alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
* Pursuant to 5 TH 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5 TH CIR
. R. 47.5.4. 

### IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

No. 06-20412 Summary Calendar
UNITED STATES OF AMERICA Plaintiff-Appellee
v. THOMAS WAYNE EAST Defendant-Appellant

Appeal from the United States District Court for the Southern District of Texas USDC No. 4:05-CR-493 Before KING, HIGGINBOTHAM and DAVIS, Circuit Judges. PER CURIAM: * Thomas Wayne East appeals the sentence imposed by the district court following his guilty-plea conviction for possession with the intent to distribute crack cocaine. As his sole argument on appeal, East argues that the district court erred by enhancing his sentence based on his possession of a dangerous weapon pursuant to U.S.S.G. § 2D1.1(b)(1). East argues that the Government failed to satisfy its burden of proving a temporal and spatial relationship between the weapon and the drug-trafficking activity. United States Court of Appeals Fifth Circuit 

### F I L E D August 8, 2007 Charles R. Fulbruge III ClerkNo. 06-20412

2 Although East’s sentence is ultimately reviewed for reasonableness, this court must first determine whether the district court properly calculated his Guideline sentencing range. U nited Statesv. Tzep-Mejia, 461 F.3d 522, 526-27 (5th Cir. 2006). East raised this challenge to his sentence in the district court. Reviewofhis argument is thus for clear error. See United States v. Juluke , 426 F.3d 323, 328 (5th Cir. 2005). Under § 2D1.1(b)(1), the base offense level of a defendant convicted of drug-trafficking is increased by two levels “[i]f a dangerous weapon (including a firearm) waspossessed.” TheGovernment hasthe burden ofdemonstrating by a preponderance of the evidence that a temporal and spatial relation existed between the weapon, the drug activity, and the defendant. J uluke , 426 F.3d at 328. “The adjustment should be applied if the weapon was present, unless it is clearly improbable that the weapon was connected with the offense.” § 2D1.1(b)(1), comment. (n.3). TheGovernment established a spatial and temporal relationship between the pistol and the offense. Before East exited the truck, the pistol was located merefeet from the drugs that formed the basis oftheconviction. Further, given that East was carrying the drugs on his person, the distric t court could reasonably have inferred that East was either selling the drugsfrom his person or his truck, not his hotel room . Because the enhancement is plausible in light of the record as a whole, we AFFIRM the conviction and the sentence.
<TABLE> <S> <C>


<ARTICLE>                     5
<LEGEND>
     This schedule  contains summary  financial  information  extracted from the
consolidated  financial statements and is qualified in its entirety by reference
to such statements.
</LEGEND>
<MULTIPLIER>                                   1,000

<S>                             <C>
<PERIOD-TYPE>                   9-MOS
<FISCAL-YEAR-END>                          MAR-31-2000
<PERIOD-END>                               DEC-31-1999
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<SECURITIES>                                         0
<RECEIVABLES>                                    4,176
<ALLOWANCES>                                     2,318
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<CURRENT-ASSETS>                                10,484
<PP&E>                                          10,065
<DEPRECIATION>                                   4,347
<TOTAL-ASSETS>                                  18,041
<CURRENT-LIABILITIES>                           14,029
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<TOTAL-LIABILITY-AND-EQUITY>                    18,041
<SALES>                                              0
<TOTAL-REVENUES>                                16,574
<CGS>                                           13,161
<TOTAL-COSTS>                                   13,290
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                 377
<INCOME-PRETAX>                                 (9,618)
<INCOME-TAX>                                        (0)
<INCOME-CONTINUING>                             (9,618)
<DISCONTINUED>                                       0
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<EPS-BASIC>                                       (.96)
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</TABLE>
(logo) usbank                                                                                                                                                      All of us serving you

 

 

Annual Statement of Compliance

GS Mortgage Securities Trust 2013-GC13

 

 

VIA EMAIL

 

 

To Addresses on Exhibit A:

 

 

Re:       GS Mortgage Securities Trust 2013-GC13, Commercial Mortgage Pass-Through Certificates, Series 2013-GC13 (the “Trust”), issued pursuant to the Pooling and Servicing Agreement, dated as of July 1, 2013 (the “Agreement”), by and among GS Mortgage Securities Corporation II, as depositor, U.S. Bank National Association, as trustee and certificate administrator, Trimont Real Estate Advisors, Inc., as operating advisor, Wells Fargo Bank, National Association, as master servicer, and LNR Partners, LLC, as special servicer.

 

I, Kimberly O. Jacobs, a Senior Vice President of U.S. Bank National Association, as Certificate Administrator, hereby certify that:

 

(1) A review of the activities of the Certificate Administrator during the preceding calendar year (the “Reporting Period”) and of the performance of the Certificate Administrator under the Agreement has been made under my supervision; and

 

(2) To the best of my knowledge, based on such review, the Certificate Administrator has fulfilled all its obligations under the Agreement in all material respects throughout such Reporting Period.

 

Capitalized terms used but not defined herein have the meanings set forth in the Agreement.

 

 

Date: March 15, 2016

 

 

U.S. Bank National Association, as Certificate Administrator

 

 

By: /s/ Kimberly O. Jacobs

Kimberly O. Jacobs

Senior Vice President

 

 

Exhibit A

 

 

GS Mortgage Securities Corporation II

200 West Street

New York, New York 10282-2198

Attention: Leah Nivison

leah.nivison@gs.com

 

Wells Fargo Bank, National Association

9062 Old Annapolis Road

Columbia, Maryland 21045

Attention: CMBS – GS 2013-GC13

cts.sec.notifications@wellsfargo.com
exhibit43.htm


Exhibit 4.3






















INSTRUMENT OF ASSUMPTION


Air Quality Revenue Bonds


(Columbus Southern Power Company Project), Series 2007A







THIS INSTRUMENT OF ASSUMPTION, dated December 31, 2011, is entered into by OHIO POWER COMPANY, an Ohio corporation (the “Company”).







RECITALS







1.           Columbus Southern Company, an Ohio corporation (“CSP”), has heretofore entered into the Loan Agreement dated as of August 1, 2007 (the “Agreement”), by and between the Ohio Air Quality Development Authority, a political subdivision, body politic and corporate duly organized and existing under and by virtue of the Constitution and laws of the State of Ohio (the “Issuer”) and CSP, pursuant to which CSP is obligated to make certain payments related to the Air Quality Revenue Bonds (Columbus Southern Power Company Project), Series 2007A issued by the Issuer under the Indenture of Trust dated as of August 1, 2007 (as heretofore and hereafter amended or supplemented, the “Indenture”), with The Bank of New York Mellon Trust Company, N.A., as Trustee (the “Trustee”).







2.           On the date hereof, CSP merged into the Company.







3.            Pursuant to the Agreement and Plan of Merger dated December 31, 2011 among the Company and CSP, and Ohio Revised Code §1701.82, the Company became responsible and liable for all the liabilities and obligations of CSP when the merger became effective and thereby unconditionally assumed the due and prompt performance of all of the obligations of CSP under the Agreement in accordance with Section 8.3(b).


 


4.           This Instrument of Assumption is being executed pursuant to Sections 7.2 and 8.3 of the Agreement.







NOW, THEREFORE, BE IT KNOWN that, in consideration of the premises and of other good and valuable consideration the receipt and sufficiency of which are hereby acknowledged, the Company DOES HEREBY ASSUME all of the obligations of CSP under the Agreement and unconditionally assumes the due and prompt performance of all of the obligations of CSP under the Agreement in accordance with Section 8.3(b).







IN WITNESS WHEREOF, the Company has caused this Instrument to be executed as of the day and year first above written.


 







OHIO POWER COMPANY







/s/ Renee V. Hawkins


By: Renee V. Hawkins


Title: Assistant Treasurer
```

[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2519 Introduced in House (IH)]

112th CONGRESS
  1st Session
                                H. R. 2519

    To amend the Child Soldiers Prevention Act of 2008 to prohibit 
 peacekeeping operations assistance to countries that recruit and use 
                            child soldiers.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                             July 13, 2011

 Mr. Fortenberry introduced the following bill; which was referred to 
                    the Committee on Foreign Affairs

_______________________________________________________________________

                                 A BILL

 
    To amend the Child Soldiers Prevention Act of 2008 to prohibit 
 peacekeeping operations assistance to countries that recruit and use 
                            child soldiers.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. PROHIBITION ON PEACEKEEPING OPERATIONS ASSISTANCE TO 
              COUNTRIES THAT RECRUIT AND USE CHILD SOLDIERS.

    (a) In General.--Section 404(a) of the Child Soldiers Prevention 
Act of 2008 (22 U.S.C. 2370c-1(a)) is amended--
            (1) by striking ``or 541'' and inserting ``, 541, or 551''; 
        and
            (2) by striking ``or 2347'' and inserting ``, 2347, or 
        2348''.
    (b) Effective Date.--The amendments made by subsection (a) take 
effect on the date of the enactment of this Act and apply with respect 
to amounts made available for assistance under section 551 of the 
Foreign Assistance Act of 1961 that are unobligated or unexpended on or 
after such date.
                                 <all>
```
Exhibit 32.2

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 Charles & Colvard, Ltd. (the Company) on Form 10-Q for the period ending September 30, 2006 as filed with the Securities and Exchange Commission on the date hereof (the
Report), I, James R. Braun, Vice President of Finance and Chief Financial Officer of the Company, certify, pursuant to 18 U.S.C. § 1350, as adopted pursuant to § 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.
| | --- | ----------------------------------------------------------------------------------------------------------------------------------------------------



|                                                     
|-----------------------------------------------------
|/s/ James R. Braun                                   
|James R. Braun                                       
|Vice President of Finance and Chief Financial Officer
|November 8, 2006                                     

A signed original of this written statement required by Section 906 has been provided to Charles &
Colvard, Ltd. and will be retained by Charles & Colvard, Ltd. and furnished to the Securities and Exchange Commission or its staff upon request.
Document Headings

                    Document headings vary by document type but may contain                    the following:                  
                -                       the agency or agencies that issued and signed a document                    
                -                       the number of the CFR title and the number of each part                      the document amends, proposes to amend, or is directly                      related to                    
                -                       the agency docket number / agency internal file number                    
                -                       the RIN which identifies each regulatory action listed in                      the Unified Agenda of Federal Regulatory and Deregulatory                      Actions                    

                    See the                                          Document Drafting Handbook                                        for more details.                  

###### Department of Health and Human Services

###### National Institutes of Health

Pursuant to section 10(d) of the Federal Advisory Committee Act, as amended, notice is hereby given of the following meeting.

The meeting 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 Center for Complementary and Integrative Health Special Emphasis Panel; Mechanistic Studies to Optimize Mind and Body Interventions in NCCIH High Priority Research Topics (R33/R61).                    

*Date:*                         November 9, 2017.                    

*Time:*                         8:00 a.m. to 5:00 p.m.                    

*Agenda:*                         To review and evaluate grant applications.                    

*Place:*                         National Institutes of Health, Two Democracy Plaza, 6707 Democracy Boulevard, Bethesda, MD 20892 (Virtual Meeting).                    

*Contact Person:*                         Yisong Wang, Ph.D., Scientific Review Officer, Office of Scientific Review, NCCIH/NIH, Division of Extramural Activities, 6707 Democracy Boulevard, Suite 401, Bethesda, MD 20817, 301-480-9483,                         *yisong.wang@nih.gov.*

(Catalogue of Federal Domestic Assistance Program Nos. 93.213, Research and Training in Complementary and Integrative Health, National Institutes of Health, HHS)

Dated: September 13, 2017.

Michelle Trout, 

Program Analyst, Office of Federal Advisory Committee Policy.

[FR Doc. 2017-19856 Filed 9-18-17; 8:45 am]

 BILLING CODE 4140-01-P
Second Amendment to the Employment Agreement - Joseph Wm. Foran



 Exhibit 10.12 
 SECOND AMENDMENT TO EMPLOYMENT AGREEMENT 
 This Second Amendment (the
“Amendment”) to that certain employment agreement between Matador Resources Company, a Texas corporation (“Matador”), acting through its Board of Directors, and Joseph Wm. Foran (“Employee”) dated
August 9, 2011, as previously amended (collectively, with the prior amendment, the “Agreement”) is entered into and effective as of December 1, 2011. 

WHEREAS, Matador and Employee previously entered into the Agreement; and 

WHEREAS, Matador and Employee desire to modify the timing of the increase in base salary of the Employee and to modify the timing
of any payment to be made pursuant to Section 14(b) of the Agreement. 
 NOW, THEREFORE, Matador and Employee hereby
agree to amend the Agreement as follows: 
  

	1.	The first sentence of Section 4(a) of the Agreement is restated in its entirety to provide as follows: 


Beginning January 1, 2012, Employee shall receive an annualized salary of $550,000 per year, payable in installments in accordance
with Matador’s then standard payroll practices, or such higher compensation as may be established by Matador from time to time (“Base Salary”). 
  

	2.	Section 14(b) of the Agreement is restated in its entirety to provide as follows: 


(b) If Employee’s employment is terminated by the Company for a reason other than as described in
Section 14(a) or (c), or is terminated by Employee for Good Reason pursuant to Section 12(g), the Company shall (i) pay to Employee all Accrued Obligations as required under applicable wage payment laws and in accordance with the
Company’s customary payroll practices, and (ii) subject to Employee’s compliance with Sections 8 and 9, pay to Employee severance pay in an amount equal to two (2) times his then-current Base Salary as of the Date of Termination,
plus two (2) times an amount equal to the average annual amount of all bonuses paid to Employee with respect to the prior two (2) calendar years, in a lump sum, subject to Section 16(b), on the sixtieth (60th) day following the Date of Termination. Employee shall have no
obligation to seek other employment, and any income so earned shall not reduce the foregoing amounts. 
 [REMAINDER OF PAGE
INTENTIONALLY LEFT BLANK.] 







 IN WITNESS WHEREOF, Matador and Employee have duly executed this Amendment to be effective
as of the date set forth above. 
  

			
	MATADOR RESOURCES COMPANY
		
	By:	 	 /s/ David M. Laney

		 	David M. Laney
		 	Chairman of Nominating, Compensation and Planning Committee
		 	
	EMPLOYEE
	
	 /s/ Joseph Wm. Foran

	Joseph Wm. Foran, individually


 Signature Page 

  
 2
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 Creative  Eateries  Corporation (the
"Company")  on Form 10-QSB for the quarter  ended March 31, 2006,  as filed with
the Securities  and Exchange  Commission on the date hereof (the  "Report"),  I,
Frank  Holdraker,  certify to the best of my  knowledge,  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 result of  operations of the
Company.


/s/ Frank Holdraker
---------------------------
Frank Holdraker, President
May 23, 2006
# United States Court **of Appeals**  **f or the Fifth Circuit** 

No. 22

- 60032

**National Labor Relations Board,**

Petitioner **,**

versus

**Southwest Displays and Events,** doing business as **SWXGlobal Design & Production,**

Respondent

**.**

Application for Summary Entry of a Judgment of the National Labor Relations Board NLRB No. 16

- CA

- 264618

Before **Smith, Higginson,** and **Willett ,**  Circuit Judges

**. Per Curiam**  **:** *
Southwest Displays and Events makes and delivers tradeshow
exhibits. With certain exclusion s , all its employees performing “production
work” in its Dallas

- based plan t belong to a Union. The Union’s relationship with Southwest, though, turned sour in the summer of 2020. That was when

* 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 March 4, 2022
Lyle W. Cayce Clerk Case: 22-60032 Document: 00516226064 Page: 1 Date Filed: 03/04/2022No. 22

- 60032

2 Southwest withdrew its recognition of the Union. 1 It also refused to give the Union requested health

- and

- safety information.

The Union c omplained to the National Labor Relations Board . The
**NLRB** filed a complaint against Southwest. An Administrative Law Judge found that Southwest violated the National Labor Relations Act by both withdrawing its recognition of the Union and refusing to provide it with the requested health

- and

- safety information. T he **NLRB** ’s Board then
transferred the case to itself. It informed Southwest that it had about a month to file exceptions to the **ALJ** ’s decision. See 29 C.F.R. § 102.46. Otherwise,
the **ALJ** ’s decision was liable to stick. See id. § 102.48. Southwest never did. The Board adopted the **ALJ** ’s decision, and now asks us for a summary entry of judgment to enforce its order.
Congress has provided that “ [ n ] o objection that has not been urged
before the Board

. . . shall be considered by the court, unless the failure or

n eglect to urge such objection shall be excused because of extraordinary circumstances.” 29 U.S.C. § 160(e). And we have emphasized that “fail[ing] to comply with the [Board’s] regulations requiring the filing of written exceptions” entitles the Board to su mmary entry of judgment. N.L.R.B. v. Mooney Aircraft, Inc. , 310 F.2d 565, 566 (5th Cir. 1962) (per curiam). Southwest, for its part , does not dispute the facts. It only disputes that its
conduct amounted to an **FLSA** violation. But that is a merits dispute, and disputing the merits is not the kind of extraordinary circumstance that exempts companies from the Board’s procedural rules. Therefore, **IT IS**
**ORDERED** that the Petitioner’s application for summary entry of a judgment enforcing an order of the **NLRB** is **GRANTED**

.

1 Southwest about

- faced its withdrawal of recognition about a year later, in June
2021. Case: 22-60032 Document: 00516226064 Page: 2 Date Filed: 03/04/2022
exhibit_10n9.htm


Exhibit 10(n)9


 


 


 


ALLETE, INC.


Non-Management Director Compensation


Effective January 19, 2011







 

 



	
Board Retainers (1) (2)


Stock


Cash

	
 


$60,000


$35,000


	
Committee Cash Retainers (1) (2)


Audit


Executive Compensation


Corporate Governance & Nominating

	
 


$9,000


$7,500


$7,500


	
Chair Cash Retainers (1) (2)


Audit


Executive Compensation


Corporate Governance & Nominating

	
 


$8,500


$5,500


$4,500













	
Lead Director (1) (2) (3)


Board Stock Retainer


Board Cash Retainer


Lead Director Cash Retainer

	
 


$60,000


$35,000


$25,000













	
Board Chairman (1) (2) (3)


Board Stock Retainer


Board Cash Retainer

	
 


$90,000


$85,000


















	
(1)

	
Cash and stock retainers may be deferred under the Director Compensation Deferral Plan II.








	
(2)

	
Cash retainers may be elected to be received in ALLETE stock.








	
(3)

	
Lead Director and Board Chairman are not eligible for other committee or chair retainers.