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)
 Six FiscalMonthsEndedJune 27,
    
    
    Year Ended December 31,2008
    
    
    2007
    
    
    2006
    
    
    2005
    
    
    2004
    
    
    2003EARNINGS, 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
    
    $
    220.6
    
    
    $
    307.8
    
    
    $
    204.3
    
    
    $
    61.5
    
    
    $
    18.5
    
    
    $
    (1.2
    )Preferred stock dividend (pre-tax equivalent)
    
    
    (0.2
    )
    
    
    (0.5
    )
    
    
    (0.5
    )
    
    
    (33.8
    )
    
    
    (9.2
    )
    
    
    (0.9
    )Fixed charges
    
    
    33.2
    
    
    
    52.5
    
    
    
    43.3
    
    
    
    76.7
    
    
    
    49.4
    
    
    
    53.6TOTAL EARNINGS, AS DEFINED
    
    $
    253.6
    
    
    $
    359.8
    
    
    $
    247.1
    
    
    $
    104.4
    
    
    $
    58.7
    
    
    $
    51.5FIXED CHARGES, AS DEFINEDInterest expense
    
    $
    27.7
    
    
    $
    43.9
    
    
    $
    36.9
    
    
    $
    36.5
    
    
    $
    35.0
    
    
    $
    45.3Amortization of capitalized expenses related
to debt
    
    
    3.5
    
    
    
    4.5
    
    
    
    3.1
    
    
    
    3.4
    
    
    
    2.7
    
    
    
    4.5Preferred stock dividend (pre-tax equivalent)
    
    
    0.2
    
    
    
    0.5
    
    
    
    0.5
    
    
    
    33.8
    
    
    
    9.2
    
    
    
    0.9Interest component of rent expense
    
    
    1.8
    
    
    
    3.6
    
    
    
    2.8
    
    
    
    3.0
    
    
    
    2.5
    
    
    
    2.9TOTAL FIXED CHARGES, AS DEFINED
    
    $
    33.2
    
    
    $
    52.5
    
    
    $
    43.3
    
    
    $
    76.7
    
    
    $
    49.4
    
    
    $
    53.6RATIO OF EARNINGS TO FIXED CHARGES
    
    
    7.6
    
    
    
    6.9
    
    
    
    5.7
    
    
    
    1.4
    
    
    
    
    
    
    
    
Section 906 Certification of Chief Executive and Chief Financial Officer

Exhibit 32

                        GLOBAL ENTERTAINMENT CORPORATION
           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 Quarterly  Report of Form 10-QSB of Global  Entertainment
Corporation  (the  "Company")  for the fiscal quarter ending August 31, 2005, as
filed with the  Securities  and  Exchange  Commission  on the date  hereof  (the
"Quarterly Report"), the undersigned Chief Executive Officer and Chief Financial
Officer of the Company each hereby 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 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 Quarterly Report fairly presents, in
          all  material  respects,   the  financial  condition  and  results  of
          operations of the Company.

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 the Company and will be retained by
the Company and furnished to the Securities and Exchange Commission or its staff
upon request.

Dated October 14, 2005

/s/ Richard Kozuback
-----------------------------------
Richard Kozbuack
President & Chief Executive Officer


/s/ J. Craig Johnson
-----------------------------------
J. Craig Johnson
Chief Financial Officer
#### The People of the State of New York, Respondent, v David Rath, Appellant.

(Appeal No. 1.)

[852 NYS2d 921]

*1312Present-Scudder, PJ., Hurlbutt, Smith, Centra and Pine, JJ.
Exhibit 32.1


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

      In connection with the Quarterly Report of First Ipswich Bancorp (the
"Company") on Form 10-QSB for the quarter ended September 30, 2006 as filed with
the Securities and Exchange Commission on the date hereof (the "Report"), I,
Russell G. Cole, 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:

      (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.

      This certification is provided solely pursuant to 18 U.S.C. Section 1350
and Item 601(b)(32) of Regulation S-B ("Item 601(b)(32)") promulgated under the
Securities Act of 1933 (the "Securities Act") and the Securities Exchange Act of
1934 (the "Exchange Act"). In accordance with clause (ii) of Item 601(b)(32),
this certification (A) shall not be deemed "filed" for purposes of Section 18 of
the Exchange Act, or otherwise subject to the liability of that section, and (B)
shall not be deemed to be incorporated by reference into any filing under the
Securities Act or the Exchange Act, except to the extent that the Company
specifically incorporates it by reference.


/s/ Russell G. Cole
---------------------------
Russell G. Cole
Chief Executive Officer

November 14, 2006
Exhibit 10.70






Exhibit 10.70




October 15, 2008



Mariner Partners, Inc.

500 Mamaroneck Avenue

4th Floor

Harrison, New York 10528



Re: 409A Correction for Amended and Restated Voting Agreement




Gentlemen:



Reference is made to (a) the Amended and Restated Voting Agreement dated as of October 12, 2005, a
copy of which is attached hereto as Exhibit A (the “Amended and Restated Voting
Agreement), and (b) the Amended and Restated Voting Agreement dated as of October 15, 2008, a
copy of which is attached hereto as Exhibit B (the “2008 Voting Agreement).




Whereas, the undersigned recognize that the Amended and Restated Voting Agreement and the
2008 Amended and Restated Voting Agreement are identical except for their different grant
dates for the stock options granted therein, and




Whereas, the undersigned mutually agree that, in order to better establish an exemption from
Code Section 409A, it is desirable to execute the 2008 Amended and Restated Voting Agreement
as a replacement for the stock option granted pursuant to the Amended and Restated Voting
Agreement.



In consideration of the foregoing (which the parties acknowledge to be due and adequate
consideration for the terms of this letter agreement), the undersigned hereby agree that, effective
immediately upon the execution of this letter agreement by you and the Participating Shareholders
(i) the 2008 Amended and Restated Voting Agreement shall become effective and the option contained
therein shall become exercisable by you in accordance with its terms, and (ii) the Amended and
Restated Voting Agreement will terminate and become null and void, and your right to exercise the
option contained therein, whether vested or unvested, shall immediately, irrevocably, and
permanently terminate.



This letter agreement may be signed in two or more counterparts, each of which shall be deemed an
original and all of which together shall constitute one and the same instrument.



[Signature page follows]




 


 









 







	 	 	 	 	 	 	 	 	 
	Date: October 15, 2008	 	PARTICIPATING SHAREHOLDERS	 	 
	 
	 	 	 	 	 	 	 	 
	ACKNOLWEDGED AND AGREED:	 	/s/ Mark W. Blackman	 	 
	 	 	 	 	 	 	 
	 	 	 	 	Mark W. Blackman	 	 
	 	 	 	 	80 Deepwood Road	 	 
	MARINER PARTNERS, INC.	 	Darien, CT 06820	 	 
	 
	 	 	 	 	 	 	 	 
	 	 	 	 	LIONSHEAD INVESTMENTS LLC	 	 
	 
	 	 	 	 	 	 	 	 
	By:

	 	/s/ William J. Michaelcheck	 	 	 	 	 	 
	 

	 	 

	 	 	 	 	 	 
	 
	 	 	 	 	 	 	 	 
	 

	 	 	 	By:
	 	/s/ John N. Blackman, Jr.	 	 
	 

	 	 	 	 	 	 	 	 
	 

	 	 	 	 	 	John N. Blackman, Jr.	 	 
	 
	 	 	 	 	 	 	 	 
	 

	 	 	 	By:
	 	/s/ Kathleen Blackman	 	 
	 

	 	 	 	 	 	 	 	 
	 

	 	 	 	 	 	Kathleen Blackman	 	 
	 
	 	 	 	 	 	 	 	 
	 	 	 	 	/s/ Robert G. Simses	 	 
	 	 	 	 	 	 	 
	 	 	 	 	Robert G. Simses	 	 
	 	 	 	 	(as trustee of the Louise Blackman Trusts)
Exhibit (23)(e)Consent of Independent Registered Public Accounting Firm
We consent to the incorporation by reference in the following Registration Statements of ConsumersEnergy Company: (1) Registration Statement (Form S-3 No. 333-120611) of Consumers Energy Company, and  (2) Registration Statement (Form S-8 No. 333-76347) pertaining to the Employee Savingsand Incentive Plan of Consumers Energy Company;of our report dated February 21, 2007, with respect to the consolidated financial statements andschedule of Consumers Energy Company for 2006 and 2005 included in this Annual Report (Form 10-K)for the year ended December 31, 2007.               /s/Ernst & Young LLP         Detroit, Michigan
Affirmed and Majority and Concurring Opinions filed August 20, 2024.

In The

Fourteenth Court of Appeals

NO. 14-22-00881-CV

RONALD SCOTT CATT, Appellant

V.

BRIAN MIDDLETON IN HIS OFFICIAL CAPACITY AS DISTRICT 

ATTORNEY OF FORT BEND COUNTY, Appellee

On Appeal from the 268th District Court

Fort Bend County, Texas

Trial Court Cause No. 22-DCV-290442

CONCURRING OPINION

I write separately to point out that Catt has filed a partial record and 

designated points or issues. See Tex. R. App. P. 34.6(c)(1). The majority should, 

but does not, analyze whether Catt’s appellate arguments fall within those 

designated points or issues. See Mason v. Our Lady Star of the Sea Catholic 

Church, 154 S.W.3d 816, 818–820 (Tex. App.—Houston [14th Dist.] 2005, no 

pet.) (citing Christiansen v. Prezelski, 782 S.W.2d 842, 843 (Tex. 1990)
2

(interpreting former 1986 Texas Rule of Appellate Procedure 53(d), 49 Tex. B.J. 

556, 573–74 (1986) (since amended))). Catt should not be given special treatment 

because he is a pro se litigant, and we should not reach the merits of points or 

issues that are not properly before us.

I concur in the judgment.

/s/ Charles A. Spain

Justice 

Panel consists of Justices Spain, Poissant, and Wilson. (Poissant, J., majority).
<TABLE> <S> <C>

<ARTICLE> 5
<MULTIPLIER> 1,000

<S>                             <C>
<PERIOD-TYPE>                   YEAR
<FISCAL-YEAR-END>                          DEC-31-1999
<PERIOD-END>                               DEC-31-1999
<CASH>                                             342
<SECURITIES>                                         0
<RECEIVABLES>                                   19,775
<ALLOWANCES>                                         0
<INVENTORY>                                     10,734
<CURRENT-ASSETS>                                83,962
<PP&E>                                       1,643,804
<DEPRECIATION>                                 701,127
<TOTAL-ASSETS>                               1,074,233
<CURRENT-LIABILITIES>                           81,721
<BONDS>                                        370,793
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                             1
<OTHER-SE>                                     469,638
<TOTAL-LIABILITY-AND-EQUITY>                 1,074,233
<SALES>                                              0
<TOTAL-REVENUES>                               287,793
<CGS>                                                0
<TOTAL-COSTS>                                  144,446
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                              29,416
<INCOME-PRETAX>                                116,588
<INCOME-TAX>                                    43,575
<INCOME-CONTINUING>                             73,013
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                    73,013
<EPS-BASIC>                                          0
<EPS-DILUTED>                                        0


</TABLE>
#### Julius V. ROBERTS, Claimant-Appellant, v. Gordon H. MANSFIELD, Acting Secretary of Veterans Affairs, Respondent-Appellee.

No. 2007-7266.

United States Court of Appeals, Federal Circuit.

Dec. 11, 2007.

Julius V. Roberts, pro se.

ORDER

The appellant having failed to file the brief required by Federal Circuit Rule 31(a) within the time permitted by the rules, it is

ORDERED that the notice of appeal be, and the same hereby is, DISMISSED, for *256failure to prosecute in accordance with the ruleg
Exhibit 12.01

                   Commercial Credit Company and SUBSIDIARIES
                Computation of Ratio of Earnings to Fixed Charges

                           ALL COMPANIES CONSOLIDATED
                            (In millions of dollars)

<TABLE>
<CAPTION>

                                                                                    Year ended December 31,
-----------------------------------------------------------------------------------------------------------------------------------

                                                            1996             1995           1994             1993            1992
-----------------------------------------------------------------------------------------------------------------------------------
<S>                                                     <C>              <C>              <C>              <C>            <C>     
Income from continuing operations
  before income taxes and minority
  interests                                             $  297.0         $  334.0         $  363.9         $  467.9       $  428.8

Elimination of undistributed
  equity earnings                                            (.8)            (1.3)            (1.9)           (26.8)          (3.0)

Pre-tax minority interest                                                    --              (20.0)           (32.3)        --

Add:
  Interest                                                 475.5            463.5            402.8            363.7          369.7
  Interest portion of rentals                                9.4              9.6             10.9             11.2           11.7
-----------------------------------------------------------------------------------------------------------------------------------
Income available for fixed charges                      $  781.1         $  805.8         $  755.7         $  783.7       $  807.2
===================================================================================================================================

Fixed charges:
  Interest                                              $  475.5         $  463.5         $  402.8         $  363.7       $  369.7
  Interest portion of rentals                                9.4              9.6             10.9             11.2           11.7
-----------------------------------------------------------------------------------------------------------------------------------

Fixed charges                                           $  484.9         $  473.1         $  413.7         $  374.9       $  381.4
===================================================================================================================================

Ratio of earnings to fixed charges                           1.61x            1.70x            1.83x            2.09x          2.12x
===================================================================================================================================

</TABLE>
UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 98-6051

CUPID C. SHAW, Plaintiff - Appellant, versus CHARLESTON COUNTY SOLICITORS OFFICE; CHARLES LUPTON; JIMMIE BLACKBURN; UNKNOWN MAN, in BMW with Lupton & Blackburn, Defendants - Appellees. Appeal from the United States District Court for the District of South Carolina, at Charleston. David C. Norton, District Judge. (CA-97-3350-2-18AJ) Submitted: September 30, 1998 Decided: October 14, 1998 Before ERVIN, LUTTIG, and WILLIAMS, Circuit Judges. Affirmed by unpublished per curiam opinion. Cupid C. Shaw, Appellant Pro Se. Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c).2 PER CURIAM: Cupid C. Shaw appeals the district court’s order dismissing his 42 U.S.C.A. § 1983 (West Supp. 1998) complaint. Shaw’s case was referred to a magistrate judge pursuant to 28 U.S.C. § 636(b)(1)(B) (1994). The magistrate judge recommended that relief be denied and advised Shaw that failure to file timely objections to this recommendation could waive appellate review of a district court order based upon the recommendation. Despite this warning, Shaw failed to object to the magistrate judge’s recommendation. The timely filing of objections to a magistrate judge’s recommendation is necessary to preserve appellate review of the substance of that recommendation when the parties have been warned that failure to object will waive appellate review. See Wright v. Collins , 766 F.2d 841, 845-46 (4th Cir. 1985). See generally Thomas v. Arn , 474 U.S. 140 (1985). Shaw has waived appellate review byfailing to file objections after receiving proper notice. Accordingly, we affirm the judgment of the district court. We dispensewith 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.

AFFIRMED
<TABLE> <S> <C>

<ARTICLE>                     5
<LEGEND>
This schedule contains summary financial information extracted from the
Condensed Consolidated Balance Sheets at October 28, 2000 and the Condensed
Consolidated Statements of Operations for the thirty-nine weeks ended October
28, 2000 and is qualified in its entirety by reference to such financial
statements.
</LEGEND>

<S>                             <C>
<PERIOD-TYPE>                   9-MOS
<FISCAL-YEAR-END>                              FEB-03-2001
<PERIOD-END>                                   OCT-28-2000
<CASH>                                             134,600
<SECURITIES>                                             0
<RECEIVABLES>                                    1,810,100
<ALLOWANCES>                                           300
<INVENTORY>                                     38,113,200
<CURRENT-ASSETS>                                42,941,900
<PP&E>                                          55,769,200
<DEPRECIATION>                                  25,993,400
<TOTAL-ASSETS>                                  75,754,200
<CURRENT-LIABILITIES>                           16,459,700
<BONDS>                                                  0
<PREFERRED-MANDATORY>                                    0
<PREFERRED>                                              0
<COMMON>                                        48,513,700
<OTHER-SE>                                    (19,147,700)
<TOTAL-LIABILITY-AND-EQUITY>                    75,754,200
<SALES>                                        120,915,900
<TOTAL-REVENUES>                               120,915,900
<CGS>                                           74,504,800
<TOTAL-COSTS>                                   74,504,800
<OTHER-EXPENSES>                                54,543,500
<LOSS-PROVISION>                                         0
<INTEREST-EXPENSE>                               1,902,700
<INCOME-PRETAX>                               (10,035,100)
<INCOME-TAX>                                             0
<INCOME-CONTINUING>                           (10,035,100)
<DISCONTINUED>                                           0
<EXTRAORDINARY>                                          0
<CHANGES>                                                0
<NET-INCOME>                                  (10,035,100)
<EPS-BASIC>                                         (0.37)
<EPS-DILUTED>                                       (0.37)


</TABLE>
Exhibit 32.1



CERTIFICATION



Pursuant to 18 U.S.C. § 1350, the undersigned officer of WEST PENN POWER COMPANY (the Company), hereby certifies, to such officers
knowledge, that the Companys Annual Report on Form 10-K for the fiscal year ended December 31, 2003 (the Report) fully complies with the requirements of Section 13(a) of the Securities Exchange Act of 1934 and that the
information contained in the Report fairly presents, in all material respects, the financial condition and results of operations of the Company.



|               |  |  |  |                                            
|-------------- |  |  |  | -------------------------------------------
|               |  |  |  |                                            
|               |  | 
|               |  |  |  | /s/    PAUL J. EVANSON                     
|               |  |  |  |                                            
|March 11, 2004 |  |  |  | Paul J. Evanson Principal Executive Officer
<PAGE>
 
                                                                      EXHIBIT 12

<TABLE>
<CAPTION>
                                                      THREE MONTHS ENDED                 NINE MONTHS ENDED
                                                         SEPTEMBER 30,                      SEPTEMBER 30, 
                                                 -----------------------------      -----------------------------
                                                     1998              1997            1998               1997
                                                 -----------       -----------      -----------       -----------
<S>                                              <C>               <C>              <C>               <C>
DETERMINATION OF RATIO OF EARNINGS TO
   FIXED CHARGES:

(Loss) earnings before income taxes and
   extraordinary charge                          $(2,391,939)      $   898,546      $(6,384,334)      $ 4,307,581

Fixed charges
   Amortization of deferred financing costs          251,980                            580,415
   Interest expense                                3,258,101           737,978        7,650,415         2,295,565
                                                 -----------       -----------      -----------       -----------
Earnings before fixed charges                      1,118,142         1,636,524        1,846,496         6,603,146

Fixed charges
   Amortization of deferred financing costs          251,980                            580,415
   Interest expense                                3,258,101           737,978        7,650,415         2,295,565
                                                 -----------       -----------      -----------       -----------
Total fixed charges                                3,510,081           737,978        8,230,830         2,295,565

Ratio of earnings to fixed charges                     0.32X             2.22X            0.22X             2.88X
                                                 ===========       ===========      ===========       ===========
</TABLE>

                                                                              23