alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
Exhibit 32.2 CERTIFICATION PURSUANT TO SECTION 1350, CHAPTER 63 OF TITLE 18, UNITED STATES CODE, AS ADOPTED PURSUANT TO SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002 In connection with the accompanying Annual Report of Kohlberg Capital Corporation (the Company) on Form 10-K/A for the year ended December 31, 2011 (the Report), I, Michael I. Wirth, Chief Financial Officer of the Company, certify, pursuant to 18 U.S.C. §1350, as adopted pursuant to §906 of the Sarbanes-Oxley Act of 2002, that: (1) The Report fully complies with the requirements of Section 13(a) or Section 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.  Date: March 22, 2012

          

          By:/s/ Michael I. WirthMichael I. WirthChief Financial Officer and Chief Compliance Officer(Principal Financial Officer)
Editorial Note on Subchapter C of Chapter II
Editorial Note: Nomenclature changes to subchapter C appear by Amdt. 381, 65 FR 64586, Oct. 30, 2000.

§ 292.24 Audits and management control evaluations. ( a ) *Audits.* Summer EBT agencies must arrange for audits of their own operations to be conducted in accordance with 2 CFR part 200, subpart F, and USDA implementing regulations in 2 CFR parts 400 and 415. Unless otherwise exempt, LEAs must arrange for audits to be conducted in accordance with 2 CFR part 200, subpart F, and USDA implementing regulations in 2 CFR parts 400 and 415. Summer EBT agencies must provide the USDA Office of the Inspector General (OIG) with full opportunity to audit the Summer EBT agency and LEAs. Unless otherwise exempt, audits at the Summer EBT agency and LEA levels must be conducted in accordance with 2 CFR part 200, subpart F and appendix XI, and USDA implementing regulations in 2 CFR parts 400 and 415. While OIG must rely to the fullest extent feasible upon Summer EBT agency-sponsored or LEA-sponsored audits, it must, when considered necessary: ( 1 ) Make audits on a State or ITO-wide basis;
( 2 ) Perform on-site test audits; and
( 3 ) Review audit reports and related working papers of audits performed by or for Summer EBT agencies.
( b ) *Management control evaluations.* Summer EBT agencies must provide USDA with full opportunity to conduct management control evaluations of all operations of the Summer EBT agency and must provide OIG with full opportunity to conduct audits of all Summer EBT agency Program operations. The Summer EBT agency must make available its records, including records of the receipts and expenditures of funds, upon a reasonable request by USDA.
( c ) *Error reduction strategies.* USDA may omit designated areas of review, in part or entirely, where a Summer EBT agency has implemented FNS-approved error reduction strategies.
<TABLE> <S> <C>

<PAGE>
 
<ARTICLE> 7
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM STATEMENT OF
FINANCIAL POSITION, STATEMENTS OF OPERATIONS AND UNASSIGNED DEFICIT AND IS
QUALIFIED IN ITS ENTIRETY TO SUCH FINANCIAL STATEMENTS.
</LEGEND>
       
<S>                             <C>
<PERIOD-TYPE>                   9-MOS
<FISCAL-YEAR-END>                          DEC-31-1996
<PERIOD-START>                             JAN-01-1996
<PERIOD-END>                               SEP-30-1996
<DEBT-HELD-FOR-SALE>                       762,053,099
<DEBT-CARRYING-VALUE>                                0
<DEBT-MARKET-VALUE>                                  0
<EQUITIES>                                  76,237,908
<MORTGAGE>                                 152,656,400
<REAL-ESTATE>                               43,402,584
<TOTAL-INVEST>                           1,034,349,991
<CASH>                                               0
<RECOVER-REINSURE>                                   0
<DEFERRED-ACQUISITION>                               0
<TOTAL-ASSETS>                           4,176,582,703
<POLICY-LOSSES>                            813,480,563
<UNEARNED-PREMIUMS>                                  0
<POLICY-OTHER>                               1,001,754
<POLICY-HOLDER-FUNDS>                                0
<NOTES-PAYABLE>                                      0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                     2,500,000
<OTHER-SE>                                 266,078,999
<TOTAL-LIABILITY-AND-EQUITY>             4,176,582,703
<PREMIUMS>                                 683,526,665
<INVESTMENT-INCOME>                         56,623,244
<INVESTMENT-GAINS>                           (197,122)
<OTHER-INCOME>                             100,722,685
<BENEFITS>                                 658,714,905
<UNDERWRITING-AMORTIZATION>                          0
<UNDERWRITING-OTHER>                                 0
<INCOME-PRETAX>                             43,795,385
<INCOME-TAX>                                24,622,889
<INCOME-CONTINUING>                                  0
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                19,172,496
<EPS-PRIMARY>                                        0
<EPS-DILUTED>                                        0
<RESERVE-OPEN>                                       0
<PROVISION-CURRENT>                                  0
<PROVISION-PRIOR>                                    0
<PAYMENTS-CURRENT>                                   0
<PAYMENTS-PRIOR>                                     0
<RESERVE-CLOSE>                                      0
<CUMULATIVE-DEFICIENCY>                              0
        

</TABLE>
<PAGE>   1
                                                                    EXHIBIT 4.13


                        SECOND SUPPLEMENTAL INDENTURE

     THIS SECOND SUPPLEMENTAL INDENTURE, dated as of June 19, 1998, is executed
by METAL MANAGEMENT GULF COAST, INC., a Delaware corporation ("Metal Management
Gulf Coast"), a wholly-owned subsidiary of METAL MANAGEMENT, INC., a Delaware
corporation (the "Company"), for the sole purpose of granting a guarantee under
the Indenture (as amended from time to time, the "Indenture"), dated as of May
13, 1998, with respect to the Company's 10% Senior Subordinated Notes due 2008
(the "Notes"), entered into among the Company, the Guarantors (as defined
therein) and LASALLE NATIONAL BANK, as trustee (the "Trustee").

                            PRELIMINARY STATEMENT

     The Company, the Guarantors and the Trustee have entered into the
Indenture.  Capitalized terms used herein, not otherwise defined herein, shall
have the meanings given them in the Indenture.

     Section 4.18 of the Indenture expressly provides that any Restricted
Subsidiary (i) that has assets or revenues in any fiscal year in excess of
$200,000 or (ii) that is not a Guarantor and is a borrower under the Senior
Credit Facility shall execute a supplemental indenture to become a Guarantor of
the Company's Notes.  Pursuant to Section 4.18 of the Indenture, Metal
Management Gulf Coast executes this Second Supplemental Indenture to a become
Guarantor of the Company's Notes.  Metal Management Gulf Coast has, by Board
Resolution, authorized this Second Supplemental Indenture.  The Trustee has
determined that this Second Supplemental Indenture is in form satisfactory to
it.

     NOW, THEREFORE, it is mutually covenanted and agreed, for the equal and
proportionate benefit of all Holders of the Notes issued under the Indenture
from and after the date of this Second Supplemental Indenture, as follows:

     Section 1. Guarantee on the Notes.

     Metal Management Gulf Coast hereby subjects itself to the provisions of
the Indenture as a Guarantor in accordance with Article 11 of the Indenture.

     Section 2. Counterparts

     This Second Supplemental Indenture may be executed in several
counterparts, all of which together shall constitute one agreement binding on
all parties, notwithstanding that all parties have not signed the same
counterpart.





<PAGE>   2


     IN WITNESS WHEREOF, the undersigned have caused this Supplemental
Indenture to be duly executed by its respective officers as of the day and year
first above written.

                                         METAL MANAGEMENT GULF COAST, INC.  
                                                          
                                                          
                                         By: /s/ David A. Carpenter         
                                            -------------------------------  
                                                 David A. Carpenter         
                                                 Vice President             














                                     -2-
IN THE UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF FLORIDA

PANAMA CITY DIVISION

JOHN DOE 1, as parent and natural guardian of

PLAINTIFF C, his minor child; JOHN DOE 2, as

parent and natural guardian of PLAINTIFF D, his

minor child; JANE DOE 1 as parent and natural

guardian of PLAINTIFF B and PLAINTIFF M,

her minor children; JANE DOE 2, as parent and

natural guardian of PLAINTIFF J, her minor child;

and JANE DOE 3, as parent and natural guardian

of PLAINTIFF S, her minor child,

Plaintiffs,

vs

JOSEPH R. FRANCIS; MRA HOLDING LLC, a

California limited liability company; MANTRA

FILMS, INC., an Oklahoma corporation (d/b/a

“Girls Gone Wild”); AERO FALCONS, LLC, a

Delaware limited liability company; MARK D.

SCHMITZ; and RYAN DAVID SIMKIN,

Defendants.

)

)

)

)

)

)

)

)

)

)

)

)

)

)

)

)

)

)

)

)

)

)

Case No.: 5:03cv260/MCR/MD

PLAINTIFFS’ OPPOSITION 

TO DEFENDANTS’ MOTION TO STAY

Defendants move to stay these proceedings pending the outcome of parallel

criminal proceedings in the Circuit Court of the Fourteenth Judicial Circuit of Florida.

Plaintiffs object to this motion as premature. The Parties have been actively

negotiating and are close to an agreement for a stay. It would be premature for the Court

to rule on this issue until the Parties either reach an agreement or an impasse. 

Case 5:03-cv-00260-RS-WCS Document 36 Filed 01/07/04 Page 1 of 3
Discussions regarding the stay have been fruitful and will likely result in a agreement to

be entered at the Court’s discretion. Counsel for both Parties have spoken and both

Parties respectfully request that the Court withhold judgment on Defendants’ Motion to

Stay for 30 days to allow the Parties time to explore an agreement on this issue.

WHEREFORE, Plaintiffs respectfully request that this Court reserve its ruling on

Defendants’ Motion To Stay these proceedings for an additional 30 days.

Dated this 7th day of January, 2004.

Respectfully submitted,

s/D. Ross McCloy, Jr.

D. Ross McCloy, Jr.

Harrison, Sale, McCloy &

Thompson, Chtd.

Florida Bar No. 0262943

Post Office Drawer 1579

Panama City, FL 32402

850.769.3434

Fax: 850.769.6121

and

Thomas G. Dent 

Illinois Bar No. 0617164

Scott A. Carlson

Illinois Bar No. 6228975

Seyfarth Shaw, LLP

55 East Monroe St., Suite 4200

Chicago, IL 60603

312.346.8000

Fax: 312.269.8869

ATTORNEYS FOR PLAINTIFFS

Case 5:03-cv-00260-RS-WCS Document 36 Filed 01/07/04 Page 2 of 3
CERTIFICATE OF SERVICE

I HEREBY CERTIFY that a copy of the foregoing was furnished by electronic

mail to Thomas R. Julin, Esq., Hunton & Williams LLP, Mellon Financial Center, 1111

Brickell Avenue, Suite 2500, Miami, FL 33131-1803; and to Michael D. Whalen, Esq.,

Bedell, Dittmar, DeVault, Pillans & Coxe, 101 East Adams Street, Jacksonville, FL

32202, this 7th day of January, 2004.

s/D. Ross McCloy, Jr. 

D. Ross McCloy, Jr.

Case 5:03-cv-00260-RS-WCS Document 36 Filed 01/07/04 Page 3 of 3
10.000 Scope of part.

This part prescribes policies and procedures for conducting market research to arrive at the most

suitable approach to acquiring, distributing, and supporting supplies and services. This part

implements the requirements of 41 U.S.C. 3306(a)(1), 41 U.S. C. 3307, 10 U.S.C. 3453, and 6 U. S.C.

796.

Parent topic: Part 10 - Market Research
##### 



Exhibit 31.1 CERTIFICATE OF PERSON PERFORMING
FUNCTIONS OF CHIEF EXECUTIVE OFFICER I, Jeffrey S. Yager, certify that: 1. I have reviewed this annual report on Form 10-KSB of Yager/Kuester Public Fund Limited
Partnership; 2. Based on my knowledge, this annual 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 annual report; 3. Based on my knowledge, the financial statements, and other financial information included
in this annual 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 annual
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 13(a)-15(e) and
15(d)-15(e)) for the registrant and we 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 small business issuer, 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 small business issuer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 small business issuers internal control over
financial reporting (as defined in Exchange Act Rules 13(a)-15(f) and 15(d)-15(f)) that occurred
during the small business issuers most recent fiscal quarter (the registrants fourth quarter in
the case of an annual report) that has materially affected, or is reasonably likely to materially
affect, the small business issuer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 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
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. Date:      March 22, 2005/s/ Jeffrey S YagerJeffrey S. Yager, Manager of YFP, LLC, General Partner
of DRY Limited Partnership, General Partner
 21
<TABLE> <S> <C>

<ARTICLE> 9
<CIK> 0000757262
<NAME> FNB BANKING COMPANY

<S>                             <C>
<PERIOD-TYPE>                   9-MOS
<FISCAL-YEAR-END>                          DEC-31-1999
<PERIOD-START>                             JAN-01-1999
<PERIOD-END>                               SEP-30-1999
<CASH>                                      15,034,748
<INT-BEARING-DEPOSITS>                     156,830,943
<FED-FUNDS-SOLD>                             5,161,387
<TRADING-ASSETS>                                     0
<INVESTMENTS-HELD-FOR-SALE>                 32,419,018
<INVESTMENTS-CARRYING>                               0
<INVESTMENTS-MARKET>                                 0
<LOANS>                                    148,910,022
<ALLOWANCE>                                  2,485,800
<TOTAL-ASSETS>                             213,218,806
<DEPOSITS>                                 187,922,975
<SHORT-TERM>                                         0
<LIABILITIES-OTHER>                            444,366
<LONG-TERM>                                  1,761,410
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                       789,095
<OTHER-SE>                                  22,300,959
<TOTAL-LIABILITIES-AND-EQUITY>             213,216,806
<INTEREST-LOAN>                             11,556,346
<INTEREST-INVEST>                            1,402,656
<INTEREST-OTHER>                               326,404
<INTEREST-TOTAL>                            13,285,407
<INTEREST-DEPOSIT>                           4,725,884
<INTEREST-EXPENSE>                           4,830,884
<INTEREST-INCOME-NET>                        8,454,522
<LOAN-LOSSES>                                1,344,868
<SECURITIES-GAINS>                                   0
<EXPENSE-OTHER>                              6,738,338
<INCOME-PRETAX>                              2,081,909
<INCOME-PRE-EXTRAORDINARY>                   2,081,909
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                 1,449,346
<EPS-BASIC>                                       1.82
<EPS-DILUTED>                                        0
<YIELD-ACTUAL>                                    6.03
<LOANS-NON>                                  1,008,000
<LOANS-PAST>                                    74,000
<LOANS-TROUBLED>                                     0
<LOANS-PROBLEM>                                      0
<ALLOWANCE-OPEN>                             1,707,913
<CHARGE-OFFS>                                  768,900
<RECOVERIES>                                   201,919
<ALLOWANCE-CLOSE>                            2,485,800
<ALLOWANCE-DOMESTIC>                         2,485,000
<ALLOWANCE-FOREIGN>                                  0
<ALLOWANCE-UNALLOCATED>                              0



</TABLE>
# ECEIVE D Befor e th e U.S
. Departmen t o f Transportatio n Federa l Aviatio nAdministratio nrt o Z3 j.ui i 

# I [EARIN G DOCKE T
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COMPLAINANT' S RESPONS ET O M & RHELICOPTERS ' ^
- r MOTIO NFO RMOR EDEFINIT ESTATEMEN T - TRAVE LLO GFO R9^ ^ LATONY A WILLAIM S ^ , ^ ^ Complainan t

file s thi s respons e t o Responden t M & RHelicopters ' (Respondent ) Motio nfor Mor e Definit e Statemen t - Trave l Lo g for

Latony aWilliams
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respectfull y request s tha t th e Chie f Administrativ e Law Judg e refer t o Complainant' s Respons e T o M& RHelicopter' s Motio nFo r Specifi c Discovery - Trave l Lo g Fo r

Latony aWilliams , file do nFebruary 9 , 2011 , an dden y Respondent' s Motio nfo r

Mor e Definit e Statemen t - Trave l Lo g for

Latony aWilliams
. Respectfijll y submitted , Pete r J
. Lync h Assistan t Chie f Counse l 

## By : /^aU^€i ^

Vy<^:76i ? ir aPont o Attorne y Enforcemen t

Division , AGC-30 0 Offic e o f th e Chie f Counse l Federa l Aviatio nAdministratio n 80 0 Independenc e Avenue , S.W
. Washington , D C 2059 1 Phone : (202)267-986 3 Facsimile : (202)267-510 6 Date : February 18 , 201 1Certificat e o f Servic e I hereb y certif

y tha t o nthi s dat e I hav e place di nth e U.S
. mail , postag e prepaid , certifie dreturn-receipt , acop y o f Complainant' s Respons e t o Motio nfor More Definit e Statemen t —Trave l Lo g for

Latony aWilliam s I nth e Matte r of M & RHelicopters , Docke t No
. CPlOSOOOllO , FA A Cas e no . 2009SO950434 , addresse dto : Dr
. Michae l B
. Seli g Presiden t M & RHelicopters , LL C 204 5 Westgat e Dr. , Suit e 20 5 Bethlehem , P A 1801 7 I naddition , I hereb y certif y that o nthi s dat e I hav e sen t

b y th e U.S
. mail , postag e prepaid , certifie dreturn-receip t an dfacsimil e on e cop y o f th e foregoin g documen t

to : Th e Honorabl e Ronni e A
. Yode r Chie f Administrativ e La w Judg e U.S
. Departmen t

o f Transportatio n 120 0 Ne w Jerse y Avenue , S.E
. Washington , D C 2059 0 Facsimile : 202-366-753 6 I naddition , I hereb y certif y that o nthi s dat e I hav e sen t

b y th e U.S
. mail , postag e prepaid , certifie dreturn-receipt , th e origina l an don e cop y o f th e foregoin g documen t

to : Federa l Aviatio nAdministratio n 60 0 Independenc e Avenue , S.W
. Wilbu r Wrigh t Buildin g - Suit e 2W100 0 Washington , D.C
. 2059 1 Attn : Hearin g Docke t

Clerk , AGC-43 0

Dated : Februar y 18 , 201 1
Exhibit 31.2
 CERTIFICATION
      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 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.
  By:
    /s/ Mark D. FreemanMark D. FreemanExecutive Vice President and Chief Financial
Officer
(Principal Financial Officer)