alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
<PAGE>

EXHIBIT 31.2

                            SECTION 302 CERTIFICATION
                 PURSUANT TO RULE 13a-14(a) AND 15d-14(a) UNDER
                 THE SECURITIES EXCHANGE ACT OF 1934, AS AMENDED

                                  CERTIFICATION

I, Gus Bottazzi, certify that:

1. I have reviewed this Annual Report on Form 10-KSB of Warp Technology
Holdings, Inc.;

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 the registrant as
of, and for, the periods presented in this report;

4. the registrant's other certifying officer and I are 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 our supervision, to
ensure that material information relating to the registrant, including its
consolidated subsidiaries, is made known to us by others within those entities,
particularly during the period in which this report is being prepared;

      (b) [Intentionally omitted];

      (c) 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

      (d) Disclosed in this report any change in the registrant's internal
control over financial reporting that occurred during the registrant's fourth
fiscal quarter that has materially affected, or is reasonably likely to
materially affect, the registrant's internal control over financial reporting;
and

5. The registrant's other certifying officer and I have disclosed, based on our
most recent evaluation of internal control over financial reporting, to the
registrant's auditors and the registrant's board of directors:

            (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 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 control
over financial reporting.

Dated: October 12, 2004                  /s/ Gus Bottazzi
                                         --------------------------------
                                           Gus Bottazzi
                                           Chief Financial Officer
JOSB FY 2012 EX 10.3(g)






Exhibit 10.3(g)




ELEVENTH AMENDMENT TO AMENDED AND RESTATED EMPLOYMENT AGREEMENT


THIS ELEVENTH AMENDMENT (this “Amendment”) is made as of the 2nd day of April, 2013 to that certain AMENDED AND RESTATED EMPLOYMENT AGREEMENT, dated as of May 15, 2002, (as previously amended, the “Employment Agreement”), by and between DAVID E. ULLMAN (“Employee”) and JOS. A. BANK CLOTHIERS, INC. (“Employer”).     


FOR GOOD AND VALUABLE CONSIDERATION, the receipt and adequacy of which are hereby acknowledged, Employer and Employee, being the sole parties to the Employment Agreement, hereby amend the Employment Agreement and agree that, subject to earlier termination as otherwise set forth in the Employment Agreement, the last day of the Employment Period shall be January 31, 2015.


Except as specifically amended hereby, the Employment Agreement shall remain in full force and effect according to its terms. To the extent of any conflict between the terms of this Amendment and the terms of the remainder of the Employment Agreement, the terms of this Amendment shall control and prevail. Capitalized terms used but not defined herein shall have those respective meanings attributed to them in the Employment Agreement. This Amendment shall hereafter be deemed a part of the Employment Agreement for all purposes. The terms of employment set forth in this Amendment have been approved by the Compensation Committee of the Board of Directors of the Employer.


 IN WITNESS WHEREOF, the parties hereto have executed this Amendment as of the date first above written.


    
JOS. A. BANK CLOTHIERS, INC.


	
				
	By:
	/s/ CHARLES D. FRAZER
	 
	/s/ DAVID E. ULLMAN

	 
	Charles D. Frazer,
Senior Vice President-General Counsel
	 
	DAVID E. ULLMAN
**Exhibit 31.1** **Rule 15d-14(a)    Certification**     I, Gerald K. Carlson, Chief Executive Officer of PAHC Holdings    Corporation, certify that:     (1) I have reviewed this quarterly report on    Form 10-Q    of PAHC Holdings Corporation;     (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 the registrant as of,    and for, the periods presented in this report;     (4) The registrant’s other certifying officer(s) and I    are 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 our supervision, to ensure that material information    relating to the registrant, including its consolidated    subsidiaries, is made known to us by others within those    entities, particularly during the period in which this 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    (the registrant’s fourth fiscal quarter in the case of an    annual report) that has materially affected, or is reasonably    likely to materially affect, the registrant’s internal    control over financial reporting; and     (5) The registrant’s other certifying officer(s) and I    have disclosed, based on our most recent evaluation of internal    control over financial reporting, to the registrant’s    auditors and the audit committee of the 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 control 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 control over financial reporting.     /s/  Gerald K. Carlson    Gerald K. Carlson,    Chief Executive Officer    (Principal Executive Officer)     Date: February 14, 2006
In The 

Court of Appeals 

Seventh District of Texas at Amarillo

No. 07-15-00012-CR 

MARK HOFF, APPELLANT 

 

V. 

 

THE STATE OF TEXAS, APPELLEE 

 

On Appeal from the County Court at Law 

Navarro County, Texas 

Trial Court No. C35612-CR, Honorable Amanda Doan Putman, Presiding 

 

February 13, 2017 

 

Concurring Opinion of Chief Justice Quinn 

 

Before QUINN, C.J., and CAMPBELL and PIRTLE, JJ. 

I would overrule the first issue for the reason stated in the opinion of Justice 

Pirtle, and I would overrule the second issue for the following reason. 

Though I have concerns with whether the officer’s question was improper 

interrogation, I assume it to be so for purposes of this argument. My major concern 

involves the existence of harm even if the question and answer were inadmissible.

Evidence other than appellant’s statement regarding his ingestion of 

methamphetamine illustrated that he attempted to hide, destroy or otherwise tamper 
2

with evidence of a crime. Officers located him in a bedroom. In that bedroom, they also 

found “a little baggy with substance, methamphetamine, and a methamphetamine pipe 

and some prescription pills.” More importantly, one or more of them “observed him . . . 

to ingest methamphetamine” as they entered the bedroom. That resulted in appellant 

immediately being placed in custody because they realized he was eating evidence. 

“It is well established that the improper admission of evidence does not constitute 

reversible error if the same facts are shown by other evidence which is not challenged. 

Kulhanek v. State, No. 13-15-00265-CR, 2016 Tex. App. LEXIS 12150, at *10 (Tex. 

App.—Corpus Christi-Edinburg Nov. 10, 2016, no pet.) (mem. op., not designated for 

publication) (citing Leday v. State, 983 S.W.2d 713, 717 (Tex. Crim. App. 1998)). While 

there was no actual admission into evidence at trial of appellant’s response to the 

officer’s purported interrogation of him while in custody, Kulhanek is instructive,

nonetheless. Other evidence besides that which appellant sought to suppress 

illustrated his guilt for the charged offense. Drugs were believed to be in appellant’s 

possession. The drug was believed to be methamphetamine. Appellant was found in 

the house being searched for methamphetamine and seen possessing what appeared 

to be drugs. So too was he seen eating those drugs. The overwhelming weight of that 

evidence prevents me from concluding that the trial court’s refusal to grant his motion to 

suppress affected a substantial right or his decision to plead guilty. Even if the 

response in question was suppressed, enough evidence existed to more than assure 

his conviction. And given the totality of the record, it would be mere speculation on my 

part to believe appellant ignored that quantum of evidence in deciding to plead guilty 
3

and rather relied simply on the trial court’s refusal to suppress redundant evidence. 

Consequently, I would overrule both issues and affirm the judgment of the trial court.

Brian Quinn

Chief Justice

Publish.
Editorial Note on Part 1924
Editorial Note: Nomenclature changes to part 1924 appear at 80 FR 9870, Feb. 24, 2015.

§ 1924.11 District Director's review of incomplete development. During monthly District Office work organization meetings and during regular visits to the County Office, the District Director will review the progress that is being made in completing development financed with loans within the District Director's and County Supervisor's responsibility. ( a ) Once each year the District Director will make a comprehensive review of all development work not completed within the time scheduled. For incomplete development financed with loan or grant funds within the responsibility of the District Director, the District Director will take the necessary actions to assure that the borrower or grantee completes the planned development. For incomplete development financed with loan or grant funds within the responsibility of the County Supervisor, the District Director will give the necessary direction to the County Supervisor to assure completion of the work. In connection with these responsibilities, the District Director will consider: ( 1 ) The current farm and home operations with respect to the need for the development as originally planned.
( 2 ) Revisions to the development plan.
( 3 ) Funds remaining in the supervised bank account.
( 4 ) Need for additional funds.
( 5 ) Personal funds that could be furnished by the borrower.
( 6 ) Estimated completion dates.
( 7 ) The borrower's attitude with respect to completing the development.
( b ) After a complete review of the status of development in both the District and County Offices has been made, the District Director will make a written report to the State Director which will include observations and recommendations regarding incomplete development. The report may be included in the District Director's regular report, and will include: ( 1 ) The number of cases in which borrowers have not completed their development within 9, 15 or 24 months when authorized, and also the number of cases in which funds have been exhausted and the work is incomplete.
( 2 ) The number of borrowers who have not completed their development within 3 years from the loan closing, and indicate the action that was taken in each such case.
( c ) If the borrower has not completed development work within 3 years after the date of loan closing and the District Director has determined that the borrower cannot or will not complete the development, the District Director will so indicate on Form RD 1924-1 and request the State Director to withdraw, for application on the loan, any unused development funds remaining in the borrower's supervised bank account, if the borrower will not sign a check for a refund to the loan account.
<PAGE>
 
                                                             Exhibit 11.1


                        IFX CORPORATION AND SUBSIDIARIES
                    Computation of Earnings Per Common Share
<TABLE>
<CAPTION>
                                            Year Ended June 30,
                                  ----------------------------------------
                                      1997          1996          1995
                                  ------------  ------------  ------------
<S>                               <C>           <C>           <C>
Earnings
 
  Net income (loss)               $ 3,183,800   $(1,133,100)  $ 2,411,600
 
  Deduct assumed dividends on
  Class A preferred stock             (23,300)      (40,000)      (40,000)
                                  -----------   -----------   -----------
 
  Net income (loss) applicable
  to common stock                 $ 3,160,500   $(1,173,100)  $ 2,371,600
                                  ===========   ===========   ===========
Shares
 
  Weighted average number of
  common shares outstanding        33,084,467    33,721,179    30,680,524
                                  ===========   ===========   ===========
Earnings (loss) per
 common share:

 Net income (loss)                $       .10   $      (.03)  $       .08
                                  ===========   ===========   ===========
</TABLE>


Note:  Fully diluted earnings per share have not been presented because the
       effects are not material.
Exhibit 31.2
 CERTIFICATIONS
      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 the registrant, including its consolidated subsidiaries, 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 such 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
principles;c.
    
    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;
andd.
    
    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 (the registrants
fourth fiscal quarter in the case of an annual report) that has materially affected, or is
reasonably likely to materially affect, the registrants internal control over financial
reporting; and
  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
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 control over financial reporting.
 /s/
Bruce E. ThomasBruce E. ThomasSenior Vice President and Chief Financial Officer
#### Johh C. Craner, Respondent, v. Patrick J. Corbett, as Sheriff of Onondaga County, et al., Appellants.

Judgment unanimously reversed on the law and facts and a new trial granted, with costs to the appellants to abide the event. Memorandum: Defendants appeal from a judgment, entered on a court directed verdict, which awarded plaintiff jury assessed damages sustained by him as a result of his arrest under a court, order intended to be executed on plaintiff’s father whose name is the same as plaintiff’s name. The order was valid on its face, the epurt issuing it had jurisdiction to do so and it was the duty of defendants to execute it. *(People*v. *Briggs*19 N Y 2d 37; *Nastasi*v. *State of New York,*275 App. Div. 524, affd. 300 N. Y. 473.) Where, as here, there are two persons to whom the name applies with complete accuracy the officer is privileged to arrest the one whom, after using due diligence, he reasonably believes to be the person intended. *(Darlow*v. *State of New York,*207 Misc. 124; 22 N. Y. Jur., False Imprisonment, § 19; Restatement, Torts 2d, § 125; 127 A. L. R. 1057; 10 ALR 2d 750.) The evidence presented questions of fact for the jury as to whether defendant Koreynski used due diligence, whether he reasonably believed that plaintiff was the person intended by the order, and whether plaintiff knowingly caused the arresting officer to believe that he was the person intended by failing to forthrightly state that he was the son and not the father intended by the order. The trial court, therefore, erred in directing the verdict upon which the judgment was entered. (Appeal from judgment of Onondaga Trial Term *797for plaintiff in an action for false arrest.) Present — Williams, P. J., Bastow, Goldman, Henry and Del Vecchio, JJ.
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 accompanying Quarterly Report of Brampton Crest
International Inc. (the "Company") on Form 10-Q/A for the three month period
ending March 31, 2008, as filed with the Securities and Exchange Commission on
the date hereof (the "Report"), I, Bryan Norcross, Principal Executive 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 the best of 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;
and





(2)
            The
      information contained in the Report fully presents, in all material
      respects, the financial condition and results of operations of the
      Company.





Date:
      July 9, 2009
              By:
      /s/ Bryan NorcrossBryan
      NorcrossPresident,
      Principal Executive Officer
#### § 1489.31 Program income.

Any revenue or refunds generated from an activity, *e.g.,* participation fees, proceeds of sales, refunds of value added taxes (VAT), the expenditures for which have been wholly or partially reimbursed with RAPP funds, shall be used by the RAPP Participant in furtherance of its approved RAPP activities in the budget period during which the RAPP funds are available for obligation by the RAPP Participant. The use of such revenue or refunds shall be governed by this part. Interest earned on funds advanced by the CCC is not program income.
Exhibit 31.1
 CERTIFICATIONS
      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 the registrant, including its consolidated subsidiaries, 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 such 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
principles;c.
    
    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;
andd.
    
    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 (the registrants
fourth fiscal quarter in the case of an annual report) that has materially affected, or is
reasonably likely to materially affect, the registrants internal control over financial
reporting; and
  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
the registrant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 the registrants internal control over financial reporting.
 /s/ George M. Longest, Jr.George M. Longest, Jr.President and Chief Executive Officer
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 Midnight Candle Company (the "Company") on Form 10-QSB for the three months ended June 30, 2006, as filed with the Securities and Exchange Commission on the date hereof (the "Report"), I, Helen C. Cary, acting in the capacity as the Chief Executive Officer and Chief Financial Officer of the Company, certify to the best of my knowledge, pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, 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 result of operations of the Company. |
|--------|-----|-----------------------------------------------------------------------------------------------------------------------------------------------------|

 

/s/ Helen C. Cary

|   | Helen C. Cary |  
 

Chief Executive Officer and Chief Financial Officer

 

 

August 3, 2006

 

 

 

 

  |
|--------|---------------|--------------------------------------------------------------------------------------------------------------------------------------------|