alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
<PAGE>

                                                                     EXHIBIT 4.2

                              CERTIFICATE OF TRUST
                                       OF
                       NATIONAL COMMERCE CAPITAL TRUST II


     THIS Certificate of Trust of National Commerce Capital Trust II (the
"Trust"), dated as of November 16, 2001, is being duly executed and filed on
behalf of the Trust by the undersigned, as trustees, to form a business trust
under the Delaware Business Trust Act (12 Del. C. (S)(S) 3801 et seq.) (the
                                          -------             -- ---
"Act").

     1.   Name.  The name of the business trust formed by this Certificate of
          ----
Trust is National Commerce Capital Trust II.

     2.   Delaware Trustee.  The name and business address of the trustee of the
          ----------------
Trust in the State of Delaware are The Bank of New York (Delaware), 700 White
Clay Center, Route 273, Newark, Delaware 19711.

     3.   Effective Date.  This Certificate of Trust shall be effective upon
          --------------
filing.


     IN WITNESS WHEREOF, the undersigned have duly executed this Certificate of
Trust in accordance with Section 3811(a)(1) of the Act.


                            THE BANK OF NEW YORK (DELAWARE),
                            not in its individual capacity, but solely as
                            Delaware Trustee



                            By: /s/ James Longshaw
                                ----------------------------------------------
                                Name: James Longshaw
                                Title: Senior Vice President


                                /s/ Sheldon Fox
                                ----------------------------------------------
                                Name: Sheldon Fox, not in his individual
                                capacity, but solely as administrative trustee


                                /s/ Charles Neale
                                -----------------------------------------------
                                Name: Charles Neale, not in his individual
                                capacity, but solely as administrative trustee
[Federal Register Volume 74, Number 123 (Monday, June 29, 2009)]
[Notices]
[Page 31009]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-15196]


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

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

RIN 0648-XP73


Endangered Species; File No. 14272

AGENCY:  National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Commerce.

ACTION:  Issuance of permit.

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

SUMMARY:  Notice is hereby given that Lawrence Wood, Marinelife Center 
of Juno Beach, 14200 U.S. Hwy. <greek-i>1, Juno Beach, FL 33408, has 
been issued a permit to take hawksbill (Eretmochelys imbricata) sea 
turtles for purposes of scientific research.

ADDRESSES:  The permit and related documents are available for review 
upon written request or by appointment in the following offices:
    Permits, Conservation and Education Division, Office of Protected 
Resources, NMFS, 1315 East-West Highway, Room 13705, Silver Spring, MD 
20910; phone (301) 713-2289; fax (301) 427-2521;
    Southeast Region, NMFS, 263 13th Ave South, St. Petersburg, FL 
33701; phone (727) 824-5312; fax (727) 824-5309.

FOR FURTHER INFORMATION CONTACT:  Patrick Opay or Kate Swails, (301) 
713-2289.

SUPPLEMENTARY INFORMATION: On March 9, 2009, notice was published in 
the Federal Register (74 FR 10034) that a request for a scientific 
research permit to take hawksbill sea turtles had been submitted by the 
above-named individual. The requested permit has been issued under the 
authority of the Endangered Species Act of 1973, as amended (ESA; 16 
U.S.C. 1531 et seq.) and the regulations governing the taking, 
importing, and exporting of endangered and threatened species (50 CFR 
parts 222-226).
    The research will continue to describe the abundance and movements 
of an aggregation of hawksbill sea turtles found on the barrier reefs 
of Palm Beach County, Florida. Up to 75 animals will be captured, 
tagged, and sampled annually for 5 years. Up to ten animals will have 
satellite transmitters attached to their carapace.
    Issuance of this permit, as required by the ESA, was based on a 
finding that such permit (1) was applied for in good faith, (2) will 
not operate to the disadvantage of such endangered species, and (3) is 
consistent with the purposes and policies set forth in section 2 of the 
ESA.

    Dated: June 22, 2009.
P. Michael Payne,
Chief, Permits, Conservation and Education Division, Office of 
Protected Resources, National Marine Fisheries Service.
[FR Doc. E9-15196 Filed 6-26-09; 8:45 am]
BILLING CODE 3510-22-S
<PAGE>
                                                                     EXHIBIT 4.9

                              CERTIFICATE OF TRUST

                                       OF

                           REGIONS FINANCING TRUST IV

         This Certificate of Trust of Regions Financing Trust IV (the "Trust"),
dated November 20, 2001, is being duly executed and filed by the undersigned, as
trustees, to form a business trust under the Delaware Business Trust Act (12
Del. C.ss.3801, et seq.) (the "Act").

         1.       Name. The name of the business trust being formed hereby is
Regions Financing Trust IV.

         2.       Delaware Trustee. The name and business address of the trustee
of the Trust with a principal place of business in the State of Delaware is
Bankers Trust (Delaware), a Delaware banking corporation, Montgomery Building,
1011 Centre Road, Suite 200, Wilmington, Delaware 19805.

         3.       Effective Date. This Certificate of Trust shall be effective
upon filing with the Secretary of State of the State of Delaware.

         4.       Counterparts. This Certificate of Trust may be executed in one
or more counterparts.

                            [SIGNATURE PAGE FOLLOWS]

<PAGE>

         IN WITNESS WHEREOF, the undersigned, being the trustees of the Trust,
have executed this Certificate of Trust in accordance with Section 3811(a)(1) of
the Act.



                             BANKERS TRUST COMPANY, a New York
                             banking corporation, not in its individual capacity
                             but solely as trustee



                             By: /s/ Tracy Salzman
                                ------------------------------------------------
                                Name: Tracy Salzman
                                Title: Associate



                             BANKERS TRUST (DELAWARE), a Delaware
                             banking corporation, not in its individual capacity
                             but solely as trustee



                             By: /s/ Elizabeth B. Ferry
                                ------------------------------------------------
                                Name: Elizabeth B. Ferry
                                Title: Assistant Vice President
### TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

NO. 03
- 14
- 00168
- CV

G. N. E.
- A., a/k/a G. N. E., Appellant

v. Texas Department of Family and Protective Ser v ices, Appellee

FROM THE 126TH DISTR ICT COURT OF TRAVIS COUNTY, NO. D
- 1
- FM
- 13
- 001449, THE HONORABLE GISELA D. TRIANA, JUDGE PRESID ING

O R D E R
PER CURIAM

The reporter’s record in this appeal was originally due to be filed on
March 31, 2014

. LaDelle Abilez requested an extension of time to file the reporter’s record.

A ny extensions of ti me granted for the filing of the reporters’ records may not exceed 30 days cumulatively. See Tex. R. App. P. 28.4(b)(2). Accordingly, LaDelle Abilez is hereby ordered to file the reporter’s record in this case on or before April 17, 2014 . If the record is not filed by that date, Abilez may be required to show cause why she should not be held in contempt of court.

It is ordered on April 9, 2014.

Before Chief Justice Jones, Justices Pemberton and Rose
**EXHIBIT 31.2**
**UST Inc.**
**CERTIFICATION OF CHIEF FINANCIAL OFFICER**
I, Robert T. D’Alessandro, Senior Vice President and Chief Financial Officer ofUST Inc., certify that:
 1. I have reviewed this annual report on Form 10-K of UST Inc.;  2. Based on my knowledge, this report does not contain any untruestatement of a material fact or omit to state a material fact necessaryto make the statements made, in light of the circumstances under whichsuch statements were made, not misleading with respect to the periodcovered by this report;  3. Based on my knowledge, the financial statements, and other financialinformation included in this report, fairly present in all materialrespects the financial condition, results of operations and cash flowsof the registrant as of, and for, the periods presented in this report;  4. The registrant’s other certifying officer and I are responsible forestablishing and maintaining disclosure controls and procedures (asdefined in Exchange Act Rules 13a-15(e) and 15d-15(e)) for theregistrant and have:
 (a) Designed such disclosure controls and procedures, or causedsuch disclosure controls and procedures to be designed under oursupervision, to ensure that material information relating to theregistrant, including its consolidated subsidiaries, is made knownto us by others within those entities, particularly during theperiod in which this report is being prepared;  (b) Evaluated the effectiveness of the registrant’s disclosurecontrols and procedures and presented in this report our conclusionsabout the effectiveness of the disclosure controls and procedures,as of the end of the period covered by this report based on suchevaluation; and  (c) Disclosed in this report any change in the registrant’sinternal control over financial reporting that occurred during theregistrant’s most recent fiscal quarter (the registrant’s fourthfiscal quarter in the case of an annual report) that materiallyaffected, or is reasonably likely to materially affect, theregistrant’s internal control over financial reporting.
 5. The registrant’s other certifying officer and I have disclosed, basedupon our most recent evaluation of internal control over financialreporting, to the registrant’s auditors and the audit committee of theregistrant’s board of directors:
 (a) All significant deficiencies and material weaknesses in thedesign or operation of internal control over financial reportingwhich are reasonably likely to adversely affect the registrant’sability to record, process, summarize and report financialinformation; and  (b) Any fraud, whether or not material, that involves managementor other employees who have a significant role in the registrant’sinternal control over financial reporting.     /s/ Robert T. D’Alessandro   Robert T. D’Alessandro Senior Vice President and
Exhibit 32.1





Chief Executive Officer


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 First Bancorp (the "Company") on Form 10-K for the period ending December 31, 2010 as filed with the Securities and Exchange Commission on the date hereof (the "Report"), I, Jerry L. Ocheltree, 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, to my knowledge:




(1) The Report fully complies with the requirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934; and




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






/s/ Jerry L. Ocheltree


Jerry L. Ocheltree


Chief Executive Officer


March 16, 2011







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 required by Section 906 has been provided to First Bancorp and will be retained by First Bancorp and furnished to the Securities and Exchange Commission or its staff upon request.
**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**

 

Inconnection with the Quarterly Report of Stanley, Inc. (the “Company”) on Form 10-Qfor the fiscal quarter ended June 25, 2010 as filed with the Securitiesand Exchange Commission on the date hereof (the “Report”), we, Philip O. Nolan,Chairman, President and Chief Executive Officer of the Company, and Brian J.Clark, Executive Vice President, Chief Financial Officer and Treasurer of theCompany, certify, pursuant to 18 U.S.C. § 1350 as adopted pursuant to § 906 ofthe Sarbanes-Oxley Act of 2002, that:

 

(1)             The Report fully complieswith the requirements of Section 13(a) or 15(d) of theSecurities Exchange Act of 1934; and

 

(2)             The information contained inthe Report fairly represents, in all material respects, the financial conditionand results of operations of the Company.

 

 
| /s/  PHILIP O. NOLAN                                             |   |
|------------------------------------------------------------------|--------|
| Philip  O. Nolan                                                 |   |
| Chairman,  President and Chief Executive Officer                 |   |
| July 28,  2010                                              |   |
|                                                             |   |
|                                                             |   |
| /s/  BRIAN J. CLARK                                              |   |
| Brian  J. Clark                                                  |   |
| Executive  Vice President, Chief Financial Officer and Treasurer |   |
| July 28,  2010                                              |   |

 

----
# Designation of Officers of the National Aeronautics And Space Administration To Act as Administrator

# Memorandum for the Administrator of the National Aeronautics and Space Administration

                    By the authority vested in me as President by the Constitution  and the laws of the United States of America, including the Federal Vacancies Reform Act of 1998, 5 U.S.C. 3345*et seq*.,     it is hereby ordered that:                

**Section 1.***Order of Succession.*                    Subject to the provisions of section 2 of this memorandum, the following officials of the National Aeronautics and Space Administration (NASA), in the  order listed, shall act as and perform the functions and duties  of the office of the Administrator of NASA (Administrator),  during any period in which both the Administrator and Deputy Administrator of NASA (Deputy Administrator) have died,   resigned, or otherwise become unable to perform the functions   and duties of the office of Administrator, until such time as   the Administrator or Deputy Administrator is able to perform the functions and duties of that office:                

(a) Associate Administrator;

(b) Chief of Staff to the NASA Administrator;

(c) Director for Johnson Space Flight Center;

(d) Director for Kennedy Space Flight Center; and

(e) Director for Marshall Space Flight Center.

**Sec. 2.***Exceptions.*                    (a)  No individual who is serving in     an office listed in section 1 in an acting capacity, by virtue of so serving, shall act as Administrator pursuant to this memorandum.                

(b)  No individual listed in section 1 shall act as Administrator unless that individual is otherwise eligible     to so serve under the Federal Vacancies Reform Act of 1998.

(c)  Notwithstanding the provisions of this memorandum, the President retains discretion, to the extent permitted by law,  to depart from this memorandum in designating an acting Administrator.

**Sec. 3.**                     This memorandum is intended to improve the internal management of the executive branch and is not intended to,    and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, it agencies, instrumentalities, or entities, its officers, employees, or agents, or any other person.                

**Sec. 4.**                     You are authorized and directed to publish this   memorandum in the                     *Federal Register*.                

[FR Doc. E9-1539

Billing code 7510-13-M
<TABLE>

                                                                                                                        Exhibit 11.1

SHARPER IMAGE CORPORATION
STATEMENTS RE: COMPUTATION OF EARNINGS PER SHARE

<CAPTION>
                                                                            Fiscal Year            Fiscal Year          Fiscal Year
                                                                               Ended                 Ended                 Ended
                                                                             January 31,           January 31,           January 31,
                                                                                2000                  1999                  1998
                                                                             -----------           -----------           -----------
<S>                                                                          <C>                   <C>                   <C>
Net Earnings ($000)                                                          $     9,325           $     4,602           $       593

Average shares of common stock
         outstanding during the period                                        10,516,358             8,532,588             8,303,425
                                                                             ===========           ===========           ===========


Basic Income per Share                                                       $      0.89           $      0.54           $      0.07
                                                                             -----------           -----------           -----------

Average shares of common stock
         outstanding during the period                                        10,516,358             8,532,588             8,303,425

Add:
Incremental shares from assumed
         exercise of stock options - diluted                                     841,646               540,244               233,607
                                                                             -----------           -----------           -----------
                                                                              11,358,004             9,072,832             8,537,032
                                                                             ===========           ===========           ===========


Diluted Income per Share                                                     $      0.82           $      0.51           $      0.07
                                                                             ===========           ===========           ===========

                                                                                                                                  33
</TABLE>
#### Maria Auqui, as Guardian of the Property of Jose Verdugo, et al., Respondents, v Seven Thirty One Limited Partnership et al., Appellants.

Submitted March 25, 2013;

decided June 27, 2013

*996Motion by New York Committee for Occupational Safety and Health for leave to appear amicus curiae on the motions for re-argument herein granted and the affirmation is accepted as filed *[see*20 NY3d 1035 (2013)].

Judges Rivera and Abdus-Salaam taking no part.
#### BROWNER v. FIREMEN’S INS. CO. OF NEWARK, N. J.

United States District Court S. D. New York.

Oct. 18, 1949.

*610Herman Hoffman, New York City, for plaintiff.

Joseph Haskell, New York' City, for defendant.

RYAN, District Judge.

Plaintiff moves under Rule 37, Federal Rules of Civil Procedure, 28 U.S.C.A., to compel answers to questions in an oral examination of John C. Baker, Jr.

Plaintiff sues to recover, under a floater policy of insurance issued by defendant, the value of two articles of jewelry allegedly lost by his wife. A sworn proof of loss was submitted to defendant and the claim referred by defendant to William M. Mortimer Company, investigators and adjusters employed for this investigation. John C. Baker, an employee of this company, conducted the investigation.

At the conclusion of defendant’s investigation, the claim was disallowed and this suit was instituted. The answer contains, among other things, the defense that the oroof of loss was false and fraudulent, executed with the intent to defraud and induce defendant to make payment, that the property had not, in fact, been lost, and that because a fraudulent claim was filed the policy by its terms was void.

Defendant under stipulation produced Baker for examination. During such examination, plaintiff sought to inquire into the reports, opinions and results of the investigation conducted by Baker. Defendant objected to all questions which sought to elicit facts developed during the investigation by Baker.

Examination is permitted into all matters not privileged which are relevant to the subject matter, notwithstanding that such matters may be inadmissible at the trial, provided the testimony sought appears reasonably calculated to lead to the discovery of admissible evidence. Rule 26, Federal Rules of Civil Procedure. Where statements of a party’s employees are made in the regular course of business and not solely to aid trial counsel, the statements may be inspected. Information acquired by an insurance company in its investigation of a claim is not privileged, even though a private investigator or adjuster has been employed for the purpose.

I have indicated in the margin of Baker’s deposition the objections sustained and those overruled. Production is directed of the written reports made by Baker to defendant.
Exhibit 32.1

Certification of Chief Executive Officer Pursuant to

18 U.S.C. Section 1350,

As Adopted Pursuant to Section 906

of the Sarbanes-Oxley Act of 2002

I, Michael F. Shalom, President and Chief Executive Officer of Intcomex, Inc. (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 Quarterly Report on Form 10-Q of the Company for the quarter ended June 30, 2010 (the Report), filed with the U.S. Securities and Exchange
Commission, 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: August 12, 2010



/s/ Michael F. ShalomMichael F. ShalomPresident and Chief Executive Officer


The foregoing
certification is being furnished solely pursuant to Section 906 of the Sarbanes-Oxley Act of 2002 (subsections (a) and (b) of Section 1350, Chapter 63 of Title 18, United States Code) and is not being filed as part of the Report
or as a separate disclosure document.

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 U.S. Securities and Exchange Commission or its staff upon request.