alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
**Exhibit 32.2**

 

**CertificationPursuant to 18 U.S.C. Section 1350,**

**as AdoptedPursuant to**

**Section906 of the Sarbanes-Oxley Act of 2002**

 

In connection with the Annual Report on Form10-K of Vital Images, Inc. (the “Company”) for the period ended December 31, 2003,as filed with the Securities and Exchange Commission on March 15, 2004 (the“Periodic Report”), I, Gregory S. Furness, Chief Financial Officer of theCompany, hereby certify, pursuant to 18 U.S.C. Section 1350, as adoptedpursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that:

 

1.               The Periodic Reportfully complies with the requirements of section 13(a) or 15(d) of theSecurities Exchange Act of 1934 (15 U.S.C. 78m or 78o(d)); and

 

2.               The informationcontained in the Periodic Report fairly presents, in all material respects, thefinancial condition and results of operations of the Company.

 

 
| Dated: | March 15, 2004 |   |   |   |   |   | /s/ Gregory S. Furness  |
|--------|----------------|--------|--------|--------|--------|--------|-------------------------|
|   |           |   |   |   |   |   | Gregory S. Furness      |
|   |           |   |   |   |   |   | Chief Financial Officer |
|   |           |   |   |   |   |   | Vital Images, Inc.      |

 

----
### §3711. Foreclosure costs

The following foreclosure costs shall be paid from the sale proceeds prior to satisfaction of any other claim to such sale proceeds:

(1) necessary advertising costs and postage incurred in giving notice pursuant to sections 3708 and 3710 of this title;

(2) mileage for posting notices and for the foreclosure commissioner's attendance at the sale at the rate provided in section 1921 of title 28 for mileage by the most reasonable road distance;

(3) reasonable and necessary costs actually incurred in connection with any necessary search of title and lien records;

(4) necessary out-of-pocket costs incurred by the foreclosure commissioner to record documents; and

(5) a commission for the foreclosure commissioner for the conduct of the foreclosure to the extent authorized by regulations issued by the Secretary.

(Pub. L. 97–35, title III, §369C, Aug. 13, 1981, 95 Stat. 429.)
<PAGE>



                                                                    Exhibit 32

      ServiceWare Technologies, Inc. Certification under Section 906 of the
                Sarbanes/Oxley Act - filed as an exhibit to 10-Q
                      for Quarter Ended September 30, 2003



                            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 ServiceWare Technologies, Inc. (the
"Company") on Form 10-Q for the period ended September 30, 2003 as filed with
the Securities and Exchange Commission on the date hereof (the "Report"), the
undersigned, Kent Heyman, Chief Executive Officer of the Company, and Scott
Schwartzman, 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 the best of our 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/ Kent Heyman                                     /s/ Scott Schwartzman
----------------------------                        ----------------------------
Kent Heyman                                         Scott Schwartzman
Principal Executive Officer                         Principal Financial Officer
November 14, 2003                                   November 14, 2003



                                       27
Pension Benefit Guaranty Corporation 

75-30 

November 13, 1975 

REFERENCE: 

 [*1] 4044(c) Allocation of Assets. Apportionment of Asset Gains & Losses Between Plan & PBGC 

OPINION: 

 In your letter dated November 6, 1975, you have asked for our interpretation of Section 4044(c) of the Employee

Retirement Income Security Act of 1974. 

In reading Section 4044(c), three important questions arise. First, the statute does not make plain whether increases

and decreases are to allocated between the PBGC and the plan in a period beginning on the date the plan is terminated

and ending upon the final distribution of the plan assets. Second, the statute does not make plain whether, if a trustee

is appointed, increases and decreases in the value of plan assets are to be allocated from the date of appointment of the

trustee until the date when the plan assets are finally distributed, or only until the date on which the plan is terminated.

The third question that arises is whether the Section applies to sufficient plans, i.e., plans whose assets are determined

to be sufficient on the date of termination to discharge when due all the obligations of the plan which are guaranteed

under Title IV. 

Viewing the language of Section 4044(c) in light of other relevant provisions of Title [*2] IV and the policies

underlying that portion of the Act, we have answered these questions as follows: 

(1) Where a trustee is appointed prior to the date of termination of a plan, increases and decreases in the value of

the plan's assets occurring during the period between the date of the trustee appointment and the date of plan termination

should be allocated between the plan and the Corporation in the manner determined by the court (in the case of a courtappointed trustee) or as agreed upon by the Corporation and the plan administrator in any other case. 

(2) Where an insufficient plan is terminated, any increases or decreases in the value of the assets of the plan

occurring after the date on which the plan is terminated should be credited to, or suffered by, the Corporation. 

(3) Where a sufficient plan is terminated, but no trustee is appointed, increases or decreases in the value of plan

assets during the period between the date of termination and the final distribution of plan assets during the peirod

between the date of termination and the final distribution of plan assets should be allocated to the plan alone. 

(4) Where a plan is sufficient but a trustee is appointed, the [*3] increases or decreases in the value of the plan

assets should be allocated equitably in the manner determined by the court (in the case of a court-appointed trustee) or

as agreed upon by the Corporation and the plan administrator in any other case. 

As we read the statute, this last rule is applicable whether or not the plan terminates during the period of the trustee

administration. 

I trust this answers your inquiry. 

George B. Driesen 

Deputy General Counsel
Consent of Independent Registered Public Accounting Firm

 

 

The Board of Directors 

Foamex International Inc.:

 

We consent to the incorporation by reference in the registration statements (Nos. 33-74264, 33-94154, 333-90020, and 333-143149) on Form S-8 of Foamex International Inc. of our reports dated April 4, 2008, with respect to the consolidated balance sheets of Foamex International Inc. and subsidiaries as of December 30, 2007 and December 31, 2006, and the related consolidated statements of operations, cash flows, and stockholders’ deficiency for each of the years in the three-year period ended December 30, 2007, the related financial statement schedules as listed in the index on page S-1, and the effectiveness of internal control over financial reporting as of December 30, 2007, which reports appear in the December 30, 2007 annual report on Form 10-K of Foamex International Inc.

Our report with respect to the consolidated financial statements and related financial statement schedules refers to the adoption by the Company of Statement of Financial Accounting Standards No. 123(R), “Share-Based Payment,” effective January 2, 2006, Statement of Financial Accounting Standards No. 158, “Employers’ Accounting for Defined Benefit Pension and Other Postretirement Plans – an amendment of FASB Statements No. 87, 88, 106 and 132(R),” effective December 31, 2006, and Financial Accounting Standards Board Interpretation No. 47, “Accounting for Conditional Asset Retirement Obligations – an interpretation of FASB Statement No. 143,” effective January 1, 2006.

 

/s/ KPMG LLP

 

Philadelphia, Pennsylvania

April 4, 2008
EXHIBIT 11
                                                                      ----------



              APPLIED SCIENCE AND TECHNOLOGY, INC. AND SUBSIDIARIES

                 Statement Re: Computation of Per Share Earnings

<TABLE>
<CAPTION>

                                                               Years ended
                                                 --------------------------------------

                                                   June 28,      June 29,      July 1,
                                                     1997         1996          1995
                                                     ----         ----          ----

<S>                                               <C>          <C>            <C>      
Net earnings (loss)                               $  937,759   (7,296,775)    1,127,748
                                                  ==========   ==========    ==========

Primary earnings (loss) per share:
    Weighted average common shares outstanding     4,457,501    4,204,764     3,889,000
    Dilutive stock options and warrants               60,792         --          17,800
                                                  ----------   ----------    ----------

                                                   4,518,293    4,204,764     3,906,800
                                                  ==========   ==========    ==========

    Net earnings (loss) per share                 $     0.21        (1.74)          .29
                                                  ==========   ==========    ==========

Fully diluted earnings per share:
    Weighted average common  shares outstanding    4,457,502    4,204,764     3,889,000
    Dilutive stock options and warrants              371,612         --         103,100
                                                  ----------   ----------    ----------

                                                   4,829,114    4,204,764     3,992,100
                                                  ==========   ==========    ==========

    Net earnings (loss) per share                 $     0.19        (1.74)          .28
                                                  ==========   ==========    ==========

</TABLE>
H. Res. 639

In the House of Representatives, U.S.,

October 19, 2000.

Resolved, That upon the adoption of this resolution it

shall be in order without intervention of any point of order

to consider in the House the bill (S. 2796) to provide for the

conservation and development of water and related resources,

to authorize the Secretary of the Army to construct various

projects for improvements to rivers and harbors of the United

States, and for other purposes. The bill shall be considered

as read for amendment. The amendment in the nature of a

substitute printed in the Congressional Record and numbered

2 pursuant to clause 8 of rule XVIII shall be considered as

adopted. The previous question shall be considered as ordered

on the bill, as amended, to final passage without intervening

motion except: (1) one hour of debate on the bill, as amended, equally divided and controlled by the chairman and ranking minority member of the Committee on Transportation

and Infrastructure; and (2) one motion to recommit with or

without instructions.
2

•HRES 639 EH

SEC. 2. If the Senate bill, as amended, is passed, then

it shall be in order to move that the House insist on its

amendment to S. 2796 and request a conference with the

Senate thereon.

Attest:

Clerk.
H. Res. 645

In the House of Representatives, U.S.,

October 24, 2000.

Resolved, That the bill of the Senate (S. 1109) entitled

the ‘‘Bear Protection Act of 2000’’, in the opinion of this

House, contravenes the first clause of the seventh section of

the first article of the Constitution of the United States and

is an infringement of the privileges of this House and that

such bill be respectfully returned to the Senate with a message communicating this resolution.

Attest:

Clerk.
II

106TH CONGRESS

1ST SESSION S. 1177

To amend the Food Security Act of 1985 to permit the harvesting of crops

on land subject to conservation reserve contracts for recovery of biomass

used in energy production.

IN THE SENATE OF THE UNITED STATES

MAY 27, 1999

Mr. HARKIN (for himself, Mr. KERREY, and Mr. GRASSLEY) introduced the

following bill; which was read twice and referred to the Committee on Agriculture, Nutrition, and Forestry

A BILL

To amend the Food Security Act of 1985 to permit the

harvesting of crops on land subject to conservation reserve contracts for recovery of biomass used in energy

production.

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

3 SECTION 1. USE OF CONSERVATION RESERVE LAND FOR

4 RECOVERY OF BIOMASS USED IN ENERGY

5 PRODUCTION.

6 Section 1232(a)(7) of the Food Security Act of 1985

7 (16 U.S.C. 3832(a)(7)) is amended—
2

•S 1177 IS

1 (1) by striking ‘‘except that the Secretary may

2 permit harvesting’’ and inserting ‘‘except that the

3 Secretary may permit—

4 ‘‘(A) harvesting’’;

5 (2) by striking ‘‘emergency, and the Secretary

6 may permit limited’’ and inserting ‘‘emergency;

7 ‘‘(B) limited’’;

8 (3) by inserting ‘‘and’’ after the semicolon at

9 the end; and

10 (4) by adding at the end the following:

11 ‘‘(C) harvesting of crops on land subject to

12 the contract for recovery of biomass used in en13 ergy production if—

14 ‘‘(i) the land is harvested not more

15 than once annually;

16 ‘‘(ii) no portion of the crop is used for

17 any commercial purpose other than energy

18 production from biomass;

19 ‘‘(iii) the owner or operator agrees to

20 a payment reduction under this section in

21 an amount determined by the Secretary,

22 except that the payment reduction shall

23 not be in an amount that prevents the

24 owner or operator from realizing a reason25 able economic return; and
3

•S 1177 IS

1 ‘‘(iv) the owner or operator agrees to

2 such other terms and conditions as the

3 Secretary, in consultation with the State

4 technical committee for the State, may es5 tablish to ensure that the harvesting mini6 mizes disturbance of wildlife habitat and is

7 otherwise consistent with the purposes of

8 the program established under this sub9 chapter.’’.

Æ
### §4546. Prohibition of public disclosure of proprietary information

#### (a) In general

Subject to subsection (d), the Director may, by regulation or order, provide that certain information shall be treated as proprietary information and not subject to disclosure under section 4543 of this title, section 1723a(n)(3) of this title, or section 1456(f)(3) of this title.

#### (b) Protection of information on housing activities

The Director shall not provide public access to, or disclose to the public, any information required to be submitted by an enterprise under section 1723a(n) of this title or section 1456(f) of this title that the Director determines is proprietary.

#### (c) Nondisclosure pending consideration

This section may not be construed to authorize the disclosure of information to, or examination of data by, the public or a representative of any person or agency pending the issuance of a final decision under this section.

#### (d) Mortgage information

Subject to privacy considerations, as described in section 304(j) of the Home Mortgage Disclosure Act of 1975 (12 U.S.C. 2803(j)), the Director shall, by regulation or order, provide that certain information relating to single family mortgage data of the enterprises shall be disclosed to the public, in order to make available to the public—

(1) the same data from the enterprises that is required of insured depository institutions under the Home Mortgage Disclosure Act of 1975 [12 U.S.C. 2801 et seq.]; and

(2) information collected by the Director under section 4544(b)(6) of this title.

(Pub. L. 102–550, title XIII, §1326, Oct. 28, 1992, 106 Stat. 3955; Pub. L. 110–289, div. A, title I, §§1122(a)(1), 1127, July 30, 2008, 122 Stat. 2689, 2695.)

#### **Editorial Notes**

#### References in Text

The Home Mortgage Disclosure Act of 1975, referred to in subsec. (d)(1), is title III of Pub. L. 94–200, Dec. 31, 1975, 89 Stat. 1125, which is classified principally to chapter 29 (§2801 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 2801 of this title and Tables.

#### Amendments

2008—Pub. L. 110–289, §1122(a)(1), substituted "Director" for "Secretary" wherever appearing in subsecs. (a) and (b).

Subsec. (a). Pub. L. 110–289, §1127(1), substituted "Subject to subsection (d), the Director" for "The Director".

Subsec. (d). Pub. L. 110–289, §1127(2), added subsec. (d).
### Government Deposits in Land Banks
### §3712. Disposition of sale proceeds

Money realized from a foreclosure sale shall be made available for obligation and expenditure—

(1) first to cover the costs of foreclosure provided for in section 3711 of this title;

(2) then to pay valid tax liens or assessments prior to the mortgage;

(3) then to pay any liens recorded prior to the recording of the mortgage which are required to be paid in conformity with the terms of sale in the notice of default and foreclosure sale;

(4) then to service charges and advancements for taxes, assessments, and property insurance premiums;

(5) then to the interest;

(6) then to the principal balance secured by the mortgage (including expenditures for the necessary protection, preservation, and repair of the security property as authorized under the mortgage agreement and interest thereon if provided for in the mortgage agreement); and

(7) then to late charges.

Any surplus after payment of the foregoing shall be paid to holders of liens recorded after the mortgage and then to the appropriate mortgagor. If the person to whom such surplus is to be paid cannot be located, or if the surplus available is insufficient to pay all claimants and the claimants cannot agree on the allocation of the surplus, or if any person claiming an interest in the mortgage proceeds does not agree that some or all of the sale proceeds should be paid to a claimant as provided in this section, that part of the sale proceeds in question may be deposited by the foreclosure commissioner with an appropriate official or court authorized under law to receive disputed funds in such circumstances. If such a procedure for the deposit of disputed funds is not available, and the foreclosure commissioner files a bill of interpleader or is sued as a stakeholder to determine entitlement to such funds, the foreclosure commissioner's necessary costs in taking or defending such action shall be deductible from the disputed funds.

(Pub. L. 97–35, title III, §369D, Aug. 13, 1981, 95 Stat. 429.)
* Pursuant to 5 TH C IR . 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 C IR . R. 47.5.4.

IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

_____________________ No. 05-50371

_____________________ UNITED STATES OF AMERICA Plaintiff - Appellee

v. CESAR SANTA CRUZ-PASILLAS Defendant - Appellant

--------------------- Appeal from the United States District Court for the

Western District of Texas, El Paso

3:04-CR-2363

--------------------- Before HIGGINBOTHAM, BENAVIDES and DENNIS, Circuit Judges.
PER CURIAM: *

IT IS ORDERED that the Appellee’s unopposed motion to vacate
the sentence is GRANTED.

IT IS FURTHER ORDERED that the Appellee’s uno pposed motion to remand the case to District Court for resentencing is GRANTED.

IT IS FURTHER ORDERED that the Appellee’s alternative
unopposed motion to extend time to file the Appellee’s brief
until fo urteen (14) days from the Court’s denial of the Appellee’s motion to vacate and remand is DENIED as moot. United States Court of Appeals

Fifth Circuit 

## F I L E D December 8, 2005 Charles R. Fulbruge III Clerk
UNITED STATES OF AMERICA

POSTAL REGULATORY COMMISSION

WASHINGTON, DC 20268-0001

Section 407 Proceeding Docket No. IM2018-1

NOTICE OF POSTING OF VIEWS

(Issued November 7, 2018)

Consistent with 39 U.S.C. § 407(c), the Commission provided views to the 

Secretary of State on whether certain proposals for the October 2018 Universal Postal 

Union Postal Operations Council session are consistent with the standards and criteria 

for modern rate regulation established by the Commission under 39 U.S.C. § 3622. 

Consistent with 39 C.F.R. § 3017.3(b), these views have been posted on the 

Commission’s website in Docket No. IM2018-1:1

Commission views dated October 12, 2018.

Stacy L. Ruble

Secretary

 

1

In Order No. 2960, the Commission stated, “[a]s indicated in section 3017.3(b), the Commission 

intends to post its views in the docket with which it is associated after conclusion of deliberations on a 

related treaty, convention, or amendment.” Docket No. RM2015-14, Order Adopting Final Rules on 

Procedures Related to Commission Views, December 30, 2015, at 29 (Order No. 2960).

Postal Regulatory Commission

Submitted 11/7/2018 3:33:28 PM

Filing ID: 107009

Accepted 11/7/2018
Docket No. IM2018-1 Attachment A

Page 1 of 1

Title of Document

Commission’s views October 12, 2018.
Docket No. IM2018-1 Attachment B

File of Document
### §2279a–3. Capitalization

In accordance with section 2154a of this title, each merged bank shall provide, through bylaws and subject to Farm Credit Administration regulations, for the capitalization of the bank and the manner in which bank stock shall be issued, held, transferred, and retired and bank earnings distributed.

(Pub. L. 92–181, title VII, §7.3, as added Pub. L. 100–399, title IV, §408(d), Aug. 17, 1988, 102 Stat. 1001.)

#### **Editorial Notes**

#### Prior Provisions

A prior section 2279a–3, Pub. L. 92–181, title VII, §7.3, as added Pub. L. 100–233, title IV, §416, Jan. 6, 1988, 101 Stat. 1645, related to issuance of shares of capital stock, prior to repeal by Pub. L. 100–399, title IV, §408(d), Aug. 17, 1988, 102 Stat. 1001.

#### **Statutory Notes and Related Subsidiaries**

#### Effective Date

Section effective as if enacted immediately after enactment of Pub. L. 100–233, which was approved Jan. 6, 1988, see section 1001(a) of Pub. L. 100–399, set out as an Effective Date of 1988 Amendment note under section 2002 of this title.