alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
Exhibit
32.1




Ener1,
Inc.


1540
Broadway, Suite 25C


New York,
New York 10036





March 11,
2010





Securities
and Exchange Commission


100 F
Street, NE


Washington,
DC 20549





Re:
Certification of Principal Executive Officer Pursuant To 18 U.S.C. Sec.
1350





Dear
Ladies and Gentlemen:





In
connection with the accompanying annual report on Form 10-K of Ener1, Inc., for
the year ended December 31, 2009 as filed with the Securities and Exchange
Commission, I, Charles Gassenheimer, Chief Executive Officer of Ener1, Inc.,
hereby certify pursuant to 18 U.S.C. Section 1350, as adopted pursuant to
Section 906 of the Sarbanes-Oxley Act of 2002, that:





1)
            such
      annual report on Form 10-K of Ener1, Inc., for the year ended December 31,
      2009 fully complies with the requirements of Section 13(a) or 15(d) of the
      Securities Exchange Act of 1934 (15 U.S.C. 78m or 78o(d));
    and





2)
            the
      information contained in such annual report on Form 10-K of Ener1, Inc.,
      for the year ended December 31, 2009, fairly presents, in all material
      respects, the financial condition and results of operations of Ener1,
      Inc.





/s/ Charles GassenheimerCharles
      Gassenheimer
              Chief
      Executive Officer and Chairman of the Board
              (Principal
      Executive Officer and
              Duly
      Authorized Officer)





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 Ener1, Inc. and will be
retained by Ener1, Inc. and furnished to the Securities and Exchange Commission
or its staff upon request.





This
certification is being “furnished” as Exhibit 32.1 to Ener1, Inc.’s annual
report and shall not be deemed “filed” for purposes of Section 18 of the
Securities Exchange Act of 1934 (the “Exchange Act”) or otherwise subject to the
liabilities of that section, nor shall it be deemed incorporated by reference in
any filing under the Securities Act of 1933 or the Exchange Act, except as
expressly set forth by specific reference in such a filing.
#### T. L. COX v. OAKDALE COTTON MILLS, INC.

(Filed 7 April, 1937.)

Venue § 3—

An action to recover damages to land caused by alleged wrongful obstruction of a river causing ponding of water on plaintiff's land, does not involve title to or any interest in land, and is transitory for tbe purposes of venue, and defendant’s motion to remove to tbe county of its residence, where its land is situate upon wbicb tbe obstruction was built, is properly refused.

Appeal by defendant from *Alley, J.,*at February Term, 1937, of Randolph.

Affirmed.

This action was beard on tbe motion of tbe defendant made in apt time, for tbe removal of the action, as a matter of right, from tbe Superior Court of Randolph to tbe Superior Court of Guilford County, for trial.

Tbe motion was denied and tbe defendant appealed to tbe Supreme Court, assigning error in tbe order denying its motion.

*J. Allen Austin and J. G. Prevette for plaintiff.*

*Roberson, Haworth & Reese for defendant.*

PeR Curiam.

This is an action to recover damages for injuries suffered by tbe plaintiff, as tbe owner of land situate in Randolph County. Tbe plaintiff is a resident of said county. Tbe action was begun in tbe Superior Court of Randolph County.

Tbe defendant is a resident of Guilford County. It owns land situate in said county. In apt time, C. S., 470, tbe defendant moved that tbe *474action be removed from tbe Superior Court of Bandolpb County to tbe Superior Court of Guilford County, for trial, as a matter of right. C. S., 463.

It is alleged in tbe complaint tbat tbe injuries wbicb tbe plaintiff bas suffered were caused by tbe artificial obstruction by tbe defendant, on its land in Guilford County, of tbe water in- a river wbicb flows through tbe land of tbe defendant, and thence to and through tbe land of the plaintiff.

For purposes of venue, tbe action is transitory and not local. *Clay Co. v. Clay Co.,*203 N. C., 12, 164 S. E., 341; *Causey v. Morris,*195 N. C,, 532, 142 S. E., 783. The action does not involve title to or any interest in land. There is, therefore, no error in tbe order denying tbe motion of tbe defendant. Tbe order is

Affirmed.
<TABLE> <S> <C>

<ARTICLE> 5
<MULTIPLIER> 1,000

<S>                             <C>
<PERIOD-TYPE>                   9-MOS
<FISCAL-YEAR-END>                          DEC-25-1999
<PERIOD-START>                             DEC-27-1998
<PERIOD-END>                               SEP-25-1999
<CASH>                                           2,140
<SECURITIES>                                         0
<RECEIVABLES>                                   96,365
<ALLOWANCES>                                     3,451
<INVENTORY>                                    111,444
<CURRENT-ASSETS>                               216,476
<PP&E>                                         180,839
<DEPRECIATION>                                  66,840
<TOTAL-ASSETS>                                 409,657
<CURRENT-LIABILITIES>                          184,591
<BONDS>                                        414,187
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                            59
<OTHER-SE>                                   (137,284)
<TOTAL-LIABILITY-AND-EQUITY>                   409,657
<SALES>                                        316,118
<TOTAL-REVENUES>                               316,118
<CGS>                                          193,228
<TOTAL-COSTS>                                  193,228
<OTHER-EXPENSES>                               118,183
<LOSS-PROVISION>                                   613
<INTEREST-EXPENSE>                              29,432
<INCOME-PRETAX>                               (24,725)
<INCOME-TAX>                                   (2,973)
<INCOME-CONTINUING>                           (24,725)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                  (21,752)
<EPS-BASIC>                                          0
<EPS-DILUTED>                                        0


</TABLE>
[Federal Register Volume 60, Number 50 (Wednesday, March 15, 1995)]
[Presidential Documents]
[Page 14199]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-6588]




[[Page 14197]]

_______________________________________________________________________

Part IX





The President





_______________________________________________________________________



Executive Order 12956--Israel-United States Binational Industrial 
Research and Development Foundation


                        Presidential Documents 



Federal Register / Vol. 60, No. 50 / Wednesday, March 15, 1995 / 
Presidential Documents

___________________________________________________________________

Title 3--
The President  
[[Page 14199]] 

                
Executive Order 12956 of March 13, 1995

                Israel-United States Binational Industrial Research and 
                Development Foundation

                By the authority vested in me as President by the 
                Constitution and the laws of the United States of 
                America, including section 1 of the International 
                Organizations Immunities Act (22 U.S.C. 288), and 
                having found that the Israel-United States Binational 
                Industrial Research and Development Foundation is a 
                public international organization in which the United 
                States participates within the meaning of the 
                International Organizations Immunities Act, I hereby 
                designate the Israel-United States Binational 
                Industrial Research and Development Foundation as a 
                public international organization entitled to enjoy the 
                privileges, exemptions, and immunities conferred by the 
                International Organizations Immunities Act. This 
                designation is not intended to abridge in any respect 
                the privileges, exemptions, or immunities that such 
                organization may have acquired or may acquire by 
                international agreements or by congressional action.

                    (Presidential Sig.)<Clinton1><Clinton2>

                THE WHITE HOUSE,

                    March 13, 1995.

[FR Doc. 95-6588
Filed 3-14-95; 9:18 am]
Billing code 3195-01-P
[Federal Register Volume 60, Number 57 (Friday, March 24, 1995)]
[Notices]
[Pages 15582-15583]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-7328]



=======================================================================
-----------------------------------------------------------------------
[[Page 15583]]

INSTITUTE OF AMERICAN INDIAN AND ALASKA NATIVE CULTURE AND ARTS 
DEVELOPMENT


Request for Nomination to the Board of Trustees

AGENCY: Institute of American Indian and Alaska Native Culture and Arts 
Development (aka Institute of American Indian Arts).

ACTION: Request for nomination.

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

SUMMARY: The Board directs the Administration of the Institute of 
American Indian and Alaska Native Culture and Arts Development, 
including soliciting, accepting, and disposing of gifts, bequests, and 
other properties for the benefit of the Institute. The Institute, 
established under Public Law 99-498 (20 U.S.C. 4411 et seq.), provides 
scholarly study of and instruction in Indian art and culture, and 
establishes programs which culminate in the awarding of degrees in the 
various fields of Indian art and culture.
    The Board consists of thirteen members appointed by the President 
of the United States, by and with the consent of the U.S. Senate, who 
are American Indians or persons knowledgeable in the field of Indian 
art and culture. This notice requests nomination to fill one 
appointment on the Board of Trustees.

DATES: Nominations will be accepted until April 24, 1995.

ADDRESSES: Nominations may be sent to the Chairman, Board of Trustees, 
Institute of American Indian Arts, Post Office Box 20007, Santa Fe, New 
Mexico 87504.

FOR FURTHER INFORMATION CONTACT:
Kenneth Blankenship, Chairman of the Board of Trustees, Institute of 
American Indian Arts, Post Office Box 20007, Santa Fe, New Mexico 
87504.

SUPPLEMENTARY INFORMATION: Public Law 99-498 (20 U.S.C. 4412(a)(2)(b), 
requires the President to publish in the Federal Register an 
announcement regarding nominations of the Presidentially appointed 
members of the Board of Trustees of the Institute. On February 22, 1991 
(56 FR 8099, February 26, 1991), the President delegated to the 
Chairman of the Board of Trustees the responsibility to publish an 
announcement regarding these nominations in the Federal Register. All 
nominations submitted will be forward to the President for 
consideration.

    Dated: March 13, 1995.
Kenneth Blankenship,
Chairman, Board of Trustees, Institute of American Indian and Alaska 
Culture and Arts Development.
[FR Doc. 95-7328 Filed 3-23-95; 8:45 am]
BILLING CODE 4320-01-M
EXECUTIVE OFFICE OF THE PRESIDENT

OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE

WASHINGTON, D.C. 20508

May 29, 2019

RE: Product Exclusion Request Number: USTR-2018-0025-3287

CW Bearing USA, Inc:

I am pleased to notify you that the United States Trade Representative has determined to 

grant the above-referenced exclusion request submitted pursuant to the notice published at 83 FR 

32181 (‘July 11 notice’). The exclusion determination is set out in a formal notice which has 

been submitted to Office of the Federal Register for publication (‘the exclusion notice’). A prepublication version of the exclusion notice has been posted on the USTR website, at 

https://ustr.gov/sites/default/files/enforcement/301Investigations/Notice_of_Product_Exclusions

_5-30-2019.pdf.

The scope of the exclusion is governed by the formal HTSUS language in the annex to 

the product exclusion notice, and not by the product descriptions set out in any particular request 

for exclusion. An exclusion in response to your request has been granted by excluding from the 

additional tariffs products covered by a specially drafted description contained in the annex to 

the product exclusion notice. 

In accordance with the July 11 notice, the exclusion applies as of the July 6, 2018 

effective date of the tariff action, and will extend for one year after the exclusion notice is 

published in the Federal Register. As stated in the exclusion notice, U.S. Customs and Border 

Protection will issue additional instructions on entry guidance and implementation

Sincerely,

Joseph Barloon

General Counsel
EXECUTIVE OFFICE OF THE PRESIDENT

OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE

WASHINGTON, D.C. 20508

November 19, 2018

RE: Product Exclusion Request Number: USTR-2018-0025-3728

JLG Industries, Inc:

The purpose of this letter is to inform you that the product exclusion request referenced 

above has been denied. As you are aware, USTR published a Federal Register notice (83 FR 

28710) on June 20, 2018, that announced the Trade Representative’s determination to impose an 

additional duty of 25 percent on certain products from China. On July 11, 2018, the Trade 

Representative published a Federal Register notice (83 FR 32181) which announced that a 

process had been established under which interested persons could request that products falling 

within a covered HTSUS subheading be excluded from the additional duties announced on June 

20. 

Your request was reviewed in accordance with the factors and procedures set forth in 

Section B(1) of the July 11 notice. Based on that review, and after careful consideration, your 

request was denied because the request failed to show that this particular product is available 

only from China.

Because USTR will grant exclusion requests on a product specific basis, you may still 

benefit from a product exclusion if a similar product is granted an exclusion. Products for which 

an exclusion has been granted will be periodically announced on the USTR website. Product 

exclusions will become legally effective once published in the Federal Register. 

Sincerely,

Stephen P. Vaughn
EXECUTIVE OFFICE OF THE PRESIDENT

OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE

WASHINGTON, D.C. 20508

February 4, 2019

RE: Product Exclusion Request Number: USTR-2018-0025-10480

A.W. Chesterton Company:

The purpose of this letter is to inform you that the product exclusion request referenced 

above has been denied. As you are aware, USTR published a Federal Register notice (83 FR 

28710) on June 20, 2018, that announced the Trade Representative’s determination to impose an 

additional duty of 25 percent on certain products from China. On July 11, 2018, the Trade 

Representative published a Federal Register notice (83 FR 32181) which announced that a 

process had been established under which interested persons could request that products falling 

within a covered HTSUS subheading be excluded from the additional duties announced on June 

20.

Your request was reviewed in accordance with the factors and procedures set forth in 

Section B(1) of the July 11 notice. Based on that review, and after careful consideration, your 

request was denied because the request failed to show that the imposition of additional duties on 

the particular product would cause severe economic harm to you or other U.S. interests.

Because USTR will grant exclusion requests on a product specific basis, you may still 

benefit from a product exclusion if a similar product is granted an exclusion. Products for which 

an exclusion has been granted will be periodically announced on the USTR website. Product 

exclusions will become legally effective once published in the Federal Register. 

Sincerely,

Stephen P. Vaughn

General Counsel
[Federal Register Volume 60, Number 55 (Wednesday, March 22, 1995)]
[Notices]
[Page 15127]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-7003]



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

DEPARTMENT OF COMMERCE
[I.D. 031595B]


North Pacific Fishery Management Council; Committee Meeting

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Commerce.

ACTION: Notice of meeting.

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

SUMMARY: The industry implementation team for the Sablefish and Halibut 
Individual Fishing Quota (IFQ) Program will hold a meeting, on April 5-
6, 1995, at the NMFS Regional office, 709 W. 9th Street, Juneau, AK.
    The agenda for the meeting will include the following subjects:
    1. Amount of IFQ fish that can be retained onboard in a particular 
area,
    2. Clarification of ``prelanding written clearance'' and 
``preclearance reports'' requirements,
    3. Coordination of the IFQ Program and Research Plan,
    4. Vessel and use caps,
    5. Certified mail requirement,
    6. Sub-leasing of quota shares or IFQs,
    7. Shipping report problems,
    8. Clarification that vessel caps do not include Community 
Development Quota allocations,
    9. Transshipment reports, and
    10. Overage provision.
    The Implementation Team will provide a written report of the 
meeting to the North Pacific Fishery Management Council at its meeting 
the week of April 17, 1995, in Anchorage.

FOR FURTHER INFORMATION CONTACT: Jane DiCosimo, North Pacific Fishery 
Management Council, P.O. Box 103136, Anchorage, AK 99510; telephone: 
(907) 271-2809.

SUPPLEMENTARY INFORMATION: These meetings are physically accessible to 
people with disabilities. Requests for sign language interpretation or 
other auxiliary aids should be directed to Helen Allen, (907) 271-2809, 
at least 5 working days prior to the meeting date.

    Dated: March 16, 1995.
David S. Crestin,
Acting Director, Office of Fisheries Conservation and Management,
    National Marine Fisheries Service.
[FR Doc. 95-7003 Filed 3-21-95; 8:45 am]
BILLING CODE 3510-22-F
[Federal Register Volume 60, Number 53 (Monday, March 20, 1995)]
[Notices]
[Pages 14737-14738]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-6719]



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


DEPARTMENT OF DEFENSE

CNO Executive Panel; Closed Meeting

    Pursuant to the provisions of the Federal Advisory Committee Act (5 
U.S.C. App. 2), notice is hereby given that the Chief of Naval 
Operations (CNO) Executive Panel Task Force on Naval Surface Warship 
Design will meet April 10-11, 1995, from 9 a.m. to 4 p.m., each day at 
4401 Ford Avenue, Alexandria, Virginia. These sessions will be closed 
to the public.

    The purpose of this meeting is to conduct discussions about Future 
Surface Warships Designs. Matters to be examined constitute classified 
information that is specifically authorized by Executive order to be 
kept secret in the interest of national defense and are, in fact, 
properly classified [[Page 14738]] pursuant to such Executive order. 
Accordingly, the Secretary of the Navy has determined in writing that 
the public interest requires that all sessions of the meeting be closed 
to the public because they will be concerned with matters listed in 
section 552b(c)(1) of title 5, United States Code.

    For further information concerning this meeting, contact: Timothy 
J. Galpin, Assistant for CNO Executive Panel Management, 4401 Ford 
Avenue, Suite 601, Alexandria, VA 22302-0268, Phone: (703) 756-1205.

    Dated: March 14, 1995.
L. R. McNees,
LCDR, JAGC, USN, Federal Register Liaison Officer.
[FR Doc. 95-6719 Filed 3-17-95; 8:45 am]
BILLING CODE 3810-FF-F
<PAGE>   1
                                                                    EXHIBIT 10.1


                               THIRD AMENDMENT TO

                     BRIGHT HORIZONS FAMILY SOLUTIONS, INC.

                           1998 STOCK INCENTIVE PLAN

         This Third Amendment (this "Amendment") to the 1998 Stock Incentive
Plan (the "Plan") is hereby established by Bright Horizons Family Solutions,
Inc., a Delaware corporation (the "Company"), and adopted by its Board of
Directors as of the 28th day of March, 2001 (the "Effective Date").

                                    RECITALS

         A. The Board of Directors of the Company (the "Board") previously
approved, and the shareholders of the Company previously approved and adopted,
the Plan.

         B. The Board has deemed that it is in the best interests of the Company
to amend the Plan.

                                   AMENDMENT

         Paragraph (a) of Section 3 of the Plan is hereby deleted and replaced
with the following:

                  "(a) As of the Effective Date, the aggregate number of shares
         of Common Stock that may be issued under the Plan shall be 2,250,000
         shares. Of the total number of shares that may be issued under the
         Plan, an aggregate of 100,000 shares shall be reserved for issuance
         under Section 8 hereof, subject to increases at the discretion of the
         Board. The shares of Common Stock issuable under the Plan may consist,
         in whole or in part, of authorized and unissued shares or treasury
         shares. No officer of the Company or other person whose compensation
         may be subject to the limitations on deductibility under Section 162(m)
         of the Code shall be eligible to receive awards pursuant to this Plan
         relating to in excess of 200,000 shares of Common Stock in any fiscal
         year (the "Section 162(m) Maximum")."