alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
<PAGE>
                                                                 Exhibit 10.39.1

                                    AMENDMENT

                                       TO

                              RABBI TRUST AGREEMENT

            This Amendment to the Trust Agreement (the "Trust Agreement")
between U.S. Trust Company, National Association (the "Trustee") and Conoco Inc.
(the "Company") is hereby entered into this 25th day of February, 2002 and shall
become effective March 1, 2002.

            WHEREAS, the Trust Agreement may be amended with respect to certain
matters pursuant to Section 12;

            NOW, THEREFORE, effective as of the date specified above, the
Company and Trustee hereby amend Section 15 of the Trust Agreement by adding the
following sentence to the end of the definition of "Change in Control" to read
as follows:

      "Notwithstanding any provision to the contrary, neither the transactions
      contemplated by the Agreement and Plan of Merger dated as of November 18,
      2001 to which Phillips Petroleum Company and the Company are parties, nor
      the approval of such transactions by the shareholders of either Phillips
      Petroleum Company or the Company, shall constitute a Change of Control for
      purposes of any provision of this Trust Agreement."

            IN WITNESS WHEREOF, the Company and the Trustee have signed this
amendment to the Trust Agreement as of the date first written above.


                                   CONOCO INC.

                                   By: /s/ R. W. Goldman
                                      ------------------------------------------
                                      R. W. Goldman
                                      Senior Vice President, Finance
                                      and Chief Financial Officer


                                   U.S. TRUST COMPANY, NATIONAL ASSOCIATION

                                   By: /s/ Charles E. Wert
                                      ------------------------------------------
                                   Title:  Executive Vice President
                                         ---------------------------------------


                                       1
**EXHIBIT 32.1****CERTIFICATION**     In connection with the quarterly report of Xponential, Inc. (the “Company”) on Form 10-QSB forthe quarter ended December 31, 2005, as filed with the Securities and Exchange Commission on thedate hereof (the “Report”), I, Dwayne A. Moyers, the Chief Executive Officer of the Company,certify, pursuant to 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 the requirements of Section 13(a) or 15(d) of the SecuritiesExchange Act of 1934; and     2. The information contained in this Report fairly presents, in all material respects, thefinancial conditions and results of operations of the Company.          Date: February 15, 2006 /s/ Dwayne A. Moyers         Dwayne A. Moyers    Chief Executive Officer
<PAGE>
EXHIBIT 32

      CERTIFICATION OF CHIEF EXECUTIVE OFFICER AND CHIEF FINANCIAL OFFICER
               PURSUANT TO 18 U.S.C. SS. 1350 ADOPTED PURSUANT TO
                  SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

         In connection with the Report of Physical Spa & Fitness Inc. (the
"Company") on Form 10-Q for the quarter ended June 30, 2004 as filed with the
Securities and Exchange Commission on the date hereof (the "Report"), I, Robert
Chui, Chief Financial Officer of the Company, certify 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 result of operations of the Company.

/s/ Robert Chui
-------------------------
Robert Chui
Chief Financial Officer

August 20, 2004
#### Harper *v.*Levy, in Error.

DEBT on a sealed note for 65 dollars, payable in bankable money: *Held,*that covenant, not debt, is the proper action in such a case (1).

(1)

 Vide *Hedges*v. *Gray,*ante, p. 216, and note; — also *Coldren*v. *Miller,*post, p. 296.
```

[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4784 Introduced in House (IH)]

105th CONGRESS
  2d Session
                                H. R. 4784

 For the relief of Marin Turcinovic, and his fiancee, Corina Dechalup.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                            October 9, 1998

  Mr. Yates introduced the following bill; which was referred to the 
                       Committee on the Judiciary

_______________________________________________________________________

                                 A BILL

 
 For the relief of Marin Turcinovic, and his fiancee, Corina Dechalup.

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

SECTION 1. PERMANENT RESIDENCE.

    Notwithstanding any other provision of law, for purposes of the 
Immigration and Nationality Act (8 U.S.C. 1101 et seq.), Marin 
Turcinovic and his fiancee, Corina Dechalup, shall be held and 
considered to have been lawfully admitted to the United States for 
permanent residence as of the date of the enactment of this Act upon 
payment of the required visa fees.

SEC. 2. REDUCTION OF NUMBER OF AVAILABLE VISAS.

    Upon the granting of permanent residence to Marin Turcinovic and 
his finance, Corina Dechalup, as provided in this Act, the Secretary of 
State shall instruct the proper officer to reduce by the appropriate 
number during the current fiscal year the total number of immigrant 
visas available to natives of the country of the aliens' birth under 
section 203(a) of the Immigration and Nationality Act (8 U.S.C. 
1153(a)).
                                 <all>
```
Case 2:98-cv-00838-JAT Document 85 Filed 10/24/01 Page 1 of 1
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 Anworth Mortgage Asset Corporation (the Company) on Form 10-Q for the quarterly period ended September 30, 2009, as filed with the Securities and Exchange Commission on November 5, 2009 (the
Report), I, Joseph Lloyd McAdams, Chairman of the Board, President and Chief Executive Officer (Chief Executive Officer) of the Company, certify, 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, 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.



By:

/s/    JOSEPH LLOYD
MCADAMsJoseph Lloyd McAdamsChairman of the Board, President andChief Executive OfficerNovember 5, 2009
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Prepared and filed by St Ives Burrups


Exhibit 10.8G

  






	




	 	         January
        24, 2000



NPS Pharmaceuticals, Inc.

  420 Chipeta Way

  Salt Lake City, Utah 84108

RE: Amendment Agreement to Amend the
  November 26, 1997 Amendment Agreement

Dear Sirs:

      This
  Amendment Agreement to Amend the November 26, 1997 Amendment Agreement (hereinafter
  “January 24, 2000 Amendment Agreement”) will confirm that the Letter
  Agreement dated November 26, 1997 between NPS Pharmaceuticals, Inc., a corporation
  of the state of Delaware, having a place
  of business at 420 Chipeta Way, Salt Lake City, Utah 84108, U.S.A. (herein referred
  to as “NPS”) and SmithKline Beecham Corporation, a corporation of the
  Commonwealth of Pennsylvania, having a place of business at One Franklin Plaza,
  Philadelphia, Pennsylvania 19101, U.S.A. (hereinafter referred to as “SB”)
  shall be amended, effective as of the date of NPS' signature below, as follows:


	 	• 	In the second bullet, delete
      the “fifth, sixth, and seventh RESEARCH years” and insert therefor
      the words “fifth and sixth RESEARCH years”,
      and at a level of one hundred seventy five thousand U.S. dollars (U.S. $175,000)
      per NPS FTE who is a lab personnel and at a level of one hundred fifty thousand
      U.S. dollars (U.S. $150,000) per NPS FTE who is a non–lab based consultant
      for the seventh RESEARCH year, provided that it is understood that there
      will only be a total of two (2) NPS FTE's during the seventh RESEARCH year,
      and the levels outlined above will be applied on a pro-rata basis depending
      on the type of NPS FTE utilized.
	 	• 	This January 24, 2000 Amendment
      Agreement shall be retroactively effective as of November 1, 1999.


	 	• 	All other
        terms and conditions of the Letter Agreement shall remain in full
        force and effect.

	 	 	 


	 
        One Franklin Plaza, PO Box 7929, Philadelphia,
        PA 19101.Telephone (215) 751 4000. –Fax (215) 751 3400.
        










     Please
  indicate your acceptance of this January 24, 2000 Amendment Agreement by signing
  and dating the duplicate copies of this letter below and returning one such
  fully executed copy to SB.

	 	 	 	 	 	Very truly yours,


	 	 	 	 	 	SMITHKLINE BEECHAM CORPORATION


	 	 	 	 	 	By: /s/ Donald F. Parman


	 	 	 	 	 	             Donald F. Parman
	 	 	 	 	 	Title: Secretary


	 	 	 	 	 	Date: January 24, 2000


	AGREED TO AND ACCEPTED: 

      NPS PHARMACEUTICALS, INC.	 
	 	 	 
	By:	/s/ E. F. Nemith	 
	 	     E. F. Nemith	 
	Title:	CSO	 
	Date:	1/31/2000
#### Shields *v.*Arnold, in Error.

HELD, that one party has a right to demur to the evidence of the other, although it be parol; and-that Ms adversary is bound to join in demurrer (1).

(1)

 The leading case on this subject is *Gibson*v. *Hunter,*2 H. Bl. 187. It is there settled, that either party may demur to the evidence of the other, whether it be written or parol. If the evidence be -written, the party *must*join in demurrer; so if it be certain and positive, though parol. But if the parol evidence be either loose and indeterminate, or circumstantial merely, every fact a,nd conclusion which the evidence conduced to prove, must be distinctly admitted, upon the record, hefore a joinder can be demanded. Ibid. — 1 Arch. Pr. *185.*— Fowle v. *The C. C. of Alexandria,*11 Wheat. *320.*— The *Columbian Ins. Co.*v. *Catlett,*12 Wheat. 383, 389. And when the party joins in demurrer, without insisting on this-admission, upon the record, the Court may draw $}g same inferences in his favour, from the facts stated, -which the jury could *110have drawn. Ibid. If the demurrer be so negligently framed that there is no certainty in the statement of the facts proved, it ought not to be allowed; but it be, and there be a joinder and judgment, the latter will be reversed on a writ of error, and a *venire facias*directed. *Gibson*v. *Hunter, supra.*— Fowle v. *The C. C. of Alexandria,*supra. — 1 Arch. Pr. 186. Vide also on the subject of demurrers to evidence, *Cocksedge*v. *Fanshaw,*Doug. *119.*— Lewis v. *Few,*Anth. Cas. 79, note *a.*— Pawling v. *The United Stales,*4 Cranch, *219.*— The *U. S. Bank*v. *Smith,*11 Wheat. 171, and *note.*— Bulkeley v. *Butler,*2 Barn. & Cress. *434.*— Dougherty v. *Campbell,*ante, p. 39.
EXHIBIT 32(b)

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 United Rentals, Inc. and United Rentals (North America),
Inc. (the Companies) on Form 10-Q for the period ended June 30, 2008 as filed with the Securities and Exchange Commission (the Report), I, Martin E. Welch III, Chief Financial Officer of the Companies, certify, pursuant
to 18 U.S.C. section 1350, as adopted pursuant to section 906 of the Sarbanes-Oxley Act of 2002, that to my knowledge:



|1. | the Report fully complies with the requirements of section 13(a) or 15(d) of the Securities Exchange Act of 1934, as amended (15 U.S.C. 78m); and
|-- | -------------------------------------------------------------------------------------------------------------------------------------------------



|2. | the information contained in the Report fairly presents, in all material respects, the financial condition and results of operations of the Companies.
|-- | ------------------------------------------------------------------------------------------------------------------------------------------------------



/s/ MARTIN E. WELCH IIIMartin E. Welch IIIChief Financial Officer


July 29, 2008

A signed original of this written statement required by Section 906, or other document authenticating, acknowledging, or otherwise adopting the signature that appears in typed form within the electronic version
of this written statement required by Section 906, has been provided to the Companies and will be retained by the Companies and furnished to the Securities and Exchange Commission or its staff upon request.
I

105TH CONGRESS

1ST SESSION H. R. 57

To amend the Federal Credit Union Act to clarify that residents of certain

neighborhoods which are underserved by depository institutions may become members of any Federal credit union which establishes a branch

in such neighborhood.

IN THE HOUSE OF REPRESENTATIVES

JANUARY 7, 1997

Mr. FROST introduced the following bill; which was referred to the Committee

on Banking and Financial Services

A BILL

To amend the Federal Credit Union Act to clarify that

residents of certain neighborhoods which are underserved

by depository institutions may become members of any

Federal credit union which establishes a branch in such

neighborhood.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘Improved Availability

5 of Banking Services in Underserved Communities Act’’.
2

•HR 57 IH

1 SEC. 2. CLARIFICATION OF LAW RELATING TO ELIGIBILITY

2 OF MEMBERSHIP IN FEDERAL CREDIT

3 UNIONS.

4 Section 109 of the Federal Credit Union Act (12

5 U.S.C. 1759) is amended—

6 (1) by striking ‘‘Federal credit union member7 ship’’ and inserting ‘‘(a) IN GENERAL.—Federal

8 credit union membership’’; and

9 (2) by adding at the end the following new sub10 section:

11 ‘‘(b) BANKING SERVICES FOR UNDERSERVED

12 NEIGHBORHOODS.—Notwithstanding any provision of

13 subsection (a), any resident of any neighborhood or com14 munity which the Board determines—

15 ‘‘(1) is a community which meets the require16 ments of paragraph (3) and subparagraphs (A) and

17 (B) of paragraph (4) of section 233(b) of the Bank

18 Enterprise Act of 1991, and such additional require19 ments as the Board may impose; and

20 ‘‘(2) is underserved by other depository institu21 tions (as defined in section 19(b)(1)(A) of the Fed22 eral Reserve Act),

23 may be elected to the membership of any Federal credit

24 union which establishes and maintains a branch in such

25 neighborhood or community.’’.

Æ
2:14-cv-400-APG-GWF

Case 2:15-cv-02549-NVW Document 27 Filed 09/04/14 Page 1 of 6
Case 2:15-cv-02549-NVW Document 27 Filed 09/04/14 Page 2 of 6
Case 2:15-cv-02549-NVW Document 27 Filed 09/04/14 Page 3 of 6
Case 2:15-cv-02549-NVW Document 27 Filed 09/04/14 Page 4 of 6
Dated: September 4, 2014.

Case 2:15-cv-02549-NVW Document 27 Filed 09/04/14 Page 5 of 6
The Supreme Court ofMissouri

Certificate ofAdmission as an

Attorney at Law

1, Bill L. Thompson, Clerk ofthe Supreme Court of Missouri, do hereby certify that the

records ofthis office show that on 9/19/2012,

Andrew Joseph %abat

was duly admitted and licensed to practice as an Attorney and Counselor at Law in the Supreme

Court of Missouri and all courts ofrecord in this state, and is, on the date indicated below, a

member in good standing ofthis Bar.

IN TESTIMONY WHEREOF, 1 hereunto set

my hand and affix the seal ofthe Supreme Court of

Missouri at my office in Jefferson City, Missouri,

this 18lh day of February 2014.

i^U L. M*+~fSts*

Clerk ofthe Supreme Court of Missouri

Case 2:15-cv-02549-NVW Document 27 Filed 09/04/14 Page 6 of 6
1

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF ILLINOIS

EASTERN DIVISION

BCBSM, Inc. (d/b/a Blue Cross and

Blue Shield of Minnesota), et al.,

Plaintiffs,

v.

Walgreen Co. and Walgreens Boots

Alliance, Inc.,

Defendants.

Case No. 1:20-cv-1853

Honorable Virginia M. Kendall

Magistrate Judge Sheila Finnegan

Consolidated with

Case No. 1:20-cv-1929

Case No. 1:20-cv-3332

DEFENDANTS WALGREEN CO.’S & WALGREENS BOOTS ALLIANCE, INC.’S

MOTION TO DISMISS CASE NO. 1:20-CV-1853

UNDER FED. R. CIV. P. 12(B)(7) & 12(B)(6)

Pursuant to Rules 12(b)(7) and 12(b)(6) of the Federal Rules of Civil Procedure and for the 

reasons set forth in the Memorandum in Support of Defendants Walgreen Co.’s & Walgreens 

Boots Alliance, Inc.’s Motion to Dismiss Case No. 1:20-cv-1853 under Fed. R. Civ. P. 12(b)(7) 

and 12(b)(6), Defendants Walgreen Co. (“Walgreens”) and Walgreens Boots Alliance, Inc. 

(“WBA,” and together with Walgreens, “Defendants”) respectfully move this Court to dismiss all 

counts of the Plaintiffs’ Complaint (Dkt. No. 1) for failure to join a party under Rule 19 and for 

failure to state a claim upon which relief can be granted.

WHEREFORE, Defendants Walgreens and WBA respectfully request that this Court 

dismiss all counts of Plaintiffs’ Complaint with prejudice and grant such other and further relief 

as this Court deems just and proper.

Case: 1:20-cv-01853 Document #: 47 Filed: 07/08/20 Page 1 of 3 PageID #:615
Dated: July 8, 2020 Respectfully submitted,

/s/ Jeffrey J. Bushofsky

Jeffrey J. Bushofsky

Laura G. Hoey

Charles D. Zagnoli

ROPES & GRAY LLP

191 North Wacker Drive

32nd Floor

Chicago, Illinois 60606

Tel: (312) 845-1200

Fax: (312) 845-5522

Jeffrey.Bushofsky@ropesgray.com

Laura.Hoey@ropesgray.com

Charles.Zagnoli@ropesgray.com

Attorneys for Defendants Walgreen Co. and 

Walgreens Boots Alliance, Inc.

Case: 1:20-cv-01853 Document #: 47 Filed: 07/08/20 Page 2 of 3 PageID #:616
CERTIFICATE OF SERVICE

I, Charles D. Zagnoli, hereby certify that Defendants Walgreen Co.’s & Walgreens Boots 

Alliance, Inc.’s Motion to Dismiss Case No. 1:20-cv-1853 under Fed. R. Civ. P. 12(b)(7) & 

12(b)(6) was electronically filed on July 8, 2020, and will be served electronically via the Court’s 

ECF Notice system upon the registered parties of record.

/s/ Charles D. Zagnoli

Charles D. Zagnoli

ROPES & GRAY LLP

191 North Wacker Drive

32nd Floor

Chicago, Illinois 60606

Tel: (312) 845-1200

Fax: (312) 845-5522

Charles.Zagnoli@ropesgray.com

Attorney for Defendants Walgreen Co. and 

Walgreens Boots Alliance, Inc.

Case: 1:20-cv-01853 Document #: 47 Filed: 07/08/20 Page 3 of 3 PageID #:617
| Exhibit 32.1 |
|--------------|

| 1. | to the best of my knowledge, the Report fully complies with the requirements of section 13(a) or 15(d) of the Securities Exchange Act of 1934; and |
|----|----------------------------------------------------------------------------------------------------------------------------------------------------|

| 2. | to the best of my knowledge, the information contained in the Report fairly presents, in all material respects, the financial condition and results of operations of Registrant. |
|----|----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|

| Dated:  August 12, 2010 | /s/ Lonnie D. Schnell                                                                Lonnie D. SchnellChief Executive Officer and Chief Financial Officer |
|-----------------------------------|-------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|