alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
**Exhibit 31.1**

 

**CERTIFICATION**

 

I, Michael A. Schneider, President and Chief Executive Officer ofAffinity Group Holding, Inc., certify that:

 

1.   I have reviewed thisquarterly report on Form 10-Q of Affinity Group Holding, Inc.;

 

2.   Based on my knowledge, thisreport does not contain any untrue statement of a material fact or omit tostate a material fact necessary to make the statements made, in light of thecircumstances under which such statements were made, not misleading withrespect to the period covered by this report;

 

3.   Based on my knowledge, thefinancial statements, and other financial information included in thisquarterly report, fairly present in all material respects the financialcondition, results of operations and cash flows of the registrant as of, andfor, the periods presented in this report;

 

4.   The registrant’s othercertifying officer(s) and I are responsible for establishing andmaintaining disclosure controls and procedures, (as defined in Exchange Act Rules 13a-15(e) and15d-15(e)) for the registrant, 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 quarterly report ourconclusions about the effectiveness of the disclosure controls and procedures,as of the end 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 theregistrant’s most recent fiscal quarter (the registrant’s fourth quarter in thecase of an annual report) that has materially affected, or is reasonably likelyto materially affect, the registrant’s internal control over financialreporting; and

 

5.   The registrant’s other certifying officer(s) andI have disclosed, based on our most recent evaluation of internal control overfinancial reporting, to the registrant’s auditors and the audit committee of registrant’sboard of directors (or persons performing the equivalent function):

 

(a)     All significant deficiencies and material weaknessesin the design or operation of internal control over financial reporting whichare reasonably 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 controls over financial reporting.

 

 
| Date: June 5, 2009 | /s/ Michael A. Schneider              |
|-------------------------|---------------------------------------|
|                    | Michael A. Schneider                  |
|                    | President and Chief Executive Officer |

 

----
NOT FOR PUBLICATION

UNITED STATES COURT OF APPEALS

 FOR THE NINTH CIRCUIT

JON W. FELT,

 Plaintiff - Appellant,

 v.

CAROLYN W. COLVIN, Commissioner

of Social Security,

 Defendant - Appellee.

No. 13-35865

D.C. No. 2:12-cv-00170-JPH

MEMORANDUM*

Appeal from the United States District Court

for the Eastern District of Washington

James P. Hutton, Magistrate Judge, Presiding

Submitted May 5, 2015** 

Before: THOMAS, Chief Judge, D.W. NELSON, and LEAVY, Circuit Judges.

Jon W. Felt appeals the district court’s order affirming the Commissioner of

Social Security’s denial of his application for supplemental security income

benefits under Title XVI of the Social Security Act. At step five of the sequential

FILED

MAY 07 2015

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

 * This disposition is not appropriate for publication and is not precedent

except as provided by 9th Cir. R. 36-3.

 ** The panel unanimously concludes this case is suitable for decision

without oral argument, see Fed. R. App. P. 34(a)(2), and Felt’s motion to submit

this case on the briefs is granted.
evaluation process, the administrative law judge (ALJ) determined that Felt could

perform jobs that exist in significant numbers in the national economy. We have

jurisdiction under 28 U.S.C. § 1291. We review de novo, Molina v. Astrue, 674

F.3d 1104, 1110 (9th Cir. 2012), and we affirm.

The ALJ did not err in giving no weight to the contradicted opinion of

treating psychologist Dr. W. Scott Mabee that Felt’s psychological limitations

prevented him from working. The ALJ provided specific and legitimate reasons,

supported by substantial evidence, for giving Dr. Mabee’s opinion no weight by

stating that Dr. Mabee’s opinion relied upon Felt’s contradicted, subjective reports

regarding the severity of his disability and did not address the numerous

inconsistencies in the medical evidence. See Valentine v. Comm’r of the Soc. Sec

Admin., 574 F.3d 685, 692 (9th Cir. 2009).

The ALJ accommodated all of Felt’s limitations in the residual functional

capacity (RFC) assessment and in her hypothetical questions to the vocational

expert. The ALJ’s determination that Felt had the RFC to perform work that only

included simple and repetitive one-to-three step tasks, did not involve detailed

work, and only required occasional contact with the public, was consistent with the

restrictions identified by the examining psychologists. See Stubbs-Danielson v.

Astrue, 539 F.3d 1169, 1174 (9th Cir. 2008). Moreover, the ALJ’s RFC

2 13-35865
determination and associated hypothetical questions posed to the vocational expert

pertaining to Felt’s restrictions “contained all of the limitations that the ALJ found

credible and supported by substantial evidence in the record.” See Bayliss v.

Barnhart, 427 F.3d 1211, 1216 (9th Cir. 2005); Roberts v. Shalala, 66 F.3d 179,

184 (9th Cir. 1995) (stating that the ALJ is not bound to accept as true restrictions

in hypothetical questions propounded by claimant's counsel that are not supported

by substantial evidence).

AFFIRMED.

3 13-35865
exh10_35.htm


 












EXHIBIT 10.35







March  24th  , 2013







HPEV, Inc.


27420 Breakers Drive


Wesley Chapel, FL 33544







Re: Option Exercise Price







Gentlemen;







On February 20, 2013 the board of directors resolved to decrease the exercise price of my five options to purchase one million shares previously awarded and to provide for cashless exercise of these options. The milestone stock prices were reduced to $2.00, $3.00, $4.00, $4.50 and $5.00 for 20 consecutive trading days from $2.00, $3.00, $5.00, $7.50 and $10.00. Once the stock has traded at these prices for 20 consecutive trading days, the undersigned has the right to exercise an option to purchase 1,000,000 shares of common stock at each milestone stock price.







After due consideration, I have decided that the terms of the initial option grant shall remain in full force and effect. Accordingly, (i) the reduced exercise prices of $4.00, $4.50 and $5.00 and (ii) the cashless exercise shall have no force and effect. If and when I decide to exercise my options, such exercise shall only be made at the original exercise prices and must be paid in cash.












/s/ Theodore Banzhaf


Theodore Banzhaf







AGREED AND ACKNOWLEDGED


this  24th day of March, 2013:







HPEV, INC.












By: /s/ Timothy J. Hassett


Name: Timothy J. Hassett


Title: CEO
#### § 15a.440 Health and insurance benefits and services.

Subject to § 15a.235(d), in providing a medical, hospital, accident, or life insurance benefit, service, policy, or plan to any of its students, a recipient shall not discriminate on the basis of sex, or provide such benefit, service, policy, or plan in a manner that would violate §§ 15a.500 through 15a.550 if it were provided to employees of the recipient. This section shall not prohibit a recipient from providing any benefit or service that may be used by a different proportion of students of one sex than of the other, including family planning services. However, any recipient that provides full coverage health service shall provide gynecological care.
**Exhibit31.1**

**CERTIFICATIONS**

I, Dennis J. Simonis, certify that:

1. I have reviewed this amendment to the annualreport on Form 10-K/A of M. L. Macadamia Orchards, L.P.;

2. Based on my knowledge, this report does notcontain 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 financial statements,and other financial information included in this report, fairly present in allmaterial respects the financial condition, results of operations and cash flowsof the registrant as of, and for, the periods presented in this report;

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

a) Designed such disclosure controls andprocedures, or caused such disclosure controls and procedures to be designedunder our supervision, to ensure that material information relating to theregistrant, including its consolidated subsidiaries, is made known to us byothers within those entities, particularly during the period in which thisreport is being prepared;

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 theregistrant’s most recent fiscal quarter (the registrant’s fourth fiscal in thecase of an annual report) that has materially affected, or is likely tomaterially affect, the registrant’s internal control over financial reporting;and

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

a) All significant deficiencies and materialweaknesses in the design or operation of internal control over financialreporting which are reasonably likely to adversely affect the registrant’sability to record, process, summarize and report financial information; and

b) Any fraud, whether or not material, thatinvolves management or other employees who have a significant role in theregistrant’s internal controls over financial reporting.

Date:   August 10, 2007
| /s/ Dennis J. Simonis                  |   |   |   |
|----------------------------------------|--------|--------|--------|
|                                   |
| Dennis J.  Simonis                     |
| President and  Chief Executive Officer |

 

----
**Exhibit 32.2**

 

**CERTIFICATION OF THECHIEF FINANCIAL OFFICER OFGLOBAL PARTNERS LPPURSUANT TO 18 U.S.C. SECTION 1350**

** **

In connection with the accompanying report on Form 10-Qfor the period ended March 31, 2008 of Global Partners LP (the “Partnership”)and filed with the Securities and Exchange Commission on the date hereof (the “Report”),I, Thomas J. Hollister, Chief Operating Officer and Chief Financial Officer ofGlobal GP LLC, the general partner of the Partnership, hereby certify, pursuantto Section 906 of the Sarbanes-Oxley Act of 2002, that:

 

1.     The Reportfully complies with the requirements of Section 13(a) or 15(d) ofthe Securities Exchange Act of 1934; and

 

2.     The informationcontained in the Report fairly presents, in all material respects, the financialcondition and results of operations of the Partnership.

 

 
| Dated:  May 9, 2008 | By:    | /s/  Thomas J. Hollister                             |
|--------------------------|--------|------------------------------------------------------|
|                     |   | Thomas J. Hollister                                  |
|                     |   | Chief Operating Officer  and Chief Financial Officer |
|                     |   | of Global GP LLC, general  partner                   |
|                     |   | of Global Partners LP                                |

 

----
#### § 1767.25 Retained earnings.

The retained earnings accounts identified in this section shall be used by all RUS borrowers.

# Retained Earnings

433-439 [Reserved]

# Retained Earnings

### 433-439 [Reserved]
THE THIRTEENTH COURT OF APPEALS

13-23-00169-CR

Adrian Lee Hernandez

v.

The State of Texas

On Appeal from the

214th District Court of Nueces County, Texas

Trial Court Cause No. 21FC-1934F

JUDGMENT

THE THIRTEENTH COURT OF APPEALS, having considered this cause on 

appeal, concludes that the judgment of the trial court should be affirmed as modified by 

this Court. The Court orders the judgment of the trial court AFFIRMED AS MODIFIED.

We further order this decision certified below for observance.

June 13, 2024
Appeal No. 79-73.

#### Richard J. Flynn *et al. v.*Paul A. Burkhardt *et al.*

*Milton Bernstein,*for plaintiffs. *Charleson ir Brill, Marvin A. Brill,*for defendants.

This case comes before us on a motion to affirm a judgment entered by the Superior Court pursuant to a mandate issued by this court in *Flynn*v. *Burkhardt,*118 R.I. 69, 378 A.2d 1057 (1977). Counsel argued the motion on Friday, October 5, 1979.

We are of the opinion that the Justice of the Superior Court followed the mandate of this court and that his decision on damages was supported by the evidence presented.

For these reasons, the judgment of the Superior Court is hereby affirmed.
C OURT OF A PPEALS FOR THE

F IRST D ISTRICT OF T EXAS AT H OUSTON

O RDER ON M OTION FOR E N B ANC R ECONSIDERATION

Appellate case name: Keith Ladale Wilson v. State of Texas

Appellate case number: 01

- 1 3

- 0 0 917

- C R

Trial court case number: 22281

Trial court: 411th District Court of Polk County

Date motion filed : September 9, 2015

Party filing motion : Appellant

The en banc court has unanimously voted to deny appellant’s motion for en banc

reconsideration. It is ordered that the motion is denied

.

Judge’s signature: /s/ Terry Jennings

Acting for the Court the En Banc Court*

Date: November 3 , 2015

* En banc court consists of Chief Justice Radack and Justices Jennings, Keyes, Higley, Bland,

Massengale, Brown, Huddle , and Lloyd

.
pharmagen_ex1020.htm


EXHIBIT 10.20


 


CONSENT AND AGREEMENT


TO SENIOR SECURED REVOLVING CREDIT FACILITY AGREEMENT


 


Reference is made to that certain Senior Secured Revolving Credit Facility Agreement, dated as of September 30, 2012, as amended by Amendment No. 1 thereto, dated November 30, 2012 (as amended and as may hereafter be amended or restated from time to time, the “Credit Agreement”), made by and among (i) Pharmagen Inc., a corporation incorporated under the laws of the State of Nevada and formerly known as Sunpeaks Ventures, Inc., as borrower (the “Borrower”), (ii) Pharmagen Distribution, LLC, a limited liability company organized and existing under the laws of the State of Delaware and formerly known as Healthcare Distribution Specialists LLC, as guarantor (the “Guarantor” and together with Borrower, the “Credit Parties”), and (iii) TCA Global Credit Master Fund, LP, a limited partnership organized and existing under the laws of the Cayman Islands, as lender (the “Lender”). Unless otherwise defined herein, the capitalized terms used herein shall have the meanings assigned to such terms in the Credit Agreement.


 


Pursuant to the Credit Agreement, any Subsidiary which is formed or acquired or otherwise becomes a Subsidiary of the Borrower following the date of the Credit Agreement shall become an additional Credit Party thereto, including, but not limited to, causing such party to execute counterparts to the Credit Agreement.


 


Following the date of the Credit Agreement, the undersigned has become a subsidiary and beneficiary of the Borrower and hereby expressly acknowledges and agrees that it is receiving a direct benefit from Borrower’s receipt of certain sums pursuant to the Credit Agreement and the continuing good standing relationship with Lender. In consideration therefore and other good and valuable consideration, the receipt and adequacy of which are hereby acknowledged, by its execution hereof, the undersigned hereby consents and agrees to become a party to the Credit Agreement in the capacity of a Guarantor and Credit Party. The undersigned consents and agrees to the payment of the amounts contemplated in the Credit Agreement, documents contemplated thereby and to the provisions contained therein relating to conditions to be fulfilled and obligations to be performed by it pursuant to or in connection with the Credit Agreement. The undersigned hereby agrees and acknowledges that this executed Consent and Agreement shall be attached to the Credit Agreement and shall become a part thereof.


 




	PHARMAGEN NUTRICEUTICALS, INC.
	 	 	 
	
By:  

	/s/ Mackie Barch	 	Date:  March 29, 2013
	Name:  	Mackie Barch	 	 
	Title:  	Chief Executive Officer
#### § 1222.4 Converted products.

*Converted products* means products made from paper and paper-based packaging.
#### § 1735.15 Civil rights.

Borrowers are required to comply with certain regulations on nondiscrimination and equal employment opportunity. See RUS Bulletin 320-19 and RUS Bulletin 320-15, respectively.
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# Redesigned National Adoption Month Website

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Fourth Court of Appeals

San Antonio, Texas

JUDGMENT

No. 04-13-00862-CR

Martin SANDOVAL,

Appellant

v.

The STATE of Texas,

Appellee

From the County Court at Law No. 12, Bexar County, Texas

Trial Court No. 340498

Honorable Scott Roberts, Judge Presiding

BEFORE JUSTICE ANGELINI, JUSTICE ALVAREZ, AND JUSTICE CHAPA

In accordance with this court’s memorandum opinion of this date, the judgment is 

MODIFIED to assess $612.00, rather than $1,112.00, in court costs. The judgment is AFFIRMED 

AS MODIFIED.

SIGNED April 23, 2014.

_____________________________

Karen Angelini, Justice
*Pursuant to 5TH CIR. R. 47.5, the Court has determined that

this opinion should not be published and is not precedent except

under the limited circumstances set forth in 5TH CIR. R. 47.5.4.

UNITED STATES COURT OF APPEALS

For the Fifth Circuit

No. 97-20705

GWENDA K. WASHINGTON,

Plaintiff-Appellant,

VERSUS

MILESTONE INVESTMENTS INCORPORATED,

Defendant-Appellee.

Appeal from the United States District Court

For the Southern District of Texas

(H-95-CV-5202)

April 13, 1998

Before REAVLEY, DeMOSS, and PARKER, Circuit Judges.

PER CURIAM:*

AFFIRMED. See Rule 47.6.
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            -  Announcements 
            -           Resource: Raising the Bar: Creating and Sustaining Quality Education Services in Juvenile Detention      

# Resource: Raising the Bar: Creating and Sustaining Quality Education Services in Juvenile Detention

This issue brief, developed by the National Evaluation and Technical Assistance Center for the Education of Children and Youth Who Are Neglected, Delinquent, or At Risk, addresses features of juvenile detention facilities as well as the characteristics of youth who find themselves in detention centers. It also offers overarching principles of educational programming for youth in detention and provides a description of flexible and high quality educational services in short-term juvenile justice facilities. Educators and administrators in juvenile justice settings can use this brief when developing and delivering educational services for the youth they serve. **Learn more.**