alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
Exhibit 99.1





Written Statement of Chief Executive Officer


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





The undersigned, the Chief Executive Officer of Central European Distribution
Corporation (the Company), hereby certifies that, to his knowledge on the date hereof:





| | (a) |  | the Form 10-Q of the Company for the quarterly period ended September 30, 2002, filed on the date hereof 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
| | --- |  | ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------




| | (b) |  | information contained in the Report fairly presents, in all material respects, the financial condition and results of operations of the Company.
| | --- |  | ------------------------------------------------------------------------------------------------------------------------------------------------




/s/    WILLIAM V. CAREYWilliam V. CareyChief Executive OfficerNovember 14, 2002




---

Exhibit 99.2





Written Statement of Chief Financial Officer


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





The undersigned, the Chief Financial Officer of Central European Distribution Corporation (the Company), hereby certifies
that, to his knowledge on the date hereof:





| | (a) |  | the Form 10-Q of the Company for the quarterly period ended September 30, 2002, filed on the date hereof 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
| | --- |  | ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------




| | (b) |  | information contained in the Report fairly presents, in all material respects, the financial condition and results of operations of the Company.
| | --- |  | ------------------------------------------------------------------------------------------------------------------------------------------------




/s/     NEIL A.M. CROOKNeil A.M. Crook Chief Financial Officer November 14, 2002
#### Georgia R. Davis *v.*John Ralston.

Pleading — Filing Amended Petition before Judgment.

The plaintiff is entitled to file an amended petition, to conform to the proof, at any time before judgment, if it does not substantially change the issue.

Same — Slander.

It is sufficient in an action for slander, that the petition charges, the defendant imputed to her a want of chastity.

APPEAL FROM HARRISON CIRCUIT COURT,

October 5, 1869.

Opinion of the Court by

Judge Williams:

The appellant, a single woman, brought this action of slander against the defendant for speaking words imputing to her a want of chastity; a demurrer'was sustained to the original petition because after setting out the- words alleged to have been spoken there was added “or words to that -effect.”

An amended petition was then filed setting out the words without the alternate allegation and upon issue and evidence the defendant moved the court to instruct the jury as in case of non-suit, because there was a variance between the allegation and the proof, whereupon and before any decision, the plaintiff offered an amended petition conforming the pleadings to the proof, but which the court refused to permit and gave the instruction asked by defendant, which resulted in a verdict and judgment for him, of which appellant complains.'

This was an action of slander, based upon the general charge that defendant had imputed to her a want of chastity, the nature of the slander complained of was well understood; it is, however, often difficult for the pleader to get in words, even the same in substance, which may be established by the evidence.

Section 161, Civil Code, was enacted that the courts might relieve the difficulties and injustices of such cases by amendments after the proof be heard, when it shall not substantially change *287the issue, and this conforming the pleadings and proceedings to the facts proved is designed for the benefit of either or both parties, that substantial justice may be administered unencumbered by the cobweb fictions and technicalities of pleadings and their subtle refinements.

*A. H. Ward, for appellant.*

Trimble, *for appellee.*

The rejection of this amendment and the granting the defendant’s instruction was an abuse of a sound legal discretion, for which the judgment is reversed, with directions to permit it to be filed, and for further proceedings.
UNITED STATES DISTRICT COURT

FOR THE 

DISTRICT OF ARIZONA

Robert Mars,

Plaintiff,

v.

C. R. Bard Inc. and Bard Peripheral 

Vascular, Inc.,

Defendant.

)

)

)

)

)

)

)

)

)

MDL Case No. 2:15-md-02641-DGC

Civil Action No. CV-17-04771-PHX-DGC

WAIVER OF THE SERVICE OF SUMMONS

To: Andrus Wagstaff, PC

(Name of plaintiff’s attorney or unrepresented plaintiff)

I have received your request to waive service of a summons in this action along with a copy of the complaint, two 

copies of this waiver form, and a prepaid means of returning one signed copy of the form to you.

I, or the entity I represent, agree to save the expense of serving a summons and complaint in this case.

I understand that I, or the entity I represent, will keep all defenses or objections to the lawsuit, the court’s 

jurisdiction, and the venue of the action, but that I waive any objections to the absence of a summons or of service.

I also understand that I, or the entity I represent, must file and serve an answer or a motion under Rule 12 within 

60 days from 1/3/2018, the date when this request was sent (or 90 days if it was sent outside the United States). If I fail to 

do so, a default judgment will be entered against me or the entity I represent.

Date: January 5, 2018 /s/ Richard B. North, Jr.

Signature of the attorney or unrepresented party

C. R. Bard, Inc. and Bard Peripheral

Vascular, Inc.

Printed name of parties waiving service of 

summons

Richard B. North, Jr. (Ga. Bar No. 545599)

Printed Name

Nelson Mullins Riley & Scarborough, LLP

201 17th St., NW, Suite 1700, Atlantic Station, Atlanta, GA 30363

Address

richard.north@nelsonmullins.com

E-mail Address

(404) 322-6155

Telephone number

Duty to Avoid Unnecessary Expenses of Serving a Summons

Rule 4 of the Federal Rules of Civil Procedure requires certain defendants to cooperate in saving unnecessary expenses of serving a 

summons and complaint. A defendant who is located in the United States and who fails to return a signed waiver of service requested by a plaintiff 

located in the United States will be required to pay the expenses of service, unless the defendant shows good cause for the failure. 

Case 2:15-md-02641-DGC Document 9603 Filed 01/11/18 Page 1 of 2
2

“Good cause” does not include a belief that the lawsuit is groundless, or that it has been brought in an improper venue, or that the court has 

no jurisdiction over this matter or over the defendant or the defendant’s property. 

If the waiver is signed and returned, you can still make these and all other defenses and objections, but you cannot object to the absence of 

a summons or of service. 

If you waive service, then you must, within the time specified on the waiver form, serve an answer or a motion under Rule 12 on the 

plaintiff and file a copy with the court. By signing and returning the waiver form, you are allowed more time to respond than if a summons had been 

served.

Case 2:15-md-02641-DGC Document 9603 Filed 01/11/18 Page 2 of 2
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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  accompanying  Annual  Report  on  Form  10-K  of
Ferrellgas Partners,  L.P. (the "Partnership") for the year ended July 31, 2003,
as filed with the  Securities  and Exchange  Commission  on the date hereof (the
"Report"),  the  undersigned,  in the capacity and on the date 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:

     1. The Report fully  complies  with the  requirements  of Section  13(a) or
15(d), as applicable, 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 Partnership
at the dates and for the periods indicated.

     The  foregoing  certification  is made  solely  for  purposes  of 18 U.S.C.
Section 1350, as adopted  pursuant to Section 906 of the  Sarbanes-Oxley  Act of
2002,  and  is  subject  to the  "knowledge"  and  "willfulness"  qualifications
contained in 18 U.S.C. Section 1350(c).

     This  certification  is being  furnished to the SEC and is not to be deemed
"filed" with the SEC for purposes of Section 18 of the Exchange Act or otherwise
subject to the liabilities of Section 18. In addition, this certification is not
to  be  incorporated  by  reference  into  any  registration  statement  of  the
Partnership or other filing of the Partnership made pursuant to the Exchange Act
or Securities Act, unless specifically  identified as being incorporated therein
by reference.


Dated:  October 20, 2003

                                 /s/ James E. Ferrell
                                 -----------------------------------------------
                                 James E. Ferrell
                                 Chairman, President and Chief Executive Officer
                                 of Ferrellgas, Inc., the Partnership's general
                                 partner


                                 /s/ Kevin T. Kelly
                                 -----------------------------------------------
                                 Kevin T. Kelly
                                 Senior Vice President and Chief Financial
                                 Officer of Ferrellgas, Inc., the Partnership's
                                 general partner


*A signed original of this written statement required by 18 U.S.C. Section 1350
has been provided to the Partnership.
### IN THE UNI TED STATES COURT OFAPPEALS FOR THE FIF TH CIRCU IT

No. 11-51172 Summary Calendar

UNITED STATES OF AMERICA, Plaintiff-Appellee

v. REGINALD GENE ADAMS, Defendant-Appellant

Appeals from the United States District Court for the Western District of Texas USDC No. 6:03-CR-201-1

Before DAVIS, SMITH, and PRADO, Circuit Judges. PER CURIAM: * Reginald Gene Adams, federal prisoner # 35858-180, has moved for leave to proceed in forma pauperis (IFP) in this appeal of the denial of his motion for

a sentencing reduction under 18 U.S.C. § 3582(c)(2). The district court denied Adams leave to appeal IFP and certified that his appeal was not taken in good faith. SeeF E D
. R. AP P
. P. 24(a). Adams argues that his appeal is not frivolous because the district court abused its discretion by relying on sentencing factors that were not considered U n i te d S ta te s C o u rt o f A p p ea l s

F i ft h C i rc u i t 

### F I L E D July 19, 2 012 Lyle W . Cayce Clerk

Purs uant to 5 T H C IR

. R. 47.5 , the cour t hasd ete rm inedthat this op inion sho uld not * be publ ish ed and is not pr ece dent excep t unde r the lim ite d cir cum st ance s se t forth in 5 T H C IR

. R. 47.5 .4. Case: 11-51172 Document: 00511926678 Page: 1 Date Filed: 07/19/2012No. 11-51172

at his original sentencing, by failing to consider his conduct while incarcerated, and by not considering the unjustifiable 100-to-1 sentencing r a tio for crack cocaine. Adams has shown no error with respect to the court’s consideration of his history and characteristics, the nature of the offense, and the need to protect the public from future crimes, as these are factors that the court was required to consider in determining whether to grant his motion. Se e § 3 582(c)(2). Adams did not specif

ically raise the issue of his postconviction conduct before the district court, but the district court stated that it had considered the factors in U.S.S.G. § 1B 1

. 1 0 i n denying the motion. Thus, its consideration of this factor was implicit. See United States v. Evans , 587 F.3d 667, 672-73 (5th Cir. 2009). Finally, the district court’s consideration of the sentencing dispa ri ty for crack cocaine is implicit in the court’s consideration of his motion for a reduction of sentence since this disparity is the basis for the Fair Sentencing Act of 2010, which resulted in Guidelines Amendment 750, and is the ba s is for Adams’s motion. See United States v. Whitebird , 5 5 F .3d 1007, 1010 (5th Cir. 1995). Adams’s argument essentially s e eks to make a sentence reduction requested pursuant to the crack cocaine amendments mandatory, a suggestio n th a t we have previously rejected. See United States v. Smith , 595 F.3d 1322, 1323 (5th Cir. 2010). Adams has not shown that the denial of his § 3582(c)(2) motion presents

a nonfrivolous issue for appeal. Accordingly, his motion for leave to proceed IFP is denied, and his appeal is dismissed. See 5 T H C I R
. R. 42.2. MOTION DENIED; APPEAL DISMISSED.

2 Case: 11-51172 Document: 00511926678 Page: 2 Date Filed: 07/19/2012
EXHIBIT
10.33
 FIRST AMENDMENT TO
EMPLOYMENT AGREEMENT BY AND BETWEEN
FIRST INDUSTRIAL REALTY TRUST, INC.
AND JOHANNSON L. YAP
 WHEREAS,
 WHEREAS
 WHEREAS
 NOW, THEREFORE, BE IT RESOLVED
 1.
  2.
  3. (newly added language italicized)
 within thirty (30) days of the
Executives death,




---



##### 



4. (newly added language italicized)
 in a lump
sum to be paid within 30 days of the termination of Executives
employment
 5. (newly added language italicized)
 provided that no such exercise shall be allowed beyond the original
expiration date of such SIP Options (determined as if the
Executives employment had not terminated) unless the exercise price
is greater than the fair market value of the stock on the date of
termination
 6. (newly added language italicized)
 provided that no such exercise shall be allowed beyond
the original expiration date of such SIP Options (determined as if
the Executives employment had not terminated) unless the exercise
price is greater than the fair market value of the stock on the date
of termination
 7. (newly added language italicized)
 with the termination of employment effective as
of the fifteenth (15) day after such notice provided, however, that to the extent that
such circumstance constituting a Triggering Circumstance is subject
to cure, the Company shall have fifteen (15) days to cure such
breach, and if
so cured, the Executive shall no longer have the right to terminate
due to such circumstance
 2




---



##### 



8.
  9. (newly added language italicized)
 as soon as
practicable, but not later than the end of the taxable year
following the taxable year in which the Executive first remits
payment of the excise tax to the Internal Revenue Service as soon as practicable, but not later
than the end of the year following the year in which the Executive
first remits payment to the Internal Revenue Service in satisfaction
of the deficiency
 3




---



##### 



10.
  4




---



##### 



11.
  12.
  IN WITNESS WHEREOF,
 FIRST INDUSTRIAL REALTY TRUST, INC.
 By:
    
    John H. Clayton
    
    
    
    /s/ Johannson L. YapIts: Vice President  Corp. Legal
    
    
    
    JOHANNSON L. YAP
 5
<TABLE> <S> <C>


<ARTICLE>                     5
<LEGEND>
This schedule contains summary financial information extracted from Swift Energy
Pension Partners 1992-C, Ltd.'s balance sheet and statement of operations con-
tained in its Form 10-Q for the quarter ended June 30, 1997 and is qualified in
its entirety by reference to such financial statements.
</LEGEND>
       
<S>                             <C>
<PERIOD-TYPE>                   6-MOS
<FISCAL-YEAR-END>                              DEC-31-1997
<PERIOD-END>                                   JUN-30-1997
<CASH>                                         177,430
<SECURITIES>                                   0
<RECEIVABLES>                                  251,691
<ALLOWANCES>                                   0
<INVENTORY>                                    0
<CURRENT-ASSETS>                               436,706
<PP&E>                                         7,280,539
<DEPRECIATION>                                 (5,363,887)
<TOTAL-ASSETS>                                 2,353,358
<CURRENT-LIABILITIES>                          9,807
<BONDS>                                        0
<PREFERRED-MANDATORY>                          0
<PREFERRED>                                    0
<COMMON>                                       0
<OTHER-SE>                                     2,343,551
<TOTAL-LIABILITY-AND-EQUITY>                   2,353,358
<SALES>                                        440,188
<TOTAL-REVENUES>                               445,713
<CGS>                                          0
<TOTAL-COSTS>                                  215,978<F1>
<OTHER-EXPENSES>                               0
<LOSS-PROVISION>                               0
<INTEREST-EXPENSE>                             0
<INCOME-PRETAX>                                160,958
<INCOME-TAX>                                   0
<INCOME-CONTINUING>                            160,958
<DISCONTINUED>                                 0
<EXTRAORDINARY>                                0
<CHANGES>                                      0
<NET-INCOME>                                   160,958
<EPS-PRIMARY>                                  0
<EPS-DILUTED>                                  0
<FN>
<F1>Includes lease operating expenses, production taxes and depreciation,
depletion and amortization expense.  Excludes general and administrative and
interest expense.
</FN>
        


</TABLE>