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




Exhibit 10.6







First Amendment


Franklin Financial Corporation Employment Agreement


(Donald F. Marker)







WHEREAS, Franklin Financial Corporation, (the “Company”), has previously entered into an employment agreement (the “Agreement”) with Donald F. Marker (the “Executive”); and







WHEREAS, the Company and the Executive have determined that a modification to the Agreement is necessary and appropriate, and desire to enter into this First Amendment (the “Amendment”) on the terms and conditions set forth herein.







NOW, THEREFORE, in consideration of the mutual covenants herein contained, and for other good and valuable consideration, the receipt of which is hereby acknowledged, the Company and the Executive hereby amend Section 5.1, effective as of the Effective Date of the Agreement (as defined therein),  to read as follows:







“5.1           Change in Control Benefits. If a Change in Control occurs during the term of this Agreement and, thereafter, the Executive’s employment terminates involuntarily but without Cause or if the Executive voluntarily terminates employment with Good Reason, the Company shall make or cause to be made a lump-sum payment to the Executive in an amount in cash equal to three (3) times the Executive’s average annual compensation.  For this purpose, average annual compensation means the Executive’s average annual taxable income reported by the Company (or any affiliate of the Company) for the five (5) calendar years immediately preceding the calendar year in which the Change in Control occurs, provided, however, that such average annual taxable income shall not include any amount reported in the Executive’s Corrected Wage and Tax Statement on Form W-2c, Box 11, relating to distributions received by the Executive from the 2001 Amended and Restated Franklin Federal Savings Bank Deferred Compensation Plan for Directors and Senior Officers.  The payment required under this paragraph is payable no later than five (5) business days after the Executive’s termination of employment.  If the Executive receives payment under Section 5.1, the Executive shall not be entitled to any additional severance benefits under Section 4.1 of this Agreement.  In addition to the cash severance benefit provided for under this Section 5.1, the Company shall provide the Executive with the post-termination insurance coverage described in Section 4.2(a) of this Agreement, subject to the provisions of Section 4.2(b) of this Agreement.”







*     *     *     *     *







In all other respects, the parties hereby ratify and affirm the terms of the Agreement.






  





  











  








IN WITNESS WHEREOF, the Company has caused this Amendment to be executed by duly authorized officers, and the Executive has signed this Amendment, as of the 21 day of December, 2011.








	  	
FRANKLIN FINANCIAL CORPORATION


	  	  
	  	
By:

	
 
/s/ Richard T. Wheeler, Jr.




	  	  
	  	
/s/ Donald F. Marker


	  	
Donald F. Marker
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[Federal Register Volume 82, Number 174 (Monday, September 11, 2017)]
[Notices]
[Pages 42724-42725]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-19200]


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

DEPARTMENT OF THE TREASURY

Internal Revenue Service


Open Meeting of the Taxpayer Advocacy Panel Special Projects 
Committee

AGENCY: Internal Revenue Service (IRS), Treasury.

ACTION: Notice of meeting.

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

SUMMARY: An open meeting of the Taxpayer Advocacy Panel Special 
Projects Committee will be conducted. The Taxpayer Advocacy Panel is 
soliciting public comments, ideas, and suggestions on improving 
customer service at the Internal Revenue Service.

DATES: The meeting will be held Tuesday, October 10, 2017.

FOR FURTHER INFORMATION CONTACT: Matthew O'Sullivan at 1-888-912-1227 
or (510) 907-5274.

SUPPLEMENTARY INFORMATION: Notice is hereby given pursuant to Section 
10(a)(2) of the Federal Advisory Committee Act, 5 U.S.C. App. (1988) 
that a meeting of the Taxpayer Advocacy Panel Special Projects 
Committee will be held Tuesday, October 10, 2017, at 1:00 p.m. Eastern 
Time via teleconference. The public is invited to make oral comments or 
submit written statements for consideration. Due to limited conference 
lines, notification of intent to participate must be made with

[[Page 42725]]

Matthew O'Sullivan. For more information please contact Matthew 
O'Sullivan at 1-888-912-1227 or (510) 907-5274, or write TAP Office, 
1301 Clay Street, Oakland, CA 94612-5217 or contact us at the Web site: 
http://www.improveirs.org. The agenda will include various IRS issues.
    The agenda will include a discussion on various special topics with 
IRS processes.

    Dated: September 1, 2017.
Antoinette Ross,
Acting Director, Taxpayer Advocacy Panel.
[FR Doc. 2017-19200 Filed 9-8-17; 8:45 am]
 BILLING CODE 4830-01-P
<PAGE>

                                                                    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 on Form 10-Q of Aspect Medical
Systems, Inc. (the "Company") for the period ended April 2, 2005 as filed with
the Securities and Exchange Commission on the date hereof (the "Report"), the
undersigned, Nassib G. Chamoun, Chief Executive Officer of the Company, hereby
certifies, pursuant to 18 U.S.C. Section 1350, 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.

                                                     /s/ Nassib G. Chamoun
                                                     ---------------------------
Dated: May 12, 2005                                  Nassib G. Chamoun
                                                     Chief Executive Officer
* 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.

IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

 

No. 99-21086

Conference Calendar

 

UNITED STATES OF AMERICA,

Plaintiff-Appellee,

versus

JUAN CARLOS GUERRERO-SUAREZ,

also known as Leonel Jiminez Alvarez,

also known as Juan Guerrero, 

also known as Juan C. Guerrero,

also known as Juan Carlos Guerrero,

also known as Juan Martinez Guerrero,

also known as Juan Soto,

Defendant-Appellant.

- - - - - - - - - -

Appeal from the United States District Court

for the Southern District of Texas

USDC No. H-99-CR-402-1

- - - - - - - - - -

August 22, 2001

Before KING, Chief Judge, and POLITZ and PARKER, Circuit Judges.

PER CURIAM:*

Juan Carlos Guerrero-Suarez appeals from his guilty-plea

conviction for illegal reentry by a previously deported alien in

violation of 8 U.S.C. § 1326(b). Guerrero-Suarez argues that the

indictment was insufficient because it failed to allege any

specific-intent element. He concedes, however, that this

argument is foreclosed by United States v. Ortegon-Uvalde, 179
No. 99-21086 

-2-

F.3d 956, 959 (5th Cir.), cert. denied, 528 U.S. 979 (1999), and

United States v. Trevino-Martinez, 86 F.3d 65, 68 (5th Cir.

1996). He raises the issue only to preserve it for possible

Supreme Court review. 

Next, Guerrero-Suarez avers that his indictment was

defective for charging him with a prohibited status offense. 

This argument is foreclosed by our decision in United States v.

Tovias-Marroquin, 218 F.3d 455, 456-57 (5th Cir.), cert. denied,

121 S. Ct. 670 (2000).

Finally, Guerrero-Suarez contends that the indictment was

insufficient because it failed to allege any mens rea. This

court’s recent decision in United States v. Berrios-Centeno, 250

F.3d 294, 298-300 (5th Cir. 2001), is dispositive. The instant

indictment fairly conveyed that Guerrero-Suarez’s presence was a

voluntary act from the allegations that he was deported, removed,

and subsequently present without consent of the Attorney General. 

Accordingly, the judgment of conviction is AFFIRMED.
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</TABLE>
**Exhibit 32.2**SECTION 1350 CERTIFICATIONIn connection with the Quarterly Report of Croghan Bancshares, Inc. (the “Corporation”) on Form10-Q for the quarterly period ended September 30, 2005, as filed with the Securities and ExchangeCommission on the date hereof (the “Report”), I, Allan E. Mehlow, Treasurer of the Corporation,certify, pursuant to 18 U.S.C. section 1350, as adopted pursuant to section 906 of theSarbanes-Oxley Act of 2002, that to the best of my knowledge:(1) The Report fully complies with the requirements of section 13(a) or 15(d) of the SecuritiesExchange Act of 1934; and (2) The information contained in the Report fairly presents, in all material respects, thefinancial condition and results of operations of the Corporation.     Date: October 25, 2005   /s/ Allan E. Mehlow         Allan E. Mehlow, Treasurer* This certification is being furnished as required by Rule 13a-14(b) under the Securities ExchangeAct of 1934 (the “Exchange Act”) and Section 1350 of Chapter 63 of Title 18 of the United States Code, andshall not be deemed “filed” for purposes of Section 18 of the Exchange Act or otherwise subject to theliability of that section. This certification shall not be deemed to be incorporated by reference into anyfiling under the Securities Act of 1933 or the Exchange Act, except as otherwise stated in suchfiling.
24
EXHIBIT 32

CERTIFICATION OF PERIODIC REPORT

In connection with the Quarterly Report of U.S. Physical
Therapy, Inc. (the Company) on Form 10-Q for the quarterly period ended June 30, 2012, as filed with the Securities and Exchange Commission on the date hereof (the Report), I, Christopher J. Reading, President and Chief
Executive Officer of the Company, Lawrance W. McAfee, Chief Financial Officer of the Company, and Jon C. Bates, Vice President and Corporate Controller 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.



|                                   
|-----------------------------------
|August 9, 2012                     
|                                   
|/s/ CHRISTOPHER J. READING         
|Christopher J. Reading             
|Chief Executive Officer            
|                                   
|/s/ LAWRANCE W. MCAFEE             
|Lawrance W. McAfee                 
|Chief Financial Officer            
|                                   
|/s/ JON C. BATES                   
|Jon C. Bates                       
|Vice President/Corporate Controller

This certification is made solely pursuant to the requirement of Section 1350 of 18 U.S.C., and is not for any other
purpose. A signed original of this written statement required by Section 906 has been provided to U. S. Physical Therapy, Inc. and will be retained by U. S. Physical Therapy, Inc. and furnished to the Securities and Exchange Commission or
its staff upon request.



29
#### City of Boston vs. Heidi Erickson.

December 6, 2007.

*Supreme Judicial Court,*

Superintendence of inferior courts. *Animal.*

*Heidi Erickson,*pro se.

*Elizabeth L. Bostwick,*Assistant Corporation Counsel, for the plaintiff.

Heidi Erickson was charged in the Central Division of the Boston Municipal Court Department with six counts of animal cruelty. G. L. c. 272, § 77. While those charges were pending, a judge in that court ordered that six animals (four living and two dead), which had been seized from Erickson’s apartment and were in the custody of the city of Boston (city), be returned to her. The city sought relief from the judge’s order under G. L. c. 211, § 3, in the county court. After Erickson was convicted, the city withdrew its challenge to the return of the living animals and proceeded only as to the deceased ones. A single justice denied the city’s petition for relief, on the condition that Erickson demonstrate to the judge “that she has made arrangements for [t]he prompt and proper disposal [of the deceased animals], which disposal also is in compliance with health codes.” Erickson appeals, arguing that this condition interferes with her property rights and other interests by requiring her to discard or destroy the deceased animals. However, we interpret the condition to mean not that she must discard or destroy the animals, but that whatever she does with them, including keeping them, she must comply with all applicable health codes and demonstrate to the satisfaction of the judge that she will do so. She is under no obligation to forfeit her property. As such, the single justice did not err or abuse his discretion.1

*Judgment affirmed.*

1

Given our disposition of this matter, we do not address Erickson’s argument that the city was an improper party to challenge the judge’s order that the animals in its custody be returned.
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###### Small Business Administration

          - [Disaster Declaration #15274 and #15275; TEXAS Disaster Number TX-00487]

# AGENCY:

U.S. Small Business Administration.

# ACTION:

Amendment 3.

# SUMMARY:

This is an amendment of the Presidential declaration of a major disaster for the State of TEXAS (FEMA-4332-DR), dated August 25, 2017.

# DATES:

Issued on 09/01/2017.

*Physical Loan Application Deadline Date:*                         10/24/2017.                    

*Economic Injury (EIDL) Loan Application Deadline Date:*                         05/25/2018.                    

# ADDRESS:

Submit completed loan applications to: U.S. Small Business Administration, Processing and Disbursement Center, 14925 Kingsport Road, Fort Worth, TX 76155.

# FOR FURTHER INFORMATION CONTACT:

A. Escobar, Office of Disaster Assistance, U.S. Small Business Administration, 409 3rd Street SW., Suite 6050, Washington, DC 20416, (202) 205-6734.

# SUPPLEMENTARY INFORMATION:

The notice of the President's major disaster declaration for the State of TEXAS, dated 08/25/2017, is hereby amended to include the following areas as adversely affected by the disaster: 

*Incident:*                     Hurricane Harvey.                

*Incident Period:*                     08/23/2017 and continuing.                

*Primary Counties (Physical Damage and Economic Injury Loans):*                     Polk, Tyler, Walker                          ( print page 42715)    

*Contiguous Counties (Economic Injury Loans Only):*

Texas:  Houston, Madison

All other information in the original declaration remains unchanged.

(Catalog of Federal Domestic Assistance Number 59008)

James E. Rivera,

Associate Administrator for Disaster Assistance.

[FR Doc. 2017-19123 Filed 9-8-17; 8:45 am]

BILLING CODE 8025-01-P