alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
Exhibit 99.1


   MANAGEMENT'S ASSERTION OF COMPLIANCE WITH REGULATION AB SERVICING CRITERIA


Management of National Education Loan Network, Inc. (the Company) is responsible
for assessing compliance with the servicing criteria set forth in Item 1122(d)
of Regulation AB of the Securities and Exchange Commission for publicly-issued
student loan-backed securities issued on or after January 1, 2006, for which the
Company provides services as a master servicer and administrator (the Platform).

The Company's management has assessed the effectiveness of the Company's
compliance with the applicable servicing criteria as of and for the year ended
December 31, 2006. In making this assessment, management used the criteria set
forth by the Securities and Exchange Commission in paragraph (d) of Item 1122 of
Regulation AB.

Based on such assessment, management believes that, as of and for the year ended
December 31, 2006, the Company has complied in all material respects with the
servicing criteria set forth in Item 1122(d) of Regulation AB of the Securities
and Exchange Commission, except for servicing criteria 1122(d)(1)(iii),
1122(d)(1)(iv), 1122(d)(2)(iii), 1122(d)(2)(vi), 1122(d)(4)(ii), 1122(d)(4)(iv),
1122(d)(4)(v), 1122(d)(4)(vi), 1122(d)(4)(vii), 1122(d)(4)(viii),
1122(d)(4)(ix), 1122(d)(4)(x), 1122(d)(4)(xi), 1122(d)(4)(xii),
1122(d)(4)(xiii), and 1122(d)(4)(xiv), which the Company has determined are not
applicable to the activities it performs with respect to the Platform.

KPMG LLP, a registered public accounting firm, has issued an attestation report
with respect to managment's assessment of compliance with the applicable
servicing criteria as of and for the year ended December 31, 2006.



April 2, 2007                       National Education Loan Network, Inc.


                                     /s/ MICHAEL S. DUNLAP
                                     --------------------------------------
                                    Michael S. Dunlap, Chairman, CEO, President
                                    National Education Loan Network, Inc.



                                    /s/ TERRY J. HEIMES
                                    ---------------------------------------
                                    Terry J. Heimes, CFO, Treasurer
                                    National Education Loan Network, Inc.
Exhibit 32.2

                        CERTIFICATION OF CFO 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  Lynch
     Interactive  Corporation  (the  "Company")  for the quarterly  period ended
     September 30, 2003, as filed with the Securities and Exchange Commission on
     the date hereof (the "Report"), Robert E. Dolan, as Chief Financial Officer
     of the  Company,  hereby  certifies,  pursuant to 18 U.S.C.  ss.  1350,  as
     adopted pursuant to ss. 906 of the Sarbanes-Oxley Act of 2002, that, to the
     best of his knowledge:

(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/ Robert E. Dolan
                                            -------------------
                                            Name: Robert E. Dolan
                                            Title: Chief Financial Officer
Date: November 14, 2003



This   certification   accompanies  the  Report  pursuant  to  ss.  906  of  the
Sarbanes-Oxley  Act of 2002 and shall not,  except to the extent required by the
Sarbanes-Oxley Act of 2002, be deemed filed by the Company for purposes of ss.18
of the Securities Exchange Act of 1934, as amended.
## NO. 12

- 14

- 00183

- CR

IN THE COURT OF APPEALS

TWELFTH COURT OF APPEALS DISTRICT

TYLER, TEXAS

JOSEPH ANTHONY POPE,
APPELLANT

V.

THE STATE OF TEXAS,
APPELLEE §

§

§ APPEAL FROM THE 114T H

JUDICIAL DISTRICT COURT

SMITH COUNTY, TEXAS

MEMORANDUM OP

INION
PER CURIAM

Appellant pleaded guilty to possession of a controlled substance . The trial court assessed

his punishment at confinement for two years in a state jail facility.

We have received the clerk’s record, which includes the trial court’s certi fication

showing that Appellant waived his right to appeal. See T EX

. R. A PP

. P. 25.2(d). The clerk’s

record also includes a copy of the written waiver of Appellant’s right to appeal, which is signed

by Appellant and his counsel.

On July 23, 2014, this court notified Appellant that the clerk’s record indicates he has

waived his right to appeal. Appellant was further notified that the appeal would be dismissed

unless, on or before August 4, 2014, the information in this appeal is amended to show this

co urt’s jurisdiction. The deadline for amendment has now passed, and Appellant has neither

shown the jurisdiction of this court nor otherwise responded to this court’s notice. Accordingly,

the appeal is dismissed for want of jurisdiction

. Opinion delivere d August 6, 2014. Panel consisted of Worthen, C.J., Griffith, J., and Hoyle, J.

( DO NOT PUBLISH )

## COURT OF APPEALS

TWELFTH COURT OF APPEALS DISTRICT OF TEXAS

JUDGMENT

AUGUST 6, 2014

NO. 12

- 14

- 00183

- CR

JOSEPH ANTHONY POPE,

Appellant
V. THE STAT E OF TEXAS, Appellee

Appeal from the 114th District Court

of Smith County, Texas (Tr.Ct.No. 114

- 0300

- 14)

THIS CAUSE came to be heard on the appellate record; and the same

being considered, it is the opinion of this court that this court is without jurisd iction of the

appeal, and that the appeal should be dismissed.

It is therefore ORDERED, ADJUDGED and DECREED by this court that

this appeal be, and the same is, hereby dismissed for want of jurisdiction ; and that this decision

be certified to the court bel ow for observance.

By per curiam opinion

. Panel consisted of Worthen, C.J., Griffith, J., and Hoyle, J.
EXHIBIT 32.2



Certification of Chief Financial Officer 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 Agile Software Corporation (the Company) for the
quarterly period ended July 31, 2003 filed with the Securities and Exchange Commission (the Report), I, Carolyn V. Aver, 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 to my knowledge:



(1) The Report fully complies with the requirements of Section 13(a) of the Securities Exchange Act of 1934; and



(2) The information contained in the Report fairly presents, in all material respects, the consolidated financial condition of the Company as of the dates
presented and consolidated results of operations of the Company for the periods presented.



|                        |  | 
|----------------------- |  | 
|Date: December 12, 2003 |  | 
|                        |  | 
|                        |  | 



The foregoing
certification is being furnished solely pursuant to Section 906 of the Sarbanes-Oxley Act of 2002 (subsections (a) and (b) of section 1350, chapter 63 of title 18, United States Code) and is not filed with the Securities and Exchange Commission as
part of the Form 10-Q or as a separate disclosure document and is not to be incorporated by reference into any filing of the Agile Software Corporation under the Securities Act of 1933, as amended, or the Securities Exchange Act Filing of 1934, as
amended (whether made before or after the date of the Form 10-Q), irrespectively of any general incorporation language contained in such filing.



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 Agile Software Corporation and will be retained by Agile Software Corporation and furnished to the Securities and
Exchange Commission or its staff upon request.
#### In re HOTI ENTERPRISES L.P.

No. 13-2074-bk.

United States Court of Appeals, Second Circuit.

March 25, 2014.

Mark Frankel, Backenroth Frankel & Krinsky LLP, New York, NY, for Appellants.

George B. South, III, Daniel G. Egan, DLA Piper LLP, New York, NY, for Ap-pellee.

PRESENT: RICHARD C. WESLEY, DEBRA ANN LIVINGSTON, RAYMOND J. LOHIER, Jr., Circuit Judges.

SUMMARY ORDER

Debtors-Appellants Hoti Enterprises and Hoti Realty Management appeal the judgment of the district court affirming the bankruptcy court’s confirmation of its Chapter 11 plan. Appellants primarily argue that the bankruptcy court should have given preclusive effect to an earlier state court judgment. We agree with the district court and the bankruptcy court that the state court judgment did not preclude confirmation of the plan.1

For the foregoing reasons, the judgment of the district court is AFFIRMED with costs.

1

. Indeed, the state court judgment on which Hoti presses its *res judicata*argument was reversed at the Appellate Division. *GECMC 2007-C1 Burnett St., LLC v. Hoti Enters, L.P.,*115 A.D.3d 642, 981 N.Y.S.2d 543 (2d Dep'l 2014).
**Exhibit 10.10**

**Description of Verigy’sPay-for-Results Program**

***General***

The following is summary of the key provisions ofVerigy’s Pay-for-Results program as in effect during fiscal 2006.  There is no formal plan document related tothis program.  The program is currentlyunder review by Verigy’s Compensation Committee, and the program may bedifferent for fiscal 2007 and in subsequent years than it was in fiscal 2006.

The pay-for-results program is designed to link thecash compensation for designated executives and other key contributors directlyto business performance.  The programprovides for the payment of cash bonuses above base pay if pre-determinedbusiness performance measures are met and/or exceeded.

***Administration***

Beginning with Verigy’s separation from AgilentTechnologies, Inc., the Compensation Committee of the Board administered theprogram as it related to executives, and approved attainment levels for allparticipants.

***Participation and Eligibility***

All executives and certain other key contributorsparticipated in the program during fiscal 2006. To be eligible for payment, participants had to be employed at the lastday of the bonus period.

***Plan Operation***

The program was administered in six-month performanceperiods that coincided with each half of Verigy’s fiscal year. Each participant’starget bonus was an amount, equal to a fixed percentage of the participant’sbase salary.  The stated percentageincluded, in each case, a target of 15% of the participant’s base salary thatis tied to the same objective as applies to all employees under Verigy’scompany-wide bonus program.  Targetbonuses were paid if 100% of all applicable performance measures were met inthe performance period.

Performancemeasures for both periods in fiscal 2006 were achievement of target pro formaoperating profit.  Pro forma operatingmargin is calculated for purposes of the program by excluding from GAAP results(i) FAS123R compensation expenses recorded with respect to equity-basedcompensation; and (ii) restructuring and separation expenses incurred inconnection with Verigy’s separation from Agilent Technologies, Inc.  For certain individuals, the program providedweighting for the financial results associated with the product family withwhich they are primarily associated while other participants targets were basedentirely on overall company-wide results.

----

For each 6-monthperformance period, a plan participant was eligible to earn a bonus of up to 2times his or her target bonus.

As Verigy had not yet separated from AgilentTechnologies, Inc. until part way into the second half of fiscal 2006,achievement of performance measures for the first half of fiscal 2006 wasdetermined by Agilent management. Achievement of performance measures, and the specific compensation amountspayable to executives, for the second half of fiscal 2006 were determined byVerigy’s Compensation Committee.

----
```

[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3427 Introduced in House (IH)]

111th CONGRESS
  1st Session
                                H. R. 3427

 To amend title 23, United States Code, to protect States that have in 
effect laws or orders with respect to pay to play reform, and for other 
                               purposes.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                             July 30, 2009

 Mr. Quigley introduced the following bill; which was referred to the 
             Committee on Transportation and Infrastructure

_______________________________________________________________________

                                 A BILL

 
 To amend title 23, United States Code, to protect States that have in 
effect laws or orders with respect to pay to play reform, and for other 
                               purposes.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``State Ethics Law Protection Act of 
2009''.

SEC. 2. PAY TO PLAY REFORM.

    Section 112 of title 23, United States Code, is amended by adding 
at the end the following:
    ``(h) Pay To Play Reform.--A State shall not be considered to have 
violated a requirement of this section solely because the State has in 
effect a law or an order that limits the amount of money an individual, 
who is doing business with a State agency with respect to a Federal-aid 
highway project, may contribute to a political campaign.''.
                                 <all>
```
<TABLE> <S> <C>


<ARTICLE>                     UT
<LEGEND>
     This schedule  contains summary  financial  information  extracted from the
consolidated  balance  sheet of  MidAmerican  Energy  Company as of December 31,
1999, and the related  consolidated  statements of income and cash flows for the
twelve  months  ended  December  31,  1999,  and is qualified in its entirety by
reference to such financial statements.
</LEGEND>
<CIK>                         0000928576
<NAME>                        MidAmerican Energy Company
<MULTIPLIER>                  1,000

<S>                                            <C>
<PERIOD-TYPE>                                  YEAR
<FISCAL-YEAR-END>                              DEC-31-1999
<PERIOD-START>                                 JAN-01-1999
<PERIOD-END>                                   DEC-31-1999
<BOOK-VALUE>                                   PER-BOOK
<TOTAL-NET-UTILITY-PLANT>                      2,643,431
<OTHER-PROPERTY-AND-INVEST>                    228,105
<TOTAL-CURRENT-ASSETS>                         310,046
<TOTAL-DEFERRED-CHARGES>                       304,494
<OTHER-ASSETS>                                 106,481
<TOTAL-ASSETS>                                 3,592,557
<COMMON>                                       560,563
<CAPITAL-SURPLUS-PAID-IN>                      0
<RETAINED-EARNINGS>                            497,292
<TOTAL-COMMON-STOCKHOLDERS-EQ>                 1,057,855
<PREFERRED-MANDATORY>                          150,000
<PREFERRED>                                    31,759
<LONG-TERM-DEBT-NET>                           759,638
<SHORT-TERM-NOTES>                             0
<LONG-TERM-NOTES-PAYABLE>                      0
<COMMERCIAL-PAPER-OBLIGATIONS>                 204,000
<LONG-TERM-DEBT-CURRENT-PORT>                  110,861
<PREFERRED-STOCK-CURRENT>                      0
<CAPITAL-LEASE-OBLIGATIONS>                    0
<LEASES-CURRENT>                               0
<OTHER-ITEMS-CAPITAL-AND-LIAB>                 1,278,444
<TOT-CAPITALIZATION-AND-LIAB>                  3,592,557
<GROSS-OPERATING-REVENUE>                      1,791,036
<INCOME-TAX-EXPENSE>                           88,453<F1>
<OTHER-OPERATING-EXPENSES>                     1,490,972
<TOTAL-OPERATING-EXPENSES>                     1,490,972
<OPERATING-INCOME-LOSS>                        300,064
<OTHER-INCOME-NET>                             (659)
<INCOME-BEFORE-INTEREST-EXPEN>                 299,405
<TOTAL-INTEREST-EXPENSE>                       83,621
<NET-INCOME>                                   127,331
<PREFERRED-STOCK-DIVIDENDS>                    4,955
<EARNINGS-AVAILABLE-FOR-COMM>                  122,376
<COMMON-STOCK-DIVIDENDS>                       36,706
<TOTAL-INTEREST-ON-BONDS>                      65,649
<CASH-FLOW-OPERATIONS>                         330,029
<EPS-BASIC>                                    0
<EPS-DILUTED>                                  0
<FN>
<F1>
     INCOME-TAX-EXPENSE includes all income taxes and is excluded from Total
Operating Expenses above and on the Consolidated Statement of Income.
</FN>



</TABLE>
#### In the Matter of the Estate of Joseph Singer, Deceased. Vivian Singer, Respondent; Alexander Singer, Appellant.

[859 NYS2d 727]

In a probate proceeding in which the executor, Vivian Singer, petitioned pursuant to SCPA 1420 to construe the in terrorem provisions set forth in “article sixth” of the will of Joseph Singer, which was admitted to probate by a decree dated May 19, 2005, the appeal is from (1) an order of the Surrogate’s Court, Kings County (Lopez-Torres, S.), dated August 3, 2007, and (2) an amended order of the same court dated September 6, 2007, which granted the petition, determined that Alexander Singer violated the in terrorem provisions of “article sixth” of the will, and revoked his bequest under the will.

Ordered that the appeal from the order dated August 3, 2007 is dismissed, as that order was superseded by the amended order dated September 6, 2007; and it is further,

Ordered that the amended order dated September 6, 2007 is affirmed; and it is further,

Ordered that one bill of costs is awarded to the petitioner.

*613The Surrogate’s Court properly determined that the appellant’s conduct in deposing the testator’s former attorney regarding drafts of prior wills violated the in terrorem clause set forth in “article sixth” paragraph 6 (A) and 6 (B) of the will. The in terrorem clause prohibited an “attempt to contest” the will “in any manner” *(see Matter of Ellis,*252 AD2d 118, 128 [1998]). Furthermore, the act of deposing the testator’s prior attorney was not protected under the safe harbor provisions set forth in EPTL 3-3.5 and SCPA 1404, which, inter alia, allow only the deposition of attesting witnesses, the attorney who prepared the will, and where, as here, the will contains an in terrorem clause, “the nominated executors in the will and the proponents” (SCPA 1404 [4]; *see*EPTL 3-3.5 [b] [3] [D]). The testator’s former attorney did not fall within any of those categories. Accordingly, under the particular facts of this case, the Surrogate’s Court properly granted the petition and revoked the appellant’s bequest.

The appellant’s remaining contention is not properly before this Court. Fisher, J.E, Santucci, Angiolillo and McCarthy, JJ., concur.
_________________________________________ 

 

 

Order Michigan Supreme Court 

Lansing, Michigan 

December 28, 2005 Clifford W. Taylor,

 Chief Justice 

128948 Michael F. Cavanagh 

Elizabeth A. Weaver 

Marilyn Kelly 

Maura D. Corrigan 

NORMAN ALBERT MARKEL,

Plaintiff-Appellant, 

Robert P. Young, Jr. 

Stephen J. Markman,

 Justices 

v SC: 128948 

 COA: 252054 

Macomb CC: 2002-002176-NI 

DAN DEGRAW, and COUNTY OF

MACOMB, 

Defendants-Appellees. 

_________________________________________/ 

On order of the Court, the application for leave to appeal the May 12, 2005 

judgment of the Court of Appeals is considered, and it is DENIED, because we are not 

persuaded that the questions presented should be reviewed by this Court. 

CAVANAGH and KELLY, JJ., would grant leave to appeal. 

l1221 

I, Corbin R. Davis, Clerk of the Michigan Supreme Court, certify that the 

foregoing is a true and complete copy of the order entered at the direction of the Court. 

December 28, 2005 

Clerk
#### UNITED STATES of America, Plaintiff-Appellee v. Miguel Alonso MERAZ-CHAVARRIA, also known as Miguel Alonso Torres, Defendant-Appellant.

No. 07-51436

Conference Calendar.

United States Court of Appeals, Fifth Circuit.

April 30, 2008.

Joseph H. Gay, Jr., Assistant U.S. Attorney, U.S. Attorney’s Office, Western District of Texas, San Antonio, TX, for Plaintiff-Appellee.

Federal Public Defender’s Office, Western District of Texas, San Antonio, TX, for Defendant-Appellant.

Before REAVLEY, JOLLY, and GARZA, Circuit Judges.

*399PER CURIAM: *

Appealing the Judgment in a Criminal Case, Miguel Alonso Meraz-Chavarria raises arguments that are foreclosed by *Almendarez-Torres v. United States,*523 U.S. 224, 235, 118 S.Ct. 1219, 140 L.Ed.2d 350 (1998), which held that 8 U.S.C. § 1326(b)(2) is a penalty provision and not a separate criminal offense. *United States v. Pineda-Arrellano,*492 F.3d 624, 625 (5th Cir.2007), *cert. denied,*— U.S. —, 128 S.Ct. 872, 169 L.Ed.2d 737 (2008). The Government’s motion for summary affirmance is GRANTED, and the judgment of the district court is AFFIRMED.

*

 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.
Exhibit 3.1

ARTICLES OF INCORPORATION

ALARION FINANCIAL SERVICES, INC.

The undersigned Incorporator of Alarion Financial Services, Inc., hereby adopts the following Articles of Incorporation.

ARTICLE I

The name of the
corporation shall be Alarion Financial Services, Inc. (Corporation). Its initial place of business shall be One Northeast First Avenue, Ocala, Florida 34470, or at such other place as the Board of Directors shall designate.

ARTICLE II

The general nature of
the business to be transacted by the Corporation shall be that of a bank holding company and any other businesses permitted under the laws of the United States of America and the State of Florida.

ARTICLE III

The total number of
shares authorized to be issued by the Corporation shall be 5,000,000. Of such shares, 4,000,000 shall be common stock, $0.01 par value and 1,000,000 shall be undesignated preferred stock.

ARTICLE IV

The term for which said Corporation shall exist shall be perpetual.

ARTICLE V

The number
of directors shall not be fewer than five. A majority of the full board of directors or of the shareholders may, at any time during the year following the annual meeting of shareholders, increase the number of directors by not more than two
directors, and appoint persons to fill resulting vacancies.

In witness of the foregoing, the undersigned Incorporator executed these
Articles of Incorporation this 12thday of August, 2005.



|                              
|------------------------------
|/s/ Richard Pearlman          
|Richard Pearlman, Incorporator