alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### Victor B. WHITE, Plaintiff—Appellant, v. FNU SMEREKA; FNU Taylor; City of Charlotte, North Carolina; FNU Macrae, Defendants—Appellees, and FNU Sergeant; FNU Smith; FNU Paulk; FNU Childs; FNU Timmer, Defendants.

No. 10-2052.

United States Court of Appeals, Fourth Circuit.

Submitted: Jan. 28, 2011.

Decided: Feb. 10, 2011.

Victor B. White, Appellant Pro Se. Robert Dennis McDonnell, Charlotte, North Carolina; David John Adinolfi, II, Special Deputy Attorney General, Raleigh, North Carolina; Sean Francis Perrin, Womble Carlyle Sandridge & Rice, PLLC, Charlotte, North Carolina, for Appellees.

Before GREGORY and AGEE, Circuit Judges, and HAMILTON, Senior Circuit Judge.

Affirmed by unpublished PER CURIAM opinion.

Unpublished opinions are not binding precedent in this circuit.

PER CURIAM:

Victor B. White appeals the district court’s order denying relief on his 42 U.S.C. § 1983 (2006) complaint. We have reviewed the record and find no reversible error. Accordingly, we affirm for the reasons stated by the district court. *White v. Smereka,*No. 3:09-cv-00257-FDW-DCK, 2010 WL 2465552 (W.D.N.C. June 14, 2010) & (Aug. 17, 2010). Further, we deny the City of Charlotte, North Carolina’s motion to dismiss, because we find that White’s notice of appeal was timely filed. We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before the court and argument would not aid the decisional process.

*AFFIRMED.*
<PAGE>
 
                                                                    EXHIBIT 11.1


                          IWERKS ENTERTAINMENT, INC.

                              EARNINGS PER SHARE
                     (in thousands, except share amounts)
<TABLE>
<CAPTION>
 
 
                                         For the Three Months Ended                  For the Six Months Ended
                                                December 31,                               December 31,
                                         1996                  1995                  1996                1995
                                      ----------            ----------            ----------          ----------
<S>                                   <C>                   <C>                   <C>                 <C>
Weighted average shares outstanding   11,714,916            10,734,094            11,675,062          10,675,066
 
Common equivalent shares:
  Options and warrants                        (1)            1,070,061               659,862           1,075,389
                                      ----------            ----------            ----------          ----------
 
                                      11,714,916            11,804,155            12,334,924          11,750,455
                                      ==========            ==========            ==========          ==========
 
Net income (loss)                     $     ( 57)           $      604            $      117          $      745
                                      ==========            ==========            ==========          ==========
 
Net income (loss) per share           $     0.00            $     0.05            $     0.01          $     0.06
                                      ==========            ==========            ==========          ==========
 
</TABLE>

(1)   These common equivalent shares were antidilutive.
**Exhibit 31.2**

 

I, R. Scott Vansant, ChiefFinancial Officer of Euramax International, Inc., certify that:

 

1.                     I have reviewed this quarterly report onForm 10-Q of Euramax International, Inc.;

 

2.                     Based on my knowledge, this report doesnot contain any untrue statement of a material fact or omit to state a materialfact necessary to make the statements made, in light of the circumstances underwhich such statements were made, not misleading with respect to the periodcovered by this report;

 

3.                     Based on my knowledge, the financialstatements, and other financial information included in this report, fairlypresent in all material respects the financial condition, results of operationsand cash flows of the registrant as of, and for, the periods presented in thisreport;

 

4.                     The registrant’s other certifying officerand I are responsible for establishing and maintaining disclosure controls andprocedures (as defined in Exchange Act Rules 13a-15(e) and 15d-15(e)) for theregistrant and we have:

 

a)                    designed such disclosure controls and procedures, orcaused such disclosure controls and procedures to be designed under oursupervision, to ensure that material information relating to the registrant,including its consolidated subsidiaries, is made known to us by others withinthose entities, particularly during the period in which this report is beingprepared;

 

b)                   evaluated the effectiveness of the registrant’sdisclosure controls and procedures and presented in this report our conclusionsabout the effectiveness of the disclosure controls and procedures, as of theend of the period covered by this report based on such evaluation; and

 

c)                    disclosed in this report any change in theregistrant’s internal control over financial reporting that occurred during theperiod covered by this report that has materially affected, or is reasonablylikely to materially affect, the registrant’s internal control over financialreporting; and

 

5.                     The registrant’s other certifying officerand I have disclosed, based on our most recent evaluation of internal controlover financial reporting, to the registrant’s auditors and the audit committeeof the registrant’s board of directors (or persons performing the equivalentfunctions):

 

a)                    all significant deficiencies and material weaknesses inthe design or operation of internal control over financial reporting which arereasonably likely to adversely affect the registrant’s ability to record,process, summarize and report financial information; and

 

b)                   any fraud, whether or not material, that involvesmanagement or other employees who have a significant role in the registrant’sinternal control over financial reporting.

 

 
| Date:  | May 7, 2004 | By:    | /s/ R. Scott Vansant                   |   |
|--------|-------------|--------|----------------------------------------|--------|
|   |        | Title: | Chief  Financial Officer and Secretary |

 

----
**Exhibit 31.1**CERTIFICATIONI, Terrance J. Lillis, certify that: 1. I have reviewed this report on Form 10-K and all reports on Form 10-D requiredto be filed in respect of the period covered by this report on Form 10-K of PrincipalLife Income Fundings Trust 2007-36 (the “Exchange Act periodic reports”);  2. Based on my knowledge, the Exchange Act periodic reports, taken as whole, donot contain any untrue statement of a material fact or omit to state a material factnecessary to make the statements made, in light of the circumstances under which suchstatements were made, not misleading with respect to the period covered by this report;  3. Based on my knowledge, all of the distribution, servicing and other informationrequired to be provided under Form 10-D for the period covered by this report isincluded in the Exchange Act periodic reports;  4. Based on my knowledge and the servicer compliance statement(s) required in thisreport under Item 1123 of Regulation AB, and except as disclosed in the Exchange Actperiodic reports, the servicer has fulfilled its obligations under the servicingagreement(s) in all material respects; and  5. All of the reports on assessment of compliance with servicing criteria forasset-backed securities and their related attestation reports on assessment ofcompliance with servicing criteria for asset-backed securities required to be includedin this report in accordance with Item 1122 of Regulation AB and Exchange Act Rules13a-18 and 15d-18 have been included as an exhibit to this report, except as otherwisedisclosed in this report. Any material instances of noncompliance described in suchreports have been disclosed in this report on Form 10-K.In giving the certifications above, I have reasonably relied on information provided to me by thefollowing unaffiliated parties: Citibank, N.A. and Bankers Trust Company, N.A.Date: March 27, 2008   /s/ Terrance J. Lillis   Terrance J. Lillis  Chief Financial Officer- Retirement and Investor Services
#### HARRY KRASSAN, PLAINTIFF-RESPONDENT, v. EDWIN SWEETEN, DEFENDANT-APPELLANT, AND AMY SWEETEN, DEFENDANT-RESPONDENT.

Superior Court of New Jersey Appellate Division

Argued December 11, 1950 —

Decided December 20, 1950.

Before Judges McGeehan, Jayne and Wm. J. Brennan, Jr.

*Mr. John Henry Reiners, Jr.,*argued the cause for the appellant.

*Mr. Guy Lee, Jr.,*argued the cause for the plaintiff-respondent.

*Mr. Lynwood Lord*filed a brief for the defendant-respondent.

*38The opinion of the court was delivered

Per Curiam.

The plaintiff recovered a judgment in the Gloucester County District Court against the present appellant, Edwin Sweeten, for groceries sold and delivered to the latter’s wife.

Unlike the companion case of *Smedley v. Sweeten,*11 *N. J. Super.*39*(App. Div.*1950), we perceive here no occasion to consider the implied agency of a wife to pledge her husband’s credit in the purchase of necessaries.

The statement of the evidence submitted in pursuance of *Bules*1:2-23 and 4:2-6 discloses that the plaintiff testified “that Mr. Sweeten had authorized him to deliver the groceries enumerated in the book account to Mrs. Sweeten and, that he would be responsible for the debt,” and that the plaintiff “denied that Mr. Sweeten had at any time directed him to discontinue the account.” We find no contradiction of that testimony in the record before us. Moreover we are informed in the statement of the evidence of an affidavit made by Mr. Sweeten in a matrimonial cause in which he deposed: “In addition to providing my wife with a home, she also has the privilege of going to Krassan’s store in Woodbury, where she may purchase unlimited amount of meats, vegetables and groceries for her demands and the bills for the purchase of the said commodities are paid by me.”

*Wanamaker v. Ulizio,*102 *N. J. L.*166*(E. & A.*1925), records a case in which the wife opened an account in her husband’s name, with his knowledge and consent.

In the present case the judgment eventuated from proof of the breach of an express contract.

The judgment is affirmed.
**Exhibit 34**

 

**REPORT OF INDEPENDENT REGISTERED PUBLIC ACCOUNTING FIRM**

The Board of Directors of 

Abbey National plc

We have examined management's assertion, included in the accompanying Abbey National plc Annual Compliance Certificate with SEC Regulation AB Servicing Criteria, that Abbey National plc (the "Servicer") complied with the servicing criteria set forth in Item 1122(d) of the Securities and Exchange Commission's Regulation AB for Holmes Master Issuer plc (the "Holmes Master Issuer") as of and for the year ended December 31, 2007, excluding criteria 1122(d)(1)(ii), 1122(d)(1)(iii), 1122(d)(1)(iv), 1122(d)(2)(iii), 1122(d)(2)(vi), 1122(d)(3)(iv), 1122(d)(4)(x), 1122(d)(4)(xii) and 1122(d)(4)(xv), which management has determined are not applicable to the activities performed by the Servicer with respect to the Holmes Master Issuer.  Appendix 1 to management's assertion identifies the individual asset-backed transactions defined by management as constituting the Holmes Master Issuer.  Management is responsible for the Servicer's compliance with the servicing criteria.  Our responsibility is to express an opinion on management's assertion about the Servicer's compliance with the servicing criteria based on our examination.

Our examination was conducted in accordance with attestation standards established by the American Institute of Certified Public Accountants, as adopted by the Public Company Accounting Oversight Board (United States), and, accordingly, included examining, on a test basis, evidence about the Servicer's compliance with the applicable servicing criteria, including tests on a sample basis of the servicing activities related to the Holmes Master Issuer, determining whether the Servicer performed those selected activities in compliance with the servicing criteria during the specified period, and performing such other procedures as we considered necessary in the circumstances.  Our procedures were limited to selected servicing activities performed by the Servicer during the period covered by this report and, accordingly, such samples may not have included servicing activities related to each asset-backed transaction included in the Holmes Master Issuer.  Further, an examination is not designed to detect noncompliance arising from errors that may have occurred prior to the period specified above that may have affected the balances or amounts calculated or reported by the Servicer during the period covered by this report.  We believe that our examination provides a reasonable basis for our opinion.  Our examination does not provide a legal determination on the Servicer's compliance with the servicing criteria.

In our opinion, management's assertion that the Servicer complied with the aforementioned applicable servicing criteria as of and for the year ended December 31, 2007 for the Holmes Master Issuer is fairly stated, in all material respects.

 

/s/ Deloitte & Touche LLP

Deloitte & Touche LLP

Chartered Accountants and Registered AuditorsLondon, United Kingdom31 March 2008
2009-1625.

#### State v. Irish.

Ashtabula App. No. 2008-A-0051, 2009-Ohio-3791.

O’Donnell, J., dissents.
Exhibit 10.30

   

  FIRST AMENDMENT TO

  PROFIT SHARE AGREEMENT

  

  

  This First Amendment (“First Amendment”) is entered into as of November 1, 2017 (“First Amendment Effective Date”) to amend the Profit Share Agreement (“Agreement”) dated June 30, 2017, (the “Agreement”) between DGS Ltd.
    (the “Company”) and Jeffrey Cox (“Cox”).

  

  

  1.          Definitions. All capitalized terms not defined herein shall have their meaning as defined in
    the Agreement.

  

  

  2.          Amendments. The parties hereby agree to replace “13.93%” in Section 3 of the Agreement with
    “16.18%”.

  

  

  3.          Miscellaneous. This First Amendment, together with the Agreement, constitutes the entire agreement between the parties regarding the subject matter hereof and supersedes all
    prior agreements or representations regarding the same. Except as set forth in this First Amendment, all terms of the Agreement shall remain in full force and effect.

   

  IN WITNESS HEREOF, the parties agree to this First Amendment as of the First Amendment Effective Date:

   

  	
          DGS Ltd.

        	 	
          Jeffrey Cox

        
		 	
           

        
	/s/ Mohammed Khaishgi	 	/s/ Jeffrey Cox
	
          Mohammed Khaishgi

        	 	 
	
          Director
Exhibit 32.2


Certification by the Chief Financial Officer Pursuant to 18 U. S. C. Section 1350, as Adopted Pursuant to


Section 906 of the Sarbanes-Oxley Act of 2002


Pursuant to 18 U. S. C. Section 1350, I, Frank A. D’Amelio, hereby certify that, to the best of my knowledge, the Annual Report on Form 10-K of Pfizer Inc. for the year ended December 31, 2012 (the “Report”) fully complies with the requirements of Section 13(a) or Section 15(d) of the Securities Exchange Act of 1934, and that the information contained in that Report fairly presents, in all material respects, the financial condition and results of operations of Pfizer Inc.


/s/ FRANK A. D’AMELIO


Frank A. D’Amelio


Executive Vice President, Business Operations and


Chief Financial Officer


February 28, 2013


This certification accompanies this Report on Form 10-K pursuant to Section 906 of the Sarbanes-Oxley Act of 2002 and shall not, except to the extent required by such Act, be deemed filed by the Company for purposes of Section 18 of the Securities Exchange Act of 1934, as amended (the “Exchange Act”). Such certification will not be deemed to be incorporated by reference into any filing under the Securities Act of 1933, as amended, or the Exchange Act, except to the extent that the Company specifically incorporates it by reference.
EXHIBIT 10.14
 AMENDMENT #1
TO TRANSITION SERVICES AGREEMENT
 Travelport Orbitz
 WITNESSETH:
 TSA
    1.
    
    A new Section 8.7, which is set forth in Attachment 1 hereto, shall be added
to Exhibit A-6.2.
    
    Capitalized terms used herein and not otherwise defined shall have the meanings ascribed to
them in the TSA, the Separation Agreement, and the schedules and exhibits thereto.3.
    
    Except as otherwise expressly provided herein, all terms and conditions of the TSA shall
continue in full force and effect.4.
    
    This Amendment may be executed in two or more counterparts, each of which shall be deemed an
original, and all of which, when taken together, shall constitute one and the same agreement.
  Travelport Inc.
    
    Orbitz Worldwide, Inc.By: /s/ Neal Sunners
    
    By: /s/ Alex KaluznyName: Neal Sunners
    
    Name: Alex KaluznyTitle: Vice President
    
    Title: DirectorDate: March 28, 2008
    
    Date: 4/9/2008
EX-4.2





 Exhibit 4.2 
  






 
 THIS CERTIFIES THAT SEE REVERSE SIDE FOR CERTAIN DEFINITIONS CUSIP 000000 00 0 is the owner of FULLY PAID AND NON-ASSESSABLE COMMON SHARES, $0.001 PAR VALUE, OF ZENTALIS PHARMACEUTICALS, INC. transferable on the books of the Corporation by the holder hereof in person or by Attorney upon surrender of this certificate
properly endorsed. This certificate is not valid until countersigned COMMON and registered by the Transfer Agent and Registrar. IN WITNESS WHEREOF, the said Corporation has caused this certificate to be signed by facsimile signatures of its duly
authorized officers. Dated: CHIEF EXECUTIVE OFFICER CHIEF FINANCIAL OFFICER COUNTERSIGNED AND REGISTERED: AMERICAN STOCK TRANSFER TRUST& COMPANY New(Brooklyn, York) TRANSFER AGENT AND REGISTRAR BY AUTHORIZED SIGNATURE 












 



 
 THE BOARD OF THIS CORPORATION HAS THE AUTHORITY TO CREATE AND DETERMINE THE RELATIVE RIGHTS AND PREFERENCES OF CLASSES OR SERIES OF
SHARES OF CAPITAL STOCK OTHER THAN COMMON STOCK. THIS CORPORATION WILL FURNISH TO ANY SHAREHOLDER UPON WRITTEN REQUEST SENT TO ITS PRINCIPAL EXECUTIVE OFFICES, AND WITHOUT CHARGE, A FULL STATEMENT OF THE BOARD’S AUTHORITY TO CREATE AND
DETERMINE THE RELATIVE RIGHTS AND PREFERENCES OF CLASSES OR SERIES OF SHARES OF CAPITAL STOCK AS WELL AS THE DESIGNATIONS, PREFERENCES, LIMITATIONS AND RELATIVE RIGHTS OF THE SHARES OF EACH CLASS OR SERIES THEN OUTSTANDING OR AUTHORIZED TO BE
ISSUED. The following abbreviations, when used in the inscription on the face of this certificate, shall be construed as though they were written out in full according to applicable laws or regulations: UTMA – Custodian TEN COM – as
tenants in common (Cust) (Minor) TEN ENT – as tenants by entireties under Uniform Transfers to Minors JT TEN – as joint tenants with right of survivorship Act and not as tenants in common (State) Additional abbreviations may also be used
though not in the above list. For value received hereby sell, assign, and transfer unto PLEASE INSERT SOCIAL SECURITY OR OTHER IDENTIFYING NUMBER OF ASSIGNEE (PLEASE PRINT OR TYPEWRITE NAME AND ADDRESS INCLUDING POSTAL ZIP CODE OF ASSIGNEE) Shares
of the capital stock represented by the within Certificate, and do hereby irrevocably constitute and appoint Attorney to transfer the said stock on the books of the within-named Corporation with full power of substitution in the premises. Dated X
NOTICE: THE SIGNATURE TO THIS ASSIGNMENT MUST CORRESPOND WITH THE NAME AS WRITTEN UPON THE FACE OF THE CERTIFICATE IN EVERY PARTICULAR WITHOUT ALTERATION OR ENLARGEMENT OR ANY CHANGE WHATEVER. SIGNATURE GUARANTEED ALL GUARANTEES MUST BE MADE BY A
FINANCIAL INSTITUTION (SUCH AS A BANK OR BROKER) WHICH IS A PARTICIPANT IN THE SECURITIES TRANSFER AGENTS MEDALLION PROGRAM (“STAMP”), THE NEW YORK STOCK EXCHANGE, INC. MEDALLION SIGNATURE PROGRAM (“MSP”), OR THE STOCK EXCHANGES
MEDALLION PROGRAM (“SEMP”) AND MUST NOT BE DATED. GUARANTEES BY A NOTARY PUBLIC ARE NOT ACCEPTABLE.
Thomas L. Rose
                                           Vice President
                                           National Utilities
                                           
   FLEET (Logo)
                                             Fleet Bank
                                             Mail Stop:  MA OF 0320
                                             One Federal Street
                                             Boston, MA 02110
    
                                 November 28, 1998
   The Energy Network, Inc.
   P.O. Box 1500
   Hartford, Connecticut 06114-1500
   Attn:  Mr. Andrew Johnson, Treasurer

        Re:  $10,000,000 364-Day Revolving Credit Line

   Dear Andrew:

        This letter is written in connection with that certain 364-Day
   Revolving Credit Agreement between The Energy Network, Inc. (the "Borrower")
   and Fleet National Bank (the "Lender") dated as of October 1, 1997 (as
   amended the "Credit Agreement") and that certain 364-Day Revolving Credit
   Note given by the Borrower to the order of Lender dated October 1, 1997 in
   the original principal amount of up to $10,000,000 (as amended the "Note"). 
   Capitalized terms used herein which are not otherwise specifically defined
   herein shall have the same meaning as in the Credit Agreement.

        The Lender and the Borrower have agreed to again extend the maturity
   date of the loan evidenced by the Note to September 28, 1999.  The Lender
   and the Borrower, by its execution of this letter where indicated below,
   hereby agree that (i) the definition of "Maturity Date", as defined in the
   Credit Agreement and in the Note, is hereby amended such that "Maturity
   Date" shall hereafter mean September 28, 1999 and (ii) TEN Gas Services,
   Inc. shall hereafter be included as a "Guarantor" under the Credit
   Agreement.  By their execution of this letter where indicated below, each of
   the undersigned Guarantors hereby consents to the modifications set forth
   above.  Except as specifically modified hereby, the terms of the Credit
   Agreement, the Note and the remaining Loan Documents shall not be affected
   by this letter agreement and each shall remain in full force and effect.

        If you have any questions, please feel free to contact me.

                                           Very truly yours,
                                           FLEET NATIONAL BANK

                                           By:  S/ Thomas L. Rose
                                           -------------------------------
                                                Thomas L. Rose
                                                Vice President

   Acknowledged and agreed to this 8 day of December, 1998.

   THE ENERGY NETWORK, INC.

   By:  S/ Andrew H. Johnson
   -------------------------------
   Name:  Andrew H. Johnson<PAGE>