alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
EX-4.3



 Exhibit 4.3 

AMERICAN WATER CAPITAL CORP. 

OFFICERS’ CERTIFICATE 

AUGUST 13, 2015 
 3.400% SENIOR
NOTES DUE 2025 
 PURSUANT TO SECTIONS 102 AND 301 OF THE INDENTURE IDENTIFIED BELOW 

The undersigned officers of American Water Capital Corp., a Delaware corporation (the “Company”), pursuant to Sections 102 and 301 of the Indenture,
dated as of December 4, 2009 (the “Indenture”, and unless otherwise defined herein, capitalized terms shall have the meanings ascribed to them therein), between the Company and Wells Fargo Bank, National Association, as Trustee, do
hereby certify as follows: 
  

	1)	There is hereby authorized to be issued under the Indenture debt securities in the aggregate principal amount of $225,000,000 (the “Additional Securities”) which shall constitute a further issuance of, and be
consolidated to form a single series with, the $300,000,000 aggregate principal amount of the Company’s “3.400% Senior Notes due 2025” that were previously issued on August 14, 2014; 


 

	2)	The undersigned have read the provisions of the Indenture relating to the authentication and delivery of securities thereunder, including Sections 201, 301 and 303 thereof and the definitions relating thereto;


  

	3)	The undersigned have read the Board Resolutions authorizing the issuance of the Additional Securities and the taking of any action by such officers of the Company in connection therewith, and have made such
investigation or examination as is necessary, in the opinion of the undersigned, to enable the undersigned to express an informed opinion as to whether the covenants and conditions precedent to the action to be taken by the Trustee in authenticating
and delivering Additional Securities under the Indenture have been complied with; 

  

	4)	In the opinion of the undersigned, such covenants and conditions precedent have been complied with; and 

  

	5)	The Additional Securities are “Debt” under the Support Agreement, dated June 22, 2000 and amended as of July 26, 2000, between American Water Works Company, Inc. and the Company. 








 IN WITNESS WHEREOF, we have hereunto signed our names as of the date first written above. 

 

					
	By:	 	/s/ Deborah A. Degillio
		 	Name:	 	Deborah A. Degillio
		 	Title:	 	Vice President and Treasurer


  

					
	By:	 	/s/ Jeffrey M. Taylor
		 	Name:	 	Jeffrey M. Taylor
		 	Title:	 	Secretary
---

CERTIFICATION OFCHIEF EXECUTIVE OFFICER AND CHIEF
FINANCIAL OFFICER PURSUANT TO18 U.S.C. SECTION 1350, AS
ADOPTED PURSUANT TOSECTION 906 OF THE SARBANES-OXLEY ACT OF
2002



I, Bernie J. Hoing, the Chief Executive Officer and Chief
Financial Officer of Pengram Corporation (the Company), hereby certify
pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the
Sarbanes-Oxley Act of 2002, that, to the best of my knowledge:

| | (i)  | the Annual Report on Form 10-KSB of the Company, for the
      fiscal year ended November 30, 2007, and to which this certification is
      attached as Exhibit 32.1 (the Report) fully complies with the
      requirements of Section 13(a) or 15(d) of the Securities Exchange Act of
      1934, as amended; and
| | ---- | -----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
| |      |                                                                                                                                                                                                                                                                                                                        
| | (ii) | the information contained in the Report fairly presents,
      in all material respects, the financial condition and results of
      operations of the Company.                                                                                                                                                       



| | By:    | /s/
      Bernie J. Hoing  
| | ------ | ---------------------------
| |        |                            
| | Name:  | BERNIE J. HOING            
| |        |                            
| | Title: | Chief Executive Officer and
| |        | Chief Financial Officer    
| |        |                            
| | Date:  | March 6, 2008              



A signed original of this written statement required by
Section 906 of the Sarbanes-Oxley Act of 2002 has been provided to the Company
and will be retained by the Company and furnished to the Securities and Exchange
Commission or its staff upon request.

This certification accompanies the Form 10-KSB to which it
relates, is not deemed filed with the Securities and Exchange Commission and is
not to be incorporated by reference into any filing of the Company under the
Securities Act of 1933 or the Securities Exchange Act of 1934 (whether made
before or after the date of the Form 10-KSB), irrespective of any general
incorporation language contained in such filing.

---
SCWC-11-0001060

IN THE SUPREME COURT OF THE STATE OF HAWAI#I

 

ANTHONY K. SELVAGE, Respondent/Plaintiff-Appellee,

vs.

LAURA MOIRE, Petitioner/Defendant-Appellant.

 

CERTIORARI TO THE INTERMEDIATE COURT OF APPEALS

(CAAP-11-0001060; FC-D NO. 08-1-0252)

ORDER ACCEPTING APPLICATION FOR WRIT OF CERTIORARI

(By: Recktenwald, C.J., Nakayama, McKenna, Pollack, and Wilson, JJ.)

Petitioner/Defendant-Appellant Laura Moire’s

application for writ of certiorari filed on September 29, 2015,

is hereby accepted and will be scheduled for oral argument. The

parties will be notified by the appellate clerk regarding

scheduling. 

DATED: Honolulu, Hawai#i, November 10, 2015.

Samuel P. King, Jr.,

for petitioner

Peter Van Name Esser

for respondent

/s/ Mark E. Recktenwald

/s/ Paula A. Nakayama

/s/ Sabrina S. McKenna

/s/ Richard W. Pollack

/s/ Michael D. Wilson

Electronically Filed

Supreme Court

SCWC-11-0001060

10-NOV-2015

08:37 AM
EXHIBIT 32
----------

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  First   Litchfield   Financial
Corporation (the "Company") on Form 10-Q for the period ending March 31, 2008 as
filed with the  Securities  and  Exchange  Commission  on the date  hereof  (the
"Report"),  we, Joseph J. Greco,  President and Chief  Executive  Officer of the
Company,  and Carroll A. Pereira,  Principal  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, 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.

/s/ Joseph J. Greco                              /s/ Carroll A. Pereira
-------------------                              ----------------------
Joseph J. Greco                                  Carroll A. Pereira
President and Chief Executive Officer            Principal Financial Officer
May 14, 2008                                     May 14, 2008

The foregoing  certificate  is furnished  solely for purposes of complying  with
Section  906 of the  Sarbanes-Oxley  Act  of  2002  and  for  no  other  purpose
whatsoever.  Notwithstanding anything to the contrary set forth herein or in any
of the Company's  previous filings under the Securities Act of 1933, as amended,
or the Securities  Exchange Act of 1934, as amended,  that might incorporate the
Company's  future  filings,  including  this Report on Form 10-Q, in whole or in
part,  this  Certificate  shall not be  incorporated  by reference into any such
filings.

                                       32
[Federal Register Volume 80, Number 4 (Wednesday, January 7, 2015)]
[Notices]
[Pages 919-920]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-00094]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration


Sunshine Act Meetings; Unified Carrier Registration Plan Board of 
Directors

AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.

ACTION: Notice of Unified Carrier Registration Plan Board of Directors 
meeting.

-----------------------------------------------------------------------

[[Page 920]]


TIME AND DATE:  The meeting will be held on January 22, 2015, from 
12:00 Noon to 3:00 p.m., Eastern Standard Time.

PLACE:  This meeting will be open to the public via conference call. 
Any interested person may call 1-877-422-1931, passcode 2855443940, to 
listen and participate in this meeting.

STATUS:  Open to the public.

MATTERS TO BE CONSIDERED:  The Unified Carrier Registration Plan Board 
of Directors (the Board) will continue its work in developing and 
implementing the Unified Carrier Registration Plan and Agreement and to 
that end, may consider matters properly before the Board.

FOR FURTHER INFORMATION CONTACT: Mr. Avelino Gutierrez, Chair, Unified 
Carrier Registration Board of Directors at (505) 827-4565.

    Issued on: December 30, 2014.
Larry W. Minor,
Associate Administrator, Office of Policy, Federal Motor Carrier Safety 
Administration.
[FR Doc. 2015-00094 Filed 1-5-15; 4:15 pm]
BILLING CODE 4910-EX-P
#### The People of the State of New York, Respondent, v Alex Ramos, Also Known as Albert Lugo, Appellant.

[825 NYS2d 222]

Judgment, Supreme Court, New York County (Renee A. White, J.), rendered September 12, 2000, convicting defendant, after a jury trial, of rape in the first degree, kidnapping in the second degree, sodomy in the first degree, attempted rape in the first degree (two counts), attempted sodomy in the first degree and sexual abuse in the first degree (four counts), and sentencing him, as a second violent felony offender, to an aggregate term of 148 years, and order, same court and Justice, entered on or about July 27, 2001, which denied defendant’s CPL 440.10 motion to vacate the judgment, unanimously affirmed.

The court did not deprive defendant of his right to represent himself. Defendant never made an unequivocal request to do so *(see e.g. People v Kelly,*14 AD3d 390 [2005], *lv denied*4 NY3d 832 [2005]). Although, at times, defendant used the expression “pro se,” the context reveals that he was requesting permission to place matters on the record personally, rather than requesting to proceed pro se for all purposes *(see People v Lewis,*253 AD2d 698 [1998], *lv denied*92 NY2d 983 [1998]). In each instance, the court permitted him to speak, and the proceedings continued without incident. Even assuming that defendant’s statements could be viewed as applications for permission to represent himself, defendant did nothing to call the court’s attention to its failure to rule on such applications, and thus he abandoned the issue *(see People v Graves,*85 NY2d 1024, 1027 [1995]; *People v Brimage,*214 AD2d 454 [1995], *lv denied*86 NY2d 732 [1995]; *see also People v Hirschfeld,*282 AD2d 337, 338-339 [2001], *lv denied*96 NY2d 919 [2001], *cert denied*534 US 1082 [2002]).

Defendant received effective assistance of counsel under the state and federal standards *(see People v Benevento,*91 NY2d *248708, 713-714 [1998]; *see also Strickland v Washington,*466 US 668 [1984]), and the court properly denied his CPL 440.10 motion raising that issue. Nothing in the trial record, or in defendant’s submissions on the motion, suggests that he was mentally incompetent to stand trial, or that his counsel should have requested a CPL article 730 examination or considered raising any type of psychiatric defense. Defendant predicates his arguments in this regard on the fact that in furtherance of his crimes, as well as in his dealings with law enforcement authorities, defendant impersonated a famous boxer. While defendant now asserts that he was exhibiting a delusion that he actually was that boxer, there is nothing to support that assertion. Instead, there is every indication that defendant’s impersonation of the boxer was his chosen modus operand!

There is no merit to defendant’s challenge to the sufficiency and weight of the evidence supporting one of his attempted rape convictions *(see People v Pereau,*64 NY2d 1055 [1985]).

We perceive no basis for reducing the sentence. Concur— Buckley, BJ., Mazzarelli, Gonzalez, Sweeny and Catterson, JJ.
OFFICE OF THE ATTORNEY GENERAL OF TEXAS 

AUSTIN 

fionorable Fixnk D. c;uipn 

Brsoutlr6 Ssqretary~ 

Texas State Parks tjeard 

Austin, Texas .., 

Dear Sir: 

authority. be ~ecure~?~ 

iYe have been unable to find any legielativs 6Ct 

authorizing the Texas state Farit, Roard to lease any State 

~i'ark for oil end @OS. It Is B well settled rule that public 
I 

officers and odminlstratlve acd governmental boards poeeeee 

only euah powers as are expresely oonferred upon them by law 

or am n4c4esarllp Implied from the powers eo conisrred. 34 

Tex. JUC. 440. 

The Texas State Farks Board la aa agenoy of the 

state an4 la authorized to so~loit~donatlon to ~tho State or 

traoto of ,land to be usd by the State ror the purpoes or 

gubllo parks and/or reoreatfon areas. tmtiole 6068 V.A.C.;. 

iiothing in, the dot oreat.1~ suoh Board expressly authorizes 

it to exeoute 0~11 and gas leases, end suoh power oan not be 

implied from ita pouere expreesly granted to Weoll~ft donation to the State of tracts of land . . . to be used by tha 

.'itat.e for the purpose of publia parka and/or reoreation areae 

c . . . . $4 anewer your flrret queatlo:~, nb. 

Se have been able to find only two Acts of the 

I.e~ielafure authorizing any agenop of the State to execute 

011 and gas leaees..upon State Fark lands. F1r:s.t. Bouae El11 

Yo. 711, Ch, 198, p. 430, Acta R. S. of the rllst Legislature, 

1929, (Art. !!Wlb V. A. C. 5;) authorizes the 'Commlisslonsr of 

the General L&d Office to lease all jmbllc lands l'yin,& beneath or adjacent to the waters of Caddo Lake for rafnerel purp0tWJ5. Cad&o Lake is a'Stat F8rk ud0T your Jurladlctlon. 

SeCOUd, SeWit S1iiplO. 84, Ch. 32, p. 55, AOtg of ' 

t.%e 41at Le&latare, Fourth Called Seaslon, 1950 (Article 

3lS& V. A. C. S.) oreatad'a board and authorleed ,it.to lease 

lands of the mite whloh were owned or held 6% Stete~Eleemosynary and State ?.?emorlal Fark rends. The Tetia State,iarka 

T,@ard doee not have Jurlmdlatlon over Memorlsl Fark?. 

In.anewer to your rroond question, 15 the sbrenoo 

of any exp?esr le&ielative euthorlty, exoeptwith rererenae 

to Caddo Lake State Parkk, we do not believe any Sta$e agaaoy 

&s nutborlty to lean4 any other State i'ark under goui Juri8- 

dlctloa tar oil and gee purpoae6, and that lvwill take an act 

or the Legislature to confer such authority. 

Trueting that the above fully enmere your questlona, 

.=a2 6x-e
<PAGE>

                                                                    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 Annual Report of Superior Galleries, Inc. (the
"Company") on Form 10-K for the fiscal year ended June 30, 2005, as filed with
the Securities and Exchange Commission on the date hereof (the "Report"), I,
Paul Biberkaut, 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 to the best of 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/ Paul Biberkraut
                                     ----------------------------------------
                                     Paul Biberkraut, Chief Financial Officer
                                     August 10, 2005


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

         This certification accompanies this Report pursuant to Section 906 of
the Sarbanes-Oxley Act of 2002 and shall not be deemed filed by the Company for
purposes of Section 18 of the Securities Exchange Act of 1934, as amended, and
are not to be incorporated by reference into the Report or any other filing of
the Company, whether made before or after the date hereof, regardless of any
general incorporation language in such filing.
EXHIBIT 32



<PAGE>

                                  CERTIFICATION

     In connection with the Annual Report of Whispering Oaks International, Inc.
(the "Company") on Form 10-K for the year ending December 31, 2008 as filed with
the Securities and Exchange  Commission  (the  "Report"),  Dr. Ricardo Moro, the
Principal Executive and Financial Officer of the Company, certifies, pursuant to
18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley
Act of 2002, that to the best of his 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 the Company.


Date:  March 27, 2009          By: /s/ Dr. Ricardo Moro
                                   --------------------------------------
                                   Dr. Ricardo Moro, Principal Executive and
                                   Financial Officer
#### In the Matter of New York Charter Schools Association, Inc., et al., Appellants, v Thomas P. DiNapoli, as Comptroller of the State of New York, et al., Respondent.

Submitted May 4, 2009;

decided May 7, 2009

Motion by New York State United Teachers for leave to file a brief amicus curiae on the appeal herein granted and the proposed brief is accepted as filed. Three copies of the brief must be served and an original and 24 copies filed within seven days.
Exhibit 32b

Certification Pursuant to Section 1350 of Chapter 63 of Title 18of the United States Code

I, Morton A. Plawner, Chief Financial Officer of PSE&G Transition Funding LLC, to the best of my knowledge, certify that (i) the Annual Report of PSE&G Transition Funding LLC on Form 10-K for the year ended December
31, 2007 (the "Periodic Report") 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 the Periodic Report fairly presents, in all material respects, the financial
condition and results of operations of PSE&G Transition Funding LLC.

/s/
	MORTONA. PLAWNERMorton A. PlawnerChief Financial OfficerMarch 14, 2008


---
#### Crescent Electric Supply Company, Inc., of New York, Respondent, v Travelers Casualty and Surety Company of America et al., Appellants, et al., Defendant. Michael J. Barnaby, Nonparty Appellant.

[974 NYS2d 799]

In an action, inter alia, to recover damages for breach of contract, the defendants Travelers Casualty and Surety Company of America and Anderson Electric, Inc., and their attorney, the nonparty Michael J. Barnaby, appeal, as limited by their brief, from so much of an order of the Supreme Court, Westchester County (Lefkowitz, J.), dated April 12, 2010, as granted that branch of the plaintiffs motion which was for an award of costs, including an attorney’s fee, payable by Michael J. Barnaby pursuant to 22 NYCRR 130-1.1, and granted that branch of the plaintiffs motion which was pursuant to CPLR 3126 to strike the answer of the defendants Travelers Casualty and Surety Company of America and Anderson Electric, Inc., to the extent of conditionally striking that answer unless those defendants produced certain documents on or before May 10, 2010, and completed all depositions on or before June 28, 2010.

Ordered that the order is affirmed insofar as appealed from, with costs.

Under the circumstances of this case, the Supreme Court providently exercised its discretion in awarding the plaintiff costs, including an attorney’s fee, payable by the nonparty Michael J. Barnaby, the attorney for the defendants Travelers Casualty and Surety Company of America and Anderson Electric, Inc. (hereinafter the Travelers defendants), for Barnaby’s frivolous conduct *(see*22 NYCRR 130-1.1; *Seaman v Wyckoff Hgts. Med. Ctr., Inc., 25*AD3d 598 [2006]; *Barco Auto Leasing Corp. v Thornton,*298 AD2d 341 [2002]).

*660The Supreme Court also providently exercised its discretion in conditionally striking the answer of the Travelers defendants for their willful and contumacious conduct in repeatedly failing to comply with court-ordered discovery, coupled with inadequate explanations for these defaults *(see*CPLR 3126; *Maignan v Nahar,*37 AD3d 557 [2007]). Rivera, J.P, Skelos, Chambers and Hall, JJ., concur.
Document Headings

                    Document headings vary by document type but may contain                    the following:                  
                -                       the agency or agencies that issued and signed a document                    
                -                       the number of the CFR title and the number of each part                      the document amends, proposes to amend, or is directly                      related to                    
                -                       the agency docket number / agency internal file number                    
                -                       the RIN which identifies each regulatory action listed in                      the Unified Agenda of Federal Regulatory and Deregulatory                      Actions                    

                    See the                                          Document Drafting Handbook                                        for more details.                  

###### Federal Reserve System

This notice corrects a notice (FR Doc. 2014-30354) published on page 78436 of the issue for Tuesday, December 30, 2014.

Under the Federal Reserve Bank of Kansas City heading, the entry for American Bancorporation, Inc., Sapulpa, Oklahoma, is revised to read as follows:      ( print page 226)    

1. *American Bancorporation, Inc.,* Sapulpa, Oklahoma; to acquire 100 percent of the voting shares of Pawhuska Financial Corp., and thereby indirectly acquire First National Bank in Pawhuska, both in Pawhuska, Oklahoma.

Comments on this application must be received by January 20, 2015.

Board of Governors of the Federal Reserve System, December 30, 2014.

Michael J. Lewandowski,

Associate Secretary of the Board.

[FR Doc. 2014-30814 Filed 1-2-15; 8:45 am]

BILLING CODE 6210-01-P