alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
<TABLE> <S> <C>

<ARTICLE> 5
<MULTIPLIER> 1,000
<CURRENCY> US DOLLARS
       
<S>                             <C>
<PERIOD-TYPE>                   9-MOS
<FISCAL-YEAR-END>                          MAR-31-1997
<PERIOD-START>                             APR-01-1996
<PERIOD-END>                               DEC-31-1996
<EXCHANGE-RATE>                                      1
<CASH>                                          11,524
<SECURITIES>                                         0
<RECEIVABLES>                                   16,781
<ALLOWANCES>                                         0
<INVENTORY>                                        313
<CURRENT-ASSETS>                                32,315
<PP&E>                                          16,511
<DEPRECIATION>                                  11,892
<TOTAL-ASSETS>                                  58,554
<CURRENT-LIABILITIES>                           12,220
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                            87
<OTHER-SE>                                      46,247
<TOTAL-LIABILITY-AND-EQUITY>                    58,554
<SALES>                                         53,008
<TOTAL-REVENUES>                                53,008
<CGS>                                            8,902
<TOTAL-COSTS>                                    8,902
<OTHER-EXPENSES>                                34,950
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                   0
<INCOME-PRETAX>                                  9,156
<INCOME-TAX>                                     (967)
<INCOME-CONTINUING>                                  0
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                     8,189
<EPS-PRIMARY>                                      .85
<EPS-DILUTED>                                      .85
        

</TABLE>
###### Editorial Note on Part 120

#### Editorial Note:

Nomenclature changes to part 120 appear at 72 FR 50039, Aug. 30, 2007.

#### § 120.426 What action will SBA take if a securitizer transfers the subordinated tranche prior to the termination of the holding period?

If a securitizer transfers the subordinated tranche prior to the termination of the holding period, SBA will suspend immediately the securitizer's ability to make new 7(a) loans. The securitizer will have 30 calendar days to submit an explanation to Lender Oversight Committee (“Committee”). The Committee will have 30 calendar days to review the explanation and determine whether to lift the suspension. If an explanation is not received within 30 calendar days or the explanation is not satisfactory to the Committee, SBA may transfer the servicing of the applicable securitized loans, including the securitizers' servicing fee on the guaranteed and unguaranteed portions and the premium protection fee on the guaranteed portion, to another SBA participating Lender.

[64 FR 6507, Feb. 10, 1999, as amended at 73 FR 75511, Dec. 11, 2008]
Exhibit 32.2

Certification by 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 of Cree, Inc. (the Company) on Form 10-Q for the quarterly period ended December 27, 2009 as filed with the Securities and Exchange Commission on the date hereof (the Report), I, John T.
Kurtzweil, 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, to my knowledge, that:



|(1) | The Report fully complies with the requirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934, as amended; 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/ John T. KurtzweilJohn T. KurtzweilExecutive Vice President, Chief Financial Officer and TreasurerJanuary 20, 2010


This Certification is being furnished solely to accompany the Report pursuant to 18 U.S.C.
Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, and shall not be deemed filed by the Company for purposes of Section 18 of the Securities Exchange Act of 1934, as amended, and shall not
be incorporated by reference into any filing of the Company 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 Section 906 of the
Sarbanes-Oxley Act of 2002 has been provided to the Company and will be retained by the Company and furnished to the Securities and Exchange Commission or its staff upon request.
#### The People of the State of New York, Respondent, v. Jesse Jenkins, Appellant.

Present — Peek, P. J., Dore, Cohn, Van Voorhis and Shientag, JJ.
statutory limits is not "'cruel and unusual punishment unless the statute 

fixing punishment is unconstitutional or the sentence is so unreasonably 

disproportionate to the offense as to shock the conscience." Blume v. 

State, 112 Nev. 472, 475, 915 P.2d 282, 284 (1996) (quoting CuIverson v. 

State, 95 Nev. 433, 435, 596 P.2d 220, 221-22 (1979)); see also Harmelin v. 

Michigan, 501 U.S. 957, 1000-01 (1991) (plurality opinion) (explaining 

that Eighth Amendment does not require strict proportionality between 

crime and sentence; it forbids only an extreme sentence that is grossly 

disproportionate to the crime). 

The district court sentenced appellant to a prison term of 60- 

240 months, explaining that sentencing under the small habitual criminal 

statute was "fit and proper" based on O'Flaherty's prior criminal record, 

the timing of the instant offense in relation to her release from prison on a 

prior conviction, and the fact that this was a theft-related offense where 

she victimized society. Contrary to O'Flaherty's assertion, the record 

demonstrates that the district court did not rely on suspect information 

regarding her prior criminal history when imposing sentence. The 

sentence imposed is within the parameters provided by the relevant 

statute, see NRS 207.010(1)(a), and O'Flaherty does not allege that the 

statute is unconstitutional. We are not convinced that the sentence 

imposed is so grossly disproportionate to the crime and O'Flaherty's 

history of recidivism as to constitute cruel and unusual punishment. See 

Ewing v. California, 538 U.S. 11, 29 (2003) (plurality opinion). And we 
conclude that the district court did not abuse its discretion at sentencing. 

Accordingly, we 

ORDER the judgment of conviction AFFIRMED. 

Hardesty 

cc: Hon. Scott N. Freeman, District Judge 

Washoe County Alternate Public Defender 

Attorney General/Carson City 

Washoe County District Attorney 

Washoe District Court Clerk 

SUPREME COURT 

OF 

NEVADA 

(0) I947A 

3
No. 14,738.

#### McFadden *v.*People ex rel. Lewis.

(108 P. [2d] 228)

Decided September 16, 1940.

Rehearing denied December 9, 1940.

Mr. Philip Hornbein, for plaintiff in error.

Mr. William R. Eaton, Mr. William O. Perry, for defendant in error.

*567
      *En Banc.*

Mr. Justice Young

delivered the opinion of the court.

The issues of law involved in this case in no wise differ from those determined by us in the case of *People ex rel. v. Downen,*106 Colo. 557, 108 P. (2d) 224, decided this day. On authority of our decision in that case the judgment of the district court in the present action is affirmed.

Mr. Chief Justice Hilliard not participating.

Mr. Justice Bakke dissents.
<TABLE> <S> <C>


<ARTICLE>         5
<LEGEND>
                  This schedule contains summary financial information extracted
                  from VisionGlobal  Corporation and Subsidiaries  September 30,
                  1999 financial  statements and is qualified in its entirety by
                  reference to such financial statements.
</LEGEND>

<CIK>                                    0000894535
<NAME>                                   VisionGlobal Corpoation
<CURRENCY>                               U.S.

<S>                                      <C>
<PERIOD-TYPE>                            9-MOS
<FISCAL-YEAR-END>                        DEC-31-1999
<PERIOD-END>                             SEP-30-1999

<EXCHANGE-RATE>                          1.00

<CASH>                                                    269
<SECURITIES>                                              0
<RECEIVABLES>                                             0
<ALLOWANCES>                                              0
<INVENTORY>                                               0
<CURRENT-ASSETS>                                          269
<PP&E>                                                    0
<DEPRECIATION>                                            0
<TOTAL-ASSETS>                                            269
<CURRENT-LIABILITIES>                                     287,958
<BONDS>                                                   0
<PREFERRED-MANDATORY>                                     0
<PREFERRED>                                               0
<COMMON>                                                  17,302
<OTHER-SE>                                                (304,991)
<TOTAL-LIABILITY-AND-EQUITY>                              269
<SALES>                                                   0
<TOTAL-REVENUES>                                          0
<CGS>                                                     0
<TOTAL-COSTS>                                             0
<OTHER-EXPENSES>                                          766,910
<LOSS-PROVISION>                                          0
<INTEREST-EXPENSE>                                        0
<INCOME-PRETAX>                                           (766,910)
<INCOME-TAX>                                              0
<INCOME-CONTINUING>                                       (766,910)
<DISCONTINUED>                                            0
<EXTRAORDINARY>                                           0
<CHANGES>                                                 0
<NET-INCOME>                                              (766,910)
<EPS-BASIC>                                               (.05)
<EPS-DILUTED>                                             (.05)



</TABLE>
§ 431.4 Power generation responsibilities. ( a ) Power generation, and the associated operation, maintenance, and making of replacements, however necessitated, of facilities and equipment at the Hoover Powerplant, are the responsibilities of Reclamation.
( b ) Subject to the statutory requirement that Hoover Dam and Lake Mead shall be used: First, for river regulation, improvement of navigation and flood control; second, for irrigation and domestic uses and satisfaction of present perfected rights mentioned in section 6 of the Project Act; and third, for power, Reclamation shall release water, make available generating capacity, and generate energy, in such quantities, and at such times, as are necessary for the delivery of the capacity and energy to which Contractors are entitled.
( c ) Reclamation reserves the right to reschedule, temporarily discontinue, reduce, or increase the delivery of water for the generation of electrical energy at any time for the purpose of maintenance, repairs, and/or replacements, and for investigations and inspections necessary thereto, or to allow for changing reservoir and river conditions, or for changes in kilowatthours generation per acre-foot, or by reason of compliance with the statutory requirement as referred to in paragraph (b) of this section; *Provided, however,* That Reclamation shall, except in case of emergency, give Western reasonable notice in advance of any change in delivery of water, and that Reclamation shall make such inspections and perform such maintenance and repair work at such times and in such manner as to cause the least inconvenience possible to Contractors and that Reclamation shall prosecute such work with diligence and, without unnecessary delay, resume delivery of water as scheduled.
( d ) Should a Contractor have concerns regarding power generation and related matters and request a meeting in writing, including a description of areas of concern, Reclamation shall convene such meeting within 10 days of receipt of such request and shall notify all Contractors and Western of the date and location of the meeting, and the areas of concern to be discussed.
[51 FR 23962, July 1, 1986; 51 FR 24531, July 7, 1986]
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<PAGE>

                                  EXHIBIT 31.1

I, Stephan Kuppenheimer, certify that:

         1. I have reviewed this annual report on Form 10-K, and all reports on
Form 8-K containing distribution or servicing reports filed in respect of
periods included in the year covered by this annual report, of Merrill Lynch
Depositor, Inc., on behalf of PreferredPLUS Trust Series FRD-1;

         2. Based on my knowledge, the information in these reports, taken as a
whole, does not contain any untrue statement of a material fact or omit to state
a material fact necessary to make the statements made, in light of the
circumstances under which such statements were made, not misleading as of the
last day of the period covered by this annual report;

         3. Based on my knowledge, the distribution or servicing information
required to be provided to the depositor by the trustee under the pooling and
servicing, or similar, agreement, for inclusion in these reports is included in
these reports;

         4. I am responsible for reviewing the activities performed by the
depositor and the trustee under the pooling and servicing, or similar, agreement
and based upon my knowledge and the annual compliance review required under that
agreement, and except as disclosed in the reports, the depositor and trustee
have each fulfilled its obligations under that agreement; and

         5. The reports disclose all significant deficiencies relating to the
compliance by the depositor or trustee with the minimum servicing or similar
standards based upon the report provided by an independent public accountant,
after conducting a review in compliance with the Uniform Single Attestation
Program for Mortgage Bankers or similar procedure, as set forth in the pooling
or servicing, or similar, agreement, that is included in these reports.

In giving the certifications above, I have reasonably relied on information
provided to me by the following unaffiliated parties: The Bank of New York and
its officers and agents.


Date:  March 29, 2005                             /s/ Stephan Kuppenheimer
                                                --------------------------------
                                                  President
Exhibit 4.1
DESCRIPTION OF COMPANY MEMBERSHIP INTEREST (“UNITS”)
Fast Act Exhibit 4(vi) “Description of registrant’s securities”
Summary
The following description summarizes certain important terms of ATEL Capital Equipment Fund X, LLC’s (the “Company”) membership interests (the “Units”). This description summarizes the provisions that are included in the Company’s Amended and Restated Limited Liability Company Operating Agreement (the “Operating Agreement”). This summary will not provide all the information relevant to the Units. For a complete description of the Units, please refer to the applicable provisions of Company’s Operating Agreement and relevant California governing law.
Outstanding Units
13,971,486 Units have been subscribed by the members of the Company as of December 31, 2020.
General
Liquidity. The Units were offered and sold pursuant to registration under the Securities Act of 1933, and subsequently registered under the Securities Exchange Act of 1934.  However, the Units are subject to significant restriction on transferability in order to preserve the tax characterization of the Company and tax consequences for Unit holders.  Accordingly, the Units are not traded on any securities exchange and have limited liquidity.  Please review the rights of Unit holders for transfer of shares under the Operating Agreement.
Voting Rights. The holders of Units are entitled to one vote per share on any matter to be voted upon by holders of Units in the Company’s Operating Agreement. Certain rights may only be exercised upon receiving at least a majority of the votes entitled to be cast by Unit holders
Distributions. The holders of Units are entitled to distributions on a pro rata basis, if, as, and when distributed by the Manager.
Other Rights. No holder of Units has any priority or preemptive right as to the Units.
Dissolution and Winding Up. Upon any voluntary or involuntary liquidation, dissolution, or winding up of the Company, the Unit holders are entitled to share ratably in all assets remaining after payment of creditors.
Transfer Agent and Registrar. The transfer agent and registrar of the Units is Conduent Inc.
#### Esther HOFFENBERG and Morris Weintraub, Executors, Petitioners, v. COMMISSIONER OF INTERNAL REVENUE, Respondent.

No. 307, Docket 23456.

United States Court of Appeals Second Circuit.

Argued May 12, 1955.

Decided June 23, 1955.

Maurice A. Schnur, New York City, for petitioners.

Melva M. Graney, H. Brian Holland, Asst. Atty. Gen., Ellis N. Slack, Sp. Assts. to Atty. Gen., Washington, D. C., for respondent.

Before L. HAND, SWAN and FRANK, Circuit Judges.

PER CURIAM.

Affirmed upon the opinion of the Tax Court. 22 T.C. 1185.
### §7810. Revolving fund for redemption of real property

#### (a) Establishment of fund

There is established a revolving fund, under the control of the Secretary, which shall be available without fiscal year limitation for all expenses necessary for the redemption (by the Secretary) of real property as provided in section 7425(d) and section 2410 of title 28 of the United States Code. There are authorized to be appropriated from time to time such sums (not to exceed $10,000,000 in the aggregate) as may be necessary to carry out the purposes of this section.

#### (b) Reimbursement of fund

The fund shall be reimbursed from the proceeds of a subsequent sale of real property redeemed by the United States in an amount equal to the amount expended out of such fund for such redemption.

#### (c) System of accounts

The Secretary shall maintain an adequate system of accounts for such fund and prepare annual reports on the basis of such accounts.

(Added Pub. L. 89–719, title I, §112(a), Nov. 2, 1966, 80 Stat. 1145; amended Pub. L. 94–455, title XIX, §1906(b)(13)(A), Oct. 4, 1976, 90 Stat. 1834; Pub. L. 98–369, div. A, title IV, §443, July 18, 1984, 98 Stat. 816.)

#### **Editorial Notes**

#### Amendments

1984—Subsec. (a). Pub. L. 98–369 substituted "$10,000,000" for "$1,000,000".

1976—Pub. L. 94–455 struck out "or his delegate" after "Secretary" wherever appearing.

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

#### Effective Date

Section applicable after Nov. 2, 1966, regardless of when title or lien of United States arose or when lien or interest of another person was acquired, with certain exceptions, see section 114(a)–(c) of Pub. L. 89–719, set out as an Effective Date of 1966 Amendment note under section 6323 of this title.
UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF FLORIDA

CASE NO. 20-61113-CIV-DIMITROULEAS

CODY BARNETT, et al,

Plaintiffs,

vs.

GREGORY TONY,

Defendant.

___________________________________/

ORDER ON REQUEST TO PRESENT ORAL ARGUMENT ON OBJECTION AT 

CLASS SETTLEMENT FAIRNESS HEARING

THIS CAUSE is before the Court on the Class Member Darrell L. Grace’s Objection to 

the Class Settlement (the “Objection”) and request to present oral argument on his objection at 

the May 10, 2021 fairness hearing in this matter [DE 86] (the “Request”) The Court has carefully 

considered the Motions and is otherwise fully advised in the premises. 

In his Objection and Request Class Member Grace did not articulate a reason why he 

would need to present his objection orally in open court in addition to its written form. The Court 

will deny Class Member Grace’s request to appear at the May 10, 2021 fairness hearing but will 

consider his written objection and other timely objections the Court has received at the May 10, 

2021 fairness hearing. 

It is hereby ORDERED and ADJUDGED that the Request to appear, contained within 

the Objection [DE 86], is DENIED. 

The Clerk is DIRECTED to mail a copy of this Order to the class member at the address 

below. 

Case 0:20-cv-61113-WPD Document 94 Entered on FLSD Docket 04/28/2021 Page 1 of 2
DONE AND ORDERED in Chambers at Fort Lauderdale, Broward County, Florida, 

this 27th day of April, 2021.

Copies furnished to:

All Counsel of Record

Darrell L. Grace, #131701106

Broward County Main Jail

P.O. Box 9356

Fort Lauderdale, Florida 33310

Case 0:20-cv-61113-WPD Document 94 Entered on FLSD Docket 04/28/2021 Page 2 of 2
**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 of Premium Standard Farms,Inc. (the “Company”) onForm 10-K for thefiscal year 2006 ending March 25, 2006, as filed with theSecurities and Exchange Commission on the date hereof (the“Report”), I, John M. Meyer, Chief ExecutiveOfficer of the Company, certify, pursuant to 18 U.S.C.Section 1350, as adopted pursuant to Section 906 ofthe Sarbanes-Oxley Act of 2002, that, to the best of myknowledge and belief:          (1) the Report fully complies with the requirements of    Section 13(a) or 15(b) of the Securities Exchange Act of    1934; and           (2) the information contained in the Report fairly    presents, in all material respects, the financial condition and    result of operations of the Company.     /s/ John M. Meyer       John M. Meyer     Chief Executive OfficerMay 31, 2006     A signed original of this written statement required bySection 906 has been provided to the Company and will beretained by the Company and furnished to the Securities andExchange Commission or its staff upon request.