alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### David Lee RAYFORD, Appellant, v. STATE of Missouri, Respondent.

No. 68120.

Missouri Court of Appeals, Eastern District, Division One.

Feb. 13, 1996.

David Hemingway, Asst. Public Defender, St. Louis, for Appellant.

Jeremiah W. (Jay) Nixon, Attorney General, Elizabeth L. Ziegler, Sp. Assistant Attorney General, Jefferson City, for Respondent.

Before REINHARD, P.J., and CRANDALL and KAROHL, JJ.

*ORDER*

PER CURIAM.

On January 21, 1994, movant, David Lee Rayford, was delivered to the Missouri Department of Corrections to serve a ten-year sentence as a prior and persistent offender on the charge of burglary second degree, § 569.170 RSMo 1994. On November 14, 1994, he filed a Rule 24.035 motion for post conviction relief.

The motion court dismissed the motion as untimely under Rule 24.035(b). The rule allows ninety days after delivery to the custody of the Department of Corrections to file a motion for post conviction relief. “The time limitations contained in Rules 24.035 and 29.15 are valid and mandatory.” *Day v. State,*770 S.W.2d 692, 695 (Mo. banc 1989). Dismissal of the motion was mandatory. An extended opinion would have no precedential value. Judgment affirmed in accordance with Rule 84.16(b).
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 TJS Wood Flooring, Inc. (the Company) on Form 10-QSB/A1 for the period ended September 30, 2007 as filed with the Securities and Exchange Commission on the date hereof (the Report), I, Brandi Iannelli, Chief Executive and Chief Financial Officer of the Company, certify, pursuant to 18 U.S.C. § 1350, as adopted pursuant to § 906 of the Sarbanes-Oxley Act of 2002, that to my knowledge:  1. The Report fully complies with 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/ Brandi Iannelli Brandi Iannelli Title: President and Chief Financial Officer   January 3, 2008
tvty-ex101_15.htm



Exhibit 10.1 

 

AMENDMENT TO COOPERATION AGREEMENT

This Amendment to Cooperation Agreement (this “Amendment”), dated as of February 18, 2020, is by and among Tivity Health, Inc., a Delaware corporation (the “Company”), and Altaris Capital, L.P., Altaris Partners, LLC, George Aitken-Davies and Daniel Tully (collectively, the “Altaris Group”).  

RECITALS


	
A.
	
The Company and the Altaris Group entered into that certain Cooperation Agreement, dated as of August 7, 2019 (the “Cooperation Agreement”).





	
B.
	
Pursuant to Section 9 of the Cooperation Agreement, the Cooperation Agreement may be amended by an agreement in writing executed by the parties thereto.





	
C.  
	
The Company and the Altaris Group desire to amend the Cooperation Agreement as set forth below. 




NOW, THEREFORE, intending to be legally bound hereby, the parties hereby agree as follows: 

1.Amendment.  Section 2(a)(iii) of the Cooperation Agreement is hereby amended by replacing reference to 10% in such Section 2(a)(iii) with a reference to 13%.  

 

2.Miscellaneous.  Except as expressly modified by this Amendment, all of the terms and conditions of the Cooperation Agreement shall remain in full force and effect.  In the event of any conflict or inconsistency between the terms and conditions of the Cooperation Agreement and this Amendment, the terms and conditions of this Amendment shall control and govern.  This Amendment may be executed in multiple counterparts which, when taken together, shall constitute one and the same document.  The exchange of copies of this Amendment and of signature pages by facsimile, or by .pdf or similar imaging transmission, will constitute effective execution and delivery of this Amendment as to the parties and may be used in lieu of the original agreement for all purposes.  Signatures of the parties transmitted by facsimile, or by .pdf or similar imaging transmission, will be deemed to be their original signatures for any purpose whatsoever.

[Remainder of Page Intentionally Left Blank]

 

 

 




 



Exhibit 10.1 

 

IN WITNESS WHEREOF, each of the parties hereto has executed this Amendment or caused the same to be executed by its duly authorized representative as of the date hereof.

 

TIVITY HEALTH, INC.

 

 

By:/s/ Adam Holland

Name: Adam Holland

Title:Chief Financial Officer

 




 



 

 

ALTARIS CAPITAL, L.P. 

By:Altaris Partners, LLC, its 

general partner

 

 

By:/s/ Daniel Tully

Name:Daniel Tully

Title:Manager

 

 

ALTARIS PARTNERS, LLC

 

 

By:/s/ Daniel Tully

Name:Daniel Tully

Title:Manager

 

 

/s/ George Aitken-Davies

George Aitken-Davies

 

 

/s/ Daniel Tully

Daniel Tully

 

[Signature Page to Amendment to Cooperation Agreement]
AP9 R04-30-92 S:\FormsLib\Civil Bureau\Civil Courts & Post Judgment\Post Trial\Appeal Status Card Revised 01-18-2013

RDATE 5/15/2018

ACCELERATED

 NOTICE OF APPEALS

ASSIGNMENT OF COURT THE COURT OF APPEALS

TO: 14TH COURT OF APPEALS 

From: Deputy Clerk: SHEMEKA LEE

 Chris Daniel, District Clerk

Harris County, T E X A S

CAUSE: 2018-27026 

VOLUME PAGE OR IMAGE # 79835146

DUE 5/24/2018 ATTORNEY 00784447

NOTICE OF APPEAL HAS BEEN ASSIGNED TO THE 14TH COURT OF APPEALS

DATE JUDGMENT SIGNED: 5/7/2018 

MOTION FOR NEW TRIAL DATE FILED NONE

FINDINGS OF FACT & CONCLUSIONS OF LAW FILED NONE

REQUEST TRANSCRIPT DATE FILED NONE

NOTICE OF APPEAL DATE FILED 5/14/2018

NUMBER OF DAYS: ( CLERKS RECORD ) 10

FILE ORDERED: YES NO IMAGED FILED: YES NO 

CODES FOR NOTICE OF APPEAL: D, OA

COURT REPORTER: Norma Duarte

CHRIS DANIEL 

Harris County, District Clerk

By: /s/Shemeka Lee 

 SHEMEKA LEE, Deputy

BC NOTICE OF APPEAL FILED

BG NOTICE OF APPEAL FILED – GOVERNMENT

C JUDGMENT BEING APPEALED

D ACCELERATED APPEAL

OA NO CLERK’S RECORD REQUEST FILED

O CLERK’S RECORD REQUEST FILED (W/ NOTICE OF APPEAL)

NA AMENDED NOTICE OF APPEAL

 FILED IN 14th COURT OF APPEALS HOUSTON, TEXAS 5/15/2018 3:42:09 PM CHRISTOPHER A. PRINE Clerk







(20) CONNECTION(S) FOUND.

CASE NUM: 201827026 PJN: TRANS NUM: CURRENT COURT: 234 PUB: Please Select

CASE TYPE: DEBT/CONTRACT - FRAUD/MISREPRESENTATIONCASE STATUS: READY DOCKET

STYLE: GREEN MOUNTAIN ENERGY COMPANY VS 7 POINT GROUP LLC

**** ACTIVE PARTIES ****

PJN PER/CONN 

NO

COC BAR PERSON NAME PTY STAT ASSOC ATTY

00020 - 0001 AGT LOCATION WHERE NOTICED FOR MEETINGS OF COUNTY GOVERNMENTAL

00019 - 0001 DEF ROMERO, ALVIN Y

00018 - 0001 AGT 7 POINT GROUP LLC (A TEXAS LIMITED LIABILITY COMPANY) BY SERVING ITS

00017 - 0001 DEF ESPRONCEDA, GERARDO

00016 - 0001 DEF ROMERO, MARCO A III

00015 - 0001 DEF CHAPA, BLANCA

00014 - 0001 DEF TORRES, MANUEL

00013 - 0001 DEF JIMENEZ, ENRIQUE A

00012 - 0001 DEF RIOS, JOSE

00011 - 0001 AGT E P DISTRIBUTORS INC ( A TEXAS CORPORATION) BY SERVING ITS

00010 - 0001 AGT 7 POINT GROUP LLC BY SERVING ITS REGISTERED AGENT ALVIN ROMERO

00009 - 0001 DEF 00791852 E P DISTRIBUTORS INC VETHAN, CHARLES MARCELLUS

00008 - 0001 PLT 24037482 EVERYTHING ENERGY LLC SHELBY, TIMOTHY CONWAY

00007 - 0001 PLT 24037482 PENNYWISE POWER SHELBY, TIMOTHY CONWAY

00006 - 0001 PLT 24037482 CIRRO ENERGY SHELBY, TIMOTHY CONWAY

00005 - 0001 PLT 24037482 COMPASSION ENERGY SHELBY, TIMOTHY CONWAY

00004 - 0001 PLT 24037482 US RETAILERS LLC (D/B/A COMPASSION ENERGY CIRRO ENERGY AND PENNYWISE SHELBY, TIMOTHY CONWAY

00003 - 0001 PLT 24037482 RELIANT ENERGY RETAIL SERVICES LLC SHELBY, TIMOTHY CONWAY

00002 - 0001 DEF 00791852 7 POINT GROUP LLC VETHAN, CHARLES MARCELLUS

00001 - 0001 PLT 24037482 GREEN MOUNTAIN ENERGY COMPANY SHELBY, TIMOTHY CONWAY

INT6510 - Harris County (JWEB) Justice Applications Page 1 of 2

http://civil.jweb.harriscountytx.gov/INT/INT6510.aspx 5/15/2018
<PAGE>

                                                                    Exhibit 32.2

                                  CERTIFICATION

         The undersigned hereby certify that Crown NorthCorp, Inc.'s report on
Form 10-KSB for the quarterly period ended December 31, 2003 fully complies with
the requirements of Section 13(a) or 15(d) of the Exchange Act and the
information contained in the report fairly represents, in all material respects,
the financial condition and results of operation of the company.

Dated: April 14, 2004                    By:     /s/ Ronald E. Roark
                                            ------------------------------------
                                                 Ronald E. Roark, Chairman and
                                                   Chief Executive Officer

                                         By:     /s/ Rick L. Lewis
                                            ------------------------------------
                                                 Rick L. Lewis, Vice President,
                                                 Treasurer and Chief Financial
                                                 Officer

                                         By:     /s/ Stephen W. Brown
                                            ------------------------------------
                                                 Stephen W. Brown, Secretary

   A signed original of this written statement required by Section 906 of the
 Sarbanes-Oxley Act of 2002 has been provided to Crown NorthCorp, Inc. and will
    be retained by Crown NorthCorp, Inc. and furnished to the Securities and
                 Exchange Commission or its staff upon request.
#### In the Matter of the Application for the Appointment of a General Guardian of the Person and Property of Elda M. Pickard, an Infant. Clare A. Pickard, Appellant; Hermes L. Ames, General Guardian, Respondent.

Decree so far as appealed from reversed, without costs of this appeal to either party. Held, that the surrogate had no power to modify the decree. All concurred.
I

104TH CONGRESS

1ST SESSION H. R. 751

To amend section 207 of title 18, United States Code, to increase to 5

years the period during which former Members of Congress may not

engage in certain lobbying activities.

IN THE HOUSE OF REPRESENTATIVES

JANUARY 31, 1995

Mr. ANDREWS introduced the following bill; which was referred to the

Committee on the Judiciary

A BILL

To amend section 207 of title 18, United States Code, to

increase to 5 years the period during which former Members of Congress may not engage in certain lobbying

activities.

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

3 That section 207(e)(1)(A) of title 18, United States Code,

4 is amended by striking ‘‘1 year’’ and inserting ‘‘5 years’’.

Æ
<PAGE>   1
                          INDEPENDENT AUDITORS' REPORT




We consent to the incorporation by reference in Registration Statement No.
33-91368 of RTW, Inc. on form S-8/S-3, Registration Statement No. 33-91372 of
RTW, Inc. on Form S-8, Registration Statement No. 33-98966 of RTW, Inc. on Form
S-8, and Registration Statement No. 333-28585 of RTW, Inc. on Form S-8 of our
reports dated February 9, 2001 (March 28, 2001 as to Note 6), appearing in this
Annual Report on Form 10-K of RTW, Inc. for the year ended December 31, 2000.



/s/  DELOITTE & TOUCHE LLP

Minneapolis, Minnesota
March 28, 2001
223 So.2d 610

#### Otis SMITH v. STATE of Alabama.

3 Div. 415.

Supreme Court of Alabama.

May 29, 1969.

MacDonald Gallion, Atty. Gen., and Richard F. Calhoun, Asst. Atty. Gen., for petitioner.

James D. Straiton, Montgomery, opposed.

Certiorari to Court of Appeals.

BLOODWORTH, Justice.

Petition of the State, by its Attorney General, for certiorari to the Court of Appeals to review and revise the judgment and decision in Smith v. State, 45 Ala.App. 63, 223 So.2d 605.

Writ denied.'

LIVINGSTON, C. J., and SIMPSON and COLEMAN, JJ., concur.
Exhibit 31.1 CERTIFICATION
Pursuant to Rule 13a-14(a) or 15d-14(a) of the Exchange Act,
As Adopted Pursuant to Section 302 of the SARBANES-OXLEY ACT OF 2002 I, Thomas L.
Millner, certify that: 1.
I have
  reviewed this annual report on Form 10-K of Remington Arms Company, Inc.;2.
Based on my
  knowledge, this annual 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 annual
  report;3.
Based on my
  knowledge, the financial statements, and other financial information included
  in this annual 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 annual 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 we
  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 annual 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 annual report based on such evaluation; andc.
Disclosed in
  this annual 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; and5.
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 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; andb.
any fraud,
  whether or not material, that involves management or other employees who have
  a significant role in registrants internal controls over financial
  reporting.  Date: April
  2, 2007

/s/ Thomas L. MillnerThomas L. MillnerPresident and Chief Executive Officer
6293150.1 29209/130276

UNITED STATES DISTRICT COURT 

EASTERN DISTRICT OF MICHIGAN 

SOUTHERN DIVISION 

DARRYL ALEXANDER and EDNA 

ALEXANDER 

Plaintiffs, 

vs. 

DEL MONTE CORPORATION and THE 

KROGER COMPANY, 

Defendants. 

 

Case No. 2:09-CV-12303 

Hon. Patrick J. Duggan 

Magistrate Judge Paul J. Komives 

/

ORDER

At a session of said Court, held in Detroit, 

Michigan, on February 1, 2010. 

PRESENT: HON. PATRICK J. DUGGAN 

 U.S. District Court Judge 

Upon reading the foregoing Stipulation and the Court being otherwise fully advised in the 

premises, 

IT IS HEREBY ORDERED: 

1. That on or before February 1, 2010, counsel for Plaintiffs must produce the jar 

and lid described in Plaintiffs’ Complaint for visual examination by representatives of Crown 

Cork & Seal Company, Inc. No tests shall be performed until the parties mutually agree to a 

testing protocol recommended by said representatives; 

2. Defendants may not engage in any destructive testing and shall share the results 

of any tests with counsel for Plaintiffs; 

2:09-cv-12303-PJD-PJK Doc # 29 Filed 02/01/10 Pg 1 of 2 Pg ID 112
2 

6293150.1 29209/130276

3. Defendants will be responsible for any loss or damage to the subject jar and lid; 

and 

4. Defendants will be responsible for shipping the jar and lid to and from Crown 

Cork & Seal Company, Inc. 

 s/Patrick J. Duggan

 Patrick J. Duggan 

 United States District Judge 

Dated: February 1, 2010 

I hereby certify that a copy of the foregoing document was served upon counsel of record 

on February 2, 2010,by electronic and/or ordinary mail. 

 s/Marilyn Orem

 Case Manager 

2:09-cv-12303-PJD-PJK Doc # 29 Filed 02/01/10 Pg 2 of 2 Pg ID 113
EXHIBIT
        32.1 SARBANES OXLEY SECTION 906
  CERTIFICATIONS
        PURSUANT TO 18 U.S.C. SECTION 1350, AS ADOPTED PURSUANT TO SECTION 906 OF
        THE
        SARBANES-OXLEY ACT OF 2002
   Pursuant
        to 18 U.S.C Section 1350, as adopted pursuant to Section 906 of the
        Sarbanes-Oxley Act of 2002, the undersigned officers of Extreme Home
        Staging,  Inc. (the “Company”)  certifies, pursuant to her knowledge,
        that the Company's Quarterly Report on Form 10-QSB for the quarter
        ended  December 31,  2007 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 that Form 10-QSB fairly presents, in all material
        respects, the financial condition and results of operations of the
        Company.
   Dated:  January
        30,
        2008
  /s/
        Milka
        Fixler
 President
        and Chief Executive Officer
 Chief
        Accounting Officer
 Chief
        Financial Officer
Exhibit 31.1**CERTIFICATION**I, David Weissberg, M.D., certify that:(1) I have reviewed this quarterly report on Form 10-QSB of CytoCore, Inc., formerly known asMolecular Diagnostics, Inc.; (2) Based on my knowledge, this report does not contain any untrue statement of a material factor omit to state a material fact necessary to make the statements made, in light of thecircumstances under which such statements were made, not misleading with respect to the periodcovered by this report; (3) Based on my knowledge, the financial statements, and other financial information included inthis report, fairly present in all material respects the financial condition, results ofoperations and cash flows of the small business issuer as of, and for, the periods presentedin this report; (4) The small business issuer’s other certifying officer and I are responsible for establishingand maintaining disclosure controls and procedures (as defined in Exchange Act Rules 13a-15(e)and 15d-15(e)) for the small business issuer and have: a. designed such disclosure controls and procedures, or caused such disclosure controls andprocedures to be designed under our supervision, to ensure that material information relatingto the small business issuer, including its consolidated subsidiaries, is made known to us byothers within those entities, particularly during the period in which this report is beingprepared; b. evaluated the effectiveness of the small business issuer’s disclosure controls and proceduresand presented in this report our conclusions about the effectiveness of the disclosurecontrols and procedures, as of the end of the period covered by this report based on suchevaluation; and c. disclosed in this report any change in the small business issuer’s internal control overfinancial reporting that occurred during the small business issuer’s most recent fiscalquarter (the small business issuer’s fourth fiscal quarter in the case of an annual report)that has materially affected, or is reasonably likely to materially affect, the small businessissuer’s internal control over financial reporting; and (5) The small business issuer’s other certifying officer and I have disclosed, based on our mostrecent evaluation of internal control over financial reporting, to the small business issuer’sauditors and the audit committee of the small business issuer’s board of directors (or personsperforming the equivalent functions): a. all significant deficiencies and material weaknesses in the design or operation of internalcontrol over financial reporting which are reasonably likely to adversely affect the smallbusiness issuer’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 asignificant role in the small business issuer’s internal control over financial reporting.                                                         /s/ David Weissberg, M.D.   David Weissberg, M.D.   Chairman and Chief ExecutiveOfficer Dated:  August 21, 2006
Exhibit 10.29

      

      

      December 19, 2019

      

      

      Kohlberg Kravis Roberts & Co. L.P. (“KKR”) is pleased to enter into this binding written agreement with you to pay, with respect to the year-ending December
        31, 2019 only, an amount of cash equal to “Total Cash Compensation” as stated in your “2019 Total Value Statement” prepared by KKR and delivered to you earlier this month.

      

      

      Nothing herein is intended to be construed as an employment agreement, and your employment at KKR remains at-will, which means the Firm may remove you as
        executive officer of the Firm or terminate your employment (or both), at any time with or without cause.

      

      

      Please acknowledge your agreement with the foregoing, at which time this will become a binding agreement between you and KKR.

      

      

      KOHLBERG KRAVIS ROBERTS & CO. L.P.

      

      

      	
              By:
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 Annual Report of Yifan
Communications, Inc. (the "Company") on Form 10-KSB for the period
ending December 31, 2004 and 2003 as filed with the Securities and
Exchange Commission on the date hereof (the "Report"), I, Samuel
Yen, certify, pursuant to 18 U.S.C. ss. 1350, as adopted pursuant
to ss. 906 of the Sarbanes-Oxley Act of 2002, that to my
knowledge:

(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/ Samuel Yen
                 ----------------------------
                 Samuel Yen
                 Principal Financial Officer
                 January 17, 2006