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



Exhibit 99.3 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 Extendicare Inc. (the Company) on
Form 6-K for the period ending March 31, 2004 (the Report) each of the
undersigned officers of the Company certify solely for purposes of complying
with 18 U.S.C. § 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 the
Company. /s/ Mel RhinelanderMel RhinelanderPresident and Chief Executive OfficerMay 13, 2004/s/ Mark W. DurishanMark W. DurishanVice President, Finance and Chief Financial OfficerMay 13, 2004
 A signed original of this written statement required by Section 906 has been
provided to Extendicare Inc. and will be retained by the Company and furnished
to the Securities and Exchange Commission or its staff upon request. 27
#### The People of the State of New York ex rel. James Curry, Appellant, v James Conway, Superintendent of Attica Correctional Facility, Respondent.

Submitted June 15, 2009;

decided September 8, 2009

Motion for leave to appeal dismissed upon the ground that it does not lie from the order of an individual Justice of the Appellate Division *(see*NY Const, art VI, § 3; CPLR 5602).
<TABLE> <S> <C>

<ARTICLE> 5
<MULTIPLIER> 1
<CURRENCY> U.S. DOLLARS

<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                          DEC-31-2000
<PERIOD-START>                             JAN-01-2000
<PERIOD-END>                               MAR-31-2000
<EXCHANGE-RATE>                                      1
<CASH>                                          22,450
<SECURITIES>                                   286,863
<RECEIVABLES>                                        0
<ALLOWANCES>                                         0
<INVENTORY>                                          0
<CURRENT-ASSETS>                               310,509
<PP&E>                                               0
<DEPRECIATION>                                       0
<TOTAL-ASSETS>                                 395,259
<CURRENT-LIABILITIES>                                0
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                    109,356
<COMMON>                                         4,851
<OTHER-SE>                                   (970,158)
<TOTAL-LIABILITY-AND-EQUITY>                   395,259
<SALES>                                              0
<TOTAL-REVENUES>                                     0
<CGS>                                                0
<TOTAL-COSTS>                                        0
<OTHER-EXPENSES>                                 7,345
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                   0
<INCOME-PRETAX>                              (144,930)
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                          (144,930)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                               (42,445)
<CHANGES>                                            0
<NET-INCOME>                                 (102,485)
<EPS-BASIC>                                        .01
<EPS-DILUTED>                                      .01


</TABLE>
##### 



FORM 6-K
 SECURITIES AND EXCHANGE COMMISSION
 Washington, D.C. 20549
 Report of Foreign Private Issuer
 Pursuant to Rule 13a-16 or 15d-16
of the Securities Exchange Act of 1934
 ,    2005
 00-30082
 Envoy Communications Group Inc.
  172 John Street, Toronto, Ontario, Canada M5T 1X5
    Form 20-F   þ
    
    Form 40-F   o
 
 
  Yes   o
    
    No   þ
 
   Signatures
  Envoy Communications Group Inc.
(Registrant)By:
    /s/   Geoffrey B. GenoveseName:
    Geoffrey B. GenoveseTitle:
    President, Chairman and
Chief Executive Officer




---



##### 



Exhibit Index
 Exhibit
    
    Description99.1
    
    Press release on Normal Course Issuer Bid.
Exhibit 32.1

** **

** **

**Certification of CEO andCFO**

**Pursuant to 18 U.S.C.Section 1350,**

**AsAdopted Pursuant to**

**Section 906 of theSarbanes-Oxley Act of 2002**

 

 

 

In connection with theQuarterly Report on Form 10-Q of Shelter Properties II (the "Partnership"), forthe quarterly period ended September 30, 2008 as filed with the Securities andExchange Commission on the date hereof (the "Report"), Martha L. Long, as theequivalent of the chief executive officer of the Partnership, and Stephen B.Waters, as the equivalent of the chief financial officer of the Partnership,each hereby certifies, pursuant to 18 U.S.C. Section 1350, as adopted pursuantto Section 906 of the Sarbanes-Oxley Act of 2002, that, to the best of hisknowledge:

 

 

(1)   The Reportfully complies with the requirements of Section 13(a) or 15(d) of the SecuritiesExchange Act of 1934; and

 

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

 

 

 

 

This certification is furnished with thisReport pursuant to Section 906 of the Sarbanes-Oxley Act of 2002 and shall notbe deemed filed by the Partnership for purposes of Section 18 of the SecuritiesExchange Act of 1934, as amended.
#### The People of the State of New York, Respondent, v George Davis, Appellant.

Submitted March 9, 2009;

decided March 26, 2009

Motion for assignment of counsel granted and Richard M. Greenberg, Esq., Office of the Appellate Defender, 11 Park Place, Suite 1601, New York, NY 10007 assigned as counsel to the appellant on the appeal herein.
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 Annual Report of Bioheart, Inc. (the "Company") on
Form 10-K for the fiscal year ended December 31, 2009 as filed with the Securities and Exchange Commission on the date
hereof (the "Report"), I, Karl E. Groth, 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; and  (2) The information contained in the Report fairly presents, in all material respects, the financial condition and results of operations of the Company.     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.  The foregoing certification is being furnished solely to accompany the Report pursuant to 18
U.S.C. section 1350 and is not being filed for purposes of Section 18 of the Securities Exchange Act of 1934, as
amended, and is not to be incorporated by reference into any filing of the Company, whether made before or after the
date hereof, regardless of any general incorporation language in such filing.   By: /s/ Karl E. Groth Karl E. Groth Chief Executive Officer March 31, 2010   /s/ Peggy A. Farley Peggy A. Farley Principal Executive Officer and Principal Financial and Accounting Officer March 31, 2010
Exhibit 10.24


AMENDMENT TO DRS
TECHNOLOGIES, INC.

2006 OMNIBUS PLAN


This Amendment, dated as of April 5, 2007, is
made to the DRS Technologies, Inc. 2006 Omnibus Plan (the “Plan”). Capitalized
terms used but not defined herein have the meanings ascribed to them in the
Plan.


WHEREAS, DRS Technologies, Inc. has previously
adopted the Plan;


WHEREAS, pursuant to Section 21 of the Plan, the
Board of Directors (the “Board”) of DRS Technologies, Inc. (the “Company”)
has authority to amend the Plan;


WHEREAS, upon recommendation by the Executive
Compensation Committee, the Board has on April 5, 2007 amended the Plan in
the following respects;


NOW THEREFORE, this
Amendment to the Plan is adopted effective as of April 5, 2007:


1.    Section 2(n) of
the Plan is amended to read as follows:


“(n) The “Fair Market Value” of a share of
Company Stock, as of a date of determination, shall mean (1) the closing
sales price per share of Company Stock on the national securities exchange on
which such stock is principally traded on such date of determination (or, if
there is no reported sale on such date, on the last preceding date on which any
reported sale occurred), or (2) if the shares of Company Stock are not
then listed on the New York Stock Exchange, the closing price as reported by
the Nasdaq Stock Market on such date of determination (or, if there is no
reported sale on such date, on the last preceding date on which any reported
sale occurred), or (3) if the shares of Company Stock are not then listed
on a national securities exchange or traded in an over-the-counter market or
the value of such shares is not otherwise determinable, such value as
determined by the Committee in good faith and in accordance with Section 409A
of the Code.”


This Amendment is effective as of the date first set
forth above. Except as amended hereunder, all other terms and conditions of the
Plan shall remain in full force and effect.
#### In the Matter of Robert J. Castagnola, Respondent, v Laurie J. Muller, Appellant. (Proceeding No. 1.) In the Matter of Laurie J. Muller, Appellant, v Robert J. Castagnola, Respondent. (Proceeding No. 2.)

[963 NYS2d 681]

In two related child custody and visitation proceedings pursuant to Family Court Act article 6, the mother appeals, as limited by her brief, from so much of an order of the Family Court, Nassau County (LoPresti, Ct. Atty. Ref.), dated February 17, 2012, as, after a hearing, in effect, granted her application to suspend visitation between the father and the child only to the extent of directing supervised, therapeutic visitation between the father and the child.

Ordered that the order is affirmed insofar as appealed from, without costs or disbursements.

When making a determination with respect to visitation, the most important factor is the best interests of the child *(see Mat*
      *955
      *ter of Taylor v Taylor,*77 AD3d 669, 669 [2010]; *Matter of Balgley v Cohen,*73 AD3d 1038 [2010]; *Matter of Shockome v Shockome,*53 AD3d 618, 619 [2008]). Since “[a] noncustodial parent is entitled to meaningful visitation,” the “denial of that right must be based on substantial evidence that visitation would be detrimental to the welfare of the child” *(Matter of Sinnott-Turner v Kolba,*60 AD3d 774, 775 [2009]). Contrary to the mother’s contention, the determination of the Family Court that directing therapeutic visitation between the father and the child was in the child’s best interests has a sound and substantial basis in the record *0see Matter of Thompson v Yu-Thompson,*41 AD3d 487, 488 [2007]). Thus, we decline to disturb it.

Rivera, J.E, Dickerson, Leventhal and Hinds-Radix, JJ., concur.
#### In the Matter of Danny Echevarria, Appellant, v Patricia D. Marks, Monroe County Court Judge, Respondent.

Submitted February 23, 2009;

decided May 5, 2009

*829Motion for leave to appeal granted. Motion for a stay denied as unnecessary upon the ground that respondent has represented that she will not move forward with appellant’s case pending disposition of this appeal.
#### Robert DAGGS, Plaintiff, v. PERIODICAL PUBLISHERS’ SERVICE BUREAU, INC., Defendant.

Civ. No. 10473.

United States District Court D. Connecticut.

Oct. 1, 1964.

Ivan M. Schaffel, New Haven, Conn., for plaintiff.

Morris Tyler, Gumbart, Corbin, Tyler & Cooper, New Haven, Conn., for defendant.

ZAMPANO, District Judge.

The plaintiff brings this action in equity to recover money damages and to reform or rescind an employment contract he entered into with the defendant on January 1, 1962.

Defendant, pursuant to Rule 12(f) of the Federal Rules of Civil Procedure, 28 U.S.C.A., moves to strike all or part of the allegations in paragraphs 11, 13 and 14 of the Complaint and paragraph I of the prayer for relief.

Paragraphs 11 and 13 refer to plaintiff’s employment as “involuntary servitude” and “slavery”; paragraph 14 characterizes certain acts as “unfair, unreasonable, unconscionable, inequitable and confiscatory”; and paragraph I of the prayer for relief uses the terms “unconscionable, unfair and inequitable”.

The Complaint is not a model of simplicity and brevity. Portions of it abound in synonymical phraseology contrary to the dictates of concise and direct *49pleadings contemplated by the Federal Rules.

' If the case were to be tried to a jury, this Court would have little hesitancy in requiring the plaintiff to redraft his Complaint, eliminating ad hominem characterizations and verbosity. In its present posture, however, the case will be tried to the Court. No prejudice will result to the defendant if the allegedly offending allegations are permitted to remain in the Complaint. Moreover, plaintiff, in his brief, informs the Court that “The crux of this case is slavery. Slavery is the basis and substance of the claim herein.” Perhaps plaintiff is attempting to advance some cause of action based on the constitutional proscription of slavery. Whether he is or not, and whether a contract service can be the subject of such a claim, will best be determined as the pleadings and discovery proceedings progress. At this stage of the case, these potentially distinct claims should not be foreclosed by a ruling that the plaintiff’s terminology is redundant and impertinent.

Accordingly, the motion is denied.
EX-35.2
(logo) WELLS FARGO

Corporate Trust Services
MAC N2702-011
9062 Old Annapolis Road
Columbia, MD 21045
410 884-2000
410 715-2380 Fax

Wells Fargo Bank, N.A.


Greenwich Capital Acceptance, Inc
600 Steamboat Road
Greenwich, CT 06830


RE: Annual Statement as to Compliance

The undersigned, a duly authorized officer of Wells Fargo Bank, National
Association ("Wells Fargo"), hereby certifies as follows for the calendar year
2007 or applicable portion thereof (the "Reporting Period"):

(a) a review of Wells Fargo's activities as Trustee under the servicing
agreement(s) listed on Schedule A hereto (the "Servicing Agreement(s)") has
been made under my supervision; and

(b) to the best of my knowledge, based on such review Wells Fargo has fulfilled
all of its obligations under the Servicing Agreement(s) in all material respects
throughout the Reporting Period.


March 1, 2008
/s/ Diane Courtney
DIANE COURTNEY
Vice President


(page)


(logo) WELLS FARGO

Corporate Trust Services
MAC N2702-011
9062 Old Annapolis Road
Columbia, MD 21045
410 884-2000
410 715-2380 Fax

Wells Fargo Bank, N.A.

Schedule A

List of Servicing Agreement(s) and Series

1 Pooling and Servicing Agreement for Harborview Mortgage Loan Trust Mortgage
  Loan Pass-Through Certificates, Series 2007-1, Wells Fargo Bank, N.A. as
  Trustee

2 Pooling and Servicing Agreement for Harborview Mortgage Loan Trust Mortgage
  Loan Pass-Through Certificates, Series 2007-3, Wells Fargo Bank, N.A. as
  Trustee
EXTENSION AND RENEWAL OF CONTRACT AGREEMENT




WHEREAS, Vital Weight Control, Inc., a Texas Corporation, ("Vital") entered into a Bariatric Program Sponsorship Agreement dated March 22, 2006, ("the Contract") by and between Vital and First Street Hospital, a Texas Limited Partnership, ("First Street"); and,




WHEREAS, the Contract was amended by a Letter of Amendment dated February 13, 2008, (the Contract and Letter of Amendment being herein referred to jointly as "the Contract, as Amended"); and,




WHEREAS, Vital terminated for cause the Contract, as Amended, effective January 30, 2009; and,




WHEREAS, the Contract, as Amended was reinstated and amended by a Reinstatement of Contract Agreement dated February 6, 2009, (the Contract as Amended and as reinstated and amended shall henceforth be referred to as "the Reinstated Contract"); and,




WHEREAS, it is the desire of the parties to extend and renew the Reinstated Contract for an additional two years beyond its present expiration date of April 30, 2010, so that the Reinstated Contract shall, pursuant to the terms of this Extension and Renewal of Contract Agreement, expire and terminate on April 30, 2012,




WHEREAS, it is also the desire of the parties to amend Section 5.2 (c) of the Reinstated Contract,




THEREFORE, KNOW ALL MEN BY THESE PRESENTS:




THAT, for Ten Dollars and other good and valuable consideration, Section 5.2 (c) of the Reinstated Contract shall be deleted in its entirety and the Reinstated Contract shall, pursuant to the terms of this Extension and Renewal of Contract Agreement, expire and terminate on April 30, 2012.




Other than as afore stated expressly to the contrary, all of the other terms and provisions of the Reinstated Contract shall remain unchanged and in full force and effect.





Dated 10day of November, 2009. (November struck through and handwritten December appears above the strike through and initialed by DC)




Vital Weight Control, Inc.
First Street Hospital, LPBy First Street Surgical Partners, L.P.,/s/Diane Crumley
General Partner/s/Tony RotondoDiane Crumley, President
Tony Rotondo,/, CEO
667 A.2d 682

#### IN THE MATTER OF EMIL T. RESTAINO, AN ATTORNEY AT LAW.

December 1, 1995.

ORDER

The Disciplinary Review Board on October 4, 1995, having filed with the Court its decision concluding that EMIL T. RESTAINO of BELLEVILLE, who was admitted to the bar of this State in 1984, should be suspended from the practice of law for a period of two years, for violation of *RPC*1.1(a) and (b) (gross neglect and pattern of neglect), *RPC*1.15(d) and *Rule*1:21-6 (failure to keep proper attorney books and records), *RPC*8.1(b) (failure to cooperate with ethics authorities) and *RPC*8.4(a) and (c) (attempt to violate the Rules of Professional Conduct and conduct involving dishonesty, fraud, deceit or misrepresentation);

And the Disciplinary Review Board further concluding that prior to reinstatement to practice respondent should submit to the Office of Attorney Ethics an accounting of the Estate of Joseph Catala and that after reinstatement to practice respondent should be supervised by a practicing attorney for a period of two years;

And good cause appearing;

It is that EMIL T. RESTAINO is hereby suspended from the practice of law for a period of two years, effective January 1,1996, and until further Order of the Court; and it is further

ORDERED that prior to reinstatement to practice respondent shall provide to the Office of Attorney Ethics an accounting of the Estate of Joseph Catala; and it is further

ORDERED that on reinstatement to practice respondent shall practice under the supervision of a practicing attorney for a period *616of two years and until further Order of the Court; and it is further

ORDERED that the entire record of this matter be made a permanent part of respondent’s file as an attorney at law of this State; and it is further

ORDERED that respondent be restrained and enjoined from practicing law during the period of his suspension and that he comply with *Rule*1:20-20; and it is further

ORDERED that respondent reimburse the Disciplinary Oversight Committee for appropriate administrative costs incurred in the prosecution of this matter.
EX-10.4






Exhibit 10.4




EXECUTION VERSION




LEHMAN BROTHERS BANK, FSB




May 31, 2007




Fieldstone Mortgage Company


Fieldstone Investment Corporation


11000 Broken Land Parkway


Suite, 600


Columbia, MD 21044


Attention: Mark Krebs


Phone Number: (410) 772-7275


Fax Number: (413) 367-2172




	 	 	 	Re: Lehman Brothers Bank, FSB – Fieldstone Repurchase Agreement	 





Ladies and Gentleman:




	1.	 	Reference is made to that certain Second Amended and Restated Master Repurchase Agreement
Governing Purchases and Sales of Mortgage Loans, dated as of December 29, 2004, as amended
from time to time (the “Repurchase Agreement”), between LEHMAN BROTHERS BANK, FSB
(“Buyer”), FIELDSTONE MORTGAGE COMPANY (a “Seller”) and FIELDSTONE INVESTMENT
CORPORATION (a “Seller”, and together with Fieldstone Mortgage Company, the
“Sellers”). Capitalized terms used but not otherwise defined herein shall have the
meanings provided in the Repurchase Agreement.






	2.	 	The Buyer and the Sellers hereby agree that as of May 31, 2007 (i) the Buyer and the Sellers
have not and will not enter into any new Transactions under the Repurchase Agreement; (ii) the
Sellers paid to the Buyer the Repurchase Price and any and all other outstanding obligations
under the Repurchase Agreement; and (iii) the Repurchase Agreement (and all agreements
executed in connection thereto) are terminated and no further action is required by any
parties. The Sellers and the Buyer shall have no further obligations thereunder, except for
those obligations that by their terms survive termination of the Repurchase Agreement.






	3.	 	This letter shall inure to the benefit of and be binding upon the parties hereto and their
respective successors and permitted assigns.






	4.	 	This letter may be executed in any number of counterparts each of which shall constitute one
and the same instrument, and either party hereto may execute this letter by signing any such
counterpart.





1




This letter shall be construed in accordance with, and the obligations, rights and remedies
of the parties hereunder shall be determined under, the substantive laws of the State of New York
(without giving effect to choice of law principles), except to the extent preempted by Federal law.




Sincerely,




LEHMAN BROTHERS BANK, FSB, as Buyer




By: /s/ Stephen A. Valentino

Name: Stephen A. Valentino

Title:




2




Accepted and Agreed:




FIELDSTONE MORTGAGE COMPANY, as a Seller




By: /s/ Mark C. Krebs

Name: Mark C. Krebs

Title: Sr. Vice President & Treasurer





FIELDSTONE INVESTMENT CORPORATION, as a Seller




By: /s/ Mark C. Krebs

Name: Mark C. Krebs

Title: Sr. Vice President & Treasurer





3
exv4w1



 





Exhibit 4.1




FIRST AMENDMENT




     THIS FIRST AMENDMENT (“First Amendment”) dated May ___, 2007, to Amended and Restated Trust
Agreement (“Agreement”) of Compass Diversified Trust, a Delaware statutory trust (the “Trust”), is
made effective as of April 25, 2006, the effective date of the Agreement, by and among COMPASS
GROUP DIVERSIFIED HOLDINGS LLC, a Delaware limited liability company (the “Sponsor”), THE BANK OF
NEW YORK (DELAWARE), a Delaware banking corporation, as Delaware trustee (in such capacity, the
“Delaware Trustee”), and MR. ALAN B. OFFENBERG and MR. JAMES J. BOTTIGLIERI, as the regular
trustees (each a “Regular Trustee”, together “Regular Trustees” and, collectively with the Delaware
Trustee, the “Trustees”).



     The Sponsor and the Trustees hereby agree as follows:



          1. A new Section 9.6 is added to the Agreement to read as follows:




          Section 9.6 Treatment of Trust as Tax Partnership





     Notwithstanding anything to the contrary elsewhere in this Agreement, in the event that
the Sponsor, acting through the Board of Directors, determines that the Trust is, or is
reasonably likely to be, required to issue Schedules K-1 to Shareholders, or if the Board of
Directors determines that it is otherwise reasonable and prudent to do so, the Sponsor may,
in lieu of the procedure provided in Section 9.2 and without the consent or approval of any
other Person pursuant to Section 10.2, amend or amend and restate this Agreement as
necessary so that with respect to any or all periods the Trust will be treated as a
partnership for federal income tax purposes and to provide for those provisions that are
customary, necessary or useful for an entity treated as a partnership for federal income tax
purposes.



          2. The Sponsor and the Trustees otherwise ratify and confirm the Agreement.