alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
|                                      |
|--------------------------------------|
|                                      |  |
| Deutsche Bank Trust Company Americas | BNY Mellon Trust of Delaware |
| As Indenture Trustee                 | As Owner Trustee |
| Attn:  Michelle H.Y. Voon  | Attn:  Kristine Gullo |
| 100 Plaza One 6th Floor         | 301 Bellevue Parkway 3rd Floor |
| Jersey City, NY 07311                | Wilimingtom, DE  19809 |

|                                                 |
|-------------------------------------------------|
|                                                 |  |
| The Bank of New York Mellon Trust Company, N.A. | Ally Auto Assets LLC |
| Attn:  Robert Castle                  | Ally Financial Inc. |
| 2 North LaSalle Street, Suite 1020              | 200 Renaissance Center |
| Chicago, IL  60602                    | 10th Floor, MC 482-B10-A68 |
|                                            | Detroit, MI |

|        |
|--------|
|        |  |
| Re:    | Ally Auto Receivables Trust 2014-2 |
|   | Annual Statement as to Compliance |

|    |
|----|
|    |  |
| a. | A review of the activities of the Servicer during the period of September 24, 2014 through December 31, 2014, and of its performance under the Servicing Agreement has been under his supervision, and |

|    |
|----|
|    |  |
| b. | To the best of his knowledge, based on such review, the Servicer has fulfilled all of its obligations under the Servicing Agreement throughout such period. |

|        |
|--------|
|        |  |  |
|   | Very truly yours, |
|   |   |
|   | /s/ David J. DeBrunner |   |
|   | David J. DeBrunner |
|   | Vice President, Controller and Chief Accounting Officer |
|   | Ally Financial Inc. |
**OFFICE OF**  **THE ATTORNEY**  **GENERAL OF**  **TEXAS AUSTIN** 

Bonorable X. Y. Cunnlngh~ County Auditor Oorsloana, Texas Deer Sir:

C. 

### bi¶M, Attorney O writer for oonslde 0, addreeesd to Oerald **been** referred to the

80followe: **gular** meeting of Court, Mr. kalege of a oonceselon oourthouse. above prlrllege doe8 not oee he receive any rerunHis only aouroa of lnHayes, CoinUlsaloner of Treclnot 1, of I&. Xelter &yea. Woes this relaticnahlg offer anyberrler to the appointment or makethe Comm.lssloneret CoUF$, or 

### any **of** Its menbere guilty of nspotlam?"**Hon. 6.**  **‘ p.**  Cunningham, Fare 2

Your attentlou la directed to Article 402, km1 Codeot **Texas,** es followa:

“30 oirioer or tide Stete or any officer of any district, county, At;-, praolnct, school distrlot, or other aunlolpal aubdlvlelon **of** thla etate, or anyofrlcer or renber of any state, dlstrlot, ccunty , city, aohool dletrlct, or other 

### munloipalboard,or 5udqe of any court, oreated byor **under** authority of anyaenerel or special law of this Stote,pr anylcembercf the LagIsloture, ohall appoint, or vote for, or confirms the e~polnt.Eent to any offioe, poeltion, clerkski~, efiploynont , 

### or duty, at any person related uithin the aeoond degree .b$affinity 

### or within the third degree by consanguinity to the person 

### SO appointing or sovotlne, or to any other member ot anysuoh boa::d, the Ledslature, 

### or oourt cf whloh euah person 80ap::ointlnq or vctinc: Pep be amember, whenthe selery, iec8, or ooqenaatlon a? euch appointee is to bc paid for, dlreatly or lnfiirectly, out of or frompublic funds or fees ot office of nny kind oz chareoter whatsoever.” Thepurpose of the nepotlen statute Is to prohibit apub110 ottlolal f7oa: apFolnting, voting: for, or ccnflrnIn! the appointment to any office, position, clerkship, employment, or duty, of anyperson related to him, or to any other nember of the court, bglslature, board, etc., of rhloh 

### theoftlolel maybe amember, within the prohibited degree, whenthe compenaetion of such appointee IS to be paid, either dlreotly 

### or indireotly, out of pub110 funds. In the lnstont oaae, 

### Itis epxrent from the feats stated that Yr. Falter Heyea 

### hasnot been appointed to 

### anyoffice, 

### poeltion,clerkship, nor enrloyed to periorm any duty, end therefore, your question la answered In the negative.

Tru8tin.c this 

### mawera your inquiry, weare
Exhibit








EXHIBIT 10.1


TERMS OF PERFORMANCE SHARE UNIT AWARD AGREEMENT 
WITH CERTAIN EXECUTIVE OFFICERS




The form of Performance Share Unit Award Agreement (the “Agreement”), filed as Exhibit 10.5 to the Registrant's Quarterly Report on Form 10-Q for the quarterly period ended September 30, 2017, contains blanks where the grantee's name, target number of shares, grant date, vesting date, performance measurement period, shortened performance measurement period start date, and months in term provided under the Agreement vary for each executive.  


On March 16, 2020, performance share awards were granted providing certain executives the opportunity to earn common stock, the number of which is determined pursuant to, and subject to the attainment of performance goals.  The performance share awards were granted with a term of 36 months and vest on March 16, 2023.  The performance period start date was January 1, 2020 thereby making the performance period January 1, 2020 through December 31, 2022.  The target number of shares for each executive awarded performance shares on March 16, 2020 is listed below.


	
		
	Executive Officer
	Target number of shares

	Edward O. Handy, III
	11,050

	Mark K.W. Gim
	5,340

	Ronald S. Ohsberg
	4,150

	Kristen L. DiSanto
	3,690

	James M. Hagerty
	3,690

	Mary E. Noons
	3,690

	Kathleen A. Ryan
	3,690

	William K. Wray
	3,690

	Dennis L. Algiere
	2,630

	Debra A. Gormley
	2,630

	Maria N. Janes
	2,630
#### The State *v.*Herndon.

*Monday,*May 20.

A person selected as a *talesman*to serve on a grand jury, must be either a freeholder or householder.

If a grand juror have not all the qualifications required by the statute, it is a good cause of challenge ; or the defendant, before issue joined, may plead the objection in avoidance.

ERROR to the *Montgomery*Circuit Court.

Dewey, J.

Indictment for assault and battery. The defendant pleaded in abatement that one of the grand jurors who preferred the bill, and who had been selected as a talesman, was not a householder or freeholder. The state demurred; the demurrer was overruled, and the defendant discharged.

The Circuit Court was correct in sustaining the plea. The statute regulating the mode of summoning grand and *76petit jurors, requires that the jurors be selected from the list of taxable persons, and that they be good reputable freeholders or householders of the proper county. Rev. Code, 1831, p. 291. A *talesman*is *such*a person as is qualified to be on the original panel.

*TY.*Quarles, for the state.

*T. J. Evans,*for the defendant.

If a grand juror lack any of the qualifications required by the statute, it is a good cause of challenge ; or the defendant, before issue joined, may plead the objection in avoidance. Va*ttier*v. *The State.*4 Blackf. 73.—1 Chitt. C. L. 308.—Bac. Abr. tit. Juries A.

*Per Curiam.*

The judgment is affirmed.
Exhibit 32.2

Section 1350 Certification of the Chief Financial Officer

In connection with this Quarterly
Report of Sterling Bancshares, Inc. (the Company) on Form 10-Q for the period ending March 31, 2009 as filed with the Securities and Exchange Commission on the date hereof (the Report), I, Zach L. Wasson, Executive Vice
President and Chief Financial Officer of the Company, certify, pursuant to 18 U.S.C. Section 1350 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.
| | -- | ----------------------------------------------------------------------------------------------------------------------------------------------------



|                   |  |  |  |     |  |                    |  |                            
|------------------ |  |  |  | --- |  | ------------------ |  | ---------------------------
|                   |  |  | 
|Dated: May 1, 2009 |  |  |  | By: |  | /s/ Zach L. Wasson
|                   |  |  |  |     |  |                    |  | Zach L. Wasson             
|                   |  |  |  |     |  |                    |  | Executive Vice President   
|                   |  |  |  |     |  |                    |  | and Chief Financial Officer
EXHIBIT 32.1

Certification by the Chief Executive Officer pursuant to 18 U.S.C. Section 1350,
as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002

I,
Thomas Hodgson, the Chief Executive Officer of Magna Entertainment Corp. ("MEC"), certify pursuant to 18 U.S.C. Section 1350 that (i) the Annual Report on
Form 10-K (the "Report") of MEC for the year ended December 31, 2004 fully complies with the requirements of Section 13(a) or 15(d) of the
Securities Exchange Act of 1934, and (ii) the information contained in such Report fairly presents, in all material respects, the financial condition and results of operations of MEC.

|Date: March 14, 2005 |  |  | /s/THOMAS HODGSONThomas Hodgson, Chief Executive Officer
|-------------------- |  |  | --------------------------------------------------------

A
signed original of this written statement required by Section 906 has been provided to Magna Entertainment Corp. and will be retained by Magna Entertainment Corp. and furnished to the
Securities and Exchange Commission or its staff upon request.

---
*Pursuant to 5TH CIR. R. 47.5, the court has determined that this opinion should not be

published and is not precedent except under the limited circumstances set forth in 5TH CIR.

R. 47.5.4.

IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

 

No. 00-20351

Summary Calendar

 

MARGARET L. KIZZEE,

Plaintiff-Appellant,

versus

CITY OF HOUSTON; BOB LANIER; LEE P. BROWN,

Houston Mayor; JOE ROACH, Houston City

Councilman; CITY OF HOUSTON CIVIL SERVICE

COMMISSION; LONNIE VARA, City of Houston 

Employee; LENORIA WALKER, City of Houston

Employee; EVERETT A. BASS, City of Houston

Employee; LOUIS MCKINNEY, City of Houston

Employee; FRANK C. LOPEZ, City of Houston

Employee; ANDREW CONTRERAS, City of Houston

Employee; MICHAEL VAUGHNS, City of Houston

Employee; RICHARD BROWN; DANIEL GUTIERREZ,

Defendants-Appellees.

________________________________________

Appeal from the United States District Court

for the Southern District of Texas

USDC No. H-98-CV-2208

________________________________________

April 2, 2001

Before POLITZ, JOLLY, and EMILIO M. GARZA, Circuit Judges.

PER CURIAM:*
1Talk v. Delta Airlines, Inc., 165 F.3d 1021 (5th Cir. 1999). 

2Webb v. Cardiothoracic Surgery Associates of North Texas, P.A., 139 F.3d 532, 538

(5th Cir. 1998). 

3McInnis v. Alamo Community College Dist., 207 F.3d 276 (5th Cir. 2000). 

4 See id.

5Sanchez v. United States Postal Service, 785 F.2d 1236 (5th Cir. 1986); Branch v. Cole,

686 F.2d 264 (5th Cir. 1982). 

2

Margaret Kizzee appeals an adverse summary judgment, contending that the

district court erred in holding that she had failed to establish a prima facie case of

discrimination under the Americans with Disabilities Act. A review of the record

discloses that Kizzee has not established that her moderate, intermittent difficulty in

walking and working, apparently caused by lupus, rheumatoid arthritis, and

Reynaud’s Syndrome, constitutes a disability within the meaning of the ADA.1 She

has not established that she suffered an adverse employment action or that her

working conditions were “so intolerable that a reasonable employee in her position

would feel compelled to resign.”2 Further, she has not established that she was

penalized for using the handicapped parking area or that she was treated less

favorably than other nondisabled employees.3 Therefore, she has not established a

prima facie case of discrimination due to her disability under the ADA.4 Inasmuch

as she has no constitutional right to counsel in a civil action, she may not bring a

claim that her counsel was ineffective.5 Finally, we will not consider evidence
6Theriot v. Parrish of Jefferson, 185 F.3d 477 (5th Cir. 1999), cert. denied, 120 S. Ct.

2004 (2000). 

7

Id.

3

which was not presented to the district court.6 Accordingly, the appellees’ motion

to strike Kizzee’s record excerpts is granted.7

AFFIRMED; MOTION TO STRIKE RECORD EXCERPTS GRANTED.
EXHIBIT 10.36

COMPENSATION ARRANGEMENTS FOR

CERTAIN NAMED EXECUTIVE OFFICERS

Set forth below is a summary of the compensation arrangements of the executive officers to be named in the Companys 2006 Proxy Statement for the Annual Meeting of
Stockholders, other than Mr. Michael A. Lupo, Chief Executive Officer, who is covered by a current employment agreement, as of the date of filing of the Companys Annual Report on Form 10-K for the year ended December 31, 2005
(the Form 10-K), and Mr. Carl A. Liliequist, the Companys former Executive Vice President, who resigned effective December 31, 2005.

Each of the executive officers named below is an employee at will whose compensation and employment status may be changed at any time in the discretion of the Companys Board of Directors.

Base Salaries. On February 28, 2006, the base salaries of the executive officers are as set forth below:



|                                                                         |  |                    |        
|------------------------------------------------------------------------ |  | ------------------ | -------
|Name and Position                                                        |  | Base Salary Amount
|Jon P. Vrabely, Vice President, Chief Operating Officer                  |  | $                  | 280,000
|David L. Fleisher, Vice President, Chief Financial Officer and Secretary |  | $                  | 275,000
|Hank J. Krey, Vice President, Chief Information Officer                  |  | $                  | 195,000

Base salaries are adjusted from time to time, generally annually on the officers anniversary date. Any such
adjustments are approved by the Management Organization and Compensation Committee.

Bonuses and Equity Awards.These executive officers are also
eligible to participate in the Companys annual incentive compensation plans and equity incentive compensation plans, as provided in the terms of such plans. Such plans, and any forms of awards thereunder providing for material terms, are
included as exhibits to the Form 10-K.
<TABLE> <S> <C>

<PAGE>
<ARTICLE> 9
<MULTIPLIER> 1,000
       
<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                          DEC-31-1997
<PERIOD-START>                             JAN-01-1997
<PERIOD-END>                               MAR-31-1997
<CASH>                                           8,660
<INT-BEARING-DEPOSITS>                           5,640
<FED-FUNDS-SOLD>                                 2,765
<TRADING-ASSETS>                                     0
<INVESTMENTS-HELD-FOR-SALE>                     82,839
<INVESTMENTS-CARRYING>                             311
<INVESTMENTS-MARKET>                               314
<LOANS>                                        230,867
<ALLOWANCE>                                      2,341
<TOTAL-ASSETS>                                 342,379
<DEPOSITS>                                     278,282
<SHORT-TERM>                                    16,530
<LIABILITIES-OTHER>                              3,289
<LONG-TERM>                                      7,725
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                        16,159
<OTHER-SE>                                      20,395
<TOTAL-LIABILITIES-AND-EQUITY>                 342,379
<INTEREST-LOAN>                                  4,679
<INTEREST-INVEST>                                1,027
<INTEREST-OTHER>                                   581
<INTEREST-TOTAL>                                 6,287
<INTEREST-DEPOSIT>                               3,107
<INTEREST-EXPENSE>                               3,567
<INTEREST-INCOME-NET>                            2,720
<LOAN-LOSSES>                                      (4)
<SECURITIES-GAINS>                                   0
<EXPENSE-OTHER>                                  2,014
<INCOME-PRETAX>                                  1,086
<INCOME-PRE-EXTRAORDINARY>                         770
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                       770
<EPS-PRIMARY>                                      .51
<EPS-DILUTED>                                      .51
<YIELD-ACTUAL>                                       0
<LOANS-NON>                                          0
<LOANS-PAST>                                         0
<LOANS-TROUBLED>                                     0
<LOANS-PROBLEM>                                      0
<ALLOWANCE-OPEN>                                     0
<CHARGE-OFFS>                                        0
<RECOVERIES>                                         0
<ALLOWANCE-CLOSE>                                    0
<ALLOWANCE-DOMESTIC>                                 0
<ALLOWANCE-FOREIGN>                                  0
<ALLOWANCE-UNALLOCATED>                              0
        

</TABLE>
Exhibit 32.1


CERTIFICATION PURSUANT TO
 18 U.S.C. SECTION 1350,
 AS ADOPTED PURSUANT TO
 SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002
 
 In connection with the Quarterly Report of OCTuS, Inc. (“OCTuS”) on Form 10-Q for the period ended March 31, 2011 as filed with the Securities and Exchange Commission on the date hereof (“the Report”), the undersigned, Christian J. Soderquist, President and Chief Executive Officer of OCTuS, hereby certifies, pursuant to 18 U.S.C. Section 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 OCTuS.
 
 This written statement is being furnished to the Securities and Exchange Commission as an exhibit to the Report. A signed original of this statement has been provided to OCTuS and will be retained by OCTuS and furnished to the Securities and Exchange Commission or its staff upon request.
 
 Date: November 10, 2011
 
 /s/ CHRISTIAN J. SODERQUIST
 Christian J. Soderquist
 President and Chief Executive Officer
 (Principal Executive Officer)
<TABLE> <S> <C>

<ARTICLE> 5
<LEGEND>
This schedule contains summary financial information extracted from the June 30,
2000  Form  10-Q and is qualified in its entirety by reference to such financial
statements.
</LEGEND>
<MULTIPLIER> 1000

<S>                                     <C>
<PERIOD-TYPE>                           6-MOS
<FISCAL-YEAR-END>                       DEC-31-2000
<PERIOD-END>                            JUN-30-2000
<CASH>                                      34,381
<SECURITIES>                             3,997,487
<RECEIVABLES>                               61,359
<ALLOWANCES>                                 5,003
<INVENTORY>                                      0
<CURRENT-ASSETS>                             2,026
<PP&E>                                           0
<DEPRECIATION>                                   0
<TOTAL-ASSETS>                           4,090,250
<CURRENT-LIABILITIES>                    3,801,682
<BONDS>                                          0
<PREFERRED-MANDATORY>                            0
<PREFERRED>                                 65,805
<COMMON>                                       220
<OTHER-SE>                                 222,543
<TOTAL-LIABILITY-AND-EQUITY>             4,090,250
<SALES>                                          0
<TOTAL-REVENUES>                           145,840
<CGS>                                            0
<TOTAL-COSTS>                                    0
<OTHER-EXPENSES>                             2,925
<LOSS-PROVISION>                               713
<INTEREST-EXPENSE>                         127,722
<INCOME-PRETAX>                             14,480
<INCOME-TAX>                                     0
<INCOME-CONTINUING>                         14,480
<DISCONTINUED>                                   0
<EXTRAORDINARY>                                  0
<CHANGES>                                        0
<NET-INCOME>                                14,480
<EPS-BASIC>                                 0.25
<EPS-DILUTED>                                 0.25


</TABLE>
EXHIBIT 15.1



INDEPENDENT REGISTERED PUBLIC ACCOUNTING FIRM



AWARENESS LETTER



Securities and Exchange Commission

Washington, D.C. 20549



We are aware that our report dated April 1, 2005 on our review of the interim consolidated
financial statements of Dynacq Healthcare, Inc. as of February 28, 2005, and for the three and six month periods ended February 28, 2005 and February 29, 2004 and included in this Form 10-Q for the quarter ended February 28, 2005 is incorporated by
references in the Companys Registration Statement No. 333-72756. Pursuant to Rule 436(c) under the Securities Act of 1933, this report should not be considered as part of the Registration Statement prepared or certified by us within the
meaning of Sections 7 and 11 of that Act.



|                                    
|------------------------------------
|/s/ Killman, Murrell & Company, P.C.
|                                    
|Killman, Murrell & Company, P.C.    
|Houston, Texas                      
|April 7, 2005                       



26
United States Court of Appeals

For the Eighth Circuit

___________________________

No. 17-2487

___________________________

Antonio Ausler

lllllllllllllllllllll Plaintiff - Appellant

v.

Wes Bradford; CPL. James Collins; State of Arkansas; Timothy Bunch; Lee Short;

Dan (Charles) Hancock; Ronald Davis, Jr.; Honorable John Putman

lllllllllllllllllllll Defendants - Appellees

____________

Appeal from United States District Court 

for the Western District of Arkansas - Harrison

____________

 Submitted: January 3, 2018

Filed: January 10, 2018

[Unpublished]

____________

Before GRUENDER, MURPHY, and SHEPHERD, Circuit Judges.

____________

PER CURIAM.

Antonio Ausler appeals the district court’s preservice dismissal of his civil

1

rights action, brought under, inter alia, 42 U.S.C. § 1983. Having carefully reviewed

The Honorable Timothy L. Brooks, United States District Judge for the

1

Western District of Arkansas.
the record and the parties’ arguments on appeal, we conclude that dismissal was

proper for the reasons explained by the district court. See Moore v. Sims, 200 F.3d

1170, 1171 (8th Cir. 2000) (per curiam) (28 U.S.C. § 1915(e)(2)(B) dismissal

reviewed de novo). Further, we find that Ausler’s argument on appeal--that, because

he was not incarcerated when he filed his complaint, his claims for damages were not

barred by Heck v. Humphrey, 512 U.S. 477, 486-87 (1994)--is precluded by circuit

precedent. See Newmy v. Johnson, 758 F.3d 1008, 1011-12 (8th Cir. 2014) (noting

that Heck’s favorable-termination rule applies when § 1983 plaintiff is no longer

incarcerated). Accordingly, we deny Ausler’s motion for oral argument, and we

affirm. See 8th Cir. R. 47B.

______________________________

-2-