alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### J. L. JOHNSON, Appellant, v. COMMONWEALTH of Kentucky, Appellee.

Court of Appeals of Kentucky.

April 20, 1973.

Grant F. Knuckles, Pineville, for appellant.

Ed W. Hancock, Atty. Gen., Guy C. Shearer, Asst. Atty. Gen., Farmer Helton, Pineville, for appellee.

Memorandum Opinion by

Commissioner CATINNA,

Affirming*
<TABLE> <S> <C>

<ARTICLE>                     5
<LEGEND>
THIS SCHEDULE  CONTAINS SUMMARY FINANCIAL  INFORMATION  EXTRACTED FROM FORM 10-Q
FOR THE  QUARTER  ENDING  MARCH 31,  2000 AND IS  QUALIFIED  IN ITS  ENTIRETY BY
REFRENCE TO SUCH FORM 10-Q.
</LEGEND>


<S>                             <C>
<PERIOD-TYPE>                   3-mos
<FISCAL-YEAR-END>                         DEC-31-2000
<PERIOD-START>                            JAN-01-2000
<PERIOD-END>                              MAR-31-2000
<CASH>                                      1,179,531
<SECURITIES>                                        0
<RECEIVABLES>                               1,852,221
<ALLOWANCES>                                  429,000
<INVENTORY>                                 3,917,614
<CURRENT-ASSETS>                            7,949,007
<PP&E>                                     15,404,079
<DEPRECIATION>                              4,815,571
<TOTAL-ASSETS>                             20,157,268
<CURRENT-LIABILITIES>                       7,850,670
<BONDS>                                     4,867,937
<PREFERRED-MANDATORY>                               0
<PREFERRED>                                         0
<COMMON>                                    9,082,382
<OTHER-SE>                                 (2,281,729)
<TOTAL-LIABILITY-AND-EQUITY>               20,157,268
<SALES>                                    15,088,373
<TOTAL-REVENUES>                           15,088,373
<CGS>                                       6,256,330
<TOTAL-COSTS>                              14,774,295
<OTHER-EXPENSES>                               17,853
<LOSS-PROVISION>                                    0
<INTEREST-EXPENSE>                            154,132
<INCOME-PRETAX>                               142,093
<INCOME-TAX>                                   56,538
<INCOME-CONTINUING>                            85,555
<DISCONTINUED>                                      0
<EXTRAORDINARY>                                     0
<CHANGES>                                           0
<NET-INCOME>                                   85,555
<EPS-BASIC>                                       .01
<EPS-DILUTED>                                     .01



</TABLE>
Exhibit 32.1

CERTIFICATION FURNISHED 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 on Form 10-K of Techwell, Inc. (the "Company") for the annual period
ended December 31, 2009 as filed with the Securities and Exchange Commission on the date hereof (the "Report"), Fumihiro Kozato, Chief Executive Officer of the Company hereby certifies,
pursuant to 18 U.S.C. § 1350, as adopted pursuant to § 906 of the Sarbanes-Oxley Act of 2002, to the best of his knowledge, that:



/s/ FUMIHIRO KOZATO Fumihiro Kozato President and Chief Executive OfficerMarch 23, 2010


---
<PAGE>

                                 UNITED STATES
                      SECURITIES AND EXCHANGE COMMISSION

                            Washington, D.C.  20549

                                   FORM 8-K

                                CURRENT REPORT


                      Pursuant to Section 13 or 15(d) of
                      The Securities Exchange Act of 1934


    Date of Report (Date of earliest event reported)          August 10, 2000
                                                              ---------------

                     FIRST USA BANK, NATIONAL ASSOCIATION
               (As Successor to First National Bank of Commerce)
--------------------------------------------------------------------------------
            (Exact name of registrant as specified in its charter)

         (As Servicer on behalf of FIRST NBC CREDIT CARD MASTER TRUST)

                                 United States
                                 -------------
                (State or other jurisdiction of incorporation)

          333-24023                                     51-0269396
      ------------------                                ----------
   (Commission File Number)              (IRS Employer Identification Number)




   201 North Walnut Street, Wilmington, Delaware                        19801
   --------------------------------------------------------------------------
  (Address of principal executive offices)                          (Zip Code)


               (302) 594-4117
----------------------------------------------------
Registrant's telephone number, including area code


                                      N/A
--------------------------------------------------------------------------------
(Former name, former address and former fiscal year, if changed since last
report)
<PAGE>

Item 7.    Financial Statements and Exhibits

           (c)   Exhibits.


        Exhibit No.        Document Description
        -----------        --------------------

         (20.1)            Monthly Servicer's Certificate, Series 1997-1

         (20.2)            Monthly Holders' Statement, Series 1997-1
<PAGE>

                                   SIGNATURE

     Pursuant to the requirements of the Securities Exchange Act of 1934, the
registrant has duly caused this report to be signed on its behalf by the
undersigned thereunto duly authorized.


                         First USA Bank, National Association, as Servicer, on
                         behalf of FIRST NBC CREDIT CARD MASTER TRUST,




                         By:       /s/ Tracie H. Klein
                                --------------------------
                         Name:  Tracie H. Klein
                         Title: First Vice President



Date:  August 15, 2000
       ---------------
<PAGE>

                               INDEX TO EXHIBITS


Exhibit No.   Document Description                           Sequential Page No.
-----------   --------------------                           -------------------

    20.1      Monthly Servicer's Certificate, Series 1997-1          5

    20.2      Monthly Holders' Statement, Series 1997-1             10
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 Reliv' International, Inc. (the
"Company") on Form 10-Q for the period ending September 30, 2003 as filed with
the Securities and Exchange Commission on the date hereof (the "Report"), I,
David G. Kreher, Chief Financial Officer of the Company, certify, pursuant to 18
U.S.C. ss. 1350, as adopted pursuant to ss. 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 result of operations
            of the Company.

                                        RELIV' INTERNATIONAL, INC.


                                    By:           /s/ David G. Kreher
                                        ----------------------------------------
                                        David G. Kreher, Chief Financial Officer
<TABLE> <S> <C>

<ARTICLE> BD
       
<S>                             <C>                     <C>
<PERIOD-TYPE>                   6-MOS                   6-MOS
<FISCAL-YEAR-END>                          JUL-31-1996             JUL-31-1995
<PERIOD-START>                             JUL-31-1996             JUL-31-1995
<PERIOD-END>                               APR-30-1997             APR-30-1996
<CASH>                                       2,264,606               2,198,520
<RECEIVABLES>                                  (2,675)                 250,897
<SECURITIES-RESALE>                                  0                       0
<SECURITIES-BORROWED>                                0                       0
<INSTRUMENTS-OWNED>                         13,340,089              13,620,157
<PP&E>                                               0                       0
<TOTAL-ASSETS>                              15,602,020              16,069,574
<SHORT-TERM>                                         0                       0
<PAYABLES>                                     134,656                 128,612
<REPOS-SOLD>                                         0                       0
<SECURITIES-LOANED>                                  0                       0
<INSTRUMENTS-SOLD>                                   0                       0
<LONG-TERM>                                          0                       0
<PREFERRED-MANDATORY>                                0                       0
<PREFERRED>                                          0                       0
<COMMON>                                    15,467,364              15,940,962
<OTHER-SE>                                           0                       0
<TOTAL-LIABILITY-AND-EQUITY>                15,602,020              16,069,574
<TRADING-REVENUE>                              775,836                  10,967
<INTEREST-DIVIDENDS>                           755,849                 646,455
<COMMISSIONS>                                (500,951)               (598,283)
<INVESTMENT-BANKING-REVENUES>                        0                       0
<FEE-REVENUE>                                        0                       0
<INTEREST-EXPENSE>                                   0                       0
<COMPENSATION>                                (50,675)                (33,662)
<INCOME-PRETAX>                                980,059                  25,477
<INCOME-PRE-EXTRAORDINARY>                           0                       0
<EXTRAORDINARY>                                      0                       0
<CHANGES>                                            0                       0
<NET-INCOME>                                   980,059                  25,477
<EPS-PRIMARY>                                        0                       0
<EPS-DILUTED>                                        0                       0
        

</TABLE>
Converted by EDGARwiz


Exhibit 4.11
















CONSENT OF SIMON HÉBERT







Reference is made to the Annual Report on Form 40-F for the year ended February 28, 2014 (the “Annual Report”) of Virginia Mines Inc. (the “Company”), filed with the U.S. Securities and Exchange Commission.




I, Simon Hébert, participated in the preparation of the technical report entitled “Technical Report and Recommendations, Reconnaissance and Trenching Program, Ashuanipi Project, Québec” completed in January 2014 (the “Report”), concerning mineralized material in the Ashuanipi property for the Company. Portions of the Report are summarized under headings “Item III – Description of the Business – 3.4.4 Geological Setting; 3.4.5 Exploration and Drilling; and 3.4.6 Mineralization” in the Annual Information Form of the Company for the year ended February 28, 2014 (included as Exhibit 1 of the Annual Report, which Exhibit is incorporated by reference herein).

I hereby consent to the inclusion of the foregoing written disclosure and to the references to such disclosure and to my name under the foregoing heading and to all other references to such disclosure and to my name included or incorporated by reference in the Annual Report.







Very truly yours,














				
	 
	/S/

Simon Hébert

	 
	 

	 
	Name:

Simon Hébert

Geologist in training

	 
	 












May 15, 2014
SHLDEX104Q12014








EXHIBIT 10.4


SEARS HOLDINGS CORPORATION 

CASH AWARD – ADDENDUM TO 
RESTRICTED STOCK AWARDS 


Month Day, Year
                
FName MI. LName 
Title


As of April 4, 2014 (the “Distribution”), Sears Holdings Corporation (the “Company”) distributed, for each whole share of Sears Holdings common stock outstanding as of the close of business on March 24, 2014 (i.e., the “Record Date” for the Distribution), to the holder 0.300795 common shares of Lands’ End, Inc. (the “Lands’ End Shares”).
Pursuant to action taken by the Company under the Sears Holdings Corporation 2006 Stock Plan and Sears Holdings Corporation 2013 Stock Plan, as applicable (referred to herein as the “Plan”), instead of a distribution of Lands’ End Shares with respect to any unvested restricted stock shares awarded under the Plan as of the Record Date (the “Unvested RSSs”), a cash award (the “Cash Award”) has been approved.  Based on the Unvested RSSs awarded to you, you are hereby awarded the Cash Award(s) indicated below in lieu of any and all rights you would otherwise have had to Lands’ End Shares (and/or cash in lieu of fractional Lands’ End Shares) with respect to such Unvested RSSs.  Any Cash Award is subject to the same vesting requirements and other terms set forth in your Restricted Stock Award Agreement(s) applicable to the Unvested RSSs.
	
				
	Date of Grant
	Unvested RSSs
	Cash Award
	Vesting Date

	Month Day, Year
	X,XXX
	$XX.XX
	Month Day, Year




OR
	
				
	Date of Grant
	Unvested RSSs
	Cash Award(s)
	Vesting Date

	Month Day, Year
	X,XXX
	$XX.XX
	Month Day, Year

	Month Day, Year
	X,XXX
	$XX.XX
	Month Day, Year






SEARS HOLDINGS CORPORATION






                            
By:    Dean Carter
		
	Title: 
	VP, Talent and  
Human Capital Services



1
<TABLE> <S> <C>


<ARTICLE>                                            9

<LEGEND>
     THIS SCHEDULE  CONTAINS SUMMARY  FINANCIAL  INFORMATION  EXTRACTED FROM THE
     QUARTERLY REPORT ON FORM 10-Q AND IS QUALIFIED IN ITS ENTIRETY BY REFERENCE
     TO SUCH FINANCIAL INFORMATION.
</LEGEND>

<MULTIPLIER>                                   1000

<S>                                       <C>
<PERIOD-TYPE>                                 9-MOS
<FISCAL-YEAR-END>                             SEP-30-2000
<PERIOD-END>                                  JUN-30-2000
<CASH>                                          7,176
<INT-BEARING-DEPOSITS>                            929
<FED-FUNDS-SOLD>                                    0
<TRADING-ASSETS>                                    0
<INVESTMENTS-HELD-FOR-SALE>                   161,378
<INVESTMENTS-CARRYING>                         23,185
<INVESTMENTS-MARKET>                           22,755
<LOANS>                                       309,314
<ALLOWANCE>                                     2,657
<TOTAL-ASSETS>                                518,360
<DEPOSITS>                                    275,617
<SHORT-TERM>                                  159,960
<LIABILITIES-OTHER>                             6,196
<LONG-TERM>                                    39,117
<PREFERRED-MANDATORY>                               0
<PREFERRED>                                         0
<COMMON>                                           20
<OTHER-SE>                                     27,200
<TOTAL-LIABILITIES-AND-EQUITY>                518,360
<INTEREST-LOAN>                                17,123
<INTEREST-INVEST>                               9,092
<INTEREST-OTHER>                                   25
<INTEREST-TOTAL>                               26,240
<INTEREST-DEPOSIT>                              7,855
<INTEREST-EXPENSE>                             16,876
<INTEREST-INCOME-NET>                           9,364
<LOAN-LOSSES>                                     360
<SECURITIES-GAINS>                                100
<EXPENSE-OTHER>                                 6,096
<INCOME-PRETAX>                                 4,259
<INCOME-PRE-EXTRAORDINARY>                      4,259
<EXTRAORDINARY>                                     0
<CHANGES>                                           0
<NET-INCOME>                                    3,056
<EPS-BASIC>                                      1.60
<EPS-DILUTED>                                    1.59
<YIELD-ACTUAL>                                   2.77
<LOANS-NON>                                     1,068
<LOANS-PAST>                                        0
<LOANS-TROUBLED>                                    0
<LOANS-PROBLEM>                                     0
<ALLOWANCE-OPEN>                                2,477
<CHARGE-OFFS>                                     203
<RECOVERIES>                                       23
<ALLOWANCE-CLOSE>                               2,657
<ALLOWANCE-DOMESTIC>                            2,657
<ALLOWANCE-FOREIGN>                                 0
<ALLOWANCE-UNALLOCATED>                             0



</TABLE>
##### 



Exhibit 10.4
 FIRST AMENDMENT TO  CHANGE IN CONTROL AGREEMENT
 WHEREAS,
 WHEREAS,
 WHEREAS,
 NOW, THEREFORE,
 1.
    
    Section 3(b) of the Agreement is amended to read, in its entirety, as follows:
 (b)
    
    Without the Executives specific written consent, a reassignment which requires
Executive to move his office more than fifty (50) miles from the location of
Executives principal place of business as existing on the first day of the Protection
Period or the last location to which the Executive, during the Protection Period, has
specifically consented in writing to be reassigned;
 2.
    
    Section 6 of the Agreement is amended to read, in its entirety, as follows:
 DEFINITION OF ANNUAL DIRECT SALARY.
 3.
    
    New Section 26 is added to the Agreement to read, in its entirety, as follows:
 26. REGULATORY LIMITATIONS.




---



##### 



IN WITNESS WHEREOF,
 ATTEST
    
    
    
    RURBAN FINANCIAL CORP./s/ Valda L. Colbart
    
    
    
    /s/ Kenneth A. JoyceDate: 5/17/06
    
    
    
    Date: 5/17/06WITNESS
    
    
    
    EXECUTIVE/s/ Melanie Resendez
    
    
    
    /s/ Duane L. SinnDuane L. SinnDate: 5/15/06
    
    
    
    Date: 5/15/06
**EXHIBIT 35.1**

**SERVICER COMPLIANCE STATEMENT**

**PURSUANT TO ITEM 1123 OF REGULATION AB**

**FIRST NATIONAL BANK OF OMAHA**

Date: March 28, 2018 

Theundersigned, a duly authorized officer of First National Bank of Omaha (the “Servicer”), pursuant to Item 1123 of Regulation AB and Section 3.05(a) of the First Amended and Restated Transfer and Servicing Agreement, dated as ofDecember 20, 2012, among First National Funding LLC, as Transferor, First National Bank of Omaha, as Servicer, and First National Master Note Trust, as Issuer (the “Transfer and Servicing Agreement”), does hereby certify that: 

1.    A review of the activities of the Servicer from January 1, 2017 through December 31, 2017 (the“Reporting Period”) and of its performance under 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 theTransfer and Servicing Agreement, in all material respects throughout the Reporting Period. 

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

 
FIRST NATIONAL BANK OF OMAHA, as ServicerBy: /s/ Timothy D. Hart 
Timothy D. Hart

Senior VicePresident
**EXHIBIT 31.1**

 

**CERTIFICATION OF PRINCIPAL EXECUTIVE OFFICER**

 

I, Michael K. Perry, Chief Executive Officer of CardioDynamics International Corporation, certify that: 

 

1. I have reviewed this Annual Report on Form 10-K ofCardioDynamics International Corporation (the “Registrant”); 

 

2. Based on my knowledge, this 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 suchstatements were made, not misleading with respect to the period covered by this report; 

 

3. Based on my knowledge, the financial statements, and other financial information included in this report, fairly present in allmaterial respects the financial condition, results of operations and cash flows of the Registrant as of, and for, the periods presented in this report; 

 

4. The Registrant’s other certifying officer and I are responsible for establishing and maintaining disclosure controls andprocedures (as defined in Exchange Act Rules 13a-15(e) and 15d-15(e)) for the Registrant and have: 

 

a) Designed such disclosure controls and procedures, or caused such disclosure controls and procedures to be designed under oursupervision, 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 the report is being prepared;

 

b) Evaluated the effectiveness of theRegistrant’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 report based on such evaluation; and

 

c) Disclosed in this report any change in theRegistrant’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 isreasonably likely to materially affect, the Registrant’s internal control over financial reporting; and 

 

5. The Registrant’s other certifying officer and I have disclosed, based on our most recent evaluation of internal control overfinancial reporting, to the Registrant’s auditors and the audit committee of the 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 overfinancial reporting which are reasonably likely to adversely affect the Registrant’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 a significantrole in the Registrant’s internal control over financial reporting.
**Exhibit 32.3**

 

Certification Pursuant

To 18 U.S.C. 1350,

As Adopted Pursuant to

Section 906 of the Sarbanes-Oxley Act of 2002

 

In connection with theQuarterly Report of Cyanotech Corporation (the “Company”) on Form 10-Q forthe period ended June 30, 2008 as filed with the Securities and ExchangeCommission on the date hereof (the “Report”), I, Gerald R. Cysewski, ExecutiveVice President and Chief Scientific Officer of the Company, certify, pursuantto 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of theSarbanes-Oxley Act of 2002, that:

 

1)                                      The Report fully complies with therequirements of Section 13(a) or 15(d) of the SecuritiesExchange Act (15 U.S.C. 78m or 78o (d)); and

 

2)                                      The information contained in the Reportfairly presents, in all material aspects, the financial condition and resultsof operations of the Company.

 
| Date:  |       August 14, 2008 |                                                   | /s/ Gerald R. Cysewski |
|--------|-----------------------------------------------------|--------------------------------------------------------|------------------------|
|   |                                                | Gerald R. Cysewski                                     |
|   |                                                | Executive Vice  President and Chief Scientific Officer |

 

----