alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
EXHIBIT 32.1

                      STATEMENT OF CHIEF FINANCIAL OFFICER
                          UNDER 18 U.S.C. SECTION 1350

         With reference to the Quarterly Report of Redwood Empire Bancorp (the
"Company") on Form 10-Q for the period ending June 30, 2003 (the "Report"), I,
James E. Beckwith, Executive Vice President, Chief Financial Officer and Chief
Operating Officer of the Company, certify for the purposes of section 1350 of
chapter 63 of title 18 of the United States Code 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, and

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



                              /s/ James E. Beckwith
                              --------------------------------------------
                              James E. Beckwith
                              Executive Vice President, Chief Financial Officer
                              and Chief Operating Officer

                              August 11, 2003



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


<PAGE>
                                  EXHIBIT 32.2

                      STATEMENT OF CHIEF EXECUTIVE OFFICER
                          UNDER 18 U.S.C. SECTION 1350

         With reference to the Quarterly Report of Redwood Empire Bancorp (the
"Company") on Form 10-Q for the period ending June 30, 2003 (the "Report"), I,
Patrick W. Kilkenny, President and Chief Executive Officer of the Company,
certify for the purposes of section 1350 of chapter 63 of title 18 of the United
States Code 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, and

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



                                          /s/ Patrick W. Kilkenny
                                          -----------------------
                                          Patrick W. Kilkenny
                                          President and Chief Executive Officer


                                          August 11, 2003




          A signed original of this written statement required by Section 906
has been provided to Redwood Empire Bancorp and will be retained by Redwood
Empire Bancorp and furnished to the Securities and Exchange Commission or
its staff upon request.
AFFIRMATION
OF SUBORDINATION AGREEMENT


 


THIS
AFFIRMATION OF SUBORDINATION AGREEMENT (this “Affirmation”) is made and entered into as of April 23, 2015 by the undersigned
creditor (“Creditor”) for the benefit of Square 1 Bank (“Bank”).


 


RECITALS


 


GridSense
Inc. (“Borrower”) and Bank are parties to that certain Loan and Security Agreement, dated as of November 2, 2012,
as amended from time to time (the “Loan Agreement”). Creditor executed for the benefit of Bank a Subordination Agreement
dated as of August 13, 2013 (the “Subordination Agreement”), with respect to Borrower’s issuance of subordinated
debt securities to Creditor. Borrower and Bank propose to enter into a 7th Amendment to Loan and Security Agreement, dated on
or about the date hereof (the “Amendment”), which amends the Loan Agreement by, among other things, amending the payment
schedule with respect to a portion of the Obligations. Bank has agreed to enter into the Amendment provided that, among other
things, Creditor consents to the entry by Borrower into the Amendment and agrees that the Subordination Agreement will remain
effective.


 


AGREEMENT


 


NOW,
THEREFORE, Bank and Creditor agree as follows:


 


1.Creditor
consents to the execution, delivery and performance by the Borrower of the Amendment and the modifications to the Loan Agreement
effected by the Amendment, as well as all other amendments and modifications to the Loan Agreement, both now existing or hereafter
arising. The Subordination Agreement shall remain in full force and effect with respect to all of Borrower’s obligations
to Bank, under the Loan Agreement as modified by the Amendment, and otherwise.


 


2.Bank
and Creditor each affirm its obligations under the Subordination Agreement, and acknowledge that the Subordination Agreement shall
govern the New Indebtedness.


 


3.Unless
otherwise defined, capitalized terms in this Affirmation shall have the meaning assigned in the Subordination Agreement. This
Affirmation may be executed in two or more counterparts, each of which shall be deemed an original, but all of which together
shall constitute one instrument.


 


[Signature
Pages Follow]


 


GridSense
Inc. – Affirmation of Subordination Agreement (April 2015)


 




    	1



    	 



    



 


IN
WITNESS WHEREOF, the undersigned have executed this Affirmation of Subordination Agreement as of the first date above written.


 


	 	“Bank”
	 	 	 
	 	SQUARE
    1 BANK
	 	 	 
	 	

        

        By:
        
	 
	 	Name: 	 
	 	Title	 


 


[Signatures
Continued on Next Page]


 


GridSense
Inc. – Affirmation of Subordination Agreement (April 2015)


 




    	2



    	 



    





 


	 	“Creditor”
	 	 	 
	 	ACORN ENERGY, INC.
	 	 	 
	 	By:	 
	 	Name:	 
	 	Title:	 


 


[Signatures
Continued on Next Page]


 


GridSense
Inc. – Affirmation of Subordination Agreement (April 2015)


 




    	3



    	 



    


 


The undersigned
approves of the terms of this Affirmation of Subordination Agreement.


 


	“Borrower”	 
	 	 	 
	GRIDSENSE INC.	 
	 	 	 
	By:	 	 
	Name:	 	 
	Title:	 	 


 


GridSense
Inc. – Affirmation of Subordination Agreement (April 2015)


 




    	4
IN THE UNITED STATES DISTRICT COURT

FOR THE SOUTHERN DISTRICT OF ALABAMA

SOUTHERN DIVISION

LETTIE MALONE ANDERSON, :

Plaintiff, : 

vs. : CIVIL ACTION NO. 10-0055-CG-N

STATE FARM FIRE AND CASUALTY :

and JAMES P. GREEN,

:

Defendants.

ORDER

After due and proper consideration of all portions of this file deemed relevant to the

issues raised, and a de novo determination of those portions of the recommendation to which

objection is made, the recommendation of the Magistrate Judge made under 28 U.S.C. §

636(b)(l)(B) and dated February 19, 2010, is ADOPTED as the opinion of this Court.

DONE and ORDERED this 17th day of March, 2010.

/s/ Callie V. S. Granade 

UNITED STATES DISTRICT JUDGE

Case 1:10-cv-00055-CG-N Document 7 Filed 03/17/10 Page 1 of 1
## F IRST 

## D ISTRICT 

## C OURT OF 

## A PPEAL 

## S TATE OF 

## F LORIDA

_____________________________
No. 1D 19

- 2548

_____________________________ A LBERT J. R OBINSON ,
Petitioner
,

v.

S TATE OF F LORIDA , Respondent

.

_____________________________

Petition for Belated Appeal

— Original Jurisdiction

.

September 18, 2019

P ER C URIAM

. The petition for belated appeal is denied as untimely. See Fla. R. App. P. 9.141(c)(5)(A).

R OWE , O STERHAUS , and K ELSEY , JJ., concur

.

_____________________________ Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331

.

_____________________________2 Albert J. Robinson, pro se
, Petitioner

. Ashley Moody, Attorney General, Tallahassee
, for Respondent

.
**Exhibit23.1**

** **

**Consent of IndependentRegistered Public Accounting Firm**

** **

The Board of Directors

MOCON, Inc.:

 

We consent to the incorporation by reference in theregistration statement (No. 33-49752, 33-58789, and 333-90116) on Form S-8 ofMOCON, Inc. of our reports dated February 24, 2006, with respect to theconsolidated balance sheets of MOCON, Inc. as of December 31, 2005 and 2004,and the related consolidated statements of income, stockholders’ equity, andcash flows for each of the years in the three-year period ended December 31,2005, and related financial statement schedule, which reports appear in theDecember 31, 2005, annual report on Form 10-K of MOCON, Inc.

 

 
|   | /s/ KPMG LLP |   |
|--------|--------------|--------|

 

 

Minneapolis, Minnesota

March 31, 2006

 

----
Electronically Filed Intermediate Court of Appeals CAAP-15-0000363 16-SEP-2016 01:38 PM
<PAGE>

    CORESTATES FINANCIAL CORP AND SUBSIDIARIES

                                                                    EXHIBIT 12.1

    COMPUTATION OF RATIO OF EARNINGS FROM CONTINUING OPERATIONS
    TO FIXED CHARGES OF CONTINUING OPERATIONS

    CONSOLIDATED

    Twelve Months Ended December 31, 1997
    -------------------------------------

    1. Income from continuing operations before extraordinary
       items and income taxes...................................... $1,082,861
                                                                    ==========

    2. Fixed charges of continuing operations:

       A. Interest expense (excluding interest on deposits),
          amortization of debt issuance costs and one-third of
          rental expenses, net of income from subleases............ $  458,977

       B. Interest on deposits.....................................    884,364
                                                                    ----------
       C. Total fixed charges (line 2A + line 2B).................. $1,343,341
                                                                    ==========

    3. Income from continuing operations before extraordinary items
       and income taxes, plus total fixed charges of continuing
       operations:

       A. Excluding interest on deposits (line 1 + line 2A)........ $1,541,838
                                                                    ==========

       B. Including interest on deposits (line 1 + line 2C)........ $2,426,202
                                                                    ==========

    4. Ratio of earnings (as defined) to fixed charges:

       A. Excluding interest on deposits (line 3A/line 2A).........      3.36%
                                                                         ====

       B. Including interest on deposits (line 3B/line 2C).........      1.81%
                                                                         ====
```

[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1555 Referred in Senate (RFS)]

<DOC>
118th CONGRESS
  2d Session
                                H. R. 1555

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                              June 4, 2024

Received; read twice and referred to the Committee on Homeland Security 
                        and Governmental Affairs

_______________________________________________________________________

                                 AN ACT

 
 To designate the facility of the United States Postal Service located 
at 2300 Sylvan Avenue in Modesto, California, as the ``Corporal Michael 
                D. Anderson Jr. Post Office Building''.

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

SECTION 1. CORPORAL MICHAEL D. ANDERSON JR. POST OFFICE BUILDING.

    (a) Designation.--The facility of the United States Postal Service 
located at 2300 Sylvan Avenue in Modesto, California, shall be known 
and designated as the ``Corporal Michael D. Anderson Jr. 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 ``Corporal 
Michael D. Anderson Jr. Post Office Building''.

            Passed the House of Representatives June 3, 2024.

            Attest:

                                             KEVIN F. MCCUMBER,

                                                                 Clerk.
```
MOCON INCENTIVE PAY PLAN
                    RESOLUTION OF THE COMPENSATION COMMITTEE


         WHEREAS, the Mocon Incentive Pay Plan was adopted on February 7, 1994,
covering the years 1994, 1995 and 1996, and this Incentive Pay Plan will expire
on December 31, 1996; and

         WHEREAS, it is desired that the Mocon Incentive Pay Plan be extended
for the calendar years 1997, 1998 and 1999, subject to terms and conditions
adopted by resolution of the Compensation Committee.

         NOW, THEREFORE, be it hereby resolved that the Mocon Incentive Pay Plan
is hereby extended for the calendar years 1997, 1998 and 1999, subject to the
following provisions, with the proviso that these provisions shall be reviewed
by the Compensation Committee at such time that Mocon may make a purchase or
acquisition of another business entity:

         1.  Total incentives to employees are not to exceed 9.0% of the net
             income before taxes and before incentives.

         2.  The CEO incentive shall be 50% of salary at goal; the actual
             incentive paid will be based on the percentage of goal achieved, up
             to a maximum of 150%.

         3.  The net income goals, before tax and incentives, for 1997, 1998 and
             1999 shall be based on the company's five year plan prepared in
             October 1996. The net income goals shall be modified by a return,
             equal to 2% less than the prime interest rate, on cash expended for
             subsequent additional dividends or stock purchases.

         4.  After the CEO's incentive has been determined for each year, the
             remaining amount available for incentives shall be distributed at
             the discretion of the CEO. For example, the incentives available 
             for distribution, at goal, will be 9.0% of the net income before
             taxes reduced by the CEO incentive of 50% of salary, leaving a
             total for discretionary incentives.

         5.  The incentives for each calendar year shall be paid in one payment
             prior to March 15 of the next following year.

         6.  Any amounts of discretionary incentives which are not distributed
             shall remain as net income for the company.


Date:  January 3, 1997
                                           COMPENSATION COMMITTEE

                                           By:/s/Paul L. Sjoquist
                                              --------------------------------

                                           By:/s/J. Leonard Frame
                                              --------------------------------
Electronically FiledIntermediate Court of AppealsCAAP-11-000002131-OCT-201201:12PM
IN THE UNITED STATES DISTRICT COURT

FOR THE SOUTHERN DISTRICT OF ALABAMA

SOUTHERN DIVISION

TERRY LYNN HAYLES, :

Plaintiff, :

 :

v. : CIVIL ACTION 09-0659-KD-C

 :

CLARKE COUNTY, AL, et al., :

Defendants. :

ORDER

After due and proper consideration of all portions of this file deemed relevant to the issues

raised, and there having been no objections filed, the Report and Recommendation of the Magistrate

Judge made under 28 U.S.C. § 636(b)(1)(B) and dated April 23, 2010 is ADOPTED as the opinion

of this Court. It is hereby ORDERED that this action is DISMISSED without prejudice.

DONE and ORDERED this the 10th day of May 2010.

/s/ Kristi K. DuBose 

KRISTI K. DuBOSE

UNITED STATES DISTRICT JUDGE

Case 1:09-cv-00659-KD-C Document 5 Filed 05/11/10 Page 1 of 1
Exhibit 10.51
                                                                         Summary

Summary of Loan  Agreement by and between  Shenzhen BAK Battery Co.,  Ltd.  (the
"Company") and Shenzhen Branch,  China Construction Bank  ("Construction  Bank")
dated December 1, 2005.

Main contents:

>>    Contract number: Jie 2005 zong 1145042R-2
>>    The loan  agreement is under  Comprehensive  Credit  Facilities  Agreement
      entered  between  the  Company  and  Construction   Bank  (Jie  2005  zong
      1145042R).
>>    Loan Principal: RMB 20 million;
>>    Loan term: six months starting from the date loan is actually  provided to
      the Company.
>>    Interest rate: fixed rate of 5.481%;
            |X|   Penalty interest rate for delayed repayment: is 8.2215%;
            |X|   Penalty  interest  rate  for  embezzlement  of loan  proceeds:
                  10.962%;
>>    Purpose of the loan is to provide working capital for the Company;
>>    Advanced repayment of loan needs to be approved by the Lender;
>>    Breach  of  contract  penalties:  suspension  of loan  unprovided,  demand
      prepayment of loan principal and interest before  maturity;  imposition of
      punitive interest;  compensation for the Lender's expenses incurred due to
      the Company's breach of contract such as lawyer's fee, travel cost in case
      of litigation, etc.

Summary of the articles omitted
>>    Types of the loan
>>    Clearing of the loan interest
>>    Plan of loan payment
>>    Validity
>>    Miscellaneous


This loan agreement is guaranteed by Irrevocable  Letter of Guaranty  entered by
and between  Xiangqian Li and  Construction  Bank (bao 2005 zong 1145042R-1) and
the  Guaranty  Contract of of  Comprehensive  Credit  Facilities  entered by and
between  BAK   International,   Ltd.  and  Construction   Bank  (bao  2005  zong
1145042R-2).
IN THE SUPREME COURT OF PENNSYLVANIA 

MIDDLE DISTRICT 

BRADLEY W. WEBB, 

 Petitioner 

 v. 

WAYNE J. GAVIN, SUPERINTENDENT; 

PENNSYLVANIA BOARD OF 

PROBATION AND PAROLE, 

 Respondent 

:

:

:

:

:

:

:

:

:

:

:

:

:

No. 110 MM 2014 

ORDER 

PER CURIAM 

AND NOW, this 12th day of September, 2014, the Application for Leave to File 

Original Process is GRANTED, and the Petition for Writ of Habeas Corpus is DENIED.
Exhibit 10.3

SECOND AMENDMENT 

TO 

AMENDED AND RESTATED

EMPLOYMENT AGREEMENT

This Second Amendment (“Amendment”) to the Amended and Restated Employment Agreement (the “Executive Agreement”) between Goodman Networks Incorporated (the “Company”) and Jason A. Goodman (the “Executive”) is effective as of January 1, 2015 (the “Amendment Effective Date”).

WHEREAS, the Company and Executive entered into an Executive Agreement on February 1, 2013 and amended such Executive Agreement in April 2014;

WHEREAS, the Company and the Executive desire to amend and/or supplement certain provisions of the Executive Agreement, as provided herein;

NOW, THEREFORE, in consideration of the mutual promises and agreements contained herein and other good and valuable consideration, the Company and Executive agree as follows:

Section 4.2(b) entitled Retention Compensation is deleted in its entirety and any reference to “Retention Bonus” throughout the Executive Agreement is deleted.  Section 4.2, subsection (b) of the Executive Agreement provided as follows: 

“Retention Compensation: The Company shall pay Employee an annual retention bonus, payable on December 31st of each calendar year during the Term, equal to 75% of the annualized Base Salary grossed up for federal, state, and local income and employment taxes (assuming the highest marginal tax rate), so that Employee shall receive an amount equal to 75% of the annualized Base Salary as if there were no federal, state, and local income tax and employment tax liability for such bonus (collectively, the “Retention Bonus”).

Except as specifically set forth herein, no other provision of the Executive Agreement is amended, modified, or supplemented hereby.  

[Signature Page to Follow]

 







 

IN WITNRESS WHEREOF, the parties have executed this Amendment as of the date first set forth above.

 


	
THE EXECUTIVE
	
 
	
Goodman Networks Incorporated

	
 
	
 
	
 
	
 

	
/s/ Jason A. Goodman
	
 
	
By:
	
/s/ Monty West

	
Jason A. Goodman
	
 
	
Title:
	
24 April 2015




 

2
UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF ALABAMA

SOUTHERN DIVISION

BERNICE MUHAMMAD, )

 )

Plaintiff, )

 )

vs. ) 1:10-CV-00096-SC

 )

OPTION ONE MORTGAGE CORP., )

et al., )

 )

Defendant. )

ORDER

The Court has for consideration Plaintiff’s “Civil Investigative Demand,”

which was filed April 30, 2010. (Doc. 67.) Plaintiff’s demand is DENIED. The

Court hereby STAYS, until further notice, all filings and proceedings in this case,

except for the filing of motions to dismiss or other responsive pleadings; briefs

in support of, or opposition to, motions to dismiss; and motions specifically

related to the briefing of motions to dismiss (i.e., page limits, extensions of

time, motions to strike). Filings made in violation of the stay will be stricken.

Done this 4th day of May 2010.

 ____________ 

L. SCOTT COOGLER

UNITED STATES DISTRICT JUDGE

139297

Page 1 of 1

Case 1:10-cv-00096-SC-M Document 72 Filed 05/04/10 Page 1 of 1
#### Richard CASS, Plaintiff-Appellant, v. ALLSTATE INSURANCE COMPANY, Defendant-Appellee.

No. 99-17479.

D.C. No. CV-98-585-PMP/RLH.

United States Court of Appeals, Ninth Circuit.

Argued and Submitted April 11, 2001.

Decided May 17, 2001.

*502Before BEEZER, O’SCANNLAIN and W. FLETCHER, Circuit Judges.

MEMORANDUM *

Plaintiff Richard Cass, a former employee of defendant Allstate Insurance Company (“Allstate”), appeals the district court’s summary judgment in favor of Allstate on his age discrimination, racial discrimination and constructive discharge claims.

The district court acknowledged that Allstate had articulated two separate reasons for transferring Cass: (1) his alleged communication difficulties; and (2) the Investigation Unit’s need for an experienced investigator. These are two fundamentally different reasons. While it may be that both these justifications for the transfer are true, it may also be that the proffered explanations are pretextual, “for one who tells the truth need not recite different versions of the supposedly same event.” *Payne v. Norwest Corp.,*113 F.3d 1079, 1080 (9th Cir.1997).

On this record, Cass has produced adequate evidence to allow a reasonable fact-finder to conclude that Allstate’s proffered reasons were false. Allstate initially blamed Cass for making his transfer necessary due to his purported shortcomings in communicating with new employees. A reasonable jury could find it inconsistent that, according to Allstate, it transferred Cass to a position involving intensive training and supervision of a new and overwhelmed employee in part because of his difficulty communicating with new employees. That determination is not appropriate at the summary judgment stage. *Washington v. Garrett,*10 F.3d 1421, 1433 (“[T]here will always be a question for the factfinder once a plaintiff establishes a prima facie case and raises a genuine issue as to whether the employer’s explanation for its action is true. Such a question cannot be resolved on summary judgment.”).1

REVERSED AND REMANDED for trial.

*

 This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by 9th Cir. R. 36-3.

1

. Because of our disposition on the pretext issue, we do not address Cass's evidentiary arguments.
IN THE UNITED STATES DISTRICT COURT FOR THE

SOUTHERN DISTRICT OF ALABAMA

SOUTHERN DIVISION

CHE DECHAUNE MARKS, :

Plaintiff, :

vs. : CIVIL ACTION 09-0829-WS-C

OFFICER MCCARTHEY, :

Defendant. :

ORDER

After due and proper consideration of all portions of this file deemed relevant to

the issues raised, and there having been no objections filed, the Report and

Recommendation of the Magistrate Judge made under 28 U.S.C. § 636(b)(1)(B) is

ADOPTED as the opinion of this Court. It is ORDERED that this action be and is hereby

dismissed without prejudice.

DONE this 23rd day of March, 2010.

s/WILLIAM H. STEELE 

CHIEF UNITED STATES DISTRICT JUDGE

Case 1:09-cv-00829-WS-C Document 5 Filed 03/23/10 Page 1 of 1