockIncentive Plan of our report dated August  30,  2006, withrespect to the consolidated financial statements and schedule ofGlobecomm Systems Inc. included in the Annual Report (Form 10-K) forthe year ended June  30,2006.

|  | /s/ Ernst & YoungLLP |
|--|--------------------------|

Melville, New YorkSeptember  8,2006

----
EXHIBIT 32.2



Certification



Pursuant to Section 906 of the Sarbanes-Oxley Act of 2002



(Subsections (a) and (b) of Section 1350, Chapter 63 of Title 18, United States Code)



Pursuant to section 906 of the Sarbanes-Oxley Act of 2002 (subsections
(a) and (b) of section 1350, chapter 63 of title 18, United States Code), the undersigned officer of Entrust, Inc., a Maryland corporation (the Company), hereby certifies, to such officers knowledge, that:



The Annual Report on Form 10-K for the year ended December 31, 2006 (the
Report) of the Company fully complies with the requirements of section 13(a) or 15(d) of the Securities Exchange Act of 1934 and information contained in the Report fairly presents, in all material respects, the financial condition and
results of operations of the Company.



|                     |  |  |  |  |  |                     |  |                                                             
|-------------------- |  |  |  |  |  | ------------------- |  | ------------------------------------------------------------
|                     |  |  | 
|Date: March 13, 2007 |  |  |  |  |  | /s/ David J. Wagner
|                     |  |  |  |  |  |                     |  | Name:    David J. Wagner Title:      Chief Financial Officer
IN THE SUPREME COURT OF PENNSYLVANIA

MIDDLE DISTRICT

COMMONWEALTH OF PENNSYLVANIA,

Respondent

v.

JAMES WATSON,

Petitioner

:

:

:

:

:

:

:

:

:

:

:

No. 513 MAL 2023

Petition for Allowance of Appeal 

from the Order of the Superior Court

ORDER

PER CURIAM

AND NOW, this 26th day of March, 2024, the Petition for Allowance of Appeal is 

DENIED.

Justice McCaffery did not participate in the consideration or decision of this matter.
<PAGE>

EXHIBIT 32.2

CERTIFICATION PURSUANT TO SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

      In connection with the Annual Report of Columbia Bancorp (the "Company")
on Form 10-K for the year ending December 31, 2003, as filed with the Securities
and Exchange Commission on the date hereof (the "Report"), I, Greg B. Spear, the
Chief Financial Officer and Chief Accounting 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 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 for the period certified.

Date: February 24, 2005

/s/ GREG B. SPEAR
--------------------
Greg B, Spear
Chief Financial Officer and Executive Vice-President
#### In the Matter of the Application of Orville J. Van Dusen, Respondent, to Lay Out a Highway in the Town of Caldwell, Warren County, New York. Henry E. Tremain and Sarah G. Tremain, Appellants.

Order affirmed, with costs.

All concurred.
[Federal Register Volume 75, Number 95 (Tuesday, May 18, 2010)]
[Notices]
[Page 27703]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-11803]


-----------------------------------------------------------------------

DEPARTMENT OF AGRICULTURE

Forest Service


Humboldt Resource Advisory Committee (RAC)

AGENCY: Forest Service, USDA.

ACTION: Notice of meeting.

-----------------------------------------------------------------------

SUMMARY: The Humboldt Resource Advisory Committee (RAC) will meet in 
Eureka, California. The committee meeting is authorized under the 
Secure Rural Schools and Community Self-Determination Act (Pub. L. 110-
343) and in compliance with the Federal Advisory Committee Act. The 
purpose of the meeting is to orient new committee members to the Secure 
Rural Schools Act, guidelines for Title II, and Federal Advisory 
Committee Act and receive public comment on the meeting subjects and 
proceedings.

DATES: The meeting will be held June 9, 2010, from 6 p.m. to 8:30 p.m.

ADDRESSES: The meeting will be held at the Six Rivers National Forest 
Office, 1330 Bayshore Way, Eureka, CA 95501.

FOR FURTHER INFORMATION CONTACT: Julie Ranieri, Committee Coordinator, 
Six Rivers National Forest, 1330 Bayshore Way, Eureka, CA 95503; (707) 
441-3673; e-mail <a href="/cdn-cgi/l/email-protection#39534b5857505c4b50795f4a175f5c5d174c4a"><span class="__cf_email__" data-cfemail="117b63707f787463785177623f7774753f6462">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION: The meeting is open to the public. Agenda 
items to be covered include: (1) Welcome and Committee introductions; 
(2) Federal Advisory Committee Act overview; (3) review of Secure Rural 
Schools Act and discussion of requirements related to Title II funding; 
(4) discussion of Committee member, Designated Federal Official and RAC 
Coordinator roles; (5) selection of RAC Chair; (6) next meeting agenda, 
location, and date; and (7) receive public comment. An opportunity will 
be provided for the public to address the Committee.

    Dated: May 12, 2010.
Tyrone Kelley,
Forest Supervisor.
[FR Doc. 2010-11803 Filed 5-17-10; 8:45 am]
BILLING CODE P


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Document Headings

                    Document headings vary by document type but may contain                    the following:                  
                -                       the agency or agencies that issued and signed a document                    
                -                       the number of the CFR title and the number of each part                      the document amends, proposes to amend, or is directly                      related to                    
                -                       the agency docket number / agency internal file number                    
                -                       the RIN which identifies each regulatory action listed in                      the Unified Agenda of Federal Regulatory and Deregulatory                      Actions                    

                    See the                                          Document Drafting Handbook                                        for more details.                  

###### Tennessee Valley Authority

# AGENCY:

Tennessee Valley Authority.

# ACTION:

Proposed collection; comment request.

# SUMMARY:

The proposed information collection described below will be submitted to the Office of Management and Budget (OMB) for review, as required by the Paperwork Reduction Act of 1995 (44 U.S.C. Chapter 35, as amended). The Tennessee Valley Authority is soliciting public comments on this proposed collection as provided by 5 CFR Section 1320.8(d)(1). Requests for information, including copies of the information collection proposed and supporting documentation, should be directed to the Agency Clearance Officer: Mark Winter, Tennessee Valley Authority, 1101 Market Street (MP-3C), Chattanooga, Tennessee 37402-2801; (423) 751-6004.

                        Comments should be sent to the Agency Clearance Officer no later than                        *July 19, 2010.*

# SUPPLEMENTARY INFORMATION:

*Type of Request:*                     Regular submission.                

*Title of Information Collection:*                     Employment Application.                

*Frequency of Use:*                     On Occasion.                

*Type of Affected Public:*                     Individuals.                

*Small Businesses or Organizations Affected:*                     No.                

*Federal Budget Functional Category Code:*                     999.                

*Estimated Number of Annual Responses:*                     3,000.                

*Estimated Total Annual Burden Hours:*                     3,000.                

*Estimated Average Burden Hours per Response:*                     1.0.                

*Need for and Use of Information:*                     Applications for employment are needed to collect information on qualifications, suitability for employment, and eligibility for veteran's preference. The information is used to make comparative appraisals and to assist in selections. The affected public consists of individuals who apply for TVA employment.                

James W. Sample,

Director of CyberSecurity.

[FR Doc. 2010-11798 Filed 5-17-10; 8:45 am]

BILLING CODE 8120-08-M
99th Congress, 2d Session House Documents 99-146

VETO OF H.R. 1404

MESSAGE

FROM

THE PRESIDENT OF THE UNITED STATES

TRANSMITTING 

THE VETO OF H.R. 1404

J a n u a r y 21, 1986.—Message and accompanying papers referred to the Committee on Merchant Marine and Fisheries and ordered to be printed

71-011 0

U.S. GOVERNMENT PRINTING OFFICE 

WASHINGTON : 1986
To the House of Representatives: Since the adjournment of the Congress has prevented my return of H.R. 1404 within the meaning of Article I, section 7, clause 2 of the Constitution, my withholding of approval from the bill pre­ cludes its becoming law. Notwithstanding what I believe to be my constitutional power regarding the use of the “pocket veto” during an adjournment of Congress, however, I am sending H.R. 1404 to the House of Representatives with my objections, consistent with the Court of Appeals decision in Barnes v. Kline, 759 F.2d 21, (D.C. Cir. 1985), cert, pending sub. nom. Burke v. Barnes, No. 85-781. I have no objection to statutory recognition of the refuge at Cape Charles. This is a significant resting and wintering area for migra­ tory birds along the Atlantic Flyway and an important habitat for the bald eagle and peregrine falcon, two endangered species. I am pleased to note that, in recognition of the area's importance, the U.S. Fish and Wildlife Service has already administratively ac­ quired land at this site and established the Eastern Shore of Vir­ ginia National Wildlife Refuge. The Service will continue to oper­ ate and maintain the existing refuge and intends to expand it as fiscal conditions permit. Unfortunately, H.R. 1404 does not simply provide protection for this valuable habitat. It would also require the Secretary of the In­ terior to develop a training center at the refuge for use by the Service, other Federal and State agencies, educational institutions, and private organizations and individuals. In this time of fiscal constraint, the Federal government must limit its expenditures to matters of significant national concern. The provisions of H.R. 1404 requiring establishment of a training facility do not meet this test. The Service has fully adequate train­ ing facilities already in place, including a facility at Leetown, West Virginia, as well as the use of various private sector facilities. In addition, the Service is actively supporting the effort to clean up the Chesapeake Bay by designating an existing Service field station in Annapolis, Maryland, as its primary center for work on this im­ portant program. I believe that it would be more appropriate for State or private entities to fund and develop a training center if they consider it essential. For these reasons, I must return H.R. 1404 without my approval.

Ronald Reagan.

The White House, January Ilf, 1986.
#### STATE ex rel. STEVENS, *v.*REEK, County Clerk of Granite County.

[Submitted October 21, 1896.

Decided October 22, 1896.]

See *syllabus*and opinion in *State ex rel. Sligh*v. *Reek, ante,*page 561.

ORIGINAL Proceeding. Petition for injunction.

Application dismissed.

*McConnell db*McConnell, for Relator.

■ *J. W. Kinsley,*for Respondent.

*563Per Curiam.

For the reasons set forth the state of Montana at the relation of Sligh against Reek, just decided, we shall decline to consider this case and we shall dismiss the application.

This case is even in a worse condition as to laches and negligence than the Sligh case. The application was made only-last night and made then after office hours. It involves some of the questions, if not all of them, which are contained in the Sligh case.

We also here reserve any opinion as to the merits and dismiss it for the reasons stated. /
UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 98-7484

LEVI BROWN, SR., Petitioner - Appellant, versus STATE OF SOUTH CAROLINA; ATTORNEY GENERAL OF THE STATE OF SOUTH CAROLINA, Respondents - Appellees. Appeal from the United States District Court for the District of South Carolina, at Charleston. William B. Traxler, Jr., District Judge. (CA-98-948-2-21) Submitted: January 7, 1999 Decided: January 20, 1999 Before WIDENER, MURNAGHAN, and ERVIN, Circuit Judges. Dismissed by unpublished per curiam opinion.Levi Brown, Sr., Appellant Pro Se. Donald John Zelenka, Chief Deputy Attorney General, Columbia, South Carolina, for Appellees. Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c).2 PER CURIAM: Levi Brown appeals the district court’s order denying relief on his petition filed under 28 U.S.C.A. § 2254 (West 1994 & Supp.1998). We have reviewed the record and the district court’s opinion and find no reversible error. Accordingly, we deny a certificate of appealability and dismiss the appeal on the reasoning of the district court. Brown v. South Carolina , No. CA-98-948-2-21 (D.S.C. Sept. 28, 1998). We dispense with oral argument becausethe facts and legal contentions are adequately presented in the materials before the court and argument would not aid the decisional process.

DISMISSED
#### Frank Koplinger, Appellant, v. American Locomotive Company, Respondent.

Motion for reargument denied, with ten dollars costs. Motion for leave to appeal to Court of Appeals denied.
<PAGE>
                                                                    EXHIBIT 12.2



                                 CERTIFICATIONS

I, Paul Yeh, certify that:

1.   I have reviewed this annual report on Form 20-F of Macronix International
     Co., Ltd.;

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 company as of, and for, the periods presented in this report;

4.   The company'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 company 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
          company, 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 company'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 company's internal control
          over financial reporting that occurred during the period covered by
          the annual report that has materially affected, or is reasonably
          likely to materially affect, the company's internal control over
          financial reporting; and

5.   The company's other certifying officer(s) and I have disclosed, based on
     our most recent evaluation of internal control over financial reporting, to
     the company's auditors and the audit committee of company's board of
     directors (or persons performing the equivalent function):

     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 company'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 company's internal
          control over financial reporting.


Date: June 28, 2004


By: /s/ Paul Yeh
    -----------------------
Name:  Paul Yeh
Title: Associate Vice President - Finance Center
**EXHIBIT
      32.2**





**SECTION
      906 CERTIFICATION**











Exhibit
      32.2





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 Warp 9, Inc. (the “Company”) on Form
      10-QSB for the period ending  December 31, 2007 (the “Report”) I,
      Louie Ucciferri, Chairman, Corporate Secretary, and Acting Chief Financial
      Officer of the Company, certify, pursuant to 18USC ss.1350, as adopted pursuant
      to ss.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.








Date:
                February 13, 2008By:
                \s\*Louie Ucciferri*Louie
                Ucciferri, Chairman, Corporate Secretary, Acting Chief Financial
                Officer(Principal
                Financial/Accounting Officer)











This
      certification accompanies the Report pursuant to Section 906 of the
      Sarbanes-Oxley Act of 2002 and shall not, except to the extent required by
      the
      Sarbanes-Oxley Act of 2002, be deemed filed by the Company for purposes of
      Section 18 of the Securities Exchange Act of 1934, as amended.
#### Carrie W. Pearce, Respondent, v. William A. Stace, Appellant.

Judgment and order affirmed, with costs.

All concurred, except Smith, P. J., dissenting.
<PAGE>   1
                                                                   Exhibit 23.03


              CONSENT OF INDEPENDENT CERTIFIED PUBLIC ACCOUNTANTS

The Plans Administration Committee
Travelers Group Inc.:

We consent to the incorporation by reference in the Registration Statement (No.
333-25605) on Form S-8 of Travelers Property Casualty Corp. of our report dated
June 23, 1997 relating to the statements of net assets available for plan
benefits of Travelers Group 401(k) Savings Plan as of December 31, 1996 and
1995, and the related statements of changes in net assets available for plan
benefits for the years then ended, and the supplemental schedules of assets
held for investment purposes, assets held for investment purposes which were
both acquired and disposed within the plan year, and reportable transactions as
of and for the year ended December 31, 1996, which report is being filed with
Form-10-K/A-1 as an amendment to the 1996 Annual Report on Form 10-K of
Travelers Property Casualty Corp.


                                        /s/ KPMG Peat Marwick LLP
                                        ----------------------------

New York, New York
June 26, 1997
Cgae* n-FOlMlA]Appals &t /eniAS 

### •fib. &>* ifMfyZfif-M &*tioS
E£E RECEIVED INCOURTOF CRIMINALAPPEALS 1 3 2015 el Acoste, Clerk ,.-., FILED IN COURT OF CRIMINAL APPEALS HAY 14 2015 Abel Acosta. Clerk



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