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



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 Macromedia, Inc. (the Registrant) on Form 10-K/A for the annual period ended March 31, 2004 as filed with the
Securities and Exchange Commission on the date hereof (the Report), I, Elizabeth A. Nelson, Executive Vice President and Chief Financial Officer of the Registrant, certify, in accordance with 18 U.S.C. 1350, as adopted pursuant to
Section 906 of the Sarbanes-Oxley Act of 2002, that based on my knowledge:



| | (1) | the Report, to which this certification is attached as an exhibit, fully complies with the requirements of section 13(a) of the Securities Exchange Act of 1934 (15 U.S.C. 78m); and
| | --- | ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------



| | (2) | the information contained in the Report fairly presents, in all material respects, the financial condition and results of operations of the Registrant.
| | --- | -------------------------------------------------------------------------------------------------------------------------------------------------------



|                    |  |  |  |                                                     
|------------------- |  |  |  | ----------------------------------------------------
|                    |  | 
|Dated: June 9, 2005 |  |  |  | /s/ ELIZABETH A. NELSON                             
|                    |  |  |  | Elizabeth A. Nelson                                 
|                    |  |  |  | Executive Vice President and Chief Financial Officer



A signed original of this written
statement required by Section 906 of the Sarbanes-Oxley Act of 2002 has been provided to Macromedia, Inc. and will be retained by Macromedia, Inc. and furnished to the Securities and Exchange Commission or its staff upon request. This certification
accompanies the Form 10-K/A to which it relates, is not deemed filed with the Securities and Exchange Commission and is not to be incorporated by reference into any filing of Macromedia, Inc. under the Securities Act of 1933 or the Securities
Exchange Act of 1934 (whether made before or after the date of the Form 10-K/A), irrespective of any general incorporation language contained in such filing.
***Exhibit******32***

CERTIFICATION OF CHIEF EXECUTIVE OFFICER AND 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 report on Form 10-Q/Aof ASP Ventures Corp. for the quarterly period endedSeptember30, 2008 as filed with the Securities and Exchange Commission on the date hereof, I,Kurt Dalmata, do hereby        certify, pursuant to 18 U.S.C. §1350, as adopted pursuant to §906 of the Sarbanes-Oxley Act of 2002, that, to the best of my knowledge and belief:

|  | (1)      | This 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 this report fairly represents, in all material respects, the financial condition of theregistrantat the endof the period covered by this report and resultsof operations of theregistrantfor the period covered by this report. |
|--|-----------------------------------|--------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|

Date: January 26, 2009

/s/ Kurt Dalmata

Kurt Dalmata

Chief Executive Officer and Chief Financial Officer

Thiscertification accompanies this report pursuant to §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 theregistrantfor the purposes of §18 of the        Securities Exchange Act of 1934, as amended. This certification shall not be incorporated by reference into any filing under the Securities Act of 1933, as amended, or the Securities Exchange Act of 1934, as amended (whether made before or after the date of this report), irrespective of any general incorporation language contained in such filing.                 A signed original of this written statement required by §906 hasbeen provided to theregistrantand will be retained by theregistrantand furnished to the Securities and Exchange Commission or its staff upon request.

26
<PAGE>   1

Exhibit 23.01



                                      108
<PAGE>   2

                         CONSENT OF INDEPENDENT AUDITORS

The Board of Directors
Macromedia, Inc. and Subsidiaries

We consent to the use of our report included herein in the registration
statements (Nos. 33-74202, 33-84208, 33-89092, 33-96188 and 333-3406) on Form
S-8 and the registration statement (No. 333-3404) on Form S-3 of Macromedia, 
Inc. and subsidiaries.

As indicated in our report, we did not audit the financial statements of Altsys
Corporation, a company acquired by Macromedia, Inc. in a business combination
accounted for as a pooling of interests, for the nine months ended September 30,
1994. Those statements were audited by other auditors whose report has been
furnished to us, and our opinion, insofar as it relates to the amounts included
for Altsys Corporation for such period, is based solely on the report of the
other auditors.

KPMG Peat Marwick LLP


Palo Alto, California
June 25, 1997


                                      109
Exhibit 32.1

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 on Form 10-K of Cambridge Heart, Inc. (the Company) for the period ended December 31, 2008 as filed with the Securities and Exchange Commission on the date hereof
(the Report), the undersigned, Ali Haghighi-Mood, Chief Executive Officer of the Company, hereby certifies, pursuant to 18 U.S.C. Section 1350, 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.

Dated: March 31, 2009



/s/ Ali Haghighi-MoodAli Haghighi-MoodPresident and Chief Executive Officer
EXHIBIT 18.1
                                  ------------

                                     ARTHUR
                                    ANDERSEN


                                                        Arthur Andersen LLP
                                                        Suite 1500
                                                        One Marine Midland Plaza
                                                        Rochester NY 14604-2494
                                                        716 399 2800


April 22, 1999

Canandaigua Brands, Inc.


Re:  Form 10-K Report for the year ended February 28, 1999

Gentlemen/Ladies:

This letter is written to meet the  requirements of Regulation S-K calling for a
letter from a  registrant's  independent  accountants  whenever there has been a
change in accounting principle or practice.

As of  February  28,  1999,  the Company  changed  from the  last-in,  first-out
("LIFO")  method  of  accounting  for  inventories  to the  first-in,  first-out
("FIFO")  method.  According to the  management of the Company,  this change was
made for the following  reasons:  (1) a better matching of revenues and expenses
of the Company's  products  sold, and therefore a better method of reporting the
Company's  results of  operations;  and (2) the FIFO method of  accounting  will
provide improved financial  comparability to other publicly-traded  companies in
the industry.

A complete  coordinated set of financial and reporting standards for determining
the  preferability  of  accounting   principles  among  acceptable   alternative
principles  has not been  established  by the  accounting  profession.  Thus, we
cannot  make an  objective  determination  of whether  the change in  accounting
described in the preceding paragraph is to a preferable method. However, we have
reviewed the pertinent factors,  including those related to financial reporting,
in this particular case on a subjective  basis,  and our opinion stated below is
based on our determination made in this manner.

We are of the opinion that the Company's change in method of accounting is to an
acceptable  alternative  method of  accounting,  which,  based upon the  reasons
stated for the change and our discussions with you, is also preferable under the
circumstances  in this  particular  case. In arriving at this  opinion,  we have
relied on the business judgment and business planning of your management.

Very truly yours,


/s/ Arthur Andersen LLP
§ 708.4 Required programs and reports. ( a ) The Commission shall prepare a work plan for public participation as part of the Master Plan—Plan of Study. The work plan shall satisfy minimum standards described in this part. The work plan shall describe all substantive administrative and management arrangements to elicit public participation, shall delineate Commission member and staff responsibilities, and shall identify budgetary provisions.
( b ) In addition to public meetings and hearings, the public participation program shall include survey research, program evaluation, and information/education activities as described in § 708.5.
( c ) The Commission shall recommend long-term public participation activities and programs related to implementation of the Master Plan. These recommendations shall be based on evaluation of procedures and results mandated in this part and carried out during the Master Plan preparation.
( d ) The Commission shall issue reports describing the participation program as developed or implemented during the designated reporting period. Each such report shall include as a minimum a brief description of the main participation elicited, the costs of the effort, and the use that was made of the elicited information in the planning process. The reporting periods shall be arranged so as to correspond generally with the main sequential segments of the overall planning process.
Page 1 of 3

Disposition Comments

Docket No: FAA-2014-0092 These comments are in

Directorate ID: 2014-CE-002-AD response to an SNPRM

Originating Office Tracking No.: 

Next Step: FRAN SNPRM

 No Comments/Only Supportive Comments Received – If this box is checked, no signatures are 

required.

No Has the referenced service information been revised since the NPRM was issued? If yes, 

list latest revision and attach a copy. Note that changes beyond the scope of the previously 

published NPRM will require a new notice. Contact the Directorate focal point for guidance.

Instructions: Summarize all comments by issue (not by commenter) and provide your recommended resolution of 

each issue. All comments relating to the same issue should be discussed together. Do not list all of the issues 

from one commenter together. If changes to the AD are required based on the comments received, explain why and 

describe in detail what change(s) you recommend. Reference FAA-IR-M-8040.1C Chapter 9.

ISSUE 1: Select one of the following: 

If other, explain: 

Commenter(s): 

What change to the AD action is requested? 

Why is the change requested or how is it justified? 

Do we agree? 

If YES, we agree because Make the following changes to the AD: 

If PARTIALLY AGREE, we agree with because We disagree with because 

Make the following changes to the AD: 

If NO, we don’t agree because 

ISSUE 2: Select one of the following: 

If other, explain: 

Commenter(s): 

What change to the AD action is requested? 

Why is the change requested or how is it justified? 

Do we agree? 

If YES, we agree because Make the following changes to the AD: 

If PARTIALLY AGREE, we agree with because We disagree with because 

Make the following changes to the AD:
Page 2 of 3

If NO, we don’t agree because 

For additional issues, double-click here
Page 3 of 3

Signature Section

Signature indicates concurrence with this action.

Originating Office Tracking No.: 

ASE Printed Name: Date

Branch Manager Date
#### The People of the State of New York, Respondent, v Dwayne Morrison, Appellant.

[823 NYS2d 898]

*399Judgment, Supreme Court, Bronx County (Steven Lloyd Barrett, J., on dismissal motion; Dominic R. Massaro, J., at jury trial and sentence), rendered August 6, 2003, convicting defendant of reckless endangerment in the first degree, and sentencing him to a term of 1 to 3 years,, unanimously affirmed.

The People were not required to obtain the court’s permission to re-present defendant’s case to a second grand jury *(see*CPL 190.75 [3]), because “[t]he fact that there were neither 12 votes to indict nor 12 votes to dismiss [at the first grand jury] was not the equivalent of a dismissal” *(People v Medina,*283 AD2d 250 [2001]; *see also People v Aarons,*2 NY3d 547 [2004]). To the extent defendant contends that the People should have asked to extend the first grand jury’s term or that the first grand jury was required to have taken one of the five actions listed in CPL 190.60, his arguments are unpreserved *(see e.g. People v Julius,*300 AD2d 167, 168 [2002], *lv denied*99 NY2d 655 [2003]), and we decline to reach them in the interest of justice. Were we to do so, we would find them unavailing. Concur—Andrias, J.E, Friedman, Sullivan, Nardelli and Malone, JJ.
<PAGE>

                                                                  EXHIBIT 10.61

                                       
                 SECOND MODIFICATION OF EMPLOYMENT AGREEMENT

     THIS MODIFICATION, made and entered into this 22nd day of October, 1997, 
by and between HARVEYS CASINO RESORTS, a Nevada corporation, hereinafter 
referred to as "Harveys" and/or "Employer", and JOHN MCLAUGHLIN, hereinafter 
referred to as "Employee", is as follows:

                               W I T N E S S E T H:

     WHEREAS, Harveys and Employee did, on the 14th day of August, 1995, execute
an Employment Agreement (the "Agreement"); 
and

     WHEREAS, Harveys and Employee did, on the 27th day of November, 1996,
execute a document modifying the Agreement; and 

     WHEREAS, Harveys desires to continue to engage the services of Employee,
who is desirous of continued employment by Harveys under the terms and
conditions as set forth herein; and

     WHEREAS, the parties desire to again amend the Agreement as of the date
hereof in the follow particulars:

     A.   Section 3.01 shall be modified by extending the term of employment for
one (1) additional year commencing the 18th day of September, 1999, and
terminating on the 17th day of September, 2000, unless further extended by
mutual agreement of the parties. 

     B.   Section 3.01 shall also be modified by adding the following language: 
"Effective the 20th day of October, 1997, Employee's annual salary shall be
increased to $250,000.00 per annum."

     C.   Paragraph 8.02 shall be modified by increasing Employee's vacation
time from two (2) weeks per year to three (3) weeks per year, commencing on the
2nd anniversary date of hire. 

<PAGE>

     Where not inconsistent herewith, the remaining terms and conditions of the
Agreement shall remain in full force and effect and shall be deemed restated
herein as if set forth herein verbatim. 

     DATED this __ day of October, 1997.

                    EMPLOYEE:

                    /s/ John McLaughlin 
                    -----------------------------------------------
                    John McLaughlin

                    EMPLOYER:
                    HARVEYS CASINO RESORTS, a Nevada corporation

                    By:  /s/ Charles W. Scharer
                         -------------------------------------------
                         CHARLES W. SCHARER
                         President/Chief Executive Officer
§ 16.5 Site access for a competing applicant. ( a ) *Access.* If a potential applicant for a new license, subsequent license, or nonpower license for a project has complied with the first stage consultation provisions of § 16.8(b)(1) and has notified the existing licensee in writing of the need for and extent of the access required, the existing licensee must allow the potential applicant to enter upon or into designated land, buildings, or other property in the project area at a reasonable time and under reasonable conditions, including, but not limited to, reasonable liability conditions, conditions for compensation to the existing licensee for all reasonable costs incurred in providing access, including energy generation lost as a result of modification of project operations that may be necessary to provide access, and in a manner that will not adversely affect the environment, for the purposes of: ( 1 ) Conducting a study or gathering information required by a resource agency under § 16.8 or by the Commission pursuant to § 4.32 of this chapter;
( 2 ) Conducting a study or gathering information not covered by paragraph (a)(1) but necessary to prepare an application for new license, subsequent license, or nonpower license; or
( 3 ) Holding a site visit for a resource agency under § 16.8.
( b ) ( 1 ) *Disputes.* Except as specified by paragraph (b)(2), disputes regarding the timing and conditions of access for the purposes specified in paragraphs (a) (1), (2), or (3) of this section and the need for the studies or information specified in paragraph (a)(2) may be referred to the Director of the Office of Energy Projects for resolution in the manner specified in § 16.8(b)(5) prior to the providing of access.
( 2 ) Disputes regarding the amount of compensation to be paid the existing licensee for access may be referred to the Director of the Office of Energy Projects for resolution in the manner specified in § 16.8(b)(5) after the access has been provided.
**Order of the General Court (Eighth Chamber) of 6 March 2012 — Northern Ireland Department of Agriculture and Rural Development
v Commission**

**(Case T‐453/10)**

Action for annulment — EAGGF, EAGF and EAFRD — Expenditure incurred by the United Kingdom of Great Britain and Northern Ireland — Expenditure excluded from European Union financing — Devolved administration — No direct concern — Inadmissibility

Actions for annulment — Natural or legal persons — Measures of direct and individual concern to them — Whether directly concerned — Criteria — Commission decision excluding certain expenses incurred by Member States from EU financing under EAGGF, EAGF and EAFRD — Action by a regional body benefiting from that financing and acting as management authority for the funds received — Not directly concerned — Inadmissibility (Art. 263, fourth para., TFEU) (see paras 39, 42-57, 65)

**Re:**

| | |
| --- | --- |
| | ACTION for annulment in part of Commission Decision 2010/399/EU of 15 July 2010 excluding from European Union financing certain expenditure incurred by the Member States under the Guarantee Section of the European Agricultural Guidance and Guarantee Fund (EAGGF), under the European Agricultural Guarantee Fund (EAGF) and under the European Agricultural Fund for Rural Development (EAFRD) (OJ 2010 L 184, p. 6). |

**Operative part**

| | | |
| --- | --- | --- |
| 1. | | The action is dismissed as inadmissible. |

| | | |
| --- | --- | --- |
| 2. | | The Northern Ireland Department of Agriculture and Rural Development is ordered to pay the costs. |
### §8405. Enforcement by State attorneys general

#### (a) Right of action

Except as provided in subsection (e), the attorney general of a State, or other authorized State officer, alleging a violation of this chapter or any regulation issued under this chapter that affects or may affect such State or its residents may bring an action on behalf of the residents of the State in any United States district court for the district in which the defendant is found, resides, or transacts business, or wherever venue is proper under section 1391 of title 28, to obtain appropriate injunctive relief.

#### (b) Notice to Commission required

A State shall provide prior written notice to the Federal Trade Commission of any civil action under subsection (a) together with a copy of its complaint, except that if it is not feasible for the State to provide such prior notice, the State shall provide such notice immediately upon instituting such action.

#### (c) Intervention by the Commission

The Commission may intervene in such civil action and upon intervening—

(1) be heard on all matters arising in such civil action; and

(2) file petitions for appeal of a decision in such civil action.

#### (d) Construction

Nothing in this section shall be construed—

(1) to prevent the attorney general of a State, or other authorized State officer, from exercising the powers conferred on the attorney general, or other authorized State officer, by the laws of such State; or

(2) to prohibit the attorney general of a State, or other authorized State officer, from proceeding in State or Federal court on the basis of an alleged violation of any civil or criminal statute of that State.

#### (e) Limitation

No separate suit shall be brought under this section if, at the time the suit is brought, the same alleged violation is the subject of a pending action by the Federal Trade Commission or the United States under this chapter.

(Pub. L. 111–345, §6, Dec. 29, 2010, 124 Stat. 3621.)
EXHIBIT 32

CERTIFICATION

Pursuant to 18 U.S.C. Section 1350, each of the
undersigned certifies that, to the best of his knowledge:



| | 1. | The Annual Report on Form 10-K of TerreStar Corporation for the year ended December 31, 2009 (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 TerreStar Corporation
| | -- | -------------------------------------------------------------------------------------------------------------------------------------------------------------



|               |  |     |  |                          
|-------------- |  | --- |  | -------------------------
|March 16, 2010 |  | By: |  | /S/    JEFFREY W.
EPSTEIN
|               |  |     |  | Jeffrey W. Epstein       
|               |  |     |  | Chief Executive Officer  
|               |  |    
|March 16, 2010 |  | By: |  | /S/    VINCENT
LOIACONO  
|               |  |     |  | Vincent Loiacono         
|               |  |     |  | Chief Financial Officer  

A signed original of this written statement has been provided to TerreStar Corporation and will be retained by TerreStar Corporation and furnished to the Securities and Exchange Commission or its staff
upon request.
**EXHIBIT 23.1**

**CONSENT OF INDEPENDENT REGISTERED PUBLIC ACCOUNTING FIRM**

We hereby consent to the incorporation by reference in theRegistration Statements on Form S-8 (Nos. 333-92326, 333-117148, 333-118728 and 333-136845) and Form S-3 (Nos. 333-136046, 333-136366 and 333-143680) of TerreStar Corporation (formerly Motient Corporation) and subsidiaries of our reports dated March31, 2008 relating to the consolidated financial statements and the effectiveness of internal control over financial reporting, which appear in this Form 10-K. 

/s/ Friedman LLP 

East Hanover, New Jersey 

March 31,2008