alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
**Exhibit 10.49**

**AMENDMENT NUMBER SEVEN**

**TO THE**

**HEALTH NET, INC. 401(k) SAVINGS PLAN**

**(as amended and restated effectiveJanuary 1, 2001)**

**WHEREAS,** Health Net, Inc. (the “Company”) heretofore has adopted and maintains the Health Net,Inc. 401(k) Savings Plan (the “Plan”) for the benefit of eligible employees of the Company and certain of its affiliates; 

**WHEREAS,** the Company desires to amend the Plan to reflect changes required by the Pension Protection Act of 2006 (the “PPA”) and to makes certain other clarifying changes; 

**WHEREAS,** the Company has the power to amend the Plan pursuant to Section 15.1 thereof. 

**NOW, THEREFORE, BE IT RESOLVED,** that pursuant to the power of amendment contained in Section 15.1 of the Plan, the Plan is amended asfollows: 

1. Effective January 1, 2006, Section 8.2 of the Plan is amended to insert the phrase “Pre-2006” immediatelybefore the phrase “Matching Contributions Account” as it appears in the first sentence therein. 

2. Effective January 1,2007, the last sentence of Section 8.5(d) of the Plan is amended in its entirety to read as follows: 

For purposes of this subsection,the term “distributee” shall mean (i) a Participant, (ii) an alternative payee (within the meaning of section 414(p)(8) of the Code) with respect to a Participant under a qualified domestic relations order, (iii) a survivingspouse of a Participant or (iv) a Beneficiary of a Participant; *provided, however*, that a Beneficiary is permitted to elect to have an eligible rollover distribution transferred pursuant to this subsection only to an individualretirement account or annuity described in section 408(a) or (b) of the Code. 

**IN WITNESS WHEREOF**, the Company has caused thisinstrument to be executed by its duly authorized officer this 27th day of December, 2006. 

 

 

1
<PAGE>
 
                                                                      EXHIBIT 11

                        CAPITOL COMMUNITIES CORPORATION

                       Computation of Earnings Per Share


                               Fiscal Year Ended
                                  September,

<TABLE>
<CAPTION> 
                                                         1997           1996
                                                         ----           ----
<S>                                                   <C>            <C> 
Shares Outstanding Beginning                          7,000,000      7,000,000
 Of Period
 
Shares Issued During Period
  October 7, 1996                                        38,000
  November 12, 1996                                     150,000
  April 17,1997                                         (38,000)
  April 25, 1997                                        (19,000)
  May 6, 1997                                           (19,000)
  July 29,1997                                          200,000

Weighted average number of                            7,312,000      7,000,000
 shares outstanding

Total                                                 7,171,014      7,000,000

Shares deemed outstanding from
 assumed exercise of stock options                           -              -
                                                     ----------    -----------
Total                                                 7,171,014      7,000,000

Earnings (loss) applicable to                        $ (143,768)   $(1,109,053)
 common shares

Earnings (loss) per share of                         $   (0.020)   $    (0.158)
 common stock
</TABLE>
I

104TH CONGRESS

1ST SESSION H. R. 635

To amend the Internal Revenue Code of 1986 to expand the excise tax

exemption for air transportation for the purpose of providing medical care.

IN THE HOUSE OF REPRESENTATIVES

JANUARY 23, 1995

Mr. HERGER (for himself, Mr. HANCOCK, and Ms. DUNN of Washington) introduced the following bill; which was referred to the Committee on Ways

and Means

A BILL

To amend the Internal Revenue Code of 1986 to expand

the excise tax exemption for air transportation for the

purpose of providing medical care.

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

3 SECTION 1. EXPANSION OF EXCISE TAX EXEMPTION FOR

4 TRANSPORTATION BY AIR FOR MEDICAL

5 CARE.

6 (a) IN GENERAL.—Subsection (f) of section 4261 of

7 the Internal Revenue Code of 1986 (relating to exemption

8 for certain emergency medical transportation) is amended

9 to read as follows:
2

•HR 635 IH

1 ‘‘(f) EXEMPTION FOR MEDICAL TRANSPORTATION.—

2 No tax shall be imposed under this section or section 4271

3 on any air transportation for the purpose of providing

4 medical care if such transportation is not scheduled and

5 is not along regular routes.’’

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

7 this section shall apply to transportation beginning on or

8 after the date of the enactment of this Act, but shall not

9 apply to amounts paid before such date.

Æ
[Federal Register Volume 73, Number 156 (Tuesday, August 12, 2008)]
[Notices]
[Pages 46960-46961]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-18565]


=======================================================================
-----------------------------------------------------------------------

SMALL BUSINESS ADMINISTRATION

[Disaster Declaration <greek-i>11364 and <greek-i>11365]


Mississippi Disaster <greek-i>MS-00023

AGENCY: U.S. Small Business Administration.

ACTION: Notice.

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

[[Page 46961]]

SUMMARY: This is a notice of an Administrative declaration of a 
disaster for the State of Mississippi dated 08/06/2008.
    Incident: Severe Storms and Flash Flooding.
    Incident Period: 07/29/2008.
    Effective Date: 08/06/2008.
    Physical Loan Application Deadline Date: 10/05/2008.
    Economic Injury (EIDL) Loan Application Deadline Date: 05/06/2009.

ADDRESSES: Submit completed loan applications to: U.S. Small Business 
Administration, Processing and Disbursement Center, 14925 Kingsport 
Road, Fort Worth, TX 76155.

FOR FURTHER INFORMATION CONTACT: M Mitravich, Office of Disaster 
Assistance, U.S. Small Business Administration, 409 3rd Street, SW., 
Suite 6050, Washington, DC 20416.

SUPPLEMENTARY INFORMATION: Notice is hereby given that as a result of 
the Administrator's disaster declaration, applications for disaster 
loans may be filed at the address listed above or other locally 
announced locations.
    The following areas have been determined to be adversely affected 
by the disaster:

Primary Counties: Forrest
Contiguous Counties: Mississippi
    Covington, Jones, Lamar, Pearl River, Perry, Stone
    The Interest Rates are:

 
------------------------------------------------------------------------
                                                                Percent
------------------------------------------------------------------------
Homeowners With Credit Available Elsewhere...................      5.375
Homeowners Without Credit Available Elsewhere................      2.687
Businesses With Credit Available Elsewhere...................      8.000
Businesses and Small Agricultural Cooperatives Without Credit      4.000
 Available Elsewhere.........................................
Other (Including Non-Profit Organizations) With Credit             5.250
 Available Elsewhere.........................................
Businesses and Non-Profit Organizations Without Credit             4.000
 Available Elsewhere.........................................
------------------------------------------------------------------------

    The number assigned to this disaster for physical damage is 11364 6 
and for economic injury is 11365 0.
    The State which received an EIDL Declaration <greek-i> is 
Mississippi.

(Catalog of Federal Domestic Assistance Numbers 59002 and 59008)

    Dated: August 6, 2008.
Jovita Carranza,
Acting Administrator.
 [FR Doc. E8-18565 Filed 8-11-08; 8:45 am]
BILLING CODE 8025-01-P
**Exibit 99.7**

 

**GE Commercial DistributionFinance**

** **

GE Commercial Distribution Finance Corporation

5595 Trillium Blvd. Hoffman Estates, IL 60192

(847) 747-7635, Fax (847) 747-7452

 

Yamaha Motor Corporation, U.S.A.

6555 Katella Avenue

Cypress, California 90630

 

**Management's Report on GECommercial Distribution Finance'sCompliance, as Sub-servicer, with the Servicing Requirements of theServicing Agreement Between Yamaha Motor Corporation, U.S.A. andGE Commercial Distribution Finance Dated March 1, 1994**

 

Management of GE Commercial Distribution Finance (GECDF), assub-servicer, is responsible for compliance with the servicing requirements inArticle II, Sections 2.1, 2.2, 2.4, and 2.5 of the Servicing Agreement betweenYamaha Motor Corporation, U.S.A. (Yamaha), and GECDF dated as of March 1, 1994among Yamaha, as master servicer; and GECDF as sub-servicer.

 

Management has performed an evaluation of GECDF's compliance with theaforementioned sections of the Agreement for the period April 1, 2004, throughDecember 31, 2004.  Based upon thisevaluation, management believes that GECDF, as sub-servicer, was materially incompliance with the aforementioned sections of the Agreement.

 
|                    |   |                      |   |
|-------------------------|--------|---------------------------|--------|
| Paul Puma               |   |                      |   |
| *Senior Vice President* |   |                      |   |
| January 26, 2005        |   |                      |   |
|                    |   |                      |   |
| /s/ W. Steven Culp      |   | /s/ David Kaminsky        |   |
| W. Steven Culp          |   | David Kaminsky            |   |
| *Controller*            |   | *Chief Financial Officer* |   |
| January 26, 2005        |   | January 26, 2005          |   |

 

 

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

<PAGE>
 
<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM THE
ACCOMPANYING FINANCIAL STATEMENTS AND IS QUALIFIED IN ITS ENTIRETY BY REFERENCE
TO SUCH FINANCIAL STATEMENTS.
</LEGEND>
<MULTIPLIER> 1,000
       
<S>                             <C>
<PERIOD-TYPE>                   YEAR
<FISCAL-YEAR-END>                          SEP-30-1997
<PERIOD-START>                             OCT-01-1996
<PERIOD-END>                               SEP-30-1997
<CASH>                                          24,711
<SECURITIES>                                     6,500
<RECEIVABLES>                                   10,449
<ALLOWANCES>                                     1,158
<INVENTORY>                                        866
<CURRENT-ASSETS>                                43,513
<PP&E>                                           8,700
<DEPRECIATION>                                   4,891
<TOTAL-ASSETS>                                  51,042
<CURRENT-LIABILITIES>                           10,336
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                            12
<OTHER-SE>                                      40,483
<TOTAL-LIABILITY-AND-EQUITY>                    51,042
<SALES>                                         47,393
<TOTAL-REVENUES>                                47,393
<CGS>                                            9,737
<TOTAL-COSTS>                                    9,737
<OTHER-EXPENSES>                                38,920
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                   0
<INCOME-PRETAX>                                  (333)
<INCOME-TAX>                                     (338)
<INCOME-CONTINUING>                                  5
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                         5
<EPS-PRIMARY>                                     0.00
<EPS-DILUTED>                                     0.00
        

</TABLE>
IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA

FIFTH DISTRICT

NOT FINAL UNTIL TIME EXPIRES TO

FILE MOTION FOR REHEARING AND

DISPOSITION THEREOF IF FILED

JAQUARIES JONES

,

Appellant

,

v. Case No. 5D 16

- 4338

STATE OF FLORIDA

,

Appellee

.

________________________________/

Opinion filed June 15, 2018

Appeal from the Circuit Court for Marion County

, Willard Pope , Judge.

James S. Purdy, Public Defender, and Brittany N. O'Neil, Assistant Public Defender, Daytona Beach, for Appellant.

Pamela Jo Bondi, Attorney General, Tallahassee, and Douglas T. Squire, Assistant Attorney General, Daytona Beach, for Appellee.

PER CURIAM

.

We affirm. However, we remand for the trial court to enter corrected sentencing

documents granting Appellant a twenty

- year sentencing review pursuant to s ection

921.1402(2)( d ) , Florida Statutes (201 6 )

. See Barnes v. State , 175 So. 3d 380 (Fla. 5th

DCA 2015).2

AFFIRMED AND REMANDED WITH INSTRUCTIONS.

TORPY

, EDWARDS and EISNAUGLE, JJ., concur.
Exhibit 32.4



Certification Pursuant to

18 U.S.C. Section 1350,

as Adopted Pursuant to

Section 906 of the Sarbanes-Oxley Act of 2002



In connection with the Annual Report of The Pantry, Inc. (the Company) on Form 10-K/A for the year ending September 30, 2004 as filed with the
Securities and Exchange Commission on the date hereof (the Report), I, Daniel J. Kelly, Vice President, Finance and Chief Financial 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, to my knowledge, that:



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



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



/S/ DANIEL J. KELLYDaniel J. KellyVice President andChief Financial OfficerDate: August 30, 2005




This
Certification is being furnished solely to accompany the Report pursuant to 18 U.S.C. §1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002 and shall not be deemed filed by the Company for purposes of Section
18 of the Securities Exchange Act of 1934, as amended, and shall not be incorporated by reference into any filing of the Company under the Securities Act of 1933, as amended, or the Securities Exchange Act of 1934, as amended, whether made before or
after the date of this Report, irrespective of any general incorporation language contained in such filing.



A signed original of this written statement required by Section 906, or other documents 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 the Company and will be retained by the Company and furnished to the Securities and Exchange Commission or its staff
upon request.
#### STATE of Missouri, Appellant, v. Michael T. WHITE and Polsinelli, White, Vardeman & Shalton, P.C., Respondents.

No. 79029.

Supreme Court of Missouri, En Banc.

Jan. 21, 1997.

Jeremiah W. (Jay) Nixon, Attorney General, John M. Morris, Assistant Attorney General, Jefferson City, for Appellant.

Thomas C. Walsh, Mark W. Eggert, St. Louis, James L. Eisenbrandt, Jeffrey D. Morris, Overland Park, Kansas, for Respondents.

HOLSTEIN, Chief Justice.

The State of Missouri appeals the dismissal of separate informations filed against two defendants charging them with knowingly making false statements on gaming license applications. § 313.810.5.1 Following opinion by the Missouri Court of Appeals, Eastern District, this Court granted transfer. Rule 83.03. The prosecutions are barred by the statute of limitation. § 556.036.2(2). The judgment dismissing the informations is affirmed.

I.

The Attorney General filed separate infor-mations against defendants White, an attorney, and Polsinelli, White, Vardeman & Shal-ton, P.C. (Polsinelli White), the law firm with which White was associated. The informa-tions charged the defendants with one count *794each of knowingly making a false statement on a gaming license application, a class A misdemeanor. § 313.810.5. The crimes charged against each defendant were alleged to have been committed on or about September 20, 1993. The informations were filed May 24, 1995, a year and eight months after the offenses charged. An amended information alleged, “For purposes of the statute of limitations, Section 556.036.3(1)[ ], the false and fraudulent character of this statement was discovered by an aggrieved party on or after October 1, 1994.” Motions to dismiss were filed by the defendants contending that (1) the Attorney General did not have authority to file criminal charges because the case was not referred to him by the Missouri Gaming Commission and (2) the statute of limitations, § 556.036.2(2) barred prosecution. The trial court sustained the motions to dismiss, finding that the Attorney General had authority to initiate prosecutions only if the Gaming Commission made a criminal referral. The trial court declined to address the statute of limitations issue.

The State appeals the dismissal of the informations. If the trial court was correct in dismissing the informations for any reason, the judgment will be affirmed. This is true even if the reason stated was inadequate or incorrect. *State v. Bradley,*811 S.W.2d 379, 383 (Mo. banc 1991).

II.

The dispositive legal issues in this case are identical to those decided this date in *State v. Becker,*938 S.W.2d 267 (Mo. banc 1997). The judgment of the trial court is affirmed on the ground that the prosecutions were barred by the applicable statute of limitations, § 556.036.2(2). In view of the Court’s ruling, other claims need not be addressed.

BENTON, LIMBAUGH, ROBERTSON, COVINGTON, JJ., McHENRY, Senior Judge and GARRISON, Special Judge, concur.

PRICE and WHITE, JJ., not sitting.

1

. Unless noted otherwise, all statutory references are to RSMo 1994.
T hi s di s pos i t i on i s notappr opr i a t e f orpubl i c a t i on and i s notpr e c e de nt * e xc e pta s pr ovi de d by9th C i r . R . 36- 3.

T he H onor abl e T i m othyM . B ur ge s s , U ni t e d S t a t e s D i s tr i c tJudge f or * * th e D is tr ic t o f

A la s k a , s ittin g b yd e s ig n a tio n . T he pa ne l una ni m ous l yc onc l ude s thi s c a s e i s s ui t abl e f orde c i s i on * ** w ith o u t o r a l ar g u m e n t. See F ed. R . A pp . P . 34 (a )( 2). NOT F OR P UB L I CAT I ON UN I TE D STATE S C OU RT OF APPE ALS FOR T HE NI NTH CI RC UI T UN I T E D S T AT E S OF AME R I C A, P l ai nt i ff

- A pp el l ee , v. E L B I S S AU L MAR T I NE Z - E S C AL ON , a. k. a. E l bi s S aul M art i nez, D e f

e n d a n t - A p p e llan t. N o. 12- 10096 D. C . No . 4 : 1 1 - c r - 0 3 5 8 6 - C KJ ME MOR AN DU M *

A pp ea l fr om the U ni t ed S t at es D i stri ctC ou rt

f orthe D i s tr i c tof

A r i z ona T i m othyM . B ur ge s s , D i s tr i c tJudge , P r e s i di ng ** S ubm i tt e d J anua ry15, 2013 *** B e f o r e : S I L V E R M A N , B E A , an dN G U Y E N , C ir c u it Ju d g e s . E l bi s S aul M a rt i ne z - E s c a l on appe a l s f r om the di s tr i c tc ourt ’ s j udgm e nta nd chal l enges hi s gui l ty- pl eaconv i ct i on and 5 1-m on th sent ence for r ee ntryaf t er 

# FI LED JAN 16 2 013 M OLLY C. DW Y ER, CLERK U . S. C O U R T OF APPE ALS12- 10096 2 de port a t i on, i n vi ol a t i on of 8 U . S . C . § 1326. P ur s uantt o A n de rs v . Ca lifo rn ia , 386 U . S . 73 8 (19 67 ), M art i nez- E sc al on ’ s c ou nselhas f i l ed a bri ef

st at i ng thatthere ar e n o g r o u n d s f

o rr e lie f , a lo n g w ith am o tio n to w ith d r aw a s c o u n s e l o f r e c o r d . W e h a v e p r o v id e dM a rtin e z - E s c a lo n th e o p p o rtu n ityto f ile ap r o s e s up p le m e n ta l b r ie f . N o p r o s e s up p le m e n ta l b r ie f o ran s w e r in g b r ie f

h a s b e e n f

ile d . O uri nde pe nde ntr e vi e w of the r e c or d pur s uantt o P e n s o n v . O h io , 4 8 8 U . S. 7 5 , 8 0 ( 1 9 8 8 ) , d is c lo s e s n o a r g u ab le g r o u n d s f o rr e lie f o n d ir e c t ap p e a l. C o u n sel ’ s m o t i o n t o w i th d raw i s GR AN T E D. AF F I RME D.
Exhibit 32.1

CERTIFICATIONPURSUANT TO18 U.S.C. SECTION 1350,AS ADOPTED PURSUANT TO SECTION 906OF THE SARBANES-OXLEY ACT OF 2002

Inconnection with the amended quarterly report of Veracity Management Global, Inc. (the“Company”) on Form 10-QSB/A for the period ended September 30, 2007 (the“Report”), as filed with the Securities and Exchange Commission on the datehereof, I, Michael Rideman, CEO of the Company, certify, pursuant to 18 U.S.C. Section1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that:

1. TheReport fully complies with the requirements of section 13(a) or 15(d) of the SecuritiesExchange Act of 1934, as amended; and

2. Theinformation contained in the Report fairly presents, in all material respects, thefinancial condition and results of operations of the Company.

/s/ Michael Rideman

Michael RidemanCEODated: February 15, 2008

A signed original of this writtenstatement required by Section 906 has been provided to Veracity Management Global, Inc.and will be retained by the Company and furnished to the Securities and ExchangeCommission or its staff upon request.
#### Josephine Becker, Respondent, v. Frieda Hart and Max Hart, Appellants.

Motion for reargument granted, and case set down for Tuesday, May 4, 1909. Present — Hirschberg, P. J., Jenks, Gaynor, Rich and Miller, JJ.