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

**CERTIFICATION      OF PRINCIPAL EXECUTIVE OFFICER**

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

**AS      ADOPTED PURSUANT TO**

**SECTION      906 OF THE SARBANES-OXLEY ACT OF 2002**

|                |                                                                                                            |                                     |
|---------------------|-----------------------------------------------------------------------------------------------------------------|------------------------------------------|
|                |                                                                                                            |                                     |
|                | By:                                                                                                   | /s/              Robert S. Ehrlich  |
|                | Robert                S. Ehrlich Chairman                  and CEO (Chief                    Executive Officer) |
|                |                                                                                                            |
| Date: July 24, 2006 |                                                                                                            |

----
**UN PUBLISHED** 
UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

**No. 16**  **- 4075** 

UNITED STATES OF AMERICA , Plaintiff

- Appellee ,
v. RAYMOND C. ASBERRY , Defendant

- Appellant
.

Appeal from the United States District Court for the District of South Carolina , at Greenville
. Timothy M. Cain , District Judge. ( 6:11

- cr - 02200

- TMC

- 1 )

Submitted : July 28, 2016 Decided: August 1, 2016

Before MOTZ and HARRIS , Circuit Judges , and DAVIS, Senior Circuit Judge
.
Affirmed by un published per curiam opinion
.
Lora Blanchard, Assistant Federal Public Defender , Greenville, South Carolina, for Appellant. William Jacob Watkins, Jr., OFFICE OF THE UNITED STATES ATTORNEY, Greenville, South Carolina, for Appellee.
Unpublished opinio ns are not binding precedent in this circuit.2 PER CURIAM: Raymond C. Asberry appeals the fourteen

- month sentence imposed by the district court upon revocation of Asberry’ s supervised release. On appeal, Asberry’s c ounsel has filed a brief pursuant to And ers v. California , 386 U.S. 738 (1967), certifying that there are no meritorious grounds for appeal but questioning whether the district court adequately explained Asberry’s revocation sentence . Although notified of his right to do so, Asberry has not fil ed a pro se supplemental brief. Our review of the record reveals no error in the district court’s explanation of Asberry’s sentence. See United States v. Webb , 738 F.3d 638, 640 (4th Cir. 2013) ; United States v. Thompson , 595 F.3d 544, 547 (4th Cir. 2010)
. In accordance with Anders , we have reviewed the entire record in this case and have found no meritorious issues for appeal. We therefore affirm the district court’s revocation judgment
. This c ourt requires that counsel inform Asberry , in writing, of the right to petition the Supreme Court of the United States for further review. If Asberry requests that a petition be filed, but counsel believes that such a petition would be frivolous, then counsel may move in this c ourt for leave to withdraw from representation. Counsel’s motion must state that a copy thereof was served on Asberry . We dispense with oral argument because the facts and legal contentions are3 adequately presented in the materials before this court and argument would not aid the decis ional process.

AFFIRMED
##### 



PHELPS DODGE CORPORATION AND SUBSIDIARIES Exhibit 12 COMPUTATION OF TOTAL DEBT TO TOTAL CAPITALIZATION

($ in millions) September 30,
    
    December 31,2004
    
    2003Short-term debt
    
    $
    35.8
    
    
    
    50.5Current portion of long-term debt
    
    
    294.1
    
    
    
    204.6Long-term debt
    
    
    1,304.8
    
    
    
    1,703.9Total debt
    
    
    1,634.7
    
    
    
    1,959.0Minority interests in consolidated subsidiaries
    
    
    501.2
    
    
    
    70.2Shareholders equity
    
    
    4,016.5
    
    
    
    3,063.8Total capitalization
    
    $
    6,152.4
    
    
    
    5,093.0Ratio of total debt to total capitalization
    
    
    26.6
    %
    
    
    38.5
    %
**EXHIBIT 32.2**
 

 
CERTIFICATION OF PERIODIC REPORTI, David M. Gandossi, Chief Financial Officer of Mercer International Inc. (the “Company”), certifypursuant to Section 906 of the*Sarbanes-Oxley Act of2002*, 18 U.S.C. Section 1350, that: (1) the Quarterly Report on Form 10-Q of the Company for the quarterly period endedSeptember 30, 2005 (the “Report”) fully complies with the requirements of Section 13(a) ofthe *Securities Exchange Act of 1934*(15 U.S.C. 78m or 78o(d)); and  (2) the information contained in the Report fairly presents, in all material respects, thefinancial condition and results of operations of the Company.          Dated:November 8, 2005           /s/ David M. Gandossi         David M. Gandossi    Chief Financial Officer  A signed original of this written statement required by Section 906 has been provided to MercerInternational Inc. and will be retained by Mercer International Inc. and furnished to theSecurities and Exchange Commission or its staff upon request.
EXHIBIT
23.1





CONSENT OF INDEPENDENT
REGISTERED PUBLIC ACCOUNTING FIRM





We hereby
consent to the incorporation by reference in the Registration Statements on Form
S 8 (File No. 333-149190), Form S-3 (File No. 333-159888), and Form S-3/A (No.
333-153579) of BreitBurn Energy Partners L.P. of our report dated March 11, 2010
relating to the consolidated financial statements and the effectiveness of
internal control over financial reporting, which appears in this Form 10
K.




/s/ PricewaterhouseCoopers
    LLP


PricewaterhouseCoopers
LLP


Los
Angeles, California


March 11,
2010
November 8, 2000

Dawn R. Johnston

Chief Financial Officer

Chyron Corporation

5 Hub Drive

Melville, New York 11747

Dear Ms. Johnston:

Reference is made to the Loan Agreement dated March 29, 1999, among Chyron Corporation ("Chyron") and AmSouth Bank (the "Bank").  Capitalized terms used and not otherwise defined herein shall have the meanings ascribed to them in the Loan Agreement.

(I) The Bank has agreed to amend the provisions of Section 6.1(a) of the Loan Agreement as        follows;

		**Period			**Minimum Quarterly EBITDA
		Q3 2000		              $119,000

		Q4 2000		          ($1,600,000)

Q1 2001 testing and thereafter will remain in effect per the Credit Agreement.

and add Section 6.1 (c) as follows;
**Minimum Cash on the Balance Sheet .   Borrower must maintain a "Cash" position of $3,000,000 on the balance sheet at all times, where Cash is defined according to GAAP regulations.

		

(II) As it relates to the sale of the RT-Set stock through December 31, 2000 only, the Bank has agreed to waive their rights with regard to Section 7.2 of the Loan Agreement.  Chyron is able to retain the proceeds from the sale of the stock through FYE 2000. 

 

(III) The Bank has agreed to amend the provisions of Section 7.3 of the Loan Agreement as follows;

Section 7.3(iv) will become Section 7.3(v) and the new Section 7.3(iv) will read as             follows; 

(iv) investments per **Schedule 1** of the Chyron Amendment & Waiver document dated November 2000;

	       (Chyron Corporation Cash Investment Policy)	

 

 

This will confirm the Bank's consent to the terms and conditions as set forth above.  Nothing in this letter shall constitute a waiver of any future Default or Event of Default under the Agreement (including any default in payment of principal resulting from restrictions on availability of Revolving Credit Loans) or a waiver of any right or remedy the Bank may have with respect to any such future Default or Event of Default.

If the foregoing is in accordance with your understanding of our agreement please so indicate by executing this letter in the space provided below and returning a copy to the Agent.

Very truly yours,
AMSOUTH BANK 
By:   /s/ Barry S. Renow
Barry S. Renow 
Its: Attorney-In-Fact  
Acknowledged and Agreed: 
CHYRON CORPORATION 
By: Dawn Johnston
Dawn Johnston 
Its: CFO
 ******
SONS-EX 10.9 2014.03.28




Exhibit 10.9
Sonus Networks, Inc.
4 Technology Park Drive
Westford, MA  01886


February 15, 2013
Mr. Jeffrey M. Snider
By electronic delivery
 


Dear Jeff:
 
In recognition of your contributions to the Company and to give you piece of mind during this time of consolidation in our industry, this letter amends the terms of your employment letter, dated May 29, 2009 (the “Agreement”), to provide you with additional terms relating to your eligibility for severance.  


If the Company terminates your employment without Cause or you terminate your employment with Good Reason and, in either case, such termination occurs within 12 months after a Change in Control, Sections 11(a) and 11(b) of the Agreement shall be replaced with the following Sections 11(a) and 11(b) and the Company will provide you with the following severance and post-termination benefits: 


		
	a.
	The Company will pay you a single lump sum equal to (i) eighteen (18) months of your then-current base salary and (ii) your then-current target annual bonus at 150% of target, less applicable state and federal withholdings. 


		
	b.
	The Company will continue to pay the Company’s share of medical, dental and vision insurance premiums for you and your dependents for the eighteen (18) month period following the termination of your employment; provided, that if immediately prior to the termination of your employment you were required to contribute towards the cost of premiums as a condition of receiving such insurance, you may be required to continue contributing towards the cost of such premiums under the same terms and conditions as applied to you and your dependents immediately prior to the termination of your employment in order to receive such continued insurance coverage. 


Additionally, the parties hereto agree to clarify that all references to the defined term “Restricted Shares” in Sections 6(c) and 11(e) of the Agreement shall be replaced with the phrase “restricted shares”, such that all unvested restricted shares granted to Mr. Snider will be entitled to accelerated vesting pursuant to the terms set forth in Sections 6(c) and 11(e) of the Agreement, as opposed to applying solely to the specific awards described in the Agreement. 
This letter agreement will be considered effective the date of your acceptance of the terms hereof.  Except as modified by the terms of this letter, the terms of the Agreement will remain in full force and effect, including, without limitation, the second full paragraph of  Section 11.  Capitalized terms not defined in this letter have the same definitions given to them in the Agreement.
 
Very truly yours,


	
					
	/s/ Raymond P. Dolan
	 
	 
	 
	 

	Raymond P. Dolan
	 
	 
	 
	 

	President and Chief Executive Officer
	 
	 
	 
	 

	 
	 
	 
	 
	 

	ACCEPTED:
	 
	 
	 
	 

	 


	 
	 
	 
	 

	/s/ Jeffrey M. Snider
	 
	2/15/2013
	 
	 

	Jeffrey M. Snider
	 
	Date
	 
	 









/s/ Raymond P. Dolan
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 Commercial Property Corporation
(the "Registrant") on Form 10-QSB for the period ending January 31, 2004, as
filed with the Securities and Exchange Commission on the date hereof (the
"Quarterly Report"), We, David C. Merrell, President and Corie Merrell of the
Registrant, 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 Quarterly 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 Quarterly Report fairly presents,
in all material respects, the financial condition and result of operations of
the Registrant.

Date: 9/14/2004                            /s/David C. Merrell
     ----------                            ---------------------
                                           David C. Merrell
                                           President and director

Date: 9/14/2004                            /s/Corie Merrell
     ----------                            ----------------------
                                           Corie Merrell
                                           Secretary/Treasurer and
                                           director
EX-4.1





 Exhibit 4.1 
  





 
 CUSIP 45332Y 10 9 
SEE REVERSE FOR CERTAIN
DEFINITIONS AND LEGENDS 
INCORPORATED UNDER THE LAWS OF THE STATE 
OF DELAWARE

This certifies that 
is the record holder of 
FULLY PAID AND NONASSESSABLE SHARES OF COMMON STOCK, $0.001 PAR VALUE PER SHARE, OF 
INARI
MEDICAL, INC. 
transferable on the books of the Corporation in person or by duly authorized attorney upon surrender of this Certificate properly endorsed. This
Certificate is not valid until countersigned by the Transfer Agent and registered by the Registrar. 
WITNESS the facsimile seal of the Corporation and the facsimile
signatures of its duly authorized officers. Dated: 
COUNTERSIGNED AND REGISTERED: 
AMERICAN STOCK TRANSFER TRUST & COMPANY, LLC 
(NEW YORK, NY) TRANSFER AGENT AND REGISTRAR

BY: AUTHORIZED SIGNATURE 
PRESIDENT 
SECRETARY 












 



 
 The Corporation shall furnish without charge to each stockholder who so requests a statement of the powers, designations, preferences
and relative, participating, optional or other special rights of each class of stock of the Corporation or series thereof and the qualifications, limitations or restrictions of such preferences and/or rights. Such requests shall be made to the
Corporation’s Secretary at the principal office of the Corporation. 
KEEP THIS CERTIFICATE IN A SAFE PLACE. IF IT IS LOST, STOLEN, OR DESTROYED THE CORPORATION
WILL REQUIRE A BOND INDEMNITY AS A CONDITION TO THE ISSUANCE OF A REPLACEMENT CERTIFICATE. 
The following abbreviations, when used in the inscription on the face of
this certificate, shall be construed as though they were written out in full according to applicable laws or regulations: 
TEN COM – as tenants in common TEN
ENT – as tenants by the entireties JT TEN – as joint tenants with right of survivorship and not as tenants in common COM PROP – as community property

UNIF GIFT MIN ACT – Custodian 
(Cust) (Minor) under Uniform Gifts to
Minors 
Act (State) 
UNIF TRF MIN ACT – Custodian (until age ) 
(Cust) 
(Minor) under Uniform Transfers to Minors Act (State) 
Additional abbreviations may also be used though not in the above list. 
FOR VALUE RECEIVED,
hereby sell(s), assign(s) and transfer(s) unto 
PLEASE INSERT SOCIAL SECURITY OR OTHER IDENTIFYING NUMBER OF ASSIGNEE 
(PLEASE PRINT OR TYPEWRITE NAME AND ADDRESS, INCLUDING ZIP CODE, OF ASSIGNEE) 
Shares of the
capital stock represented by within Certificate, and do hereby irrevocably constitute and appoint

attorney-in-fact to transfer the said stock on the books of the within named
Corporation with full power of the substitution in the premises. 
Dated

Signature(s) Guaranteed: 
NOTICE: THE SIGNATURE TO THIS ASSIGNMENT MUST
CORRESPOND WITH THE NAME AS WRITTEN UPON THE FACE OF THE CERTIFICATE IN EVERY PARTICULAR, WITHOUT ALTERATION OR ENLARGEMENT OR ANY CHANGE WHATSOEVER. 
By THE
SIGNATURE(S) SHOULD BE GUARANTEED BY AN ELIGIBLE GUARANTOR INSTITUTION, (BANKS, STOCKBROKERS, SAVINGS AND LOAN ASSOCIATIONS AND CREDIT UNIONS WITH MEMBERSHIP IN AN APPROVED SIGNATURE GUARANTEE MEDALLION PROGRAM), PURSUANT TO S.E.C. RULE 17Ad-15. GUARANTEES BY A NOTARY PUBLIC ARE NOT ACCEPTABLE. SIGNATURE GUARANTEES MUST NOT BE DATED.
In the United States Court of Federal Claims 

OFFICE OF SPECIAL MASTERS

No. 17-1265V 

Filed: July 17, 2018

UNPUBLISHED

SARAH STONE, 

 Petitioner,

v.

SECRETARY OF HEALTH AND 

HUMAN SERVICES,

 Respondent.

Special Processing Unit (SPU); 

Ruling on Entitlement; Concession;

Table Injury; Influenza (Flu) Vaccine;

Shoulder Injury Related to Vaccine 

Administration (SIRVA)

Danielle Strait, Maglio Christopher & Toale, PA, Seattle, WA, for petitioner.

Mallori Browne Openchowski, U.S. Department of Justice, Washington, DC, for 

respondent.

RULING ON ENTITLEMENT1

Dorsey, Chief Special Master:

On September 15, 2017, petitioner filed a petition for compensation under the 

National Vaccine Injury Compensation Program, 42 U.S.C. §300aa-10, et seq.,

2 (the 

“Vaccine Act”). Petitioner alleges that she suffered a Shoulder Injury Related to 

Vaccine Administration (“SIRVA”) in her left shoulder as a result of an influenza 

vaccination on October 26, 2015. Petition at 1-2. The case was assigned to the 

Special Processing Unit of the Office of Special Masters.

On July 17, 2018, respondent filed his Rule 4(c) report in which he concedes that 

petitioner is entitled to compensation in this case. Respondent’s Rule 4(c) Report at 1. 

Specifically, respondent agrees that “petitioner’s alleged injury is consistent with a 

 

1 Because this unpublished ruling contains a reasoned explanation for the action in this case, the 

undersigned intends to post it on the United States Court of Federal Claims' website, in accordance with 

the E-Government Act of 2002. 44 U.S.C. § 3501 note (2012) (Federal Management and Promotion of 

Electronic Government Services). In accordance with Vaccine Rule 18(b), petitioner has 14 days to 

identify and move to redact medical or other information, the disclosure of which would constitute an 

unwarranted invasion of privacy. If, upon review, the undersigned agrees that the identified material fits 

within this definition, the undersigned will redact such material from public access.

2 National Childhood Vaccine Injury Act of 1986, Pub. L. No. 99-660, 100 Stat. 3755. Hereinafter, for 

ease of citation, all “§” references to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C. 

§ 300aa (2012).
shoulder injury related to vaccine administration as defined on the Vaccine Injury 

Table.” Id. at 5. Respondent further agrees that “petitioner suffered residual effects of 

her condition for more than six months . . . . [and] has satisfied all legal prerequisites for 

compensation under the Act.” Id.

In view of respondent’s position and the evidence of record, the 

undersigned finds that petitioner is entitled to compensation.

IT IS SO ORDERED.

 s/Nora Beth Dorsey

Nora Beth Dorsey

 Chief Special Master
Back to Contents

**EXHIBIT 32.1**

**CERTIFICATION OF CHIEF EXECUTIVE OFFICER PURSUANT TO18 U.S.C. SECTION 1350, AS ADOPTED PURSUANT TOSECTION 906 OF THE SARBANES-OXLEY ACT OF 2002**

In connection with the Quarterly Report of Applera Corporation (the “Company”) on Form 10-Q for the fiscal quarter ended December 31, 2004, as filed with the Securities and Exchange Commission on the date hereof (the “Report”), I, Tony L. White, Chief Executive Officer of the Company, certify, pursuant to 18 U.S.C. § 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 results of operations of the Company.

/s/ Tony L. White          Chief Executive Officer

Date:  February 7, 2005

 

----
## NUMBER 13
- 22
- 00 016
- CV

COURT OF APPEALS

THIRTEENTH DISTRICT OF TEXAS

CORPUS CHRISTI

– EDINBURG

IN THE INTEREST OF G.M.K., A CHILD

On appeal from the 2 67 th District Court of Victoria County, Texas.



## ORDER O F ABATEMENT

Before Justices Longoria , Hinojosa , and Silva Order Per Curiam
Appellant, J.W.K. , attempts to appeal an order in suit to modify the parent

- child
relationship. On November 23, 2021, appellant filed his request for findings of facts and

conclusions of law , followed by a notice of past due findings of fact and conclusions of
law on December 22, 2021. The trial court entered findings of fact on January 11, 2022;
however, the trial court did not include any conclusions of law. On March 10, 2022,
appellant fil ed a motion to reverse and remand this matter for failure to file conclusions of2 law , or, in the alternative, to abate the appeal with instruction to the trial court to file its

conclusions of law.
Appellant’s motion to reverse and remand is DENIED; how ever, appellant’s motion

to abate is GRANTED and the cause is remanded to the trial court

. On remand, t he trial

court shall issue conclusions of law pursuant to appellant’s request. Further, after a review
of the record, this Court became aware that the tr ial court’s final order does not contain
the date on which the order was signed. The trial court should further correct the
deficiency on the final order. The conclusions of law and corrected final order should be

forwarded to the Clerk of this Court in a supplemental record within thirty days from the

date of this order.

PER CURIAM

Delivered and filed on the 15th day of March , 20 2 2.
#### Patricia VAIRETTA, Plaintiff-Appellant, v. William A. HALTER, Commissioner of Social Security, DefendantAppellee.

No. 01-3565.

United States Court of Appeals, Sixth Circuit.

Nov. 5, 2002.

*285Before NORRIS and CLAY, Circuit Judges; and O’MEARA, District Judge.*

*

 The Honorable John Corbett O’Meara, United States District Judge for the Eastern District of Michigan, sitting by designation.

CLAY, Circuit Judge.

Plaintiff, Patricia Vairetta (“Vairetta”), appeals from the order entering judgment in favor of Defendant, William A. Halter, the Commissioner of Social Security (“the Commissioner”), in her action challenging the rate that the Commissioner used to offset her disability insurance benefits by her Ohio worker’s compensation benefits.

Commencing in April of 1986, Vairetta received various benefits, including Period of Disability, Disability Insurance Benefits, and Supplemental Security Income. Vairetta was already receiving temporary Total Disability Benefits of $130 per week under the Ohio Workers’ Compensation program. Vairetta’s federal benefits were subject to workers’ compensation offset under 42 U.S.C. § 424a(a).

In May of 1989, Vairetta entered into a lump sum settlement (LSS) with the Ohio Bureau of Workers’ Compensation for the net amount of $18,000. The Commissioner of Social Security then determined that the $130 per week rate previously in effect as the offset amount would continue to be used as the offset rate for the LLS. Accordingly, the Commissioner applied the $130 per week rate until the entire $18,000 was offset in July of 1992. Vairetta argued before an Administrative Law Judge (ALJ) that the Commissioner should have reduced her federal benefits over the course of her prorated life expectancy (approximately thirty-three years), thus at a much lower rate than $130 per week. After the ALJ held against her, Vairetta made the same argument when the ALJ’s findings were reviewed by a magistrate judge.

The magistrate judge issued a memorandum and order in the Commissioner’s favor. Since the statute and regulations were silent or ambiguous as to the LSS offset rate, the magistrate judge agreed with the Commissioner that his Program Operations Manual System (“POMS”), DI 52001.555(c)(4), provided persuasive authority and should be looked to for guidance. Abiding by the POMS, the magistrate judge found that it was reasonable for the Commissioner to use of the $130 per week offset rate.

Following our thorough review of the record, all applicable law, the parties’ briefs, and oral argument by counsel, we conclude that the district court’s orders contain no reversible error. Since issuing a full opinion would serve no jurisprudential purpose, we AFFIRM the district court’s order on the basis of the district court’s memorandum opinion.