alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### Kelvin J. MILES, Petitioner—Appellant, v. MARYLAND PAROLE COMMISSION, Respondent—Appellee.

No. 09-6006.

United States Court of Appeals, Fourth Circuit.

Submitted: April 22, 2009.

Decided: May 26, 2009.

Kelvin J. Miles, Appellant Pro Se.

Before NIEMEYER, MOTZ, and TRAXLER, Circuit Judges.

Affirmed by unpublished PER CURIAM opinion.

Unpublished opinions are not binding precedent in this circuit.

PER CURIAM:

Kelvin J. Miles appeals the district court’s order denying his Fed.R.Civ.P. 60(b) motion. We have reviewed the record and find no reversible error. Accordingly, we affirm for the reasons stated by the district court. *Miles v. Maryland Parole Comm’n,*No. 8:08-cv-02295-AW (D. Md. filed Dec. 17, 2008; entered Dec. 18, 2008). We deny the motions for appointment of counsel and for injunctive relief and dispense with oral argument because the facts and legal contentions are adequately presented in the materials before *223the court and argument would not aid the decisional process.

*AFFIRMED.*
EXHIBIT 13.2





CERTIFICATION PURSUANT TO18 U.S.C. SECTION 1350


AS ADOPTED PURSUANT TO SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002





In connection with the filing of the Annual Report of EZchip Semiconductor Ltd. (the “Company”) on Form 20-F for the period ended December 31, 2010 as filed with the Securities and Exchange Commission on the date hereof (the “Report”), I, Dror Israel, Chief Financial Officer of the Company, certify, pursuant to 18 U.S.C. ss. 1350, as adopted pursuant to ss. 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.




Date: March 31, 2011




By: /s/ Dror Israel*Dror Israel

Chief Financial Officer




* The originally executed copy of this Certification will be maintained at the Company’s offices and will be made available for inspection upon request.





This certification accompanies this Annual Report on Form 20-F 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 (the “Exchange Act”). Such certification will not be deemed to be incorporated by reference into any filing under the Securities Act of 1933, as amended, or the Exchange Act, except to the extent that the Company specifically incorporates it by reference.
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.                  

###### Department of the Treasury

###### Office of Thrift Supervision

                    Notice is hereby given that, pursuant to the authority contained in section 5(d)(2) of the Home Owners' Loan Act, the Office of Thrift Supervision has duly                           ( print page 27064)                        appointed the Federal Deposit Insurance Corporation as sole Receiver for BankUnited, FSB, Coral Gables, Florida (OTS No. 8045), on May 21, 2009.                

Dated: May 29, 2009.

By the Office of Thrift Supervision.

Sandra E. Evans,

Federal Register Liaison.

[FR Doc. E9-13045 Filed 6-4-09; 8:45 am]

BILLING CODE 6720-01-M
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 Retirement Thrift Investment Board

# Time and Date:

 10 a.m. (Eastern Time) June 16, 2009.

# Place:

 4th Floor Conference Room, 1250 H Street, NW., Washington, DC 20005.

# Status:

 Open to the public.

# Matters to be Considered:

1. Approval of the minutes of the May 18, 2009 Board member meeting.

2. Thrift Savings Plan activity report by the Executive Director.

a. Participant Activity Report.

b. Investment Performance Report.

c. Legislative Report.

# Contact Person for More Information:

Thomas J. Trabucco, Director, Office of External Affairs, (202) 942-1640.

Dated: June 4, 2009.

Thomas K. Emswiler,

Secretary, Federal Retirement Thrift Investment Board. 

[FR Doc. E9-13520 Filed 6-4-09; 4:15 pm]

BILLING CODE 6760-01-P
<TABLE> <S> <C>

<PAGE>
<ARTICLE> 5

<S>                             <C>                     <C>
<PERIOD-TYPE>                   6-MOS                   3-MOS
<FISCAL-YEAR-END>                          DEC-31-1999             DEC-31-1999
<PERIOD-START>                             JAN-01-1999             APR-01-1999
<PERIOD-END>                               JUN-30-1999             JUN-30-1999
<CASH>                                            3988                       0
<SECURITIES>                                         0                       0
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<CURRENT-ASSETS>                                  3988                       0
<PP&E>                                               0                       0
<DEPRECIATION>                                       0                       0
<TOTAL-ASSETS>                                    4134                       0
<CURRENT-LIABILITIES>                            99196                       0
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<PREFERRED-MANDATORY>                                0                       0
<PREFERRED>                                          1                       0
<COMMON>                                        220044                       0
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<CGS>                                                0                       0
<TOTAL-COSTS>                                   130028                   84089
<OTHER-EXPENSES>                                  3163                    2958
<LOSS-PROVISION>                                     0                       0
<INTEREST-EXPENSE>                                   0                       0
<INCOME-PRETAX>                               (133191)                 (87047)
<INCOME-TAX>                                         0                       0
<INCOME-CONTINUING>                           (133191)                 (87047)
<DISCONTINUED>                                       0                       0
<EXTRAORDINARY>                                      0                       0
<CHANGES>                                            0                       0
<NET-INCOME>                                  (133191)                 (87047)
<EPS-BASIC>                                      (.01)                       0
<EPS-DILUTED>                                    (.01)                       0


</TABLE>
ACCEPTED 04-14-00800-CR FOURTH COURT OF APPEALS SAN ANTONIO, TEXAS 2/19/2015 9:55:08 AM KEITH HOTTLE CLERK
Exhibit 10(d)35

AMENDMENT NO. 1 TO REFUNDING AGREEMENT(SERIES 1999-B)

                   This Amendment No. 1, effective as of October 31, 2007, to the Refunding Agreement ($40,000,000 Pollution Control Revenue Refunding Bonds, Series 1999-B) between Parish of West Feliciana, State of Louisiana (the "Issuer") and Entergy Gulf States, Inc., a corporation of the State of Texas (the "Company"), dated as of September 1, 1999 (the "Refunding Agreement"), is entered into among the Issuer, the Company and The Bank of New York, as Trustee under the Trust Indenture, dated as of September 1, 1999, between the Issuer and the Trustee (the "Indenture").  All capitalized terms not herein defined shall have the meanings assigned to them in the Indenture.

                   WHEREAS, Section 10.4 of the Refunding Agreement provides that the Refunding Agreement may not be effectively amended, changed, modified, altered or terminated except in accordance with the provisions of the Indenture, and no amendment to the Refunding Agreement shall be binding upon either party to the Refunding Agreement until such amendment is reduced to writing and executed by both parties thereto; 

                   WHEREAS, Section 13.1 of the Indenture provides that the Issuer and the Company may enter into, with the consent of the Trustee but without the consent of the holders of the Bonds, any amendment, change, modification of the Refunding Agreement to cure any ambiguity, formal defect, omission or inconsistent provisions or to make any other change that does not adversely affect the interests of the Bondholders;

                   WHEREAS, Section 13.2 of the Indenture provides that the Trustee is authorized to join with the Issuer in the execution and delivery of any amendment to the Refunding Agreement permitted by Article XIII of the Indenture, and in so doing shall be fully protected by a Favorable Opinion of Bond Counsel that such amendment is so permitted and has been duly authorized by the Issuer and that all things necessary to make it a valid and binding agreement have been done; and

                   WHEREAS, the Issuer, the Company and the Trustee now desire to amend the Refunding Agreement to cure ambiguity or to make a change which does not adversely affect the interests of the Bondholders.

                   NOW, THEREFORE, in consideration of the premises and the covenants and undertakings herein expressed, the parties hereto agree as follows:

ARTICLE I
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 Arabian American Development Company (the “Company”) on Form 10-K/A for the year ending December 31, 2009, as filed with the Securities and Exchange Commission on the date hereof (the “Report”), I, Nicholas Carter, President and Chief Executive Officer of the Company, certify, pursuant to 18 U.S.C. § 1350, as adopted pursuant to § 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/ Nicholas Carter
 Nicholas Carter, President and Chief Executive Officer
 February 22, 2011
   
  
  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.
Exhibit 32(d)

CERTIFICATION PURSUANT TO
18 U.S.C. SECTION 1350, AS ADOPTED PURSUANT TO
SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002





|(1) | The Annual Report on Form 10-K of the Company for the year ended December 31, 2007 (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 as of the dates and for the periods presented in the Report.







|/s/ Jay A. LewisJay A. Lewis
Vice President and Chief Financial Officer of
Entergy Arkansas, Inc.
|-------------------------------------------------------------------------------------------------



Date:	February 28, 2008
<TABLE> <S> <C>

<ARTICLE>     5
<MULTIPLIER>  1,000
       
<S>                         <C>
<FISCAL-YEAR-END>           MAR-31-1996
<PERIOD-END>                DEC-31-1995
<PERIOD-TYPE>               9-MOS
<CASH>                            1,259
<SECURITIES>                          0
<RECEIVABLES>                    43,850
<ALLOWANCES>                      1,531
<INVENTORY>                      64,886
<CURRENT-ASSETS>                126,310
<PP&E>                           63,460
<DEPRECIATION>                   20,787
<TOTAL-ASSETS>                  214,255
<CURRENT-LIABILITIES>            75,094
<BONDS>                               0
<PREFERRED-MANDATORY>                 0
<PREFERRED>                       3,878
<COMMON>                          2,444
<OTHER-SE>                       32,275
<TOTAL-LIABILITY-AND-EQUITY>    214,255
<SALES>                         278,201
<TOTAL-REVENUES>                278,201
<CGS>                           250,638
<TOTAL-COSTS>                   250,638
<OTHER-EXPENSES>                 16,621
<LOSS-PROVISION>                  7,200
<INTEREST-EXPENSE>               12,516
<INCOME-PRETAX>                  (8,774)
<INCOME-TAX>                     (3,159)
<INCOME-CONTINUING>              (5,615)
<DISCONTINUED>                        0
<EXTRAORDINARY>                       0
<CHANGES>                             0
<NET-INCOME>                     (5,615)
<EPS-PRIMARY>                     (4.12)
<EPS-DILUTED>                     (4.12)
        

</TABLE>
Exhibit 31
                   CERTIFICATION PURSUANT TO
         SECTION 302 OF THE SARBANES-OXLEY ACT OF 2002

     I, Kenneth P. Hamik, President and CFO, of LipidViro Tech, Inc. (the
"Registrant"), certify that:

     1.   I have reviewed this Annual Report on Form 10-KSB of the Registrant;

     2.   Based on my knowledge, this Annual Report does not contain any
untrue statement of a material fact or omit to state a material fact necessary
to make the statements made, in light of the circumstances under which such
statements were made, not misleading with respect to the period covered by
this Annual Report;

     3.   Based on my knowledge, the financial statements, and other
financial information included in this Annual Report, fairly present in all
material respects the financial condition, results of operations and cash
flows of the Registrant as of, and for, the periods presented in this
Annual Report;

     4.   I am responsible for establishing and maintaining disclosure
controls and procedures (as defined in Exchange Act Rules 13a-14 and 15d-14)
for the Registrant and I have:

     a)   designed such disclosure controls and procedures to ensure that
          material information relating to the Registrant, including its
          consolidated subsidiaries, is made known to me by others within
          those entities, particularly during the period in which this
          Annual Report is being prepared;

     b)   evaluated the effectiveness of the Registrant's disclosure
          controls and procedures as of a date within 90 days prior to the
          filing date of this Annual Report (the "Evaluation Date"); and

     c)   presented in this Annual Report my conclusions about the
          effectiveness of the disclosure controls and procedures based on
          My evaluation as of the Evaluation Date;

     5.   I have disclosed, based on my most recent evaluation, to the
Registrant's auditors and the audit committee of Registrant's board of
directors (or persons performing the equivalent function);

     a)   all significant deficiencies in the design or operation of
          internal controls which could adversely affect the Registrant's
          ability to record, process, summarize and report financial data
          and have identified for the Registrant's auditors any material
          weaknesses in internal controls; and

     b)   any fraud, whether or not material, that involves management or
          other employees who have a significant role in the Registrant's
          internal controls.

Dated: April 21, 2006                Signature:/s/Kenneth P. Hamik
                                     Kenneth P. Hamik
                                     President and CEO
Exhibit 23

            Consent of Independent Registered Public Accounting Firm

The Board of Directors
Anaren Inc.:

      We  consent  to  the   incorporation  by  reference  in  the  Registration
Statements (No.  33-36761,  No.  333-03193,  No. 333-70397,  No. 333-70427,  No.
333-50390,  and No. 333-50392) on Form S-8 of Anaren,  Inc. of our reports dated
September 28, 2007, with respect to the  consolidated  balance sheets of Anaren,
Inc. and subsidiaries as of June 30, 2007 and 2006, and the related consolidated
statements of income,  stockholders'  equity and comprehensive  income, and cash
flows for each of the years in the three year period  ended June 30,  2007,  and
our report dated September 28, 2007, on the  effectiveness  of internal  control
over financial  reporting as of June 30, 2007,  which reports appear in the June
30, 2007 annual report on Form 10-K of Anaren, Inc.

      Our report  dated  September  28,  2007 on the  effectiveness  of internal
control over financial  reporting as of June 30, 2007 expresses our opinion that
Anaren,  Inc.  did  not  maintain  effective  internal  control  over  financial
reporting  as of June 30, 2007 because of the effect of material  weaknesses  on
the  achievement  of the  objectives  of the control  criteria  and  contains an
explanatory  paragraph that states the following material  weaknesses existed at
June 30, 2007: 1) assessing risks arising from changes in internal  control over
financial  reporting;  2) the timely  assessment  of the  impact of  significant
contracts and accounting  practices not in accordance  with  generally  accepted
accounting  principles;  and in the policies and  procedures  relating to 3) the
accounting  for  inventory  and cost of sales in China,  4) sales of  product to
distributors, 5) stock based compensation,  and 6) sales returns, warranties and
inventory valuation.

      As  discussed  in Note 2 to the  consolidated  financial  statements,  the
Company  adopted the  recognition  and  disclosure  provisions  of  Statement of
Financial  Accounting  Standards  No.  158,  Employers'  Accounting  for Defined
Benefit Pension and Other Postretirement Plans, as of June 30, 2007.

      As discussed in Note 2 to the consolidated financial statements, effective
July 1, 2006,  the beginning of the fiscal year ended June 30, 2007, the Company
adopted  Securities and Exchange  Commission Staff Accounting  Bulletin No. 108,
Considering   the  Effects  of  Prior  Year   Misstatements   when   Quantifying
Misstatements in the Current Year Financial Statements.

                                                     /s/ KPMG LLP

Syracuse, New York
September 28, 2007


                                       68
**Exhibit 10.9**

 

**SIXTH AMENDMENT TO EMPLOYMENT AGREEMENT**

 

This Sixth Amendment to Employment Agreement (the “Amendment”), dated as of the 15th day of January, 2004 by andbetween COMFORCE Corporation (“COMFORCE”) a Delaware corporation, and COMFORCE Operating, Inc. (“COI”), a Delaware corporation that is wholly-owned by COMFORCE (COMFORCE and COI are collectively referred to as the“Employer”), and John C. Fanning, a resident of the State of Florida (“Employee”). 

 

WHEREAS, the parties entered into an Employment Agreement (the “Employment Agreement”) dated as of January 1, 1999 pursuant to which Employerformalized the terms upon which Employee is employed by Employer, which Employment Agreement was previously amended as of March 28, 2000, January 23, 2001, September 27, 2001, July 1, 2002 and January 1, 2003, pursuant to which Employer formalizedthe terms upon which Employee is to be employed by Employer through December 31, 2005 (as amended, the “Employment Agreement”); and 

 

WHEREAS, the parties desire to further amend the Employment Agreement as herein provided. 

 

NOW, THEREFORE, in consideration of the promises and mutual obligations of the parties contained herein, and for othervaluable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto agree as follows: 

 

NOW, THEREFORE, in consideration of the promises and mutual obligations of the parties contained herein, and for other valuable consideration, the receiptand sufficiency of which are hereby acknowledged, the parties hereto agree as follows: 

 

1. Section 2 of the Employment Agreement is hereby amended by changing the “Initial Termination Date” to December 31, 2006. 

 

2. The second sentence of Section 4(a)(ii) of the Employment Agreement is hereby amended by adding the following additionalproviso at the end thereof: “; and, provided further, that, notwithstanding the foregoing, no such increase shall be made to Employee’s Base Salary for the 2004 calendar year.” 

 

3. The last sentence of Section 4(b) of the Employment Agreement is herebydeleted and the following sentence is added: “The amount, if any, by which $30,000 exceeds the total amount of such reimbursements for documented expenses in any calendar year (commencing in 2004) shall be paid to Employee as a non-accountableexpense allowance.” 

 

4. All other provisions of theEmployment Agreement shall remain in full force and effect. 

 

INWITNESS WHEREOF, the undersigned have executed this Agreement on the day and year first above mentioned. 

 

COMFORCE CORPORATION 

 

By:                                                                                                

Its:

 

COMFORCE OPERATING, INC. 

 

By:                                                                                                

Its:

 

EMPLOYEE 

                                                                                                       

John C. Fanning