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



Exhibit 12.1
 GENERAL CABLE CORPORATION AND SUBSIDIARIES
 Computation of Ratio of Earnings to Fixed Charges
(in millions)
 Nine FiscalMonthsEndedSept 28,
    
    
    Year Ended December 31,2007
    
    
    2006
    
    
    2005
    
    
    2004
    
    
    2003
    
    
    2002EARNINGS, AS DEFINEDEarnings
(loss) from operations before income taxes and before adjustments for minority
interests in consolidated subsidiaries
and after eliminating undistributed
earnings of equity method investees
    
    $
    241.8
    
    
    $
    204.3
    
    
    $
    61.5
    
    
    $
    18.5
    
    
    $
    (1.2
    )
    
    $
    (27.6
    )Preferred stock dividend (pre-tax equivalent)
    
    
    (0.3
    )
    
    
    (0.5
    )
    
    
    (33.8
    )
    
    
    (9.2
    )
    
    
    (0.9
    )
    
    
    Fixed charges
    
    
    32.1
    
    
    
    43.3
    
    
    
    76.7
    
    
    
    49.4
    
    
    
    53.6
    
    
    
    47.5TOTAL EARNINGS, AS DEFINED
    
    $
    273.6
    
    
    $
    247.1
    
    
    $
    104.4
    
    
    $
    58.7
    
    
    $
    51.5
    
    
    $
    19.9FIXED CHARGES, AS DEFINEDInterest expense
    
    $
    26.8
    
    
    $
    36.9
    
    
    $
    36.5
    
    
    $
    35.0
    
    
    $
    45.3
    
    
    $
    41.3Amortization
of capitalized expenses related to debt
    
    
    2.9
    
    
    
    3.1
    
    
    
    3.4
    
    
    
    2.7
    
    
    
    4.5
    
    
    
    3.7Preferred stock dividend (pre-tax equivalent)
    
    
    0.3
    
    
    
    0.5
    
    
    
    33.8
    
    
    
    9.2
    
    
    
    0.9
    
    
    
    Interest component of rent expense
    
    
    2.1
    
    
    
    2.8
    
    
    
    3.0
    
    
    
    2.5
    
    
    
    2.9
    
    
    
    2.5TOTAL FIXED CHARGES, AS DEFINED
    
    $
    32.1
    
    
    $
    43.3
    
    
    $
    76.7
    
    
    $
    49.4
    
    
    $
    53.6
    
    
    $
    47.5RATIO OF EARNINGS TO FIXED CHARGES
    
    
    8.5
    
    
    
    5.7
    
    
    
    1.4
    
    
    
    1.2
    
    
    
    
    
    
    
    
Amendment No. 1 to the Rewards Network Inc. 2006 Long-Term Incentive Plan



 Exhibit 10.10 
 AMENDMENT NUMBER ONE 
 TO THE 
 REWARDS NETWORK INC. 
 2006 LONG-TERM INCENTIVE PLAN 
 WHEREAS, Rewards Network Inc., a Delaware corporation (the “Company”), has heretofore adopted and maintains the Rewards Network Inc.
2006 Long-Term Incentive Plan (the “Plan”); 
 WHEREAS, the Board of Directors of the Company (the “Board”) has
retained the power to amend the Plan; and 
 WHEREAS, the Board has authorized the amendment of the Plan to comply with final
regulations issued under Section 409A of the Internal Revenue Code of 1986, as amended (the “Code”). 
 NOW THEREFORE,
pursuant to the power of amendment contained in Section 8(e) of the Plan, the Plan is hereby amended, effective as of January 1, 2009, as follows: 
 1. Section 2(h) of the Plan is hereby amended by adding “in accordance with Section 409A of the Code” immediately prior to the proviso set forth therein. 
 2. Section 6(c)(i) of the Plan is hereby amended by adding the phrase “and permitted under Section 409A of the Code” immediately
after the phrase “except as provided in Section 7(a),” where it appears therein. 
 3. Section 6(e)(i) of the Plan is
hereby amended by adding “in accordance with Section 409A of the Code” at the end of the first sentence thereof. 







 IN WITNESS WHEREOF, the Company has caused this instrument to be executed by its duly authorized
agent on this 31st day of December, 2008. 
  

			
	REWARDS NETWORK INC.
		
	By:	 	 /s/ Ronald L. Blake



  

 2
<TABLE> <S> <C>

<PAGE>
<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM THE
JULY 31, 1996 CONSOLIDATED FINANCIAL STATEMENTS AND IS QUALIFIED IN ITS
ENTIRETY BY REFERENCE TO SUCH FINANCIAL STATEMENTS.
</LEGEND>
       
<S>                             <C>
<PERIOD-TYPE>                   12-MOS
<FISCAL-YEAR-END>                          JUL-31-1996
<PERIOD-END>                               JUL-31-1996
<CASH>                                          50,046
<SECURITIES>                                         0
<RECEIVABLES>                                  471,279
<ALLOWANCES>                                    51,402
<INVENTORY>                                    457,862
<CURRENT-ASSETS>                               953,320
<PP&E>                                         128,400
<DEPRECIATION>                                  20,146
<TOTAL-ASSETS>                               1,163,811
<CURRENT-LIABILITIES>                          177,820
<BONDS>                                        404,328
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                           352
<OTHER-SE>                                     475,906
<TOTAL-LIABILITY-AND-EQUITY>                 1,163,811
<SALES>                                      1,137,377
<TOTAL-REVENUES>                             1,137,377
<CGS>                                          576,764
<TOTAL-COSTS>                                  576,764
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                53,508
<INTEREST-EXPENSE>                              30,102
<INCOME-PRETAX>                                 70,088
<INCOME-TAX>                                    25,094
<INCOME-CONTINUING>                             44,994
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                (1,096)
<CHANGES>                                            0
<NET-INCOME>                                    43,898
<EPS-PRIMARY>                                     1.20
<EPS-DILUTED>                                     1.20
        

</TABLE>
[ARTICLE] 5
<TABLE>
<S>                             <C>
[PERIOD-TYPE]                   9-MOS
[FISCAL-YEAR-END]                          DEC-31-1998
[PERIOD-END]                               SEP-30-1998
[CASH]                                      $2,338,418
[SECURITIES]                                        $0
[RECEIVABLES]                               $8,103,899
[ALLOWANCES]                                  $537,792
[INVENTORY]                                         $0
[CURRENT-ASSETS]                           $14,979,624
[PP&E]                                     $36,625,430
[DEPRECIATION]                             $28,954,792
[TOTAL-ASSETS]                             $22,692,681
[CURRENT-LIABILITIES]                      $25,501,340
[BONDS]                                             $0
[PREFERRED-MANDATORY]                               $0
[PREFERRED]                                       $145
[COMMON]                                      $179,861
[OTHER-SE]                                $(3,210,153)
[TOTAL-LIABILITY-AND-EQUITY]               $22,692,681
[SALES]                                     $3,324,227
[TOTAL-REVENUES]                           $24,920,576
[CGS]                                      $13,015,159
[TOTAL-COSTS]                              $13,015,159
[OTHER-EXPENSES]                           $20,875,566
[LOSS-PROVISION]                                    $0
[INTEREST-EXPENSE]                            $608,941
[INCOME-PRETAX]                           $(9,579,090)
[INCOME-TAX]                                        $0
[INCOME-CONTINUING]                       $(9,579,090)
[DISCONTINUED]                                      $0
[EXTRAORDINARY]                                     $0
[CHANGES]                                           $0
[NET-INCOME]                              $(9,579,090)
[EPS-PRIMARY]                                   $(.54)
[EPS-DILUTED]                                   $(.54)
</TABLE>
UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 96-7242

LAWRENCE M. BREAKLEY,

Petitioner - Appellant,

versus

GEORGE HINKLE, Warden,

Respondent - Appellee.

Appeal from the United States District Court for the Eastern District of Virginia, at Alexandria. Claude M. Hilton, District

Judge. (CA-95-1786)

Submitted: December 17, 1996 Decided: January 6, 1997

Before WIDENER, NIEMEYER, and HAMILTON, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Lawrence M. Breakley, Appellant Pro Se. Leah Ann Darron, Assistant

Attorney General, Richmond, Virginia, for Appellee.

Unpublished opinions are not binding precedent in this circuit.

See Local Rule 36(c).
2

PER CURIAM:

Appellant appeals the district court's order denying relief on

his petition filed under 28 U.S.C. § 2254 (1994), amended by Antiterrorism and Effective Death Penalty Act of 1996, Pub. L. No. 104-

132, 110 Stat. 1214. We have reviewed the record and the district

court's opinion and find no reversible error. Accordingly, we deny

a certificate of appealability and dismiss the appeal on the reasoning of the district court. Breakley v. Hinkle, No. CA-95-1786

(E.D. Va. July 31, 1996). We dispense with oral argument because

the facts and legal contentions are adequately presented in the materials before the court and argument would not aid the decisional

process.

DISMISSED
**Exhibit 32.2****CERTIFICATION OF CHIEF FINANCIAL OFFICER****Pursuant to Section 906 of the Sarbanes-Oxley Act of 2002 (18 U.S.C. 1350****)**     The undersigned executive officer of Anchor BanCorp Wisconsin Inc. (the “Registrant”)hereby certifies that the Registrant’s Form 10-Q for the three months ended June 30, 2007 fullycomplies with the requirements of Section 13(a) of the Securities Exchange Act of 1934 and that theinformation contained therein fairly presents, in all material respects, the financial conditionand results of operations of the Registrant.                           /s/ Dale C. Ringgenberg   Dale C. Ringgenberg, Treasurer and   Chief Financial Officer   August 3, 2007**Note:**A signed original of this written statement required by Section 906 of the Sarbanes-OxleyAct of 2002 has been provided to Anchor BanCorp Wisconsin Inc. and will be retained by AnchorBanCorp Wisconsin Inc. and furnished to the Securities and Exchange Commission or its staff uponrequest.
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
  Pursuant
to 18 U.S.C. § 1350, as created by Section 906 of the Sarbanes-Oxley
Act of 2002, the undersigned officer of Xedar Corporation (the “Company”) hereby certifies,
to such officer’s knowledge, that:
  (i) the
accompanying Annual Report on Form 10-K of the Company for the year ended
December 31, 2008 (the “Report”), fully complies with
the requirements of Section 13(a) or Section 15(d), as
applicable, of the Securities Exchange Act of 1934, as amended; and
  (ii) the
information contained in the Report fairly presents, in all material respects,
the financial condition and results of operations of the Company.
  March 16, 2009
                By:
                /s/ Hugh H. Williamson, IIIHugh H. Williamson, III

                  President
      and Chief Executive Officer
                  Xedar
      Corporation
**CERTIFICATION UNDER SECTION 906 OF THESARBANES-OXLEY ACT OF 2002 (18 U.S.C 1350)**

 

  I, **Nicholas Kaiser**, certify that:

This certification is being furnished pursuant to 18 U.S.C. 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, in connection with the filing of the Registrant’s Semi-Annual Report on Form N-CSRS for the period ended May 31, 2009 (the “Report”).

 I hereby certify 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. 78m(a) or 78o(d)); and

  Date: July 30, 2010  /s/ *Nicholas Kaiser*  President 

**CERTIFICATION UNDER SECTION 906 OF THESARBANES-OXLEY ACT OF 2002 (18 U.S.C 1350)**

  I, **Christopher Fankhauser**, certify that:

This certification is being furnished pursuant to 18 U.S.C. 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, in connection with the filing of the Registrant’s Semi-Annual Report on Form N-CSRS for the period ended May 31, 2009 (the “Report”).

I hereby certify 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. 78m(a) or 78o(d)); and

Date: July 30, 2010

/s/ *Christopher Fankhauser*Treasurer
[Federal Register Volume 74, Number 17 (Wednesday, January 28, 2009)]
[Notices]
[Page 5023]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-1800]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Office of the Secretary


Notice of Applications for Certificates of Public Convenience and 
Necessity and Foreign Air Carrier Permits Filed Under Subpart B 
(Formerly Subpart Q) During the Week Ending January 17, 2009

    The following Applications for Certificates of Public Convenience 
and Necessity and Foreign Air Carrier Permits were filed under Subpart 
B (formerly Subpart Q) of the Department of Transportation's Procedural 
Regulations (See 14 CFR 301.201 et seq.). The due date for Answers, 
Conforming Applications, or Motions to Modify Scope are set forth below 
for each application. Following the Answer period DOT may process the 
application by expedited procedures. Such procedures may consist of the 
adoption of a show-cause order, a tentative order, or in appropriate 
cases a final order without further proceedings.
    Docket Number: DOT-OST-2009-0010.
    Date Filed: January 16, 2009.
    Due Date for Answers, Conforming Applications, or Motion to Modify 
Scope: February 6, 2009.
    Description: Application of 1263343 Alberta Inc d/b/a enerjet 
(``enerjet'') requesting an exemption and foreign air permit to engage 
in non-scheduled charter trips in foreign air transportation between 
Canada and the United States.

Renee V. Wright,
Program Manager, Docket Operations, Federal Register Liaison.
 [FR Doc. E9-1800 Filed 1-27-09; 8:45 am]
BILLING CODE 4910-9X-P
ex10-1.htm


    
       

       

      
        
          Exhibit
10.1.1

          


          409A
Amendment to the

          Dynex
Capital, Inc.

          2004
Stock Incentive Plan

        

      

    


    


    


    WHEREAS,
Dynex Capital, Inc. (the “Company”) previously adopted the Dynex Capital, Inc.
2004 Stock Incentive Plan (the “Plan”); and

     

    WHEREAS,
the Company is authorized to amend the Plan under Article XV; and

     

    WHEREAS
the Company desires to amend the Plan in order to comply with the requirements
of Section 409A of the Internal Revenue Code and applicable guidance issued
thereunder (“Code Section 409A”); and

     

    WHEREAS,
all outstanding awards under the Plan are intended to be exempt from Code
Section 409A and the Company desires to maintain such exemption;
and

     

    WHEREAS,
the Plan allows for awards that are subject to Code Section 409A and the Company
desires to comply with Code Section 409A in the event any such awards are made
under the Plan in the future.

     

    NOW,
THEREFORE, the Company hereby amends the Plan as follows to be effective on
January 1, 2009:

     

    1.

     

    A
new Article XVIII is hereby added to the end of the Plan as
follows:

     

    ARTICLE
XVIII

    CODE
SECTION 409A COMPLIANCE

    


    The
Company intends that all Awards under this Plan either comply with Section 409A
of the Internal Revenue Code and applicable guidance issued thereunder (“Code
Section 409A”) or comply with an exemption from the application of Code Section
409A.  The Committee shall not exercise any discretion under the Plan
which would violate Code Section 409A.  Each Award Agreement covering
an Award subject to Code Section 409A shall comply with the requirements of Code
Section 409A and shall include any terms required by Code Section 409A
(including the 6 month delay requirement, authorized distribution events and
time and form of payment requirements).  All Awards exempt from Code
Section 409A shall be interpreted and administered in a manner as to maintain
such exemption.

     

    2.

     

    All
terms of the Plan not inconsistent with this Amendment shall remain in
effect.

     

    


     


    
      
        
           

        

         


      

      
         


        
          

        

      

      
         


      

    


    


     

    IN
WITNESS WHEREOF, Dynex Capital Inc. has caused this Amendment to be signed by
its duly authorized officer on the day and year first above
written.

     

    DYNEX
CAPITAL, INC.

    


    

      
        	
                Attest:

              	
                By:

              	
                /s/ Stephen J.
      Benedetti                                                                

              
	 
      	
                Its:

              	
                Executive Vice President, Chief
      Operating

              
	
                /s/ Alison G. Griffin

              	 
      	
                Officer and Chief Financial
      Officer
Exhibit 32



CERTIFICATION PURSUANT TO

18 U.S.C. SECTION
1350,

AS ADOPTED PURSUANT TO

SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002



Each of the undersigned
hereby certifies, in his capacity as an officer of The Finish Line, Inc. (the Company), for purposes of 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that to the best of his knowledge:



| |  |  | The Quarterly Report of the Company on Form 10-Q for the twenty-six weeks ended August 27, 2005 fully complies with the requirements of Section 13(a) of the Securities Exchange Act
of 1934 (15 U.S.C. 78m); and
| | - |  | -----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------



| |  |  | The information contained in such report fairly presents, in all material respects, the financial condition and results of operation of the Company.
| | - |  | ----------------------------------------------------------------------------------------------------------------------------------------------------



Dated: September 22, 2005

|                  |  |                                     
|----------------- |  | ------------------------------------
|                 
|/s/ Alan H. Cohen
|Name:             |  | Alan H. Cohen                       
|Title:            |  | Chairman and Chief Executive Officer

|                     |  |                                                                          
|-------------------- |  | -------------------------------------------------------------------------
|                    
|/s/ Kevin S. Wampler
|Name:                |  | Kevin S. Wampler                                                         
|Title:               |  | Executive Vice-President, Chief Financial Officer and Assistant Secretary
No. 1035.

#### Pittman et al. *v.*United States.

May 13, 1946.

*Jesse Kilgore Brockman*for petitioners.

*Solicitor General Mc-Grath, Assistant Attorney General Sonnett*and *Paul A. Sweeney*for the United States.

Petition for writ of certiorari to the Circuit Court of Appeals for the Fifth Circuit denied.
No. 275.

#### Nycum *v.*City of Altoona.

April 29, 1946.

Second petition for rehearing denied.

Mr. Justice Burton took no part in the consideration or decision of this application.

326 U. S. 808.
Michael Bohannan #1841746 9601 Spur 591 Amarillo, Texas 79107-9606 February 3, 2015
Abel Acosta/ Clerk Texas Court of Criminal Appeals P.O. Box 12308/ Capitol Station Austin, Texas 78711-2308 Re: Bohannan v. State, Trial Court No. 12-10-10953-CR 

### App. No. 09-13-00090-CR
Dear Mr.' Acosta: 

# 2S,2£2-2il

I ®f&0FCMNAlAPPEALS FEB092C15 

## A&sdAcosta,Cf@rk

I am in receipt of your correspondence datedJanuary 26, 2015. Youmistakenly "Re:" an oldhabeas corpus action of mine and not this current criminal case (if that makes anydifference as to your response). You informme that neither you nor the Court canprovide me the "legal advice" concerning my case. You 

### instructme tocontact "your attorney" or StateCounsel for Offenders. Mr. Acosta, I no longer amrepresented by counsel in 

### the cause and I have this life sentence.because I relied upon the legal misrepresentation/ i.e. advice/ of State Counsel; so you canbe assured Iwill not make that mistake again. I thought,that, perhaps/ someone there might be able to atleast explain the Court's rules and processes to me, so that I am able to access the Court when/ and' if/ the time for that 

### comes. Sinceyou indicate that is not possible/ I will address 

### my concerns in a formal motion if it becomes necessary forme to request the Court's intervention into the cause. Thankyou for your time and I apologize for the hassle. Respectfully/

cc: file 

# &l£X<^