alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
EX-31 Rule 13a-14(d)/15d-14(d) Certification.

  Re: Morgan Stanley Bank of America Merrill Lynch Trust 2013-C9, Commercial
  Mortgage Pass-Through Certificates, Series 2013-C9 (the "Transaction"),
  issued pursuant to the Pooling and Servicing Agreement dated as of May 1,
  2013 (the "Pooling and Servicing Agreement"), executed in connection
  with the Transaction (capitalized terms used but not defined herein have
  the meanings set forth in the Pooling and Servicing Agreement).

  I, Steven Stern, certify that:

  1. I have reviewed this report on Form 10-K and all reports on Form 10-D
     required to be filed in respect of the period covered by this report on
     Form 10-K of Morgan Stanley Bank of America Merrill Lynch Trust 2013-C9
     (the "Exchange Act periodic reports");

  2. Based on my knowledge, the Exchange Act periodic reports, taken as a
     whole, do 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, all of the distribution, servicing and other
     information required to be provided under Form 10-D for the period
     covered by this report is included in the Exchange Act periodic reports;

  4. Based on my knowledge and the servicer compliance statement(s) required
     in this report under Item 1123 of Regulation AB, and except as
     disclosed in the Exchange Act periodic reports, the servicers have
     fulfilled their obligations under the servicing agreement(s) in all
     material respects; and

  5. All of the reports on assessment of compliance with servicing criteria
     for asset-backed securities and their related attestation reports on
     assessment of compliance with servicing criteria for asset-backed
     securities required to be included in this report in accordance with
     Item 1122 of Regulation AB and Exchange Act Rules 13a-18 and 15d-18
     have been included as an exhibit to this report, except as otherwise
     disclosed in this report. Any material instances of noncompliance
     described in such reports have been disclosed in this report on Form
     10-K.

    In giving the certifications above, I have reasonably relied on
    information provided to me by the following unaffiliated parties:

    * Wells Fargo Bank, National Association, as trustee, certificate
      administrator, certificate administrator with respect to the Boston
      Park Plaza mortgage loan, custodian and custodian with respect to
      the Boston Park Plaza mortgage loan
    * Midland Loan Services, a Division of PNC Bank, National Association,
      as master servicer and special servicer
    * Trimont Real Estate Advisors, Inc., as trust advisor
    * GEMSA Loan Services, L.P., as a sub-servicer


Date:   April 14, 2014


By /s/ Steven Stern
   Name:  Steven Stern
   Title: President
* 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.

IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

 

No. 97-40951

Conference Calendar

 

HARRY LEE PHILLIPS,

Plaintiff-Appellant,

versus

JEFFERSON COUNTY PROBATION DEPARTMENT; 

ADDITION TREATMENT AND RECOVERY CLINIC 

OF BEAUMONT, TEXAS; W. GEORGE, Doctor, Beaumont 

City Health Department, in his individual and

official capacity; TEXAS DEPARTMENT OF HEALTH,

Defendants-Appellees.

- - - - - - - - - - 

Appeal from the United States District Court

for the Eastern District of Texas

USDC No. 1:96-CV-611

- - - - - - - - - -

April 9, 1998

Before JOLLY, JONES, and DUHÉ, Circuit Judges.

PER CURIAM:*

Henry Lee Phillips appeals from the district court’s Fed.

R. Civ. P. 12(b)(6) dismissal of his complaint brought pursuant

to 42 U.S.C. § 1983. He argues that the defendants’ deliberate

indifference caused him to lose sight in his right eye, but he

fails to address the district court’s dismissal of his cause of

action as barred by the applicable statute of limitations. 

Issues not raised or briefed are considered abandoned. 
No. 97-40951

-2-

Evans v. City of Marlin, Tex., 986 F.2d 104, 106 n.1 (5th Cir.

1993). Nevertheless, as there is only one issue on appeal and

the appellees have briefed the question, we will address the

issue. See Grant v. Cuellar, 59 F.3d 523, 525 (5th Cir. 1995). 

We have reviewed the record and the briefs of the parties,

and find that the district court did not plainly err in finding

that the complaint was barred by the Texas two-year statute of

limitations. Phillips v. Jefferson County Probation Department,

et al., No. 1:96-CV-611 (E.D. Tex. Jul. 22, 1997); Douglass v.

United Services Auto. Ass’n., 79 F.3d 1415, 1417, 1429 (5th Cir.

1996)(en banc). An appeal from a complaint dismissed because it

was filed long after the limitations period expired is without

merit and therefore frivolous. We caution Phillips that any

additional frivolous appeals filed by him or on his behalf will

invite the imposition of sanctions. To avoid sanctions, Phillips

is further cautioned to review any pending appeals to ensure that

they do not raise arguments that are frivolous. 

APPEAL DISMISSED, 5th Cir. R. 42.2. 

SANCTION WARNING ISSUED.
§ 1.1405 Under what circumstances will FDA waive one or more of the requirements of this subpart for an individual entity or a type of entity? FDA will waive one or more of the requirements of this subpart when we determine that: ( a ) Application of the requirements would result in an economic hardship for an individual entity or a type of entity, due to the unique circumstances of the individual entity or type of entity;
( b ) The waiver will not significantly impair our ability to rapidly and effectively identify recipients of a food to prevent or mitigate a foodborne illness outbreak or to address credible threats of serious adverse health consequences or death to humans or animals as a result of such food being adulterated under section 402 of the Federal Food, Drug, and Cosmetic Act or misbranded under section 403(w) of the Federal Food, Drug, and Cosmetic Act; and
( c ) The waiver will not otherwise be contrary to the public interest.
**Exhibit 32**
**SECTION 1350 CERTIFICATION OF CHIEF EXECUTIVE OFFICER AND CHIEF FINANCIAL OFFICER**
     I, Thian Hoo Tan, certify, pursuant to 18 U.S.C. Section 1350, as adopted pursuant toSection 906 of the Sarbanes-Oxley Act of 2002, that the Quarterly Report of Komag, Incorporated onForm 10-Q for the quarterly period ended April 3, 2005 fully complies with the requirements ofSection 13(a) or 15(d) of the Securities Exchange Act of 1934 and that information contained insuch Form 10-Q fairly presents in all material respects the financial condition and results ofoperations of Komag, Incorporated.         BY: /s/ Thian Hoo Tan    Thian Hoo Tan   Chief Executive Officer   
     I, Kathleen A. Bayless, certify, pursuant to 18 U.S.C. Section 1350, as adopted pursuant toSection 906 of the Sarbanes-Oxley Act of 2002, that the Quarterly Report of Komag, Incorporated onForm 10-Q for the quarterly period ended April 3, 2005 fully complies with the requirements ofSection 13(a) or 15(d) of the Securities Exchange Act of 1934 and that information contained insuch 10-Q fairly presents in all material respects the financial condition and results ofoperations of Komag, Incorporated.                                                    BY: /s/ Kathleen A. Bayless    Kathleen A. Bayless   Chief Financial Officer   
     This certification accompanies this Report on Form 10-Q pursuant to Section 906 of theSarbanes-Oxley Act of 2002 and shall not, except to the extent required by such Act, be deemedfiled by Komag, Incorporated for purposes of Section 18 of the Security Exchange Act of 1934, asamended. A signed original of this written statement required by Section 906 has been provided toKomag, Incorporated and will be retained by Komag, Incorporated and furnished to the Securities andExchange Commission or its staff upon request.
State of New York

Supreme Court, Appellate Division

Third Judicial Department

Decided and Entered: July 2, 2015 519994 

________________________________

In the Matter of the Claim of

HENRY BELLO,

Appellant.

MEMORANDUM AND ORDER

COMMISSIONER OF LABOR,

Respondent.

________________________________

Calendar Date: May 5, 2015

Before: Lahtinen, J.P., Egan Jr., Lynch and Clark, JJ.

__________

Law Offices of David Wims, New York City (David C. Wims of

counsel), for appellant.

Eric T. Schneiderman, Attorney General, New York City

(Linda D. Joseph of counsel), for respondent.

__________

Appeal from a decision of the Unemployment Insurance Appeal

Board, filed January 3, 2014, which ruled that claimant was

disqualified from receiving unemployment insurance benefits

because he voluntarily left his employment without good cause.

Decision affirmed. No opinion.

Lahtinen, J.P., Egan Jr., Lynch and Clark, JJ., concur.
-2- 519994 

ORDERED that the decision is affirmed, without costs.

ENTER:

Robert D. Mayberger

Clerk of the Court
<TABLE> <S> <C>


<ARTICLE>                     5
       
<S>                             <C>
<PERIOD-TYPE>                   6-MOS
<FISCAL-YEAR-END>                    SEP-30-1997
<PERIOD-START>                       OCT-01-1996
<PERIOD-END>                         MAY-31-1997
<CASH>                                         240,768
<SECURITIES>                                   0
<RECEIVABLES>                                  0
<ALLOWANCES>                                   0
<INVENTORY>                                    0
<CURRENT-ASSETS>                               240,768
<PP&E>                                         0
<DEPRECIATION>                                 0
<TOTAL-ASSETS>                                 240,768
<CURRENT-LIABILITIES>                          7,422
<BONDS>                                        0
<PREFERRED-MANDATORY>                          0
<PREFERRED>                                    0
<COMMON>                                       1,439,559
<OTHER-SE>                                     (1,206,213)
<TOTAL-LIABILITY-AND-EQUITY>                   240,768
<SALES>                                        0
<TOTAL-REVENUES>                               0
<CGS>                                          0
<TOTAL-COSTS>                                  6,522
<OTHER-EXPENSES>                               0
<LOSS-PROVISION>                               0
<INTEREST-EXPENSE>                             (3,262)
<INCOME-PRETAX>                                (3,620)
<INCOME-TAX>                                   0
<INCOME-CONTINUING>                            (3,620)
<DISCONTINUED>                                 0
<EXTRAORDINARY>                                0
<CHANGES>                                      0
<NET-INCOME>                                   (3,620)
<EPS-PRIMARY>                                  0
<EPS-DILUTED>                                  0
        


</TABLE>
§ 1.1380 What process applies to a petition requesting modified requirements or an exemption? ( a ) In general, the procedures set forth in § 10.30 of this chapter govern FDA's response to a petition requesting modified requirements or an exemption. An interested person may submit comments on such a petition in accordance with § 10.30(d) of this chapter.
( b ) Under § 10.30(h)(3) of this chapter, FDA will publish a notice in the Federal Register requesting information and views on a submitted petition, including information and views from persons who could be affected by the modified requirements or exemption if we granted the petition.
( c ) Under § 10.30(e)(3) of this chapter, we will respond to the petitioner in writing, as follows: ( 1 ) If we grant the petition either in whole or in part, we will publish a notice in the Federal Register setting forth any modified requirements or exemptions and the reasons for them.
( 2 ) If we deny the petition (including a partial denial), our written response to the petitioner will explain the reasons for the denial.
( d ) We will make readily accessible to the public, and periodically update, a list of petitions requesting modified requirements or exemptions, including the status of each petition (for example, pending, granted, or denied).
#### § 2245.505 Who in the Corporation determines that a recipient who is an individual violated the requirements of this part?

The Corporation's Chief Executive Officer or designee is authorized to make the determination under 2 CFR 182.500.
§ 3186.20 Does this part apply to me? This part and, through this part, pertinent portions of the OMB guidance in Subparts A through F of 2 CFR part 182 (see table at 2 CFR 182.115(b)) apply to you if you are a— ( a ) Recipient of an IMLS grant or cooperative agreement; or
( b ) IMLS awarding official.
§ 1128.1 Purpose of this part. ( a ) This part specifies standard wording of general terms and conditions concerning financial and program management, including recipients' financial management systems, payments, cost sharing or matching, program income, budget and program revisions, audits, allowable costs, and periods of availability of funds.
( b ) It thereby implements OMB guidance in the following portions of 2 CFR part 200, as they apply to general terms and conditions of grants and cooperative agreements: ( 1 ) Sections 200.80, 200.209, and 200.302 through 200.309;
( 2 ) Sections 200.301 and 200.328, as they relate to associations between financial data and performance accomplishments and reporting; and
( 3 ) Subparts E and F.
Exhibit 32.1

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 Quarterly Report of Calgon Carbon Corporation (the Company) on Form 10-Q/A for the period ended
September 30, 2005 as filed with the Securities and Exchange Commission on the date hereof (the Report), I, John S. Stanik, Chief Executive 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 to the best of my 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 result of operations of the Company for the periods presented therein.



|                       
|-----------------------
|/s/ John S. Stanik     
|Chief Executive Officer
|March 27, 2006         

This certification accompanies this Report pursuant to Section 906 of the Sarbanes-Oxley Act of 2002 and
shall not, except to the extent required by the Sarbanes-Oxley Act of 2002, be deemed filed by the Company for purposes of Section 18 of the Securities Exchange Act of 1934, as amended.
§ 710.4 Policy. ( a ) It is the policy of DOE to provide for the security of its programs in a manner consistent with traditional American concepts of justice and fairness. To this end, the Secretary has established procedures that will afford those individuals described in § 710.2 the opportunity for administrative review of questions concerning their eligibility for access authorization or eligibility to hold a sensitive position.
( b ) It is also the policy of DOE that none of the procedures established for determining eligibility for access authorization or eligibility to hold a sensitive position shall be used for an improper purpose, including any attempt to coerce, restrain, threaten, intimidate, or retaliate against individuals for exercising their rights under any statute, regulation or DOE directive. Any DOE officer or employee violating, or causing the violation of this policy, shall be subject to appropriate disciplinary action.
[89 FR 59595, July 23, 2024]
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Exhibit 31.1

CERTIFICATION UNDER SECTION 302 OF THE
SARBANES-OXLEY ACT OF 2002

CERTIFICATION OF CHIEF EXECUTIVE OFFICER

I, Richard Leeds, Chief Executive Officer of Systemax Inc., certify that:

1. I have reviewed the annual report for the year ended December 31, 2003 on
Form 10-K as amended by Amendment No. 1 on Form 10-K/A of Systemax Inc. (the
"registrant");

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 13a-15(e) and 15d-15(e)) for the registrant and (except as
disclosed in Item 9A of this Form 10K as amended by Amendment No. 1 on Form-K/A)
we have:

a) designed such disclosure controls and procedures, or caused
such disclosure controls and procedures to be designed under our supervision, to
reasonably ensure that material information relating to the registrant,
including its consolidated subsidiaries, is made known to us by others within
these entities, particularly during the period in which this annual 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 fourth fiscal quarter
that has materially affected, or is reasonably likely to materially affect, the
registrant's control over financial reporting.

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 the registrant's board of
directors:

a) all significant deficiencies and material weaknesses in the design or
operation of internal control over financial reporting known to me 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.

Date: April 15, 2005

/s/ RICHARD LEEDS
Richard Leeds, Chief Executive Officer
§ 200.303 Internal controls. The non-Federal entity must: ( a ) Establish and maintain effective internal control over the Federal award that provides reasonable assurance that the non-Federal entity is managing the Federal award in compliance with Federal statutes, regulations, and the terms and conditions of the Federal award. These internal controls should be in compliance with guidance in “Standards for Internal Control in the Federal Government” issued by the Comptroller General of the United States or the “Internal Control Integrated Framework”, issued by the Committee of Sponsoring Organizations of the Treadway Commission (COSO).
( b ) Comply with the U.S. Constitution, Federal statutes, regulations, and the terms and conditions of the Federal awards.
( c ) Evaluate and monitor the non-Federal entity's compliance with statutes, regulations and the terms and conditions of Federal awards.
( d ) Take prompt action when instances of noncompliance are identified including noncompliance identified in audit findings.
( e ) Take reasonable measures to safeguard protected personally identifiable information and other information the Federal awarding agency or pass-through entity designates as sensitive or the non-Federal entity considers sensitive consistent with applicable Federal, State, local, and tribal laws regarding privacy and responsibility over confidentiality.
IV 

House Calendar No. 39 

115TH CONGRESS 

1ST SESSION H. RES. 254 

[Report No. 115–88] 

Providing for further consideration of the bill (H.R. 1628) to provide for 

reconciliation pursuant to title II of the concurrent resolution on the 

budget for fiscal year 2017. 

IN THE HOUSE OF REPRESENTATIVES 

APRIL 6, 2017 

Mr. SESSIONS, from the Committee on Rules, reported the following resolution; which was referred to the House Calendar and ordered to be printed 

RESOLUTION 

Providing for further consideration of the bill (H.R. 1628) 

to provide for reconciliation pursuant to title II of the 

concurrent resolution on the budget for fiscal year 2017. 

1 Resolved, That during further consideration of the bill 

2 (H.R. 1628) to provide for reconciliation pursuant to title 

3 II of the concurrent resolution on the budget for fiscal 

4 year 2017, as amended, pursuant to House Resolution 

5 228, the further amendment printed in the report of the 

6 Committee on Rules accompanying this resolution shall be 

7 considered as adopted. 

mstockstill on DSK3G9T082PROD with BILLS

House Calendar No. 39 

115TH CONGRESS 

1ST SESSION H. RES. 254 

[Report No. 115–88] 

RESOLUTION 

Providing for further consideration of the bill (H.R. 

for fiscal year 2017. title II of the concurrent resolution on the budget 1628) to provide for reconciliation pursuant to 

APRIL 6, 2017 

Referred to the House Calendar and ordered to be 

printed 

mstockstill on DSK3G9T082PROD with BILLS
Exhibit 32.2

                  CERTIFICATION OF PRINCIPAL FINANCIAL OFFICER
                       PURSUANT TO 18 U.S.C. SECTION 1350

         In connection with the accompanying Quarterly Report on Form 10-QSB of
Velocity Asset Management, Inc. for the three months ended March 31, 2004, I, W.
Peter Ragan Jr., Chief Financial Officer of Velocity Asset Management, Inc., do
hereby 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 and
belief, that:

                  (1) such Quarterly Report on Form 10-QSB for the three months
                  ended March 31, 2004, 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 such Quarterly Report on Form
                  10-QSB for the three months ended March 31, 2004, fairly
                  presents, in all material respects, the financial condition
                  and results of operations of Velocity Asset Management, Inc.

                                             /s/ W. PETER RAGAN JR.
                                             -------------------------------
                                             W. Peter Ragan Jr.
                                             Chief Financial Officer


August 17, 2004

                                       22