alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
EXHIBIT 32.1

                          CEO 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  Annual  Report  of  Emclaire   Financial  Corp.  (the
"Corporation")  on Form 10-K for the year ending December 31, 2005 as filed with
the Securities and Exchange Commission on the date here (the "Report"), I, David
L. Cox, Chief  Executive  Officer of the  Corporation,  certify,  pursuant to 18
U.S.C.  ss. 1350, as adopted  pursuant to ss. 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 Corporation.

/S/DAVID L. COX
-----------------------
David L. Cox
Chief Executive Officer
March 27, 2006
Exhibit 10.34  SECOND AMENDMENT TO THE
WESTERN GAS RESOURCES, INC.
1999 STOCK OPTION PLAN  This Second Amendment to the Western Gas Resources, Inc. 1999 Stock
Option Plan is made this 30th day of June, 2002, effective
June 30, 2002.  RECITALS  A.The Board of Directors adopted the Western
Gas Resources, Inc. 1999 Stock Option Plan (the Plan).  B.Section 4(d) of the Plan authorizes the
Board of Directors to amend the Plan.  C.The Board of Directors desires to amend the
Plan to make the modifications set forth herein.  NOW, THEREFORE,the
Western Gas Resources, Inc. 1999 Stock Option Plan is amended as follows:  1.Section 9.e. is hereby deleted in its
entirety and replaced with the following:  e.Options may be exercised, in whole or in
part, by the surrender (or delivery) to the Company of previously acquired
shares of Company common stock held for greater than six months.  This method of exercise is to include the
constructive exchange (or surrendering) of Company stock already owned and held
for greater than six months (Payment Shares) in payment for the shares to be
received under the option exercise in lieu of actually tendering such Company
stock to the Company. If the Payment Shares are held by a registered securities
broker for the optionee in street name, the optionee will provide the Company
with a notarized statement attesting to the number of shares owned that are
intended to serve as Payment Shares. If the Company stock certificates are
actually held by the optionee, he shall provide the Company with their
certificate numbers. Upon receipt of a notarized statement regarding ownership
of the Payment Shares, or upon confirmation of ownership of the Payment Shares
by reference to Company records, the Company shall treat the Payment Shares as
being constructively exchanged. The Company shall then issue to the employee a
certificate for a net number of shares: the number of shares subject to the
option exercise less the number of Payment Shares. The exchange price for the
Payment Shares under the respective option exercise will be the Fair Market
Value of the Company common stock as determined in 2.g. above as of the
effective date of the exchange.  
   2.Except
as hereby amended, the Plan is hereby ratified and confirmed by the Board of
Directors and its provisions shall remain in full force and effect.  ADOPTED by the Board of Directors of Western Gas Resources, Inc.
effective as of the date first set forth above.  WESTERN GAS RESOURCES, INC.By:
  /s/John
  C. WalterTitle:
  Executive Vice President


---
Fourth Court of Appeals

San Antonio, Texas

JUDGMENT

Nos. 04-13-00434-CR & 04-13-00435-CR

Troy Eugene DOVE,

Appellant

v.

The STATE of Texas,

Appellee

From the 144th Judicial District Court, Bexar County, Texas

Trial Court Nos. 2013CR3631 & 2013CR3632

The Honorable Angus McGinty, Judge Presiding

BEFORE CHIEF JUSTICE STONE, JUSTICE ANGELINI, AND JUSTICE MARION

In accordance with this court’s opinion of this date, these appeals are DISMISSED.

SIGNED September 18, 2013.

_________________________________

Catherine Stone, Chief Justice
**EXHIBIT 32.2**

** **

**CERTIFICATION OF CHIEF FINANCIAL OFFICER OFTHE REGISTRANT,**

**PURSUANT TO 18 U.S.C. SECTION 1350, ASADOPTED PURSUANT TO**

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

 

In connection with theQuarterly Report of Dynamex Inc., a Delaware corporation (the “Company”), onForm 10-Q for the period ended October 31, 2004, as filed with the Securitiesand Exchange Commission on the date hereof (the “Report”), Ray E. Schmitz, VicePresident and Chief Financial Officer of the Company, hereby certifies, pursuantto 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of theSarbanes-Oxley Act of 2002, to the best of his knowledge, that:

 

1.             The Report fully complies with the requirements ofSection 13(a) or 15(d) of the Securities Exchange Act of 1934; and

 

2.             Information contained in the Report fairly presents, inall material respects, the financial condition and results of operations of theCompany.

 

 
| /s/ RAY E. SCHMITZ                         |   |
|--------------------------------------------|--------|
| Ray E. Schmitz                             |
| Vice President and Chief Financial Officer |
| December 6,  2004                          |

 

 

This certificationaccompanies this Report pursuant to Section 906 of the Sarbanes-Oxley Act of2002 and shall not, except to the extent required by the Sarbanes-Oxley Act of2002, be deemed filed by the Company for purposes of Section 18 of the SecuritiesExchange Act of 1934, as amended.

 

E-5

----
tmok2010ex10_56.htm


Exhibit 10.56




 


THERMO FISHER SCIENTIFIC INC.


 


AMENDMENT NO. 1 TO


EXECUTIVE CHANGE IN CONTROL RETENTION AGREEMENT


 


This AMENDMENT NO. 1 (the “Amendment”) to the Executive Change in Control Retention Agreement dated November 21, 2009 (the “Agreement”) by and between Thermo Fisher Scientific Inc. (the “Company”) and Marc N. Casper (the “Executive”) is made as of November 30, 2010.  Capitalized terms used but not otherwise defined herein shall have the meanings ascribed to such terms in the Agreement.







WHEREAS, the Company and the Executive entered into the Agreement to provide separation pay and benefits to the Executive in the event the Executive’s employment with the Company is terminated under certain circumstances;







WHEREAS, the Company desires to amend the Agreement to reflect compliance with the requirements of Section 409A of the Internal Revenue Code of 1986, as amended;







NOW, THEREFORE, in consideration for the mutual promises contained herein, the parties hereby agree as follows.








	
1.  

	
Section 3.2 of the Agreement is hereby amended by inserting the following text at the end thereof:







 


“d.           The provisions of Section 3.5 shall be applied as follows:  Payment of benefits under Section 3.1 shall be made on (or, with respect to in kind benefits subject to Section 409A, commence on) the 60th day following the Executive’s separation from service, provided that the Executive has by that time executed and submitted the release of claims and separation agreement described in Section 3.5.”.  The Company shall provide the Executive with a form of release and separation agreement promptly following the Executive’s separation from service, but in no event later than seven (7) days following the Executive’s separation from service.”


 


2.             Except as expressly modified herein, the Agreement shall remain in full force and effect.


 



	
3.

	
This Amendment may be executed in one or more counterparts, each of which shall be deemed to be an original, but all of which shall be one and the same document.







 


 


[Remainder of Page Intentionally Left Blank]











  





  











  









                IN WITNESS WHEREOF, this Amendment has been duly executed and delivered by the parties hereto as of the day and year first above written.


 



                                    THERMO FISHER SCIENTIFIC INC.


 


 


                                    By:  __________________________________

                                             Name:


                                             Title:


 


 


 


                                    MARC N. CASPER


 


 


                                    __________________________________






 

 
















  





  





 2
I 

112TH CONGRESS 

1ST SESSION H. R. 298 

To designate the facility of the United States Postal Service located at 

500 East Whitestone Boulevard in Cedar Park, Texas, as the ‘‘Army 

Specialist Matthew Troy Morris Post Office Building’’. 

IN THE HOUSE OF REPRESENTATIVES 

JANUARY 18, 2011 

Mr. CARTER introduced the following bill; which was referred to the 

Committee on Oversight and Government Reform 

A BILL 

To designate the facility of the United States Postal Service 

located at 500 East Whitestone Boulevard in Cedar 

Park, Texas, as the ‘‘Army Specialist Matthew Troy 

Morris Post Office Building’’. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. ARMY SPECIALIST MATTHEW TROY MORRIS 

4 POST OFFICE BUILDING. 

5 (a) DESIGNATION.—The facility of the United States 

6 Postal Service located at 500 East Whitestone Boulevard 

7 in Cedar Park, Texas, shall be known and designated as 


tjames on DSKG8SOYB1PROD with BILLS
2 

•HR 298 IH

1 the ‘‘Army Specialist Matthew Troy Morris Post Office 

2 Building’’. 

3 (b) REFERENCES.—Any reference in a law, map, reg4 ulation, document, paper, or other record of the United 

5 States to the facility referred to in subsection (a) shall 

6 be deemed to be a reference to the ‘‘Army Specialist Mat7 thew Troy Morris Post Office Building’’. 

Æ 


tjames on DSKG8SOYB1PROD with BILLS
Exhibit 32.2

Certification Pursuant to Section 906 of the Sarbanes-Oxley Act of 2002

The undersigned, as
Chief Financial Officer of Transcend Services, Inc., certifies that to the undersigneds knowledge, the Form 10-K/A for the year ended December 31, 2007, which accompanies this certification fully complies with the requirements of
Section 13(a) or 15(d), as applicable, of the Securities Exchange Act of 1934 and the information contained in the annual report fairly presents, in all material respects, the financial condition and results of operations of Transcend Services,
Inc. at the dates and for the periods indicated. The foregoing certification is made solely for purposes of Title 18, Chapter 63, Section 1350 of the United States Code.



|                                                                                  
|----------------------------------------------------------------------------------
|/s/    LANCE CORNELL                                                              
|Lance Cornell Chief Financial Officer (Principal Financial and Accounting Officer)

Date: May 19, 2008
ex10-12f.htm






  





  


 





  



Exhibit 10.12(f)















SIXTH AMENDMENT TO THE


MINERALS TECHNOLOGIES INC. RETIREMENT PLAN


(as amended and restated effective as of January 1, 2006, with certain other effective dates)







WHEREAS, pursuant to Section 9.1 of the Minerals Technologies Inc. Retirement Plan, as amended and restated effective as of January 1, 2006, with certain other effective dates (the “Plan”), Minerals Technologies Inc. (the “Company”) reserves the right to amend the Plan by action of its Board of Directors and now wishes to do so by the following amendment.







NOW THEREFORE, the Plan is hereby amended as follows, effective as of the dates specified below:







1.           Effective October 1, 2010, Section 2.1(v) shall be amended by adding the following sentence after the first sentence thereof:








	
  

	
“A person shall be considered to be ‘in the service of an Employer’ while such person is on ‘layoff’ under the Company’s policies and procedures, provided such person was an Eligible Employee immediately before such layoff begins.  ‘Layoff’ means an authorized short term leave of absence in which the Company has the expectation that the employee will return to work within a short duration, and such layoff shall not exceed a maximum of ninety (90) calendar days within any rolling twelve (12) month period.  A layoff must be approved and authorized by the applicable business unit head and the Company’s Vice-President of Human Resources.”







 


2.           Effective January 1, 2009, Section 4.7 shall be added to the Plan to read as follows:







“4.7  Military Differential Wage Payments


Effective January 1, 2009, differential wage payments, as defined by Code section 3401(h)(2), shall be  treated as Earnings, Career Earnings, and Compensation (as defined in Section 8.5).”







3.           Effective January 1, 2007, Section 7.4 shall be added to the Plan to read as follows:







“7.4  Death During Military Service


In the case of a Member’s death occurring on or after January 1, 2007, if a Member dies while performing qualified military service (as defined in Code section 414(u)), the Beneficiary(ies) or surviving Spouse of the Member, as applicable, shall be entitled to any additional benefits (other than benefit accruals relating to the period of qualified military service) provided under the Plan as if the Member had resumed employment and then terminated employment on account of death.  In addition, vesting service credit for the deceased Member’s period of qualified military service shall be credited to the extent required by Code section 401(a)(37).”











  





  











  













IN WITNESS WHEREOF, the Company, by its duly authorized officers, has caused this Amendment to be executed on this 17th day of December, 2010.  


MINERALS TECHNOLOGIES INC.

















BY: /s/ Thomas Meek


Thomas Meek


General Counsel












BY: /s/ D. Randy Harrison


D. Randy Harrison


Sr. Vice-President, Organization and Human Resources
UN PUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 18
- 6160

UNITED STATES OF AMERICA , Plaintiff

- Appellee ,

v. ROBERT ISADORE RICHARDSON , Defendant

- Appellant

.

Appeal from the United States District Court for the Northern District of West Virginia , at Martinsburg

. Gina M. Groh, Chief District Judge. ( 3:05

- cr - 00040

- GMG

- 1 ; 3:17

- cv 00023

- GMG )

Submitted : June 21, 2018 Decided: June 26, 2018

Before DIAZ and HARRIS , Circuit Judges , and SHEDD, Senior Circuit Judge

.

Dismissed by un published per curiam opinion

.

Robert Isadore Richardson , Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.2 PER CURIAM: Robert Isadore Richardson seeks to appeal the district court’s order dis missing as successive his 28 U.S.C. § 2255 (2012) motion. The order is not appealable unless a circuit justice or judge issues a certificate of appealability. 28 U.S.C. § 2253(c)(1)(B) (2012). A certificate of appealability will not issue absent “a subs tantial showing of the denial of a constitutional right.” 28 U.S.C. § 2253(c)(2) (2012). When the district court denies relief on the merits, a prisoner satisfies this standard by demonstrating that reasonable jurists would find that the district court’s assessment of the constitutional claims is debatable or wrong. Slack v. McDaniel , 529 U.S. 473, 484 (2000); see Miller

El v. Cockrell , 537 U.S. 322, 336

- 38 (2003). When the district court denies relief on procedural grounds, the prisoner must demonstrat e both that the dispositive procedural ruling is debatable, and that the motion states a debatable claim of the denial of a constitutional right. Slack , 529 U.S. at 484

- 85. We have independently reviewed the record and conclude that Richardson has not

m ade the requisite showing. Accordingly, we deny a certificate of appealability and dismiss the appeal. We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before this court and argument would n ot aid the decisional process.
DISMISSED
NOT FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

GUILLERMO MOJARRO,

Petitioner

- Appellant,

v.

COMMISSIONER OF INTERNAL REVENUE,
Respondent

- Appellee. No. 15

- 72153

Tax Ct. No. 1492

- 14

MEMORANDUM *

Appeal from a Decision of the United States Tax Court

Submitted April 11 , 2017 **

Before: GOULD, CLIFTON, and HURWITZ , Circuit Judges.
Guillermo Mojarro appeals pro se from the Tax Court’s judgment following

a bench trial concluding that a $250,000 payment that Mojarro received under a

settlement agreement was not excludable from his gross income and assessing
penalties

. We have jurisdiction under 26 U.S.C. § 7482(a) (1)

. We review de novo

* This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36

- 3.

** The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2). 

# FILED

APR 21 2017

MOLLY C. DWYER, CLER K U.S. COURT OF APPEAL S2 15

- 72153

the Tax Court’s legal conclusions , and for clear error its factual findings. DJB
Holding Corp. v. Comm’r , 803 F.3d 1014, 1022 (9th Cir. 2015) . We affirm

. The Tax Court properly concluded that , with the exception of $1
, 500 paid

for medical treatment for Mojarro’s emotional distress, Mojarro’s $250,000

settlement was not made on account of “ physical injuries or physical sickness” and

was therefore not excludable from Mojarro’s gross income. 26 U.S.C. § 104(a)(2)
(exempting settlement payment based on physical injuries or physical sick ness
from taxation, but not treating emotion al distress as a physical injury or physical
sickness); Rivera v. Baker W

. , Inc. , 430 F.3d 1253, 125 6

- 5 7 (9th Cir. 2005) ( setting
forth framework for determining when settlement proceeds qualify for a

§ 104(a)(2) exclusion and explaining that there must be a “direct causal link”
between damages and personal injuries ).

The Tax Court did not clearly err in concluding that Mojarro failed to
produce sufficient evidence that he acted with reasonable cause and in good faith,

and thus properly concluded that Mojarro was ineligible for the exception under
§ 6664(c)(1) for his substantial underpayment of income tax

. See 26 U.S.C.
§ 6662(a), (b)(2) (authorizing penalty for any substantial understatement of income
tax); id. § 6662(d)(1)(A) (defining substantial understatement); DJB Holding

Corp. , 803 F.3d at 1022, 1028

- 31 ( setting forth standards of review and discussing
penalties under § 6662 based on substantial underpaymen t and circumstances for3 15

- 72153

applying exception under § 6664(c)(1) regarding whether taxpayer had reasonable
cause for his position and acted in good faith).
The Tax Court did not abuse its discretion in denying Mojarro ’ s motion for

reconsideration because Mo jarro did not establish grounds for relief. See

Parkinson v. Comm’r , 647 F.2d 875, 876 (9th Cir. 1981) (standard of review).
We do not consider matters not specifically and distinctly raised and argued
in the opening brief. See Padgett v. Wright , 587 F. 3d 983, 985 n.2 (9th Cir. 2009).

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 adopted
pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, the undersigned, as
Co-Chairman and Chief Executive Officer of Optimal Group Inc. (the "Company"),
does hereby certify that to the best of the undersigned's knowledge:

      1)    the Company's Quarterly Report on Form 10-Q for the quarter ended
            March 31, 2004 (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.

Dated: April 29, 2004                              /s/ Neil S. Wechsler
                                                   --------------------
                                                       Neil S. Wechsler
                                                       Co-Chairman and
                                                       Chief Executive Officer
Exhibit 32.2

Certification Pursuant to Section 906 of the Sarbanes-Oxley Act of 2002

The undersigned, as Chief Financial
Officer of Transcend Services, Inc., certifies that to the undersigneds knowledge, the Form 10-K for the year ended December 31, 2006, which accompanies this certification fully complies with the requirements of Section 13(a) or
15(d), as applicable, of the Securities Exchange Act of 1934 and the information contained in the annual report fairly presents, in all material respects, the financial condition and results of operations of Transcend Services, Inc. at the dates and
for the periods indicated. The foregoing certification is made solely for purposes of Title 18, Chapter 63, Section 1350 of the United States Code.



|                                     
|-------------------------------------
|                                     
|/s/ Lance Cornell                    
|Lance Cornell Chief Financial
Officer

Date: March 8, 2007