alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
Exhbit 10.1 - Exhibit C Form of Borrowing Base Certificate






EXHIBIT C
FORM OF BORROWING BASE CERTIFICATE
[To be delivered with final form of Borrowing Base Calculations]
[___________], 20[__]
[LETTERHEAD OF M/I HOMES, INC.]


PNC BANK, NATIONAL ASSOCIATION, Administrative Agent
PNC Real Estate Finance
2 Tower Center, 18th Floor
East Brunswick, New Jersey 08816
Attention: Douglas G. Paul, Senior Vice President
Ladies/Gentlemen:
This Borrowing Base Certificate is delivered to you pursuant to Section [5.1(g)]1 [6.1(g)]2 of the Credit Agreement, dated as of July 18, 2013 (as amended, supplemented, restated or otherwise modified from time to time, the “Credit Agreement”; unless otherwise defined herein, terms defined therein being used herein as therein defined), among M/I HOMES, INC., an Ohio corporation (the “Borrower”), the several banks and other financial institutions or entities from time to time parties thereto as lenders, including the Swingline Lender and the Issuing Lender (collectively, the “Lenders”), PNC BANK, NATIONAL ASSOCIATION, as administrative agent for the Lenders (the “Administrative Agent”) and the other agents party thereto.
		
	1.
	[Name of officer signing on behalf of the Borrower] is a duly elected, qualified and acting Authorized Financial Officer of the Borrower; and


		
	2.
	The Borrowing Base as of ___________, 20__ (the “Report Date”) and the components thereof are calculated and set forth on Attachment 1 hereto.






[Signature page follows.]




1 For Borrowing Base Certificate delivered on the Closing Date.
2 For any Borrowing Base Certificate delivered subsequent to the Closing Date.











IN WITNESS WHEREOF, the undersigned has executed this Borrowing Base Certificate this ___ day of __________, 20__.
M/I HOMES, INC., an Ohio corporation
By:                    
Name:                     
Title:                     













Attachment 1
to Exhibit C
Borrowing Base Compliance Calculations


[See Attached.]


[Calculations to be provided by the Borrower.]
### IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

No. 18

- 10100 Conference Calendar

UNITED STATES OF AMERICA,

Plaintiff

- Appellee

v.
DELORES DENISE RODRIGUEZ , Defendant

- Appellant

Appeal from the United States District Court for the Northern District of Texas USDC No. 1:17

- CR

- 56

- 1

Before HIGGINSON, COSTA, and HO, Circuit Judges.
PER CURIAM: *
The attorney appointed to represent Delores Denise Rodriguez has
moved for leave to withdraw and has filed a brief in accordance with Anders v. California , 386 U.S. 738 (1967), and United States v. Flores , 632 F.3d 229 (5th Cir. 2011). Rodriguez h a s not filed a r esponse. We have reviewed counsel’s brief and the relevant portions of the record reflected therein. We concur with counsel’s assessment that the appeal presents no nonfrivolous issue for

* Pursuant to 5 TH C IR

. R. 47.5 , the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5 TH C IR

. R. 47.5.4. United States Court of Appeals Fifth Circuit 

### FILED September 7, 2018 Lyle W. Cayce Clerk Case: 18-10100 Document: 00514632418 Page: 1 Date Filed: 09/07/2018No. 18

- 10100

2 appellate review. Accordingly, counsel’s motion for leave to with draw is GRANTED, counsel is excused from further responsibilities herein, and the
APPEAL IS DISMISSED. See 5 TH C IR

. R. 42.2. Case: 18-10100 Document: 00514632418 Page: 2 Date Filed: 09/07/2018
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 on Form 10-K for the fiscal year ended October 31, 2005 of Blue Ridge Real Estate Company and Big Boulder Corporation (together , the Registrants) as filed with the Securities and Exchange Commission on the date hereof (the Report), I, Eldon D. Dietterick, Executive Vice President and Treasurer (chief financial officer) of the Registrants, 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 (15 U.S.C. Section 78m(a) or Section 78o(d); and



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







/s/ Eldon D. Dietterick

Eldon D. Dietterick

Executive Vice President and Treasurer

(Principal Financial Officer)

February 14, 2006
Exhibit 32

                            Certification pursuant to
                             18 U.S.C. Section 1350,
                             as adopted pursuant to
                  Section 906 of the Sarbanes-Oxley Act of 2002


Marshall T. Reynolds, Chairman and Chief Executive Officer and Jack M. Reynolds,
President and Chief Financial Officer of Energy Services  Acquisition Corp. (the
"Company")  each certify in their  capacity as officers of the Company that they
have reviewed the  Quarterly  report of the Company on Form 10-Q for the quarter
ended December 31, 2006 and that to the best of their knowledge:

1.   the report fully  complies with the  requirements  of Sections 13(a) 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.



         , 2007                            /s/ Marshall T. Reynolds
---------------                            -----------------------------------
Date                                       Marshall T. Reynolds
                                           Chairman and Chief Executive Officer


         , 2007                            /s/ Jack M.  Reynolds
---------------                            -----------------------------------
Date                                       Jack M. Reynolds
                                           President and Chief Financial Officer
#### Thermon MOORE, Claimant-Appellee, v. R. James NICHOLSON, Secretary of Veterans Affairs, Respondent-Appellant.

No. 2005-7040.

United States Court of Appeals, Federal Circuit.

June 13, 2006.

*ORDER*

Upon consideration of the Secretary of Veterans Affairs’ unopposed motion to voluntarily dismiss his appeal from the judgment in Court of Appeals for Veterans Claims case no. 01-1358,

IT IS ORDERED THAT:

(1) The motion is granted.

(2) Each side shall bear its own costs.
EXHIBIT 32.2



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



In connection with the quarterly report
of VelaTel Global Communications, Inc. ("Company") on Form 10-Q for the period ended June 30, 2012 as filed with the
United States Securities and Exchange Commission (“SEC”) on the date hereof (“this Report"), I Carlos Trujillo,
Chief, Financial 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:



(i) this 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 this Report
fairly presents, in all material respects, the financial condition and result of operations of the Company.



|Date: August 20, 2012 | By: /s/ Carlos Trujillo                 
|--------------------- | ----------------------------------------
|                      | Carlos Trujillo, Chief Financial Officer



A signed original
of this written statement required by Section 906, or other document authenticating, acknowledging or otherwise adopting the signature
that appears in typed form within the electronic version of this written statement has been provided to the Company and will be
retained by the Company and furnished to the SEC or its staff upon request.
<TABLE> <S> <C>

<ARTICLE> 5
       
<S>                             <C>
<PERIOD-TYPE>                   12-MOS
<FISCAL-YEAR-END>                          DEC-31-1998
<PERIOD-END>                               DEC-31-1998
<CASH>                                       3,102,030
<SECURITIES>                                         0
<RECEIVABLES>                                        0
<ALLOWANCES>                                         0
<INVENTORY>                                          0
<CURRENT-ASSETS>                                     0
<PP&E>                                       2,344,720
<DEPRECIATION>                                 861,579
<TOTAL-ASSETS>                               4,802,128
<CURRENT-LIABILITIES>                          213,002
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                             0
<OTHER-SE>                                   4,576,726
<TOTAL-LIABILITY-AND-EQUITY>                 4,802,128
<SALES>                                              0
<TOTAL-REVENUES>                               454,670
<CGS>                                                0
<TOTAL-COSTS>                                  348,325
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                   0
<INCOME-PRETAX>                              (541,583)
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                          (541,583)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                 (541,583)
<EPS-PRIMARY>                                  (64.71)
<EPS-DILUTED>                                        0
        

</TABLE>
Michigan Supreme Court

Lansing, Michigan

Robert P. Young, Jr., Chief Justice

Stephen J. Markman

Brian K. Zahra

Bridget M. McCormack

David F. Viviano 

Richard H. Bernstein

Joan L. Larsen, Justices

I, Larry S. Royster, Clerk of the Michigan Supreme Court, certify that the

foregoing is a true and complete copy of the order entered at the direction of the Court.

 May 2, 2016

d0418a

Order 

Clerk

May 2, 2016

151807

PEOPLE OF THE STATE OF MICHIGAN,

Plaintiff-Appellee,

v SC: 151807

COA: 325671

Kent CC: 11-009886-FH

MARCUS DWANE MANNING, JR.,

Defendant-Appellant. 

_________________________________________/

On order of the Court, the application for leave to appeal the April 27, 2015 order 

of the Court of Appeals is considered, and it is DENIED, because the defendant has 

failed to meet the burden of establishing entitlement to relief under MCR 6.508(D).
#### The People of the State of New York, Respondent, v William Monroe, Appellant.

Submitted June 18, 2012;

decided June 26, 2012

Motion for assignment of counsel granted and Robert S. Dean, Esq., Center for Appellate Litigation, 74 Trinity Place, 11th Floor, New York, NY 10006 assigned as counsel to the appellant on the appeal herein.
<PAGE>   1
 
                                                                      EXHIBIT 23
 
                        CONSENT OF INDEPENDENT AUDITORS
 
The Board of Directors
Bay State Gas Company
 
     The audits referred to in our report dated October 22, 1997, included the
related financial statement schedule as of September 30, 1997, and for each of
the years in the three-year period ended September 30, 1997, included in the
annual report on Form 10-K of Bay State Gas Company. This financial statement
schedule is the responsibility of the Company's management. Our responsibility
is to express an opinion on this financial statement schedule based on our
audits. In our opinion, such financial statement schedule, when considered in
relation to the consolidated financial statements taken as a whole, presents
fairly in all material respects the information set forth therein.
 
     We consent to incorporation by reference in the registration statements
(No. 33-39118, and No. 33-44156) on Form S-3 and in the registration statements
(No. 33-35897, No. 33-22300 and No. 33-22301) on Form S-8 of our report dated
October 22, 1997, relating to the consolidated balance sheets and statements of
capitalization of Bay State Gas Company and subsidiaries as of September 30,
1997 and 1996 and the related consolidated statements of earnings, shareholders'
equity and cash flows for each of the years in the three-year period ended
September 30, 1997, which report is included in the September 30, 1997 annual
report on Form 10-K of Bay State Gas Company.
 
                                          KPMG PEAT MARWICK LLP
 
Boston, Massachusetts
December 3, 1997
 
                                       42
```

[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H. Res. 322 Introduced in House (IH)]

<DOC>

116th CONGRESS
  1st Session
H. RES. 322

 Recognizing the National Association of Letter Carriers one-day food 
                                 drive.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                             April 15, 2019

Mr. Joyce of Ohio (for himself, Mr. Ryan, Mrs. Beatty, Mr. Turner, Mr. 
  Johnson of Ohio, Mr. Gibbs, and Ms. Kaptur) submitted the following 
     resolution; which was referred to the Committee on Agriculture

_______________________________________________________________________

                               RESOLUTION

 
 Recognizing the National Association of Letter Carriers one-day food 
                                 drive.

Whereas the National Association of Letter Carriers (NALC) began their one-day 
        food drive in 1992;
Whereas for many years prior to 1992, a number of NALC branches collected food 
        for the needy in the communities they served;
Whereas in 1992, 10 cities were selected to explore a coordinated effort, and a 
        pilot food drive was held in Columbus, Ohio, by Branch 78 of the NALC;
Whereas the pilot food drive was so successful that the food drive was then 
        expanded nationwide;
Whereas a nationwide one-day food drive was organized for May 15, 1993, with the 
        goal of having at least one NALC Branch participate in each of the 50 
        States;
Whereas more than 220 NALC branches participated in the first national one-day 
        food drive and set a one-day record for food collection in the United 
        States by collecting more than 11,000,000 pounds of food;
Whereas in 2018, the NALC collected over 71,600,000 pounds of food to help 
        restock food banks, pantries, and shelters throughout the United States;
Whereas 2018 marked the 15th consecutive year that the Nation's largest one-day 
        food drive collected more than 70,000,000 pounds of food;
Whereas the NALC one-day food drive has collected more than 1,670,000,000 pounds 
        of food since it began in 1993; and
Whereas the NALC one-day food drive occurs on the second Saturday in May each 
        year: Now, therefore, be it
    Resolved, That the House of Representatives--
            (1) recognizes the National Association of Letter Carriers' 
        one-day food drive; and
            (2) honors the National Association of Letter Carriers for 
        their distinguished community service and philanthropic 
        efforts.
                                 <all>
```
SCWC

- 15

- 0000445

IN THE SUPREME COURT OF THE STATE OF HAWAI  I

________________________________________________________________

ASSOCIATION OF APARTMENT OWNERS OF ROYAL ALOHA, a Hawai  i non

profit corporation, Respondent/Plaintiff

- Appellant,

vs.

CERTIFIED MANAGEMENT, INC., a Hawai  i corporation;

CHANEY BROOKS & COMPANY, LLC, a Hawai  i corporation;

MICHAEL DAVID BRUSER, an individual; TOKYO JOE’S, INC.,

a Hawai  i corporation; MICHAEL T. MCCORMACK, individually

and as Trustee under that certain unrecorded Michael T.

McCormack Revocable Living Trust Agreement dated

November 12, 1991; and MICHAEL T. MCCORMACK and SIGNA S.

MCCORMACK, as Co

- Trustees of The McCormack Ranch Trust

dated January 6, 2005, Petitioners/Defendants

- Appellees.

______________

__________________________________________________

CERTIORARI TO THE INTERMEDIATE COURT OF APPEALS

(CAAP

- 15

- 0000445; CIV. NO. 12

- 1

- 1019

- 04)

ORDER ACCEPTING APPLICATION FOR WRIT OF CERTIORARI

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

Petitioners/Defendants

- Appellees’ application for writ of

certiorari filed on September 16, 2016, is hereby accepted.

IT IS FURTHER ORDERED, that no oral argument will be heard

in this case. Any party may, within ten days and pursuant to Electronically Filed

Supreme Court

SCWC-15-0000445

28-OCT-2016

12:53 PM2

Rule 34(c) of the Hawai  i Rules of Appellate Procedure, move for

retention of oral argument.

DATED: Honolulu, Hawai  i, October 28 , 2016.

/s/ Mark E. Recktenwald

/s/ Paula A. Nakayama

/s/ Sabrina S. McKenna

/s/ Richard W. P ollack

/s/ Michael D. Wilson
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 Black Hills Power, Inc. (the Company) on Form 10-K
for the year ended December 31, 2004 as filed with the Securities and Exchange
Commission on the date hereof (the Report), I, Mark T. Thies,
Executive Vice President and 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 results of operations of the Company.
|--- |  | ----------------------------------------------------------------------------------------------------------------------------------------------------

Date:    March 30, 2005

| | /s/ Mark T. Thies Mark T. ThiesExecutive Vice President and Chief Financial Officer
| | -----------------------------------------------------------------------------------
#### Lewis *v.*Chicago, St. P. & K. C. Ry. Co.

*(Circuit*Court, *D. Minnesota.*

June 19, 1888.)

Assault and Battery—Civil Action—Pleading.

A complaint which alleges, as in the old common count, that defendant, by one of its employes, committed an assault and battery upon the plaintiff, another employe, is not demurrable.

At Law. On demurrer to complaint.

Action by Douglas Lewis against Chicago, St. Paul & Kansas City Railway Company.

*640*W. W. Erwin*and *E. F. Lane,*for plaintiff.

*Lusk & Bunn,*for defendant.

Brewer, J.

A demurrer was argued in this case, and I shall confine myself to a single issue raised therein. I think it settled law that a corporation can be held responsible for a tort, even to the extent of holding it liable for a tort of such a character that a court would call it so wanton as to be malicious; and that a master may be responsible for an assault and battery committed by one of his servants, whether that assault and battery be committed upon a co-servant or a stranger. I also take it to be settled under the rules of pleading that what was equivalent to a common count under the old practice is good now as against an objection raised by demurrer; and I think that is all that can be said about this pleading. It alleges that the defendant, by one of its employes, committed an assault and battery upon the plaintiff, another employe. That is the allegation in the pleading of a substantive and ultimate fact. What the particular facts may be, whether that assault and battery was committed in the line of his employment, and in the discharge of a dutjr which he owed the defendant, the master, as an employe, does not now appear. Of course, I do not mean to sanction the idea that if one of defendant’s employes gets into a quarrel with another employe and assaults him, the master is liable. But the allegation of the pleading is general. The complaint says that the plaintiff was a porter, and the other employe a conductor on the same cars; but under what circumstances the assault and battery was committed-is not disclosed. It is set up, as in the old-fashioned common count, that the defendant, by one of its employes, committed an assault and battery upon another employe, and that is all. I will overrule the demurrer, with leave to answer in 40 days. There are one or two other errors alleged beyond this, but I do not deem them sufficient to warrant me in taking notice of them.
<TABLE> <S> <C>


<ARTICLE>                     5

<S>                             <C>
<PERIOD-TYPE>                   12-mos
<FISCAL-YEAR-END>                            JUN-30-1999
<PERIOD-START>                               JUL-01-1998
<PERIOD-END>                                 JUN-30-1999
<CASH>                                                 0
<SECURITIES>                                           0
<RECEIVABLES>                                          0
<ALLOWANCES>                                           0
<INVENTORY>                                            0
<CURRENT-ASSETS>                                       0
<PP&E>                                                 0
<DEPRECIATION>                                         0
<TOTAL-ASSETS>                                         0
<CURRENT-LIABILITIES>                             34,852
<BONDS>                                                0
<PREFERRED-MANDATORY>                                  0
<PREFERRED>                                            0
<COMMON>                                             254
<OTHER-SE>                                       (35,016)
<TOTAL-LIABILITY-AND-EQUITY>                           0
<SALES>                                                0
<TOTAL-REVENUES>                                       0
<CGS>                                                  0
<TOTAL-COSTS>                                          0
<OTHER-EXPENSES>                                       0
<LOSS-PROVISION>                                       0
<INTEREST-EXPENSE>                                     0
<INCOME-PRETAX>                                        0
<INCOME-TAX>                                           0
<INCOME-CONTINUING>                                    0
<DISCONTINUED>                                         0
<EXTRAORDINARY>                                        0
<CHANGES>                                              0
<NET-INCOME>                                           0
<EPS-BASIC>                                            0
<EPS-DILUTED>                                          0



</TABLE>