alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
Exhibit 10.16
                                                                   -------------

                       THE KELLY-SPRINGFIELD TIRE COMPANY
                                     (KELLY)

                                       AND

                                 TBC CORPORATION
                                      (TBC)

                               10-YEAR COMMITMENT


         This Commitment,  made this 21st day of March, 1994, by and between THE
KELLY-SPRINGFIELD  TIRE  COMPANY,  a Maryland  corporation  (hereinafter  called
"Kelly"),  and TBC CORPORATION,  a Delaware corporation,  of Memphis,  Tennessee
(hereinafter called "TBC"), WITNESSETH:

         Kelly has been supplying tires to TBC and TBC has been purchasing tires
from Kelly since 1963.

         Kelly and TBC now desire to strengthen  their business  relationship by
pledging  continued  support  to each  other  for the next 10 years as they look
ahead to the 21st century and to new growth and strong  leadership in the custom
brands segment of the replacement tire industry.

         As a long-term reliable supplier, Kelly pledges the following levels of
support to TBC over the next 10 years: The assignment of a tire engineer to work
closely  with TBC's  purchasing  and  engineering  group to provide TBC with the
latest  and most  innovative  technology;  continued  high  levels of  inventory
availability through the joint pursuit of advanced methods to determine the most
accurate and efficient  production and inventory levels required to meet current
and future demand;  and exchange of such marketing  information which will allow
both  companies  to achieve the  highest  levels of service to each other in all
areas of their individual operations.

         As a long-term  reliable  customer,  TBC pledges over the next 10 years
continued  loyalty in its purchases of products  manufactured  by Kelly as these
business  partners  strive to provide  state-of-the-art  tire  products to their
customers,  current and new, both in the United States and abroad, as they carry
the  replacement  tire market into the 21st century and beyond as leaders in the
industry.

         While this commitment is subject to the changing needs of both business
partners and to the changing needs of the  replacement  tire market,  and to the
terms and provisions of the parties' October 1, 1977 Supply Agreement, Kelly and
TBC agree to a long-term  pledge of  cooperation  and teamwork as they strive to
build and grow their own  companies  and the entire  custom brands market in the
replacement tire industry.

                                      THE KELLY-SPRINGFIELD TIRE COMPANY

                                      By     /s/ Lee N. Fiedler
                                         -------------------------------


                                      TBC CORPORATION

                                      By     /s/ Marvin E. Bruce
                                         -------------------------------



                                      -81-


<PAGE>
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 National Healthcare Technology, Inc.
on Form 10-QSB for the period ended June 30, 2004 as filed with the Securities
and Exchange Commission on the date hereof (the "Report"), each of the
undersigned, in the capacities and on the dates indicated below, hereby
certifies pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906
of the Sarbanes-Oxley Act of 2002, that to the best of his 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 operation of the Company.


                                          /s/  Charles Smith
                                          --------------------------------------
                                          Charles Smith, President
                                          Dated: August 19, 2004
**EXHIBIT 32.1**

 

**CERTIFICATIONPURSUANT TO 18 U.S.C. SECTION 1350,AS ADOPTED PURSUANT TOSECTION 906 OF THE SARBANES-OXLEY ACT OF 2002**

 

In connection with the Quarterly Report on Form 10-Qof World Heart Corporation (the “Corporation”) for the quarter ended September 30,2008 as filed with the Securities and Exchange Commission on the date hereof(the “Report”), the undersigned, Jal S. Jassawalla, President and ChiefExecutive Officer of the Corporation, hereby certifies, pursuant to 18 U.S.C. Section 1350,as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, thatto his knowledge:

 

(1) The Report fully complies with therequirements of Section 13(a) or 15(d) of the SecuritiesExchange Act of 1934, as amended, and

 

(2) The information contained in the Reportfairly presents, in all material respects, the financial condition and resultsof operations of the Corporation as of September 30, 2008.

 
| Dated:   November 14, 2008 | /s/ * Jal S. Jassawalla                |
|--------------------------------------|----------------------------------------|
|                                 | Jal S. Jassawalla, President and Chief |
|                                 | Executive Officer                      |
|                                 | (Principal Executive Officer)          |

 

“This certification accompanies the Form 10-Q towhich it relates, is not deemed filed with the Securities and ExchangeCommission and is not to be incorporated by reference into any filing of theCorporation under the Securities Act of 1933, as amended, or the SecuritiesExchange Act of 1934, as amended (whether made before or after the date of the Form 10-Q),irrespective of any general incorporation language contained in such filing.”

 

----
[Federal Register Volume 73, Number 27 (Friday, February 8, 2008)]
[Notices]
[Page 7558]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-2340]


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

FEDERAL DEPOSIT INSURANCE CORPORATION


Notice of Agency Meeting

    Pursuant to the provisions of the ``Government in the Sunshine 
Act'' (5 U.S.C. 552b), notice is hereby given that at 10 a.m. on 
Tuesday, February 12, 2008, the Federal Deposit Insurance Corporation's 
Board of Directors will meet in closed session, pursuant to section 
552b(c)(4), (c)(6), (c)(8), and (9)(A)(ii) of Title 5, United States 
Code, to consider matters relating to the Corporation's supervisory and 
corporate activities.
    The meeting will be held in the Board Room on the sixth floor of 
the FDIC Building located at 550 17th Street, NW., Washington, DC.
    Requests for further information concerning the meeting may be 
directed to Mr. Robert E. Feldman, Executive Secretary of the 
Corporation, at (202) 898-7122.

    Dated: February 5, 2008.

    Federal Deposit Insurance Corporation.
Robert E. Feldman,
Executive Secretary.
 [FR Doc. E8-2340 Filed 2-7-08; 8:45 am]
BILLING CODE 6714-01-P
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 New generation Holdings, Inc. (the
"Company") on Form 10-QSB for the period ending September 30, 2006 as filed with
the Securities and Exchange Commission on the date hereof (the "Report"), I,
Robert Scherne, interim 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, 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; 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/ Robert Scherne
                                                         -----------------------
                                                         Robert Scherne
                                                         Chief Financial Officer

                                                         January __, 2006
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 New Generation Holdings, Inc. (the
"Company") on Form 10-QSB for the period ending March 31, 2006 as filed with the
Securities and Exchange Commission on the date hereof (the "Report"), I, Robert
Scherne, interim 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, 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; 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/ Robert Scherne
                                           ------------------------
                                           Robert Scherne
                                           Interim Chief Financial Officer

                                           September 13, 2006
IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF COLORADO

Criminal Case No. 11-cr-355-MSK

UNITED STATES OF AMERICA,

Plaintiff,

v.

1. WAUNITA WEINGART,

2. JOHN PHILLIP GALLEGOS,

3. ALOIS CRAIG WEINGART.

Defendants. 

 

ORDER TO RESTRICT

 

This matter is before the Court on the Government’s Motion to Restrict

Document. Upon consideration and for good cause shown,

IT IS ORDERED that Document #90, the United States’ Brief in Support of

Motion to Restrict Document, as well as any order revealing the contents of that

document, are hereby restricted until further order by the Court.

IT IS ORDERED that said Document and Order and Brief in Support of Motion to

Restrict Document shall be restricted to a “Level 3" and will be “Viewable by Filer &

Court” only.

IT IS SO ORDERED on this _________ day of July, 2012.

_______________________________

THE HONORABLE MARCIA S. KRIEGER

UNITED STATES DISTRICT COURT

DISTRICT OF COLORADO

Case No. 1:11-cr-00355-MSK Document 97-1 filed 07/03/12 USDC Colorado pg 1 of 1
IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF COLORADO

Chief Judge Wiley Y. Daniel

Civil Action No. 11-cv-01732-WYD-BNB

MITCHELL PINSLY, derivatively on behalf of JANUS CAPITAL GROUP, INC.,

Plaintiff,

v.

STEVEN L. SCHEID, et al.,

Defendants.

and

JANUS CAPITAL GROUP, INC,

Nominal Defendant. _________________________________________________________________

Consolidated with

Civil Action No. 11-cv-02142-WYD-BNB 

CHARLES D. SWANSON, derivatively on behalf of JANUS CAPITAL GROUP, INC., 

Plaintiff, 

v. 

RICHARD M. WEIL, et al.,

Defendants, 

and 

JANUS CAPITAL GROUP, INC, 

Nominal Defendant. 

ORDER

In light of the fact that Case No. 11-cv-01732-WYD-BNB, Pinsley v. Sheid, et al., 

has been dismissed, that case is no longer the lead case and shall hereafter be taken 

Case 1:11-cv-01732-WYD-BNB Document 38 Filed 03/26/12 USDC Colorado Page 1 of 2
-2-

off the caption. All filings shall now be made in Case No. 11-cv-02142-WYD-BNB,

Swanson v. Weil, et al. 

Dated: March 26, 2012

BY THE COURT:

s/ Wiley Y. Daniel 

Wiley Y. Daniel

Chief United States District Judge

Case 1:11-cv-01732-WYD-BNB Document 38 Filed 03/26/12 USDC Colorado Page 2 of 2
3.12 U.S. RESERVE ASSETS

Millions of dollars, end of period

Asset 2002 2003 2004

2005 2006

July Aug. Sept. Oct. Nov. Dec. Jan. Feb.p

1 Total ................................. 79,006 85,938 86,824 74,620 72,243 71,273 70,218 68,773 65,125 65,594r 65,365

2 Gold stock1 ............................ 11,043 11,043 11,045 11,041 11,041 11,041 11,041 11,041 11,043 11,044r 11,044

3 Special drawing rights2,3 ................. 12,166 12,638 13,582 11,206 8,304 8,245 8,224 8,180 8,210 8,302 8,310

4 Reserve position in International Monetary Fund2 ............................ 21,979 22,535 19,479 13,438 13,336 13,245 12,720 12,097 8,036 7,639 7,638

5 Foreign currencies4 ..................... 33,818 39,722 42,718 38,935 39,563 38,742 38,234 37,445 37,839 38,609 38,372

Note: The data presented in this table are available in the monthly statistical release ‘‘U.S.

Reserve Assets; Foreign Official Assets Held at Federal Reserve Banks,’’ on the Board’s

website at www.federalreserve.gov/releases.

1. Gold held ‘‘under earmark’’ at Federal Reserve Banks for foreign and international

accounts is not included in the gold stock of the United States; see table 3.13, line 3. Gold

stock is valued at $42.22 per fine troy ounce.

2. Special drawing rights (SDRs) are valued according to a technique adopted by the

International Monetary Fund (IMF) in July 1974. Values are based on a weighted average of

exchange rates for the currencies of member countries. From July 1974 through December

1980, sixteen currencies were used; since January 1981, five currencies have been used. U.S.

SDR holdings and reserve positions in the IMF have also been valued on this basis since July

1974.

3. Includes allocations of SDRs by the International Monetary Fund on Jan. 1 of the year

indicated, as follows: 1970—$867 million; 1971—$717 million; 1972—$710 million; 1979—

$1,139 million; 1980—$1,152 million; 1981—$1,093 million; plus net transactions in SDRs.

4. Valued at current market exchange rates.

3.13 FOREIGN OFFICIAL ASSETS HELD AT FEDERAL RESERVE BANKS1

Millions of dollars, end of period

Asset 2002 2003 2004

2005 2006

July Aug. Sept. Oct. Nov. Dec. Jan. Feb.p

1 Deposits .............................. 136 162 80 83 81 96 88 82 83 83 82

Held in custody

2 U.S. Treasury securities2 ................. 678,106 845,080 1,041,215 1,070,625 1,075,098 1,056,594 1,060,857 1,073,710 1,069,014 1,080,198 1,105,178

3 Earmarked gold3 ....................... 9,045 8,971 8,967 8,967 8,967 8,967 8,967 8,967 8,967 8,967 8,967

Note: The data presented in this table are available in the monthly statistical release ‘‘U.S.

Reserve Assets; Foreign Official Assets Held at Federal Reserve Banks,’’ on the Board’s

website at www.federalreserve.gov/releases.

1. Excludes deposits and U.S. Treasury securities held for international and regional

organizations.

2. Marketable U.S. Treasury bills, notes, and bonds and nonmarketable U.S. Treasury

securities, in each case measured at face (not market) value.

3. Held in foreign and international accounts and valued at $42.22 per fine troy ounce; not

included in the gold stock of the United States.
IV 

House Calendar No. 187 

110TH CONGRESS 

2D SESSION H. RES. 976 

[Report No. 110–525] 

Providing for consideration of the bill (H.R. 5349) to extend the Protect 

America Act of 2007 for 21 days. 

IN THE HOUSE OF REPRESENTATIVES 

FEBRUARY 12, 2008 

Mr. HASTINGS of Florida, from the Committee on Rules, reported the following resolution; which was referred to the House Calendar and ordered 

to be printed 

RESOLUTION 

Providing for consideration of the bill (H.R. 5349) to extend 

the Protect America Act of 2007 for 21 days. 

1 Resolved, That upon the adoption of this resolution 

2 it shall be in order to consider in the House the bill (H.R. 

3 5349) to extend the Protect America Act of 2007 for 21 

4 days. All points of order against consideration of the bill 

5 are waived except those arising under clause 9 or 10 of 

6 rule XXI. The bill shall be considered as read. All points 

7 of order against provisions of the bill are waived. The preVerDate Aug 31 2005 00:18 Feb 13, 2008 Jkt 069200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\HR976.RH HR976

wwoods2 on PRODPC68 with BILLS
2 

•HRES 976 RH 

1 vious question shall be considered as ordered on the bill 

2 to final passage without intervening motion except: (1) one 

3 hour of debate, with 40 minutes equally divided and con4 trolled by the chairman and ranking minority member of 

5 the Committee on the Judiciary and 20 minutes equally 

6 divided and controlled by the chairman and ranking mi7 nority member of the Permanent Select Committee on In8 telligence; and (2) one motion to recommit. 

9 SEC. 2. During consideration of H.R. 5349 pursuant 

10 to this resolution, notwithstanding the operation of the 

11 previous question, the Chair may postpone further consid12 eration of the bill to such time as may be designated by 

13 the Speaker. 


wwoods2 on PRODPC68 with BILLS

wwoods2 on PRODPC68 with BILLS
House Calendar No. 187 

110TH CONGRESS 

2D SESSION H. RES. 976 

[Report No. 110

–525] 

RESOLUTION 

Providing for consideration of the bill (H.R. 5349) 

21 days. to extend the Protect America Act of 2007 for 

FEBRUARY 12, 2008 

Referred to the House Calendar and ordered to be 

printed 


wwoods2 on PRODPC68 with BILLS
IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF COLORADO

Civil Action No. 11-cv-01756-DME-MJW

MARCUS LELAND FREEMAN,

Plaintiff,

v.

WOOLSTON, Vocational Instructor,

LIKENS, Educational Department,

Defendants.

ORDER DENYING JURY DEMAND 

This matter comes before the Court on Plaintiff Marcus Freeman’s “Demand for 

Jury Trial Pursuant to Rule 38 and 39.” (Doc. 211.) Defendants do not object to 

Freeman’s demand for a jury trial. Nonetheless, the Court DENIES the jury demand as 

untimely.

Rule 38(b), Fed. R. Civ. P., provides in pertinent part that, “[o]n any issue triable

of right by a jury, a party may demand a jury trial by . . . serving the other parties with a 

written demand . . . no later than 14 days after the last pleading directed to the issue is 

served.” “[T]he last pleading directed to the issue” includes a complaint, a third party 

complaint, or an answer to a complaint, third-party complaint, counterclaim, or crossclaim. See United States v. Anderson, 584 F.2d 369, 372 & n.4 (10th Cir. 1978) (noting 

that serving pleadings listed in Fed. R. Civ. P. 7(a) triggers the time to serve a jury 

demand).

Case 1:11-cv-01756-DME-MJW Document 229 Filed 05/21/13 USDC Colorado Page 1 of 3
2

In this case, Defendants served their answer to Freeman’s complaint in 

December 2011. Freeman did not serve and file his jury demand until April 15, 2013, 

well past the fourteen days Rule 38(b) provides. Freeman has, therefore, waived his 

right to a jury. See Fed. R. Civ. P. 38(d); see also Jolivet v. Deland, 966 F.2d 573, 577-

78 (10th Cir. 1992). This matter, therefore, must be tried to the court. See Fed. R. Civ. 

P. 39(b).

The Court does have discretion, pursuant to a motion made under Rule 39(b), to 

permit a jury trial even though there has not been a proper demand for one. See Dill v. 

City of Edmond, 155 F.3d 1193, 1208 (10th Cir. 1998). Even if this Court construed

Freeman’s jury demand to be such a motion, however, the Court would decline to 

exercise its discretion to permit a jury trial under the circumstances presented here. 

Freeman is an inmate currently incarcerated in Pennsylvania and conducting this case

pro se. Freeman’s custodian, the federal Bureau of Prisons (“BOP”), has indicated, in 

the final pretrial order filed in this case, that while the BOP does not object to 

transporting Freeman to Colorado for trial, the BOP may not have sufficient economic 

resources to do so. Under these circumstances, the Court will not exercise its 

discretion to permit a jury trial after Freeman waived his right to one. This denial of a 

jury trial is without prejudice to Freeman raising his request again, should an attorney 

agree to try the case for Freeman. 

For these reasons, then, the Court DENIES Freeman’s jury demand. (Doc. 211.)

Case 1:11-cv-01756-DME-MJW Document 229 Filed 05/21/13 USDC Colorado Page 2 of 3
3

Dated this 21st day of May , 2013.

BY THE COURT:

s/ David M. Ebel

 

U. S. CIRCUIT COURT JUDGE

Case 1:11-cv-01756-DME-MJW Document 229 Filed 05/21/13 USDC Colorado Page 3 of 3
EXHIBIT 32.1

Certification Pursuant to 18 U.S.C. § 1350,

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

In connection with the filing of the Quarterly Report on Form 10-Q for the quarter ended June 30, 2006 as filed with
the Securities and Exchange Commission on the date hereof (the Report) by Beverly Hills Bancorp Inc. (the Company), the undersigned officer of the Company hereby certifies 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, 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 as of and for the period covered
by the Report.
| | -- | ---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------



|                     |  |  |  |                           
|-------------------- |  |  |  | --------------------------
|                     |  |  |  | BEVERLY HILLS BANCORP INC.
|                     |  | 
|Date: August 9, 2006 |  |  |  | /s/    LARRY B. FAIGIN    
|                     |  |  |  | Larry B. Faigin           
|                     |  |  |  | Chief Executive Officer   

The foregoing certification is being furnished to the Securities and Exchange Commission as an exhibit to the Form
10-Q and shall not be considered filed as part of the Form 10-Q.
### THE THIRTEENTH COURT OF APPEALS

13

- 18

- 00465

- CV
Raymond Trent Peterek

v. Melissa Jean Allison

On a ppeal from the County Court at Law of Aransas County , Texas Trial Cause No. A

- 15

- 7029

- FL

JUDGMENT THE THIRTEENTH COURT OF APPEALS, having considered t his cause on appeal, concludes the appeal should be dismissed for want of jurisdiction . The Court orders the appeal DISMISSED FOR WANT OF JURISDICTION in accordance with its opinion. Costs of the appeal are adjudged against appellant, although he is exem pt from payment due to his affidavit of inability to pay costs.
We further order this decision certified below for observance. October 18, 2018
Case 1:11-cr-00361-WYD Document 10 Filed 10/19/11 USDC Colorado Page 1 of 1
Motion Granted; Appeal Dismissed and Memorandum Opinion filed July 9, 

2024.

In The

Fourteenth Court of Appeals

NO. 14-24-00342-CV

TBL GROUP, INC., Appellant

V.

ENHANCED SMALL BUSINESS INVESTMENT COMPANY LP, Appellee

On Appeal from the 234th District Court

Harris County, Texas

Trial Court Cause No. 2024-03658

MEMORANDUM OPINION

This is an appeal from a judgment signed April 25, 2024. On June 17, 2024, 

appellant filed a motion to dismiss the appeal. See Tex. R. App. P. 42.1(a)(1). The 

motion is granted.

We dismiss the appeal.

PER CURIAM

Panel consists of Chief Justice Christopher and Justices Spain and Poissant.