alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
<TABLE> <S> <C>

<ARTICLE> 5
<MULTIPLIER> 1

<S>                                     <C>
<PERIOD-TYPE>                           12-MOS
<FISCAL-YEAR-END>                       DEC-31-1999
<PERIOD-START>                          JAN-01-1999
<PERIOD-END>                            DEC-31-1999
<CASH>                                       12314
<SECURITIES>                                     0
<RECEIVABLES>                                 2000
<ALLOWANCES>                                     0
<INVENTORY>                                   6601
<CURRENT-ASSETS>                             41017
<PP&E>                                      119309
<DEPRECIATION>                                5697
<TOTAL-ASSETS>                             1540881
<CURRENT-LIABILITIES>                       246531
<BONDS>                                          0
<PREFERRED-MANDATORY>                            0
<PREFERRED>                                      0
<COMMON>                                     22752
<OTHER-SE>                                 1092298
<TOTAL-LIABILITY-AND-EQUITY>               1540881
<SALES>                                       3150
<TOTAL-REVENUES>                                 0
<CGS>                                            0
<TOTAL-COSTS>                                    0
<OTHER-EXPENSES>                           1989934
<LOSS-PROVISION>                                 0
<INTEREST-EXPENSE>                               0
<INCOME-PRETAX>                                  0
<INCOME-TAX>                                     0
<INCOME-CONTINUING>                              0
<DISCONTINUED>                                   0
<EXTRAORDINARY>                                  0
<CHANGES>                                        0
<NET-INCOME>                              (1986784)
<EPS-BASIC>                                 (.21)
<EPS-DILUTED>                                    0



</TABLE>
Exhibit 4.6(g)

 

 

 

FIFTH SUPPLEMENTAL INDENTURE

Dated as of May 20, 2003

to

INDENTURE

Dated as of May 11, 1999

among

VAIL RESORTS, INC., as Issuer,

the Guarantors named therein, as Guarantors,

and

THE BANK OF NEW YORK, as Successor Trustee to 

UNITED STATES TRUST COMPANY OF NEW YORK

____________________

up to $300,000,000

8 3/4 % Senior Subordinated Notes due 2009

FIFTH SUPPLEMENTAL INDENTURE, dated as of May 20, 2003, among Vail Resorts, Inc., a Delaware corporation (the "Issuer"), the Guarantors, including the Surviving Guarantors, named on the signature pages hereto (the "Guarantors"), and The Bank of New York, as Successor to United States Trust Company of New York, as Trustee (the "Trustee").

WHEREAS, the Issuer, the Guarantors, and the Merging Guarantors named on Exhibit 1 hereto have heretofore executed and delivered to the Trustee an Indenture dated as of November 21, 2001, as amended and supplemented by the First Supplemental Indenture dated as of January 16, 2002 and by the Second Supplemental Indenture dated as of October 18, 2002 (together, the "Indenture"), providing for the issuance of up to $300,000,000 aggregate principal amount of 8 3/4% Senior Subordinated Notes due 2009 of the Company (the "Notes"); and

WHEREAS, subsequent to the execution of the Indenture and the issuance of $160,000,000 aggregate principal amount of the Notes, each of the Merging Guarantors propose to merge with and into the Surviving Guarantors; and 

WHEREAS, pursuant to and as contemplated by Section 12.05 of the Indenture, the parties hereto desire to execute and deliver this Fifth Supplemental Indenture for the purpose of providing for the Surviving Guarantors to expressly assume all the obligations of the Merging Guarantors as a Guarantor under the Notes and the Indenture;

NOW, THEREFORE, in consideration of the above premises, each party agrees, for the benefit of the other and for the equal and ratable benefit of the Holders of the Notes, as follows:

I.
EX-10.10





 




    Exhibit 10.10



 




    SUMMARY
    OF COMPENSATION FOR

    THE BOARD OF TRUSTEES OF

    RAMCO-GERSHENSON PROPERTIES TRUST



 




 




    Annual
    Cash Retainer:



 



    Non-Employee Trustees: $3,750 each quarter (paid in
    advance)



 




    Additional
    Cash Retainer:



 



    Lead Trustee: $6,250 each quarter (paid in advance)



 



    Audit Committee Chair: $10,000*



 



    Audit Committee Members: $5,000*



 



    Executive Committee Members: $2,500*



 




    Annual
    Equity Retainer:



 



    Non-Employee Trustees. Grant of 2,000 shares of
    restricted stock, vesting over three years (grant made on
    June 30th or, if not a business day, the business day
    prior to June 30th)



 




    Meeting
    Attendance Fees:



 



    Non-Employee Trustees. $1,500 per meeting attended in
    person or $500 per meeting attended via telephone (paid shortly
    after meeting).



 




    Other:



 



    The Trust reimburses all trustees for all expenses incurred in
    connection with attending any meetings or performing their
    duties as trustees.



 



    Trustees who are employees or officers of the Trust or any of
    its subsidiaries do not receive any compensation for serving on
    the Board of Trustees or any committees thereof.



 





 





    *  Payment is subject to attendance by the trustee at
    75% or more of the applicable Committee meetings during the
    applicable calendar year.
<TABLE> <S> <C>


<ARTICLE>                     5
<MULTIPLIER>                                  1
<CURRENCY>                                    US DOLLARS
       
<S>                             <C>
<PERIOD-TYPE>                   9-MOS
<FISCAL-YEAR-END>                              DEC-31-1996
<PERIOD-START>                                 JAN-01-1996
<PERIOD-END>                                   SEP-30-1996
<EXCHANGE-RATE>                                  1
<CASH>                                         36,656,619
<SECURITIES>                                            0
<RECEIVABLES>                                   5,808,568
<ALLOWANCES>                                      327,596
<INVENTORY>                                             0
<CURRENT-ASSETS>                               48,206,508
<PP&E>                                        349,830,617
<DEPRECIATION>                                (57,914,578)
<TOTAL-ASSETS>                                355,977,173
<CURRENT-LIABILITIES>                          53,873,322
<BONDS>                                                 0
<PREFERRED-MANDATORY>                                   0
<PREFERRED>                                    20,538,986
<COMMON>                                          112,325
<OTHER-SE>                                      6,779,070
<TOTAL-LIABILITY-AND-EQUITY>                  355,977,173
 <SALES>                                          369,148
<TOTAL-REVENUES>                               30,015,517
<CGS>                                             155,116
<TOTAL-COSTS>                                  56,284,207
<OTHER-EXPENSES>                               18,338,295
<LOSS-PROVISION>                                  524,999
<INTEREST-EXPENSE>                             18,386,651
<INCOME-PRETAX>                               (19,807,287)
<INCOME-TAX>                                            0
<INCOME-CONTINUING>                           (19,807,287)
<DISCONTINUED>                                          0
<EXTRAORDINARY>                                         0
<CHANGES>                                               0
<NET-INCOME>                                  (19,807,287)
<EPS-PRIMARY>                                       (1.81)
<EPS-DILUTED>                                       (1.81)
        

</TABLE>
Exhibit 31.1

RULE 13a-14(a) / 15d-14(a)

CERTIFICATIONS (PRINCIPAL EXECUTIVE OFFICER)

CERTIFICATIONS

I, John P. McConnell, certify that:

|   | 1. | I have reviewed this Annual Report on Form 10-K/A for the fiscal year ended May 31, 2019 of Worthington Industries, Inc.; and |
|--------|----|-------------------------------------------------------------------------------------------------------------------------------|

 

|   | 2. | Based on my knowledge, this 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 report. |
|--------|----|------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|

 

 

 

 

 

| Date:  August 30, 2019 | By:    |   | /s/ John P. McConnell                        |
|----------------------------------|--------|--------|----------------------------------------------|
|                             |   |   | John P. McConnell, Chairman of the Board and |
|                             |   |   | Chief Executive Officer                      |
11 TH COURT OF APPEALS
EASTLAND , TEXAS
JUDGMENT

Daryl Wayne Wright
, * From the 244th District Court of Ector County, Trial Court No. C

- 18

- 1072

- CR

.

Vs. No. 11

- 2 1

- 00 106

- CR * April 21, 2022

The State of Texas
, * Per Curiam Memorand um Opinion (P anel consists of: Bailey , C.J., Trotter , J. , and W illiams, J.

This court has inspected the record in this cause and concludes that there is no error in the judgment below. Therefore, in accordance with this court ’ s opi nion,

the judgment of the trial court is in all things affirmed.
**Exhibit 32.1**

**CERTIFICATION PURSUANT TO**

**SECTION 1350, CHAPTER 63 OF TITLE 18, UNITED STATES CODE,**

**AS ADOPTED PURSUANT TO**

**SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002**

Pursuant to Section 1350, Chapter 63 of Title 18, United States Code, as adoptedpursuant to Section 906 of the Sarbanes-Oxley Act of 2002, the undersigned, as chief executive officer of SMTC Corporation (the “Company”), does hereby certify that to the undersigned’s knowledge: 

1) the Company’s annual report on Form 10-K for the fiscal period ended January 4, 2009 fully complies with the requirements ofSection 13(a) or 15(d) of the Securities Exchange Act of 1934; and 

2) the information contained in the Company’s annual report onForm 10-K for the fiscal period ended January 4, 2009 fairly presents, in all material respects, the financial condition and results of operations of the Company. 

 

Date: April 6, 2009 

A signed original of this written statement required by Section 906 has been provided to SMTC Corporation and will be retained by SMTC Corporation and furnished tothe Securities and Exchange Commission or its staff upon request.
# United States Court **of Appeals**  **f or the Fifth Circuit** 

No. 21

- 50135 Summary Calendar

**United States of America,** Plaintiff

— Appellee **,**

versus
**Omar Sanchez**

**- Barrera,**  Defendant

— Appellant

**.**
Appeal from the United States District Court for the Western District of Texas USDC No. 4:20

- CR

- 384

- 1

Before **Higginbotham, Jones,** and **Costa ,**  Circuit Judges

**. Per Curiam**  **:** * Omar Sanchez

- Barrera appeals the within

- guidelines sentence of 37 months of imprisonment and three years of supervised release imposed following his guilty plea conviction for illegal reentry after deportation from the United States. He argues that the enhanced sentencing range in 8 U.S.C.

* Pursuant to **5th Cir cuit**  **R ule**  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 **5th Cir cuit**  **R ule**  47.5.4. United States Court of Appeals Fifth Circuit 

### FILED June 4, 2021 Lyle W. Cayce Clerk Case: 21-50135 Document: 00515887887 Page: 1 Date Filed: 06/04/2021No. 21

- 50135

2 § 1326(b) is unconstitutional because a prior conviction is an element of the offense that must be alleged in the indictment or found by a jury beyond a reasonable doubt. He concedes that the issue is foreclosed by Almendarez

Torres v. United State s , 523 U.S. 224 (1998), but seeks to preserve it for further review. The Government has filed an unopposed motion for summary affirmance, agreeing that the issue is foreclosed by Almendarez

Torres

. Alternat ivel y, the Government requests an extension of t ime to file its brief.
In Almendarez

- Torres , 523 U.S. at 226

- 27, the Supreme Court held that a prior conviction used to enhance a sentence under § 1326(b) is a sentencing factor, not an element of the offense. Neither Apprendi v. New Jersey , 530 U.S. 466, 476, 490 (2000), nor subsequent Supreme Court cases overruled Almendarez

- Torres , which remains binding precedent. See United States v. Wallace , 759 F.3d 486, 497 (5th Cir. 2014); United States v. Garza

Lopez , 410 F.3d 268, 276 (5th Cir. 2005). According ly, Sanchez

- Barrera’s sole appellate argument is foreclosed by Almendarez

- Torres

. Because the Government’s position “is clearly right as a matter of law so that there can be no substantial question as to the outcome of the case,” Groendyke Transp., Inc. v. Davis , 406 F.2d 1158, 1162 (5th Cir. 1969), the Government’s motion for summary affirmance is **GRANTED** , the Government’s alternative motion for an extension of time to file a brief is **DENIED** , and the judgment of the district court is **AFFIRM ED** 

. Case: 21-50135 Document: 00515887887 Page: 2 Date Filed: 06/04/2021
* Pursuant to 5TH CIR. 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 5TH CIR. R. 47.5.4.

United States Court of Appeals

Fifth Circuit

FILED

June 22, 2005

Charles R. Fulbruge III

Clerk

IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

 

No. 04-40777

Conference Calendar

 

UNITED STATES OF AMERICA,

Plaintiff-Appellee,

versus

MARIA NICOLASA SALINAS,

Defendant-Appellant.

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

Appeal from the United States District Court

for the Southern District of Texas

USDC No. 5:03-CR-1974-1

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

Before WIENER, BENAVIDES, and DENNIS, Circuit Judges.

PER CURIAM:*

Maria Nicolasa Salinas appeals the sentence imposed

following her guilty plea to transporting an illegal alien

for private financial gain. Citing United States v. Booker,

125 S. Ct. 738 (2005), Salinas argues that the six-level increase

she received pursuant to U.S.S.G. § 2K2.1(b)(5) violated her

Sixth Amendment rights. As Salinas did not raise this claim in

the district court, our review is for plain error. See United

States v. Mares, 402 F.3d 511, 520 (5th Cir. 2005), petition for
No. 04-40777

-2-

cert. filed (Mar. 31, 2005) (No. 04-9517). Salinas’s argument

fails to survive review under this standard because she has not

shown that any Booker error affected her substantial rights. 

See id. at 522. 

AFFIRMED.
CERTIFICATION


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), each of the undersigned officers of
Churchill Tax-Free Trust, do hereby certify to such officer's
knowledge, that:

The report on Form N-CSR of Churchill Tax-Free Trust for the
period ended June 30, 2006, (the "Form N-CSR") fully complies
with the requirements of section 13(a) or 15(d) of the Securities
Exchange Act of 1934 and information contained in the Form N-CSR
fairly presents, in all material respects, the financial condition
and results of operations of Churchill Tax-Free Trust.


Dated:  September 7, 2006	/s/  Diana P. Herrmann
					------------------------
					President and Trustee
					Churchill Tax-Free Trust

Dated:  September 7, 2006	/s/  Joseph P. DiMaggio
					---------------------------
     					Chief Financial Officer and
      					Treasurer
					Churchill Tax-Free Trust



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
 Churchill Tax-Free Trust and will be retained by Churchill Tax-Free
Trust and furnished to the Securities and Exchange Commission or its
staff upon request.

This certification is being furnished solely pursuant to 18 U.S.C.
ss. 1350 and is not being filed as part of the Report or as a separate
disclosure document.
SATURNA INVESTMENT TRUST

POWER OFATTORNEY

 

The undersigned Trustees of Saturna Investment Trust, a MassachusettsBusiness Trust organized under the laws of the State of Washington, proposing tofile with the Securities and Exchange Commission under the Securities Act of1933, as amended, one or more amendments to the Registration Statement on FormN-1A and related Amendments to the Registration Statement of the Trust under theInvestment Company Act of 1940 ("Amendments") do hereby separately and severallyappoint and constitute Nicholas F. Kaiser, whose signature appears below:

/s/ Nicholas F. Kaiser

Nicholas F. Kaiser

his true and lawful attorney for him and in his name, place and stead to signin the capacity of a Trustee of the Trust such Amendments and any and alladditional amendments thereto, and to file such amendments and all instrumentsnecessary or incidental thereto with the Securities and Exchange Commissionunder such 1933 and 1940 Acts.

IN WITNESS WHEREOF, the undersigned has hereunto set his hand and seal this14th day of December, 2005.

 

/s/ Gary A. Goldfogel 	

Gary A. Goldfogel					 

			

 

/s/ John E. Love		

John E. Love

 

/s/ John S. Moore		

John S. Moore					

 

/s/ Herbert Grubel		

Herbert Grubel
<TABLE> <S> <C>


<ARTICLE>                                            9
       
<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                              Dec-31-1997
<PERIOD-END>                                   Mar-31-1997
<CASH>                                         29,223,457
<INT-BEARING-DEPOSITS>                         399,607
<FED-FUNDS-SOLD>                               4,170,000
<TRADING-ASSETS>                               0
<INVESTMENTS-HELD-FOR-SALE>                    163,684,418
<INVESTMENTS-CARRYING>                         90,395,620
<INVESTMENTS-MARKET>                           90,440,000
<LOANS>                                        682,138,598
<ALLOWANCE>                                    10,394,405
<TOTAL-ASSETS>                                 1,009,600,255
<DEPOSITS>                                     879,493,971
<SHORT-TERM>                                   25,466,603
<LIABILITIES-OTHER>                            5,363,741
<LONG-TERM>                                    5,000,000
<PREFERRED-MANDATORY>                          0
<PREFERRED>                                    0
<COMMON>                                       61,425,426
<OTHER-SE>                                     26,731,086
<TOTAL-LIABILITIES-AND-EQUITY>                 1,009,600,255
<INTEREST-LOAN>                                15,573,312
<INTEREST-INVEST>                              3,549,844
<INTEREST-OTHER>                               116,915
<INTEREST-TOTAL>                               19,240,071
<INTEREST-DEPOSIT>                             8,215,711
<INTEREST-EXPENSE>                             8,639,906
<INTEREST-INCOME-NET>                          10,600,165
<LOAN-LOSSES>                                  500,000
<SECURITIES-GAINS>                             (9,813)
<EXPENSE-OTHER>                                7,260,655
<INCOME-PRETAX>                                4,827,452
<INCOME-PRE-EXTRAORDINARY>                     4,827,452
<EXTRAORDINARY>                                0
<CHANGES>                                      0
<NET-INCOME>                                   3,042,452
<EPS-PRIMARY>                                  .28
<EPS-DILUTED>                                  .28
<YIELD-ACTUAL>                                 4.74
<LOANS-NON>                                    2,011,000
<LOANS-PAST>                                   2,140,000
<LOANS-TROUBLED>                               0
<LOANS-PROBLEM>                                0
<ALLOWANCE-OPEN>                               9,715,388
<CHARGE-OFFS>                                  159,088
<RECOVERIES>                                   338,105
<ALLOWANCE-CLOSE>                              10,394,405
<ALLOWANCE-DOMESTIC>                           10,394,405
<ALLOWANCE-FOREIGN>                            0
<ALLOWANCE-UNALLOCATED>                        0
        


</TABLE>
[Federal Register Volume 82, Number 159 (Friday, August 18, 2017)]
[Notices]
[Page 39444]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-17429]


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

DEPARTMENT OF HEALTH AND HUMAN SERVICES

National Institutes of Health


National Institute of Biomedical Imaging and Bioengineering; 
Notice of Closed Meetings

    Pursuant to section 10(d) of the Federal Advisory Committee Act, as 
amended, notice is hereby given of the following meetings.
    The meetings will be closed to the public in accordance with the 
provisions set forth in sections 552b(c)(4) and 552b(c)(6), Title 5 
U.S.C., as amended. The grant applications and the discussions could 
disclose confidential trade secrets or commercial property such as 
patentable material, and personal information concerning individuals 
associated with the grant applications, the disclosure of which would 
constitute a clearly unwarranted invasion of personal privacy.

    Name of Committee: National Institute of Biomedical Imaging and 
Bioengineering Special Emphasis Panel; NIBIB Team-Based R25 Review 
(2018/01).
    Date: September 28, 2017.
    Time: 09:00 a.m. to 5:00 p.m.
    Agenda: To review and evaluate grant applications.
    Place: National Institutes of Health, Two Democracy Plaza, Suite 
920, 6707 Democracy Boulevard, Bethesda, MD 20892, (Virtual 
Meeting).
    Contact Person: Ruixia Zhou, Ph.D., Scientific Review Officer, 
6707 Democracy Boulevard, Democracy Two Building, Suite 957, 
Bethesda, MD 20892, (301) 496-4773, <a href="/cdn-cgi/l/email-protection#156f7d7a60675578747c793b7b7c7d3b727a63"><span class="__cf_email__" data-cfemail="2f5547405a5d6f424e46430141464701484059">[email protected]</span></a>.

    Name of Committee: National Institute of Biomedical Imaging and 
Bioengineering Special Emphasis Panel; T32-R25 Review Meeting (2018/
01).
    Date: October 24, 2017.
    Time: 09:30 a.m. to 7:00 p.m.
    Agenda: To review and evaluate grant applications.
    Place: National Institutes of Health, Two Democracy Plaza, Suite 
920, 6707 Democracy Boulevard, Bethesda, MD 20892, (Virtual 
Meeting).
    Contact Person: John K. Hayes, Ph.D., Scientific Review Officer, 
6707 Democracy Blvd., Suite 959, Democracy Two, Bethesda, MD 20892, 
(301) 451-3398, <a href="/cdn-cgi/l/email-protection#d0b8b1a9b5a3ba90bdb1b9bcfebeb9b8feb7bfa6"><span class="__cf_email__" data-cfemail="adc5ccd4c8dec7edc0ccc4c183c3c4c583cac2db">[email protected]</span></a>.

    Dated: August 14, 2017.
David Clary,
Program Analyst, Office of Federal Advisory Committee Policy.
[FR Doc. 2017-17429 Filed 8-17-17; 8:45 am]
BILLING CODE 4140-01-P


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