alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
EX-4.8





 Exhibit 4.8 

THIRD AMENDMENT TO 

AMENDED AND RESTATED BYLAWS 

OF 
 SEASPAN CORPORATION

 Effective April 27, 2018, the Amended and Restated Bylaws of Seaspan Corporation are amended as follows: 

1. Section 4.2 is deleted in its entirety and replaced with the following: 

Section 4.2 Standing Committees. The Board of Directors shall have the following standing committees: (a) an Audit Committee,
(b) a Compensation Committee and Governance Committee and (c) an Executive Committee (together, the “Standing Committees”), and such other committees as may be required from time to time by the stock exchange listing requirements
(the “Requirements”). The Audit Committee and the Compensation and Governance Committee (and such other Standing Committee as may be mandated by the Requirements) shall be composed entirely of “independent directors” within the
meaning of the Requirements applicable to such committee. Except as may be required by the Requirements, each Standing Committee shall consist of three (3) (or such greater number as the Board of Directors may designate) directors (provided,
however, that the Executive Committee may consist of only two (2) directors for up to 60 days following its creation by the Board), and the composition of each such Standing Committee shall be in compliance with the applicable Requirements, if
any. Each Standing Committee shall have a written charter, which shall be approved by the Board of Directors and state the purpose and authority of such committee. Standing Committee charters shall be reviewed annually to reflect the activities of
the respective committees, changes in applicable Requirements and other relevant considerations, and proposed revisions to such charters shall be approved by the Board of Directors; provided, however, that any amendments to the charters of any
Standing Committee shall require the affirmative vote of at least 75% of the total directors then constituting the Board of Directors at any meeting of the Board at which a quorum is present.
Opinion issued June 6, 2024

In The 

## Court of Appeals For The 

## First District of Texas

———————————— NO. 01 - 2 3 - 005 6 1 - CV

——————————— NOSHIRAVAN SOBHANI , Appellant

V. HOUSTON ANCHOR, LLC, JH FAMILY TRUST, JOBY HARDWICK, JOHNNIE MOORE, AND KATHALEEN MOORE , Appellee s

On Appeal from the 61st District Court Harris County, Texas Trial Court Case No. 2016 - 34382
MEMORANDUM OPINION Appellant, Noshiravan Sobhani , has neither paid the required fees nor established indigence for purposes of appellate costs. See T EX
. R. A PP
. P. 5, 20.1; see also T EX
. G OV ’ T C ODE A NN . §§ 51.207, 51.208, 51.851(b), 51.941(a); Order, Fees Charged in the Supreme Court, in Civil Cases in t he Courts of Appeals, and2

Before the Judicial Panel on Multi

- District Litigation, Misc. Docket No. 15

- 9158 (Tex. Aug. 28, 2015). On August 24 , 202 3 , appellant was notified that this appeal was subject to dismissal if appellate costs were not paid, or indi gence was not established, by September 8, 2022. See T EX
. R. A PP
. P. 42.3(b), (c). Appellant did not adequately respond. Further, appellant has failed to timely file a brief. See T EX
. R. A PP
. P . 38.6(a) (governing time to file brief). Appellant filed a notice of appeal from the trial court’s May 5 , 202 3 final judgment. On August 4, 2023, the court reporter notified the Court that no record was taken in this case. The clerk’s record was filed on October 24, 2023 . Accordingly, appellant’s brief was due to be filed on or before November 27 , 2023. See T EX
. R. A PP
. P . 38.6(a). Appellant did not file an appellant’s brief by that deadline. On December 28 , 2023, the Clerk of this Court notified appellant that this appeal was subject to dismissal unless a brief, or a motion to extend time to file a brief, was filed within ten days of the notice. See T EX
. R. A PP
. P . 38.8(a) (governing failure of appellant to file brief), 42.3(b) (allowing involuntary dismissal of app eal for want of prosecution), 42.3(c) (allowing involuntary dismissal of case for failure to comply with notice from Clerk of Court). Despite the notice that this appeal was subject to dismissal, appellant did not adequately respond.3

Accordingly, we dismi ss this appeal for nonpayment of all required fees and want of prosecution. See T EX
. R. A PP . P. 5, 42.3(b), (c); 43.2(f). All pending motions are dismissed as moot. PER CURIAM Panel consists of Justices Landau, Countiss, and Guerra

.
EXHIBIT
32.2 – SECTION 1350 CERTIFICATION OF CHIEF FINANCIAL OFFICER




In
connection with this Annual Report of Tix Corporation (the “Company”) on Form
10-K for the year ended December 31, 2008 as filed with the Securities and
Exchange Commission (the “Report”), I, Matthew Natalizio, Chief Financial
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.




Date:
      March 13, 2009By:
            
            /s/
      Matthew NatalizioMatthew
      Natalizio
              Chief
      Financial Officer




A signed
original 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.
<TABLE> <S> <C>

<ARTICLE> 9
<MULTIPLIER> 1,000

<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                          DEC-31-2000
<PERIOD-START>                             JAN-01-2000
<PERIOD-END>                               MAR-31-2000
<CASH>                                           5,378
<INT-BEARING-DEPOSITS>                              93
<FED-FUNDS-SOLD>                                 1,967
<TRADING-ASSETS>                                     0
<INVESTMENTS-HELD-FOR-SALE>                     20,139
<INVESTMENTS-CARRYING>                             601
<INVESTMENTS-MARKET>                               588
<LOANS>                                         75,018
<ALLOWANCE>                                        905
<TOTAL-ASSETS>                                 106,794
<DEPOSITS>                                      89,059
<SHORT-TERM>                                     8,500
<LIABILITIES-OTHER>                                672
<LONG-TERM>                                          0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                           810
<OTHER-SE>                                       7,753
<TOTAL-LIABILITIES-AND-EQUITY>                   8,563
<INTEREST-LOAN>                                  1,647
<INTEREST-INVEST>                                  335
<INTEREST-OTHER>                                    19
<INTEREST-TOTAL>                                 1,982
<INTEREST-DEPOSIT>                                 970
<INTEREST-EXPENSE>                               1,048
<INTEREST-INCOME-NET>                              934
<LOAN-LOSSES>                                       49
<SECURITIES-GAINS>                                   0
<EXPENSE-OTHER>                                    714
<INCOME-PRETAX>                                    289
<INCOME-PRE-EXTRAORDINARY>                         202
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                       202
<EPS-BASIC>                                        .25
<EPS-DILUTED>                                      .23
<YIELD-ACTUAL>                                    8.08
<LOANS-NON>                                        317
<LOANS-PAST>                                         4
<LOANS-TROUBLED>                                     0
<LOANS-PROBLEM>                                      0
<ALLOWANCE-OPEN>                                   864
<CHARGE-OFFS>                                        9
<RECOVERIES>                                         1
<ALLOWANCE-CLOSE>                                  905
<ALLOWANCE-DOMESTIC>                               905
<ALLOWANCE-FOREIGN>                                  0
<ALLOWANCE-UNALLOCATED>                              0


</TABLE>
#### Sama Abdiaziz ABDISALAN, Petitioner, v. Eric H. HOLDER Jr., Attorney General, Respondent. Sama Abdiaziz Abdisalan, Petitioner, v. Eric H. Holder Jr., Attorney General, Respondent.

Nos. 10-73215, 11-71124.

United States Court of Appeals, Ninth Circuit.

May 7, 2014.

Hilary Han, Dobrin & Han, PC, Seattle, WA, for Petitioner.

Linda Y. Cheng, Trial, Patrick James Glen, Esquire, Jesi J. Carlson, Washington, DC, for Respondent.

ORDER

KOZINSKI, Chief Judge:

Upon the vote of a majority of nonrecused active judges, it is ordered that this case be reheard en banc pursuant to Federal Rule of Appellate Procedure 35(a) and Circuit Rule 35-3. The three judge panel opinion shall not be cited as precedent by or to any court of the Ninth Circuit.

Judge Owens did not participate in the deliberations or vote in this case.
EXHIBIT 32.01



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 CyberGuard Corporation (the Company) on Form 10-K for the fiscal year ended June 30, 2003 as filed with the Securities and Exchange Commission on the date hereof (the Report), I, Scott Hammack, Chief
Executive 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 result of operations of the Company.



|/s/ Scott Hammack      
|-----------------------
|                       
|Scott Hammack          
|Chief Executive Officer
|August 28, 2003        



A signed original of this written
statement required by Section 906 has been provided to Cyberguard Corporation and will be retained by Cyberguard Corporation and furnished to the Securities and Exchange Commission or its staff upon request.
EX-4.4



 Exhibit 4.4 

EXECUTION COPY 

$150,000,000 
 PLY GEM
INDUSTRIES, INC. 
 6.50% Senior Notes due 2022 

REGISTRATION RIGHTS JOINDER 

October 3, 2014 
 Credit Suisse Securities
(USA) LLC 
       Eleven Madison Avenue 

            New York, New York 10010-3629 

Ladies and Gentlemen: 
 Reference is made to the
Registration Rights Agreement (the “Registration Rights Agreement”) dated September 19, 2014, among Ply Gem Industries, Inc., a Delaware corporation (the “Company”), certain affiliates of the Company party
thereto and Credit Suisse Securities (USA) LLC, as representative for the several initial purchasers named therein (in such capacity, the “Representative”), concerning certain registration rights provisions with respect to the
$150,000,000 aggregate principal amount of 6.50% Senior Notes due 2022 issued by the Company. Capitalized terms used and not otherwise defined herein have the meanings ascribed to them in the Registration Rights Agreement. This agreement (this
“Registration Rights Joinder”) is the “Registration Rights Joinder” referred to in the Registration Rights Agreement. 

Each of the Additional Subsidiary Guarantors, for good and valuable consideration, the receipt and sufficiency of which is hereby
acknowledged, hereby agrees to join, and to become bound by the terms, conditions, covenants, agreements, indemnities and other provisions of, the Registration Rights Agreement as a “Guarantor”, in each case with all attendant rights,
duties and obligations stated therein, with the same force and effect as if originally a party thereto, and as if such party executed the Registration Rights Agreement on the date thereof. 







 If the foregoing is in accordance with your understanding, please indicate your acceptance of
this Registration Rights Joinder by signing in the space provided below. 
  

			
	Very truly yours,
	
	SIMONTON WINDOWS & DOORS, INC.
		
	By:	 	 /s/ Shawn K. Poe

	Name:	 	Shawn K. Poe
	Title:	 	Vice President
	
	SIMEX, INC.
		
	By:	 	 /s/ Shawn K. Poe

	Name:	 	Shawn K. Poe
	Title:	 	Vice President
	
	SIMONTON BUILDING PRODUCTS LLC
		
	By:	 	 /s/ Shawn K. Poe

	Name:	 	Shawn K. Poe
	Title:	 	Vice President
	
	SIMONTON INDUSTRIES, INC.
		
	By:	 	 /s/ Shawn K. Poe

	Name:	 	Shawn K. Poe
	Title:	 	Vice President
	
	SIMONTON WINDOWS, INC.
		
	By:	 	 /s/ Shawn K. Poe

	Name:	 	Shawn K. Poe
	Title:	 	Vice President
Exhibit 32.1

CERTIFICATION OF CHIEF EXECUTIVE OFFICER  PURSUANT TO SECITON 906 OF THE SARBANES-OXLEY ACT OF 2002

The undersigned, being the Chief Executive Officer of AmeriVest Properties Inc., a Maryland real estate investment trust (the "Issuer"), hereby certifies
that the Annual Report on Form 10-K (the "Annual Report") of the Issuer for the year ended December 31, 2004, which accompanies this certification, fully complies with the
requirements of Section 13(a) of the Securities Exchange Act of 1934 (15 U.S.C. §78 m(a)) and that the information contained in the Annual Report fairly presents, in all
material respects, the financial condition and results of operations of the Issuer

| |  | By: |  | /s/WILLIAM T. ATKINSWilliam T. Atkins
Chief Executive Officer
| |  | --- |  | -------------------------------------------------------------

March 16,
2005



QuickLinks
1 In The



### Court of Appeals

Ninth District of Texas at Beaumont

__________________
N O

. 0 9

- 20

- 00285

- CV

__________________
ABEL VILLARREAL , Appellant

V.

KENDAL NICOLE VILLARREAL , Appellee

__________________________________________________________________ On Appeal from the 418th District Court Montgomery County, Texas Trial Cause No. 19

- 10

- 14652

- CV

__________________________________________________________________
MEMORANDUM OPINION

On May 5 , 2021, we notified the parties that the appeal would be dismissed

unless the appellant remitted the filing fee for the appeal. Appellant did not respond.

Pre viously, t he trial court found that appellant is not entitled to proceed

without payment of costs . O n February 22, 2021, this Court entered an order, in

which we concluded that the trial court did not abuse its discretion by finding that

appellant failed t o demonstrate his burden under Rule 145 and that appellant is able

to afford payment in installments

. See Tex. R. Civ. P. 145(f), (g); Tex. R. App. P.2 20.1. There being no satisfactory explanation for the failure to pay the filing fee for

the appeal, the a ppeal is dismissed for want of prosecution. See Tex. R. App. P. 42.3.

APPEAL DISMISSED.

PER CURIAM

Submitted on June 9, 2021 Opinion Delivered June 10, 2021

Before Golemon , C.J., Horton and Johnson, JJ.
<TABLE> <S> <C>

<PAGE>
 
<ARTICLE> 5
       
<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                          DEC-31-1998
<PERIOD-START>                             JAN-01-1998
<PERIOD-END>                               MAR-31-1998
<CASH>                                       8,015,000
<SECURITIES>                                         0
<RECEIVABLES>                                7,048,000
<ALLOWANCES>                                    86,000
<INVENTORY>                                          0
<CURRENT-ASSETS>                            15,406,000
<PP&E>                                       9,417,000
<DEPRECIATION>                                 857,000
<TOTAL-ASSETS>                              74,870,000
<CURRENT-LIABILITIES>                       10,404,000
<BONDS>                                     71,723,000
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                        36,000
<OTHER-SE>                                 (7,487,000)
<TOTAL-LIABILITY-AND-EQUITY>                74,870,000
<SALES>                                     11,290,000
<TOTAL-REVENUES>                            11,290,000
<CGS>                                                0
<TOTAL-COSTS>                                6,626,000
<OTHER-EXPENSES>                             4,213,000
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                           3,045,000
<INCOME-PRETAX>                            (2,594,000)
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                        (2,594,000)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                               (2,594,000)
<EPS-PRIMARY>                                   (0.73)
<EPS-DILUTED>                                   (0.73)
        

</TABLE>
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.                  

###### Federal Deposit Insurance Corporation

The Federal Deposit Insurance Corporation (FDIC), as Receiver for 10403—First State Bank, Cranford, New Jersey (Receiver) has been authorized to take all actions necessary to terminate the Receivership Estate of First State Bank (Receivership Estate); the Receiver has made all dividend distributions required by law.

The Receiver has further irrevocably authorized and appointed FDIC-Corporate as its attorney-in-fact to execute and file any and all documents that may be required to be executed by the Receiver which FDIC-Corporate, in its sole discretion, deems necessary; including but not limited to releases, discharges, satisfactions, endorsements, assignments and deeds.

Effective October 1, 2017, the Receivership Estate has been terminated, the Receiver discharged, and the Receivership Estate has ceased to exist as a legal entity.

Dated: October 4, 2017.

Federal Deposit Insurance Corporation.

Robert E. Feldman,

Executive Secretary.

[FR Doc. 2017-21708 Filed 10-6-17; 8:45 am]

BILLING CODE 6714-01-P
EXHIBIT 21


                 THE BARBERS, HAIRSTYLING FOR MEN & WOMEN, INC.

                                  SUBSIDIARIES

Name of Subsidiary              State of Incorporation       Trade Name, if any
------------------              ----------------------       ------------------

WCH, Inc.                              Minnesota             We Care Hair
We Care Hair Realty, Inc.              Delaware              none
Hair Performers International, Inc.    Minnesota             The Hair Performers
CLS International, Inc.                Minnesota             City Looks Salons 
                                                              International
The Barbers Export, Inc.               Minnesota             The Barbers
CL Moscow Partners, LLP*               Minnesota*            none

*The Barbers, Hairstyling for Men & Women, Inc. owns 70% of this Limited
Liability Partnership.
I 

112TH CONGRESS 

1ST SESSION H. R. 3363 

To amend title 18, United States Code, to prohibit fraudulently representing 

a product to be maple syrup. 

IN THE HOUSE OF REPRESENTATIVES 

NOVEMBER 3, 2011 

Mr. WELCH (for himself, Mr. MICHAUD, Mr. OWENS, and Ms. PINGREE of 

Maine) introduced the following bill; which was referred to the Committee 

on the Judiciary 

A BILL 

To amend title 18, United States Code, to prohibit 

fraudulently representing a product to be maple syrup. 

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

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Maple Agriculture Pro5 tection and Law Enforcement Act of 2011’’ or the 

6 ‘‘MAPLE Act’’. 


smartinez on DSK6TPTVN1PROD with BILLS
2 

•HR 3363 IH

1 SEC. 2. FRAUDULENTLY REPRESENTING A PRODUCT AS 

2 MAPLE SYRUP. 

3 (a) IN GENERAL.—Chapter 47 of title 18, United 

4 States Code, is amended by adding at the end the fol5 lowing: 

6 ‘‘§ 1041. Fraudulently representing a product as 

7 maple syrup 

8 ‘‘(a) DEFINITION.—In this section, the term ‘maple 

9 syrup’ means a liquid food— 

10 ‘‘(1) derived by— 

11 ‘‘(A) concentration and heat treatment of 

12 the sap of a species of tree in the genus Acer 

13 (commonly known as ‘maple trees’); or 

14 ‘‘(B) solution in water of maple sugar 

15 (commonly know as ‘maple concrete’) made 

16 from the sap of a species of tree in the genus 

17 Acer; 

18 ‘‘(2) that is not less than 66 percent by weight 

19 of soluble solids derived solely from the sap of a spe20 cies of tree in the genus Acer; and 

21 ‘‘(3) the concentration of which may be ad22 justed by adding water. 

23 ‘‘(b) OFFENSE.— 

24 ‘‘(1) IN GENERAL.—Except as provided in para25 graph (2), it shall be unlawful for any person to 

26 knowingly and willfully introduce or deliver for introVerDate Mar 15 2010 04:00 Nov 09, 2011 Jkt 019200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H3363.IH H3363

smartinez on DSK6TPTVN1PROD with BILLS
3 

•HR 3363 IH

1 duction into interstate commerce a product that is 

2 labeled as maple syrup and that is not maple syrup. 

3 ‘‘(2) EXCEPTION.—Paragraph (1) shall not 

4 apply to a product labeled as maple syrup that is not 

5 maple syrup if the label also includes a clear identi6 fication of the true nature of the product. 

7 ‘‘(c) PENALTY.—Any person that violates subsection 

8 (b) shall be fined under this title, imprisoned for not more 

9 than 5 years, or both.’’. 

10 (b) TECHNICAL AND CONFORMING AMENDMENT.— 

11 The table of sections for chapter 47 of title 18, United 

12 States Code, is amended by adding at the end the fol13 lowing: 

‘‘1041. Fraudulently representing a product as maple syrup.’’. 

Æ 


smartinez on DSK6TPTVN1PROD with BILLS