alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
**Exhibit 3.5**

**CERTIFICATE OF AMENDMENT TO THE**

**CERTIFICATE OF DESIGNATION OF**

**7.125% SERIES A CUMULATIVE TERM PREFERRED STOCK**

**OF**

**GLADSTONE INVESTMENTCORPORATION**

Pursuant to the provisions of Section 242 of the General Corporation Law of the State of Delaware (the“***DGCL***”), the undersigned corporation hereby adopts the following Certificate of Amendment to its Certificate of Designations of 7.125% Series A Cumulative Term Preferred Stock (“***Series A Term PreferredStock***”): 

FIRST: The terms and provisions of this Certificate of Amendment have been duly adopted in accordance with Section242 of the DGCL. 

SECOND: Section 2.1(a) shall be deleted and replaced in its entirety with the following: 

“A series of 1,600,000 shares of Preferred Stock is hereby designated as the Series A Term Preferred Stock. Each share ofSeries A Term Preferred Stock shall have such preferences, voting powers, restrictions, limitations as to dividends and distributions, qualifications and terms and conditions of redemption, in addition to those required by applicable law and thosethat are expressly set forth in the Certificate of Incorporation, as are set forth in this Certificate of Designation. The Series A Term Preferred Stock shall constitute a separate series of Capital Stock and each share of Series A Term PreferredStock shall be identical. No fractional shares of Series A Term Preferred Stock shall be issued.” 

THIRD: Section 1.1 definitionof “Mandatory Redemption Price” shall be deleted and replaced in its entirety with the following: 

“***Mandatory Redemption Price***” shall have the meaning as set forthin Section 2.5(b)(i).” 

FOURTH: Section 2.6(c)(i) is hereby amended to delete the cross-reference to“Section 2.8” therein and such reference is hereby replaced with the cross-reference to “Section 2.7.” 

The amendmentwas duly adopted by the board of directors of the corporation on October 7, 2014 in accordance with Section 242 of the DGCL. 

*[Signature Page Follows]*

 
1 

**IN WITNESS WHEREOF**, this Certificate of Amendment has been executed by a duly authorizedofficer of the corporation as of this 3rd day of August, 2015. 

 
**GLADSTONE INVESTMENT CORPORATION**By: /s/ David GladstoneName: David GladstoneTitle Chief Executive Officer
**[*Signature Page to Certificate of Amendment of Series A Term Preferred Certificate ofDesignation*]**
Exhibit 32.1

CERTIFICATIONPURSUANT TO18 U.S.C. SECTION 1350,AS ADOPTED PURSUANT TO SECTION 906OF THE SARBANES-OXLEY ACT OF 2002

Inconnection with the quarterly report of Data Call Technologies, Inc. (the“Company”) on Form 10-Q for the period ended March 31, 2009 (the“Report”), as filed with the Securities and Exchange Commission on the datehereof, I, Timothy E. Vance, CEO of the Company, certify, pursuant to 18 U.S.C. Section1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that:

1. TheReport fully complies with the requirements of section 13(a) or 15(d) of the SecuritiesExchange Act of 1934, as amended; and

2. Theinformation contained in the Report fairly presents, in all material respects, thefinancial condition and results of operations of the Company.

/s/ Timothy E. Vance

Timothy E. VanceCEODated: May 13, 2009

A signed original of this writtenstatement required by Section 906 has been provided to Data Call Technologies, Inc. andwill be retained by the Company and furnished to the Securities and Exchange Commission orits staff upon request.
EXHIBIT 31.1





Certification of CEO and CFO Pursuant to


Securities Exchange Act Rules 13a-14 and 15d-14


as Adopted Pursuant to Section 302 of the


Sarbanes-Oxley Act of 2002








I, Buddy Young, certify that:





1.   I have reviewed this quarterly report on Form 10-Q of Futura Pictures, Inc.;





2.   Based on my knowledge, this quarterly report 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 with respect to the period covered by this quarterly report;





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





4.   I am responsible for establishing and maintaining disclosure controls and procedures (as defined in Exchange Act Rules 13a-15(e) and 15d-15(e)) for the registrant and have:





a)   designed such disclosure controls and procedures, or caused such disclosure controls and procedures to be designed under my supervision, to ensure that material information relating to the registrant, including its consolidated subsidiaries, is made known to me by others within those entities,  particularly during the period in which this quarterly report is being prepared;





b)   evaluated the effectiveness of the registrant's disclosure controls and procedures and presented in this report our conclusions 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 the registrant's internal control over financial reporting that occurred during the registrant's most recent fiscal quarter that has materially affected, or is reasonably likely to materially affect, the registrant's internal control over financial reporting; and





5.   I have disclosed, based on my most recent evaluation of internal control over financial reporting, to the registrant's auditors and the audit committee of registrant's board of directors (or persons performing the equivalent functions):





a)   all significant deficiencies and material weaknesses in the design or operation of internal  controls over financial reporting which are 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 involves management or other employees who have a significant role in the registrant's internal controls over financial reporting.






Dated: July 5, 2011
By:
/s/ Buddy YoungBuddy YoungChief Executive Officer and Chief Financial Officer
**Exhibit 32** **Section 1350    Certifications**     The undersigned hereby certifies that the quarterly report on    Form 10-Q    of PAHC Holdings Corporation (the “Registrant”) for    the quarter ended December 31, 2005, as filed with the    Securities and Exchange Commission on the date hereof (the    “Report”), fully complies with the requirements of    Section 13(a) or 15(d) of the Securities Exchange Act of    1934, as amended, and that the information contained in the    Report fairly presents, in all material respects, the financial    condition and results of operations of the Registrant.     /s/  Gerald K. Carlson    Gerald K. Carlson    Chief Executive Officer    (Principal Executive Officer)     Date: February 14, 2006     /s/  Richard G. Johnson    Richard G. Johnson    Chief Financial Officer    (Principal Financial Officer)     Date: February 14, 2006
CERTIFICATION PURSUANT TO 17 CFR 240.13(a)-14(a)
(SECTION 302 CERTIFICATION)
  1.
    
    I have reviewed this quarterly report on Form 10-Q of Siouxland Ethanol, LLC;2.
    
    Based on my knowledge, this report 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 with respect to the period
covered by this report;3.
    
    Based on my knowledge, the financial statements, and other financial information included in
this report, fairly present in all material respects the financial condition, results of
operations and cash flows of Siouxland Ethanol, LLC, as of, and for, the periods presented in
this report;
  a)
    
    Designed such disclosure controls and procedures or caused such disclosure controls and
procedures to be designed under our supervision, to ensure that material information
relating to Siouxland Ethanol, LLC is made known to us by others within those entities,
particularly during the period in which this report is being prepared;b)
    
    Designed such internal control over financial reporting, or caused internal control
over financial reporting to be designed under our supervision, to provide reasonable
assurance regarding the reliability of financial reporting and the preparation of financial
statements for external purposes in accordance with generally accepted accounting
principals;c)
    
    Evaluated the effectiveness of Siouxland Ethanol, LLCs disclosure controls and
procedures and presented in this report our conclusions about the effectiveness of the
disclosure controls and procedures, as of the end of the period covered by this report
based on such evaluation; andd)
    
    Disclosed in this report any changes in Siouxland Ethanol, LLCs internal control over
financial reporting that occurred during Siouxland Ethanol, LLCs most recent fiscal year
that has materially affected, or is reasonably likely to materially affect, Siouxland
Ethanol, LLCs internal control over financial reporting.
  a)
    
    All significant deficiencies and material weaknesses in the design or operation of
internal control over financial reporting which are reasonably likely to adversely affect
Siouxland Ethanol, LLCs ability to record, process, summarize and report financial
information; andb)
    
    Any fraud, whether or not material, that involves management or other employees who
have a significant role in Siouxland Ethanol, LLCs internal controls over financial
reporting.
 Date:        May 20, 2009
    /s/ Charles HoflandCharles Hofland, President and ChiefExecutive Officer (Principal Executive Officer)
6 2 9 Entler Avenu e , Suit e 15 Chi co, C 4 95928 ( 530) 332- 9400 (53 0) 3 3 2 -9417 Fax

Ms. Carol Sutku s California Air Resources Board November 12 , 2014

Air Quality , Planning, and Science Division P.O. Box 2815 Sacramento , CA 95812
Dear M s. Sutkus: W

. J a mes Wagoner A ir Pollution Control Office r Robert McLaughlin Asst . A ir Pollution Control Office r

This letter is in reference to Rule 1107

- Prevention of Significant Deterioration (PSD) Permits, adopted by the Butte County Air Quality Management Distiict (BCAQMD) on June 28 , 2012 , and transmitted by BCAQMD s taff to the Air Resources Board (ARB) on September 12, 2012. In BCAQMD 's September 12 , 2012 letter, BCAQMD requested that the package be forwarded to the U.S. Environmental Protection Agency (EPA) a s a revi s ion to the Clean Air Act State Implementation Plan (SIP) for BCAQMD. The package w as submitted to the EPA b y ARB on February 6 , 2013. The EPA ha s not yet taken action on this SIP submittal.
The recent U.S. Supreme Court deci s ion in Utility Air Regul a to ry Group v. En vironm ental P r ot

ection A ge ncy (No. 1 2- 1146) ( "U ARG ") ha s implication s for a portion of this SIP submittal , which w e b e lie v e will impact th e EPA 's action on th e submittal. On June 23, 2014 , th e Supreme Court i ssued it s opinion in UA R G that EPA m ay not treat greenhou s e g ase s (GHG s ) as an air pollutant for purpo s e s o f dete rmining whether a s ource is a major s ource required to obtain a PSD permit (referred to as " St e p 2 of the GHG Tailoring Rule " )

. B C AQMD Rule 1107 , S ection 3 incorporate s by reference E PA 's PSD re gulation s at 40 CFR 52 .2 1 a s in effect on June 2 8 , 2012.
The incorporation by reference in BCAQMD Rule 110 7, Section 3 includes 40 C FR 52.21(b)(49)(v) , which include s S tep 2 of the GHG Tailoring Rul e
. In light of the Supr eme Court 's UA R G decision , I reque s t that you noti f y EPA that ARB and BCAQMD would like to withdraw from the February 6 , 2 013 SIP submittal the portion of BCAQMD Rule 1107 that incorporate s by reference 40 CFR 52.21(b)(49)(v). Thi s withdrawal i s designed to en sure that EPA can act on B C AQMD 's SIP submittal consi s tent with the Sup re me Court 's UARG deci sion concerning St ep 2 of th e GHG T ailoring Rule

. If you or your staff have an y questions , plea se do not he s itate to contact Armen Kamian on my staff or m e at (530) 332-9400

. Sincerely ,

# ~~ Air Pollution C ontrol Office

T :I So urc e Progra m s\PS D P e m1i t tin g\G HG SIP Re vi s i o n s\ Butt e C ounty AQ MD GHG Step 2 With drawal L ett er 1 1 10 2 0 14 .do c x
§ 1709.112 Ineligible grant purposes. ( a ) Grant funds may not be used for the costs of preparing the grant application, finders fees, fuel purchases, routine maintenance or other operating costs, or purchase of equipment, structures or real property not directly associated with providing energy services in the target community, or, except as provided in § 1709.11(d), project construction costs incurred prior to the date of the grant award.
( b ) In general, grant funds may not be used to support projects that primarily benefit areas outside of eligible target communities. However, grant funds may be used to finance an eligible target community's proportionate share of a larger energy project.
( c ) Grant funds may not be used to refinance or repay the applicant's outstanding loans or loan guarantees under the Rural Electrification Act of 1936, as amended.
FORM 8-K



SECURITIES AND EXCHANGE COMMISSION

Washington, D.C. 20549



Current Report Pursuant to Section 13 or 15(d)

of the Securities Exchange Act of 1934



Date of Report (Date of earliest event reported): February 24, 2004



NOLAND COMPANY



A Virginia Corporation IRS Identification #54-0320170



Commission File No. #2-27393



80 29th Street

Newport News, VA 23607

Telephone: (757) 928-9000

Item 7. Financial Statements, Pro Forma Financial Information and Exhibits

(c) Exhibit 99.1 - Noland Company Press Release dated February 23, 2004

Item 9. Regulation FD Disclosure

On February 23, 2004, Noland Company issued a press release reporting its financial results for the three and twelve months ended December 31, 2003. A copy of the release is being furnished as Exhibit 99.1 to this Current Report on Form 8-K and is hereby incorporated by reference.

In addition to being furnished pursuant to "Item 9. Regulation FD Disclosure" ("Item 9") of Form 8-K, the information contained in this Form 8-K is being furnished pursuant to "Item 12. Results of Operations and Financial Condition," under Item 9 of Form 8-K, as directed by the United States Securities and Exchange Commission release No. 34-47583.

The information in this Form 8-K, including Exhibit 99.1, shall not be deemed "filed" for the purposes of Section 18 of the Securities Exchange Act of 1934, as amended, or otherwise subject to the liability of that section, nor shall it be deemed incorporated by reference in any filing under the Securities Act of 1933, as amended, except as shall be expressly set forth by specific reference in such a filing.

|Exhibit |                                                               
|------- | --------------------------------------------------------------
|Number  | Description                                                   
|99.1    | Press release dated February 23, 2004 issued by Noland Company

SIGNATURE

Pursuant of the requirement of the Securities Exchange Act of 1934, the Registrant has duly caused this report to be signed on its behalf by the undersigned hereunto duly authorized.

The Noland Company

Date:February 24, 2004			By:Arthur P. Henderson, Jr.

Arthur P. Henderson, Jr.

Vice President - Finance
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## Breadcrumb

            -  Announcements 
            -           Resource: 2019 National Indian Education Study (NIES) Data Companion      

# Resource: 2019 National Indian Education Study (NIES) Data Companion

This report describes findings from two write-in sections of student and teacher survey questionnaires in the National Indian Education Study (NIES). The survey questions are specific to AI/AN students, and they explore the role of AI/AN culture in students' lives and school experiences.**Learn more.**
EX-32
SECTION 1350 CERTIFICATION OF SAM SHLOMO ELIMELECH AND GAI MAR-CHAIM

                      SECTION 1350 CERTIFICATION

In connection with the quarterly report of Andain, Inc.
("Company") on Form 10-QSB for the quarter ended September 30,
2005 as filed with the Securities and Exchange Commission
("Report"), the undersigned, in the capacities and on the dates
indicated below, hereby certify pursuant to Section 906 of the
Sarbanes-Oxley Act of 2002 (18 U.S.C. Section 1350) that to their
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.


Dated: November 14, 2005               By: /s/  Sam Shlomo Elimelech
                                       Sam Shlomo Elimelech, President


Dated: November 14, 2005               By: /s/  Gai Mar-Chaim
                                       Gai Mar-Chaim,
                                       Secretary/Treasurer
                                       (principal financial officer)
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## Breadcrumb

            -  Announcements 
            -           Resource: AmeriCorps Open Data      

# Resource: AmeriCorps Open Data

This tool provides access to data sets for AmeriCorps programs supporting individuals, organizations, and communities in the U.S that perform civic service. The public can use this tool to search data by state, organization, and grant type. **Learn more.**
IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

No. 15-10177

Summary Calendar

CARLOS WAYNE TOOMBS, also known as Carlos Wayne Durham,

Plaintiff-Appellant

v.

DIANNA MASSINGILL, Assistant District Attorney; TIM CANTRELL, Trial 

Counsel; RICKY DEARMAN, Amarillo Police Officer; SERGEANT JIM 

MCKENNY, Amarillo Police Officer,

Defendants-Appellees

Appeal from the United States District Court

for the Northern District of Texas

USDC No. 2:14-CV-262

Before JOLLY, DENNIS, and PRADO, Circuit Judges. 

PER CURIAM:*

Carlos Wayne Toombs, Texas prisoner # 1109593, appeals the district 

court’s dismissal of his 42 U.S.C. § 1983 complaint as frivolous and malicious. 

According to Toombs, the district court erred in determining that the claims in 

his complaint were barred under Heck v. Humphrey, 512 U.S. 477 (1994), and 

thus frivolous. We find no abuse of discretion in the determination because

 

* 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

Fifth Circuit

FILED

May 3, 2016

Lyle W. Cayce

Clerk

 Case: 15-10177 Document: 00513489889 Page: 1 Date Filed: 05/03/2016
No. 15-10177

2

the complaint seeks monetary damages from defense counsel, the prosecutor, 

and two police officers “for the unjustified deprivation of [Toombs’s] life, liberty 

and property” but does not allege that his conviction or sentence has been 

reversed, expunged, set aside, or otherwise undermined. See Boyd v. Biggers, 

31 F.3d 279, 283 (5th Cir. 1994). Nor do we find an abuse of discretion in the 

district court’s determination that the complaint, which was duplicative of a 

prior § 1983 suit, was malicious. See Bailey v. Johnson, 846 F.2d 1019, 1021 

(5th Cir. 1988). Further, Toombs fails to assert or demonstrate any error in 

the district court’s rejection of his DNA testing claim, which he raised in a 

postjudgment motion. See Skinner v. Switzer, 562 U.S. 521, 525 (2011); Dist.

Attorney’s Office for Third Judicial Dist. v. Osborne, 557 U.S. 52, 69 (2009).

The appeal is DISMISSED AS FRIVOLOUS. See 5TH CIR. R. 42.2. The

motions for an evidentiary hearing and to compel the production of evidence

are DENIED. We previously warned Toombs that he had two strikes under 28 

U.S.C. § 1915(g). The district court’s dismissal of his complaint in this case, as 

well as our dismissal of this appeal, count as additional strikes. See Coleman 

v. Tollefson, 135 S. Ct. 1759, 1763-64 (2015); Adepegba v. Hammons, 103 F.3d 

383, 387 (5th Cir. 1996). Because Toombs has accumulated more than three 

strikes, he is BARRED from proceeding IFP in any civil action while he is 

incarcerated unless he is under imminent danger of serious physical injury. 

See § 1915(g). 

 Case: 15-10177 Document: 00513489889 Page: 2 Date Filed: 05/03/2016