alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
<PAGE>

                                                                     Exhibit 3.1


                          AMERICAN REALTY TRUST, INC.

                             ARTICLES OF AMENDMENT

                 Decreasing the Number of Authorized Shares of
                   and Eliminating Series J Preferred Stock


     American Realty Trust, Inc. is desiring to amend its Articles of
Incorporation, as heretofore amended, as more particularly described
hereinafter, hereby certifies as follows:

     1.   The name of the Corporation (the "Corporation") whose Articles of
Incorporation, as heretofore amended (the "Articles of Incorporation") are being
amended hereby is

                          American Realty Trust, Inc.

     2.   Set forth immediately below is the text of the amendments (the
"Amendments") to the Articles of Incorporation being made hereby.

                                      A.

     Section 1 of the Designation (the "Designation") of the authorized number,
     preferences, limitations and relative rights of the Corporation's Series J
     Cumulative Convertible Preferred Stock is hereby amended to read as
     follows:

          1.   Number of Shares. The number of shares which shall constitute the
               -----------------
     Series J Preferred Stock shall be such number as may actually be issued by
     the Corporation, not to exceed a maximum of zero shares.

                                      B.

     The Designation, as amended by item A above, is hereby deleted from the
     Articles of Incorporation.

     Except as hereby amended, the Articles of Incorporation remain and shall
remain in full force and effect.

     3.   The Amendments were adopted by the Corporation's Board of Directors at
a meeting held on June 17, 2000. The Amendments were adopted by the
Corporation's Board of Directors without shareholder action. Shareholder action
was not required to adopt the Amendments.
<PAGE>

     Dated this 19/th/  day of June, 2000.

                                    American Realty Trust, Inc.



                                    By:    /s/ Robert A. Waldman
                                        -----------------------------------
                                        Robert A. Waldman, Secretary
<TABLE> <S> <C>

<PAGE>
<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM THE
CONSOLIDATED STATEMENTS OF INCOME, BALANCE SHEETS AND STATEMENTS OF CASH FLOWS
AND IS QUALIFIED IN ITS ENTIRETY BY REFERENCE TO SUCH FINANCIAL STATEMENTS.
</LEGEND>
<MULTIPLIER> 1,000

<S>                             <C>
<PERIOD-TYPE>                   9-MOS
<FISCAL-YEAR-END>                          DEC-31-2000
<PERIOD-START>                             JAN-01-2000
<PERIOD-END>                               SEP-30-2000
<CASH>                                           3,052
<SECURITIES>                                         0
<RECEIVABLES>                                   17,638
<ALLOWANCES>                                       991
<INVENTORY>                                      4,469
<CURRENT-ASSETS>                                26,050
<PP&E>                                         181,915
<DEPRECIATION>                                  83,588
<TOTAL-ASSETS>                                 235,057
<CURRENT-LIABILITIES>                           16,125
<BONDS>                                        132,237
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                         1,387
<OTHER-SE>                                      75,810
<TOTAL-LIABILITY-AND-EQUITY>                   235,057
<SALES>                                         13,739
<TOTAL-REVENUES>                                76,141
<CGS>                                            9,217
<TOTAL-COSTS>                                   59,057
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                               6,869
<INCOME-PRETAX>                                 10,775
<INCOME-TAX>                                     4,315
<INCOME-CONTINUING>                              6,460
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                  (233)
<CHANGES>                                            0
<NET-INCOME>                                     6,227
<EPS-BASIC>                                       0.45
<EPS-DILUTED>                                     0.45


</TABLE>
**Exhibit32.1**

 

Certification of CEO under Section 1350

 

Icertify that this periodic report containing the issuer’s financial statementsfully complies with the requirements of section 13(a) or 15(d) of theSecurities Exchange Act of 1934 (15 U.S.C. 78m or 78o(d)) and that informationcontained In this periodic report fairly presents in all material respects, thefinancial condition and results of operations of the issuer.

 

 
|   | By:    | /s/  Keith C Robbins                |   |
|--------|--------|-------------------------------------|--------|
|   |   | Keith  C. Robbins                   |
|   |   | President,  Chief Executive Officer |
|   |   | March 24,  2004                |

 

----
1 Carolyn W. Colvin, as of Feb. 14, 2013, has been named as the Acting Commissioner of the Social

Security Administration. Pursuant to Rule 25(d) of the Federal Rules of Civil Procedure, she is automatically

substituted for Michael J. Astrue as the defendant in this suit.

IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF COLORADO

Civil Action No. 11-cv-02742-WYD

JUDY A. COLLINS,

Plaintiff,

vs

CAROLYN W. COLVING, Commissioner of Social Security, 

Defendant.1

FINAL JUDGMENT

Pursuant to and in accordance with the ORDER entered by the Honorable Wiley Y.

Daniel, U.S. District Judge on March 25, 2013, it is hereby

ORDERED that, pursuant to the Court’s Order, the Administrative Law Judge’s findings

and opinion is AFFIRMED, and the case is TERMINATED.

Accordingly, final judgment is hereby entered in accordance with Fed. R. Civ. P. 58, in

favor of the defendant Commissioner and against Plaintiff. 

DATED at Denver, Colorado this 26th day of March, 2013.

FOR THE COURT,

JEFFREY P. COLWELL, Clerk

By: s/ Edward P. Butler 

 Edward P. Butler, Deputy Clerk

Case 1:11-cv-02742-WYD Document 22 Filed 03/26/13 USDC Colorado Page 1 of 1
Exhibit 32.2

CERTIFICATION PURSUANT TO 18 U.S.C. SECTION 1350

The undersigned hereby certifies that the Form
10-K Annual Report of Circus and Eldorado Joint Venture and Silver Legacy Capital Corp. (collectively, the Company) for the year ended December 31, 2008 filed with the Securities and Exchange Commission (the Report)
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 the Report fairly presents, in all material respects, the financial condition and results of operations
of the Company.



|                      |  |     |  |                                                                                                                 
|--------------------- |  | --- |  | ----------------------------------------------------------------------------------------------------------------
|Dated: March 31, 2009 |  | By: |  | /S/ STEPHANIE D. LEPORI                                                                                         
|                      |  |     |  | Stephanie D. Lepori, Chief Financial Officer of Circus andEldorado Joint Venture and Silver Legacy Capital Corp.
IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF COLORADO

Civil Action No. 11-cv-02357-WYD-MEH

CS CAPITAL CORP., d/b/a THE INVOICE BANKERS CORP.,

Plaintiff,

v.

LOCAL SENIOR SERVICES, and

RANDY KALANI FAHILGA,

Defendants.

ORDER

Michael E. Hegarty, United States Magistrate Judge.

Plaintiff/Judgment Creditor’s Ex Parte Motion to Depose JP Morgan Chase Bank, N.A. [filed

May 30, 2014; docket #67] is granted as follows.

Rule 69 governs executions of judgments. Fed. R. Civ. P. 69(a)(2) states:

Obtaining Discovery. In aid of the judgment or execution, the judgment creditor

or a successor in interest whose interest appears of record may obtain discovery

from any person—including the judgment debtor—as provided in these rules or

by the procedure of the state where the court is located.

Here, the Plaintiff/Judgment Creditor seeks to depose a representative of the bank at which the

Defendants purportedly hold accounts. In Colorado, Rule 69 also governs the execution of

judgments and post-judgment proceedings. Colo. R. Civ. P. 69 provides, in pertinent part:

Witnesses. Witnesses may be subpoenaed to appear and testify in accordance with

C.R.C.P. 45.

Depositions. After entry of a final money judgment, the judgment creditor, upon

order of court which may be obtained ex parte, may take the deposition of any person

including the judgment debtor, in the manner provided in these Rules. 

Colo. R. Civ. P. 69(h) & (i). Accordingly, the Court will grant Plaintiff/Judgment Creditor’s motion

Case 1:11-cv-02357-WYD-MEH Document 69 Filed 06/03/14 USDC Colorado Page 1 of 2
2

to serve a subpoena upon a representative of JP Morgan Chase Bank, N.A. for the purpose of

obtaining discovery through a deposition as to the accounts held and loans issued to Defendants

Local Senior Services and Randy Kalani Fahilga.

Dated at Denver, Colorado, this 3rd day of June, 2014.

BY THE COURT:

 

 

Michael E. Hegarty

United States Magistrate Judge

Case 1:11-cv-02357-WYD-MEH Document 69 Filed 06/03/14 USDC Colorado Page 2 of 2
No. 72-822.

#### Renegotiation Board *v.*Bannercraft Clothing Co., Inc., et al.

C. A. D. C. Cir. [Certiorari granted, 410 U. S. 907.] Motion of Sears, Roebuck & Co. for leave to file a brief as *amicus curiae*granted, and motion for leave to postpone oral argument denied.

Mr. Justice Powell took no part in the consideration or decision of these motions.
```

[Federal Register Volume 73, Number 199 (Tuesday, October 14, 2008)]
[Notices]
[Page 60709]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-24330]

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

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

[Docket No. USCG-2008-1004]

Great Lakes Regional Waterways Management Forum

AGENCY: Coast Guard, DHS.

ACTION: Notice of meeting.

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

SUMMARY: The Great Lakes Regional Waterways Management Forum will hold 
a meeting in Cleveland, OH, to discuss various waterways management 
issues. Potential agenda items may include agency updates from the 
Canadian Coast Guard Central and Arctic Region, Army Corps of 
Engineers, Transport Canada Marine Safety and the U.S. Coast Guard, 
Ballast Water Program Updates, Dry Cargo Residue Rulemaking Updates, 
Overview of the Ice Conference and Optimizing our Aids to Navigation 
systems. The meeting will be open to the public. The specific agenda is 
still under development. Additional topics of discussion are solicited 
from the public. Comments must be submitted on or before October 10, 
2008, to be considered at the meeting.

DATES: The meeting will be held on Thursday, October 23, 2008, from 
8:30 a.m. to 12 p.m.

ADDRESSES: The meeting will be held at the Cleveland Downtown Marriott, 
127 Public Square, Cleveland, OH. Any written comments and materials 
should be submitted to Commander (dpw-1), Ninth Coast Guard District, 
1240 E. 9th Street, Room 2069, Cleveland, OH 44199. This notice may be 
viewed online at http://www.regulations.gov, docket USCG-2008-1004.

FOR FURTHER INFORMATION CONTACT: LT Ann Henkelman (dpw-1), Ninth Coast 
Guard District, 1240 E. 9th Street, Room 2069, Cleveland, OH 44199, 
telephone (216) 902-6288. Persons with disabilities requiring 
assistance to attend this meeting should contact LT Henkelman.

SUPPLEMENTARY INFORMATION: The Great Lakes Waterways Management Forum 
identifies and resolves waterways management issues that involve the 
Great Lakes region. The forum is chaired by the Commander, Ninth Coast 
Guard District; the Ontario Regional Director, Transport Canada, Marine 
Safety; the Commander, Army Corps of Engineers Great Lakes and Ohio 
River Division; and the Canadian Coast Guard Director of the Central 
and Arctic Region and meets once a year to assess the Great Lakes 
region, assign priorities to areas of concern, and identify issues for 
resolution.

    Dated: October 2, 2008.
Dave R. Callahan,
Captain, U.S. Coast Guard, Chief of Staff, Ninth Coast Guard District, 
Cleveland, Ohio.
 [FR Doc. E8-24330 Filed 10-10-08; 8:45 am]
BILLING CODE 4910-15-P
```
```

[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[S. 171 Engrossed in Senate (ES)]

  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
110th CONGRESS
  1st Session
                                 S. 171

_______________________________________________________________________

                                 AN ACT

 
 To designate the facility of the United States Postal Service located 
 at 301 Commerce Street in Commerce, Oklahoma, as the ``Mickey Mantle 
                        Post Office Building''.

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

SECTION 1. MICKEY MANTLE POST OFFICE BUILDING.

    (a) Designation.--The facility of the United States Postal Service 
located at 301 Commerce Street in Commerce, Oklahoma, shall be known 
and designated as the ``Mickey Mantle Post Office Building''.
    (b) References.--Any reference in a law, map, regulation, document, 
paper, or other record of the United States to the facility referred to 
in subsection (a) shall be deemed to be a reference to the ``Mickey 
Mantle Post Office Building''.

            Passed the Senate February 17, 2007.

            Attest:

                                                             Secretary.
110th CONGRESS

  1st Session

                                 S. 171

_______________________________________________________________________

                                 AN ACT

 To designate the facility of the United States Postal Service located 
 at 301 Commerce Street in Commerce, Oklahoma, as the ``Mickey Mantle 
                        Post Office Building''.
```
Case 1:11-cv-02251-CMA-MJW Document 7 Filed 09/30/11 USDC Colorado Page 1 of 3
Case 1:11-cv-02251-CMA-MJW Document 7 Filed 09/30/11 USDC Colorado Page 2 of 3
Case 1:11-cv-02251-CMA-MJW Document 7 Filed 09/30/11 USDC Colorado Page 3 of 3
IN THE SUPREME COURT OF PENNSYLVANIA

EASTERN DISTRICT

COMMONWEALTH OF PENNSYLVANIA,

Respondent

v.

LEWIS WRIGHT,

Petitioner :

:

:

:

:

:

:

:

:

:

: No. 69 EAL 2018

Petition for Allowance of Appeal from

the Order of the Superior Court

ORDER

PER CURIAM

AND NOW , this 10th day of July, 2018

, the Petition for Allowance of Appeal is

DENIED

.
| Skip to Content*Release Date: June 7, 2007*Release dates |  Coded tables |  Historical dataCurrent release |  Screen reader |  PDF (450 KB)**F.224 Security Credit** |
|--------------------------------------------------------------------------------------------------------------------------------------------------------------------------|
<PAGE>

                                                                    EXHIBIT 35.1

                          SERVICER COMPLIANCE STATEMENT
                     PURSUANT TO ITEM 1123 OF REGULATION AB

                          FIRST NATIONAL BANK OF OMAHA

                                                            Date: March 27, 2009

     The undersigned, a duly authorized officer of First National Bank of Omaha
(the "Servicer"), pursuant to Item 1123 of Regulation AB, Section 3.05(a) of the
Second Amended and Restated Pooling and Servicing Agreement dated as of October
24, 2002, among First National Funding LLC, as Transferor, First National Bank
of Omaha, as Servicer, and The Bank of New York Trust Company, N.A., as
successor trustee to The Bank of New York, as Trustee, as amended (the "Pooling
and Servicing Agreement")(1) and Section 3.05(a) of the Transfer and Servicing
Agreement, dated as of October 24, 2002, among First National Funding LLC, as
Transferor, First National Bank of Omaha, as Servicer, and First National Master
Note Trust, as Issuer, as amended (the "Transfer and Servicing Agreement"), does
hereby certify that:

     1. A review of the activities of the Servicer from January 1, 2008 through
December 31, 2008 (the "Reporting Period") and of its performance under the
Pooling and Servicing Agreement and the Transfer and Servicing Agreement has
been made under my supervision; and

     2. To the best of my knowledge, based on my review, the Servicer has
fulfilled all of its obligations under the Pooling and Servicing Agreement and
the Transfer and Servicing Agreement, in all material respects throughout the
Reporting Period.

----------
(1)  On December 18, 2008 (the "Certificate Trust Termination Date"), the
     Transferor exercised its option to terminate First Bankcard Master Credit
     Card Trust and the Pooling and Servicing Agreement. On and after the
     Certificate Trust Termination Date, the Receivables are serviced by the
     Servicer as provided in the Transfer and Servicing Agreement.

<PAGE>

     IN WITNESS WHEREOF, I have signed this Servicer Compliance Statement the
day and year first written above.

                                        FIRST NATIONAL BANK OF OMAHA, as
                                        Servicer


                                        By /s/ Timothy D. Hart
                                           -------------------------------------
                                           Timothy D. Hart
                                           Senior Vice President
| Skip to Content*Release Date: December 11, 2008*Release dates |  Coded tables |  Historical dataCurrent release |  Screen reader |  PDF (450 KB)**L.127 Finance Companies1** |
|----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|
```

[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[S. 1402 Introduced in Senate (IS)]

110th CONGRESS
  1st Session
                                S. 1402

   To amend the Investment Advisers Act of 1940, with respect to the 
                exemption to registration requirements.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                              May 15, 2007

 Mr. Grassley introduced the following bill; which was read twice and 
    referred to the Committee on Banking, Housing, and Urban Affairs

_______________________________________________________________________

                                 A BILL

 
   To amend the Investment Advisers Act of 1940, with respect to the 
                exemption to registration requirements.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Hedge Fund Registration Act of 
2007''.

SEC. 2. LIMITATION ON EXEMPTION FROM INVESTMENT ADVISER REGISTRATION 
              REQUIREMENTS.

    Section 203(b)(3) of the Investment Advisers Act of 1940 (15 U.S.C. 
80b-3(b)(3)) is amended to read as follows:
            ``(3) any investment adviser who, during the course of the 
        preceding 12-month period--
                    ``(A) had assets under management of not more than 
                $50,000,000;
                    ``(B) had fewer than 15 clients, except that for 
                purposes of determining such number, no shareholder, 
                partner, or beneficial owner of a business development 
                company, shall be deemed to be a client of the 
                investment adviser, unless such person is a client of 
                the investment adviser separate and apart from their 
                status as a shareholder, partner, or beneficial owner;
                    ``(C) did not manage the assets of more than 15 
                investors, whether individually, in a pooled investment 
                vehicle described in paragraph (1) or (7) of section 
                3(c) of the Investment Company Act of 1940 (15 U.S.C. 
                80a-3(c)), or otherwise; and
                    ``(D) was neither held out generally to the public 
                as an investment adviser nor acted as an investment 
                adviser to any investment company registered under 
                title I, or a company which has elected to be a 
                business development company pursuant to section 54 of 
                title I, and has not withdrawn its election;''.
                                 <all>
```
Exhibit 12
 Sybase, Inc.
Computation of Ratio of Earnings to Fixed Charges
(Dollars in thousands, except for ratios)
(Full year for all periods except for nine months September 30, 2008)
 NinemonthsendedSeptember30, 2008
    
    2007
    
    2006
    
    2005
    
    2004Earnings:Income before income taxes
    
    $
    142,572
    
    
    $
    189,952
    
    
    $
    161,317
    
    
    $
    136,714
    
    
    $
    100,966Add: Fixed charges
    
    
    16,686
    
    
    
    21,969
    
    
    
    21,699
    
    
    
    20,233
    
    
    
    11,988Total Earnings, as defined
    
    
    159,258
    
    
    
    211,921
    
    
    
    183,016
    
    
    
    156,947
    
    
    
    112,954Fixed ChargesInterest Expense
    
    
    7,217
    
    
    
    9,663
    
    
    
    9,516
    
    
    
    8,116
    
    
    
    308Amortization of debt expense
    
    
    1,477
    
    
    
    1,969
    
    
    
    1,969
    
    
    
    1,671
    
    
    
    Estimated interest portion
on rental expense
    
    
    7,992
    
    
    
    10,337
    
    
    
    10,214
    
    
    
    10,446
    
    
    
    11,680Total Fixed Charges
    
    
    16,686
    
    
    
    21,969
    
    
    
    21,699
    
    
    
    20,233
    
    
    
    11,988Ratio of earnings to fixed charges
    
    
    9.5
    
    
    
    9.6
    
    
    
    8.4
    
    
    
    7.8
    
    
    
    9.4
<PAGE>   1

                                                                     EXHIBIT 4.4


                                 January 2, 2000



Walter Kornbluh
Steve Crosson
Interscience Computer Corporation
600 Hampshire Road, Suite 105
Westlake Village, CA  91361

               Re:  Siemens Litigation

Walter and Steve:

               This letter confirms the compromise agreement that Interscience
reached with its litigation counsel, concerning the attorneys fees relating to
Interscience's settlement with Oce.

               Interscience agreed to compensate its attorneys as follows:

               1.     a cash payment of $75,694.45 (constituting a $100,000 cash
                      fee less a $24,305.55 credit based on the attorneys fees
                      compromise from Interscience's settlement with NCR);

               2.     40,000 shares of free trading Interscience stock. All
                      stock should be issued to Dovel & Luner, LLP. (Dovel &
                      Luner is paying out Lawson, Weiss & Danziger and Battaglia
                      Ross Dicus & Wein's interest in cash.)

               As we hope to settle this compensation as soon as possible,
please let us know what you need from us, if anything, to proceed. Thank you
again for your continuous cooperation in this matter.

                                                   Very truly yours,



                                                   Sean Luner


cc:  Steve Wein (via Fax (727) 343-4059)
     Rod De Llano (via Fax (713) 222-8866)