alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
**Exhibit 31.1**
**CERTIFICATION**
PRINCIPAL EXECUTIVE OFFICER’S CERTIFICATION:
I, Steven W. Caple, certify that:
 1. I have reviewed this Annual Report.  2. Based on my knowledge, this Annual Report does not containany untrue statement of a material fact or omit to state a materialfact necessary to make the statements made, in light of thecircumstances under which such statements were made, not misleadingwith respect to the period covered by this Annual Report.  3. Based on my knowledge, the financial statements, and otherfinancial information included in this Annual Report, fairly presentin all material respects the financial condition, results ofoperations and cash flows of the registrant as of, and for, theperiods presented in this Annual Report.  4. The registrant’s other certifying officers and I areresponsible for establishing and maintaining disclosure controls andprocedures (as defined in Securities 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 designedunder our supervision, to ensure that material informationrelating to the registrant, including its consolidatedsubsidiaries, is made known to us by others within thoseentities, particularly during the period in which this AnnualReport is being prepared;
b) evaluated the effectiveness of the registrant’s disclosurecontrols and procedures and presented in this Annual Reportour conclusions about the effectiveness of the disclosurecontrols and procedures, as of the end of the period coveredby this Annual Report, based on such evaluation; and
c) disclosed in this report any change in the registrant’sinternal control over financial reporting that occurredduring the registrant’s most recent fiscal quarter) that hasmaterially affected, or is reasonably likely to materiallyaffect, the registrant’s internal control over financialreporting.
 5. The registrant’s other certifying officers and I havedisclosed, based on our most recent evaluation of internal controlover financial reporting, to the registrant’s auditors and the AuditCommittee of the registrant’s Board of Directors (or persons performingthe equivalent function):
a) all significant deficiencies and material weaknesses inthe design or operation of internal control over financialreporting which are reasonably likely to adversely affect theregistrant’s ability to record, process, summarize and reportfinancial information; and
b) any fraud, whether or not material, that involvesmanagement or other employees who have a significant role inthe registrant’s internal control over financial reporting.   Date: September 24, 2004   /s/ Steven W. Caple   Steven W. Caple President (Principal Executive Officer)
EX-10.4



 Exhibit 10.4 

CONSENT, AGREEMENT AND AFFIRMATION OF GUARANTY AND PLEDGE AND SECURITY AGREEMENT 

Each of the undersigned Guarantors hereby consents to the terms of the foregoing Amendment and agrees that the terms of the Amendment shall not impair or
limit in any way its obligations and liabilities under any Loan Document (as such Loan Documents are amended or otherwise expressly modified by the Amendment), all of which obligations and liabilities shall remain in full force and effect and each
of which is hereby reaffirmed (as amended or otherwise expressly modified by the Amendment). The Guarantors hereby confirm that the security interests and Liens granted pursuant to the Loan Documents continue to secure the Obligations (including the
Local Credit Facility Obligations), as such Obligations may be modified pursuant to the foregoing Amendment, and that such security interests and Liens remain in full force and effect. 

 

			
	JARDEN CORPORATION
		
	By:	 	 /s/ John E. Capps

	Name:	 	John E. Capps
	Title:	 	Executive Vice President, General Counsel and Secretary
	
	ALLTRISTA PLASTICS LLC
	AMERICAN HOUSEHOLD, INC.
	AUSTRALIAN COLEMAN, INC.
	BICYCLE HOLDING, INC.
	BRK BRANDS, INC.
	CC OUTLET, INC.
	COLEMAN INTERNATIONAL HOLDINGS, LLC
	COLEMAN WORLDWIDE CORPORATION
	ENVIROCOOLER, LLC
	FIRST ALERT, INC.
	HEARTHMARK, LLC
	HOLMES MOTOR CORPORATION
	JARDEN ACQUISITION I, LLC
	JARDEN ZINC PRODUCTS, LLC
	JT SPORTS LLC
	K-2 CORPORATION
	KANSAS ACQUISITION CORP.
	L.A. SERVICES, INC.
	LASER ACQUISITION CORP.
	LEHIGH CONSUMER PRODUCTS LLC
	LIFOAM HOLDINGS, LLC
	LIFOAM INDUSTRIES, LLC
	LIFOAM PACKAGING SOLUTIONS, LLC
	LOEW-CORNELL, LLC
	MARKER VOLKL USA, INC.
	MARMOT MOUNTAIN, LLC
	MIKEN SPORTS, LLC
	NIPPON COLEMAN, INC.
	OUTDOOR SPORTS GEAR, INC.









 
			
	OUTDOOR TECHNOLOGIES CORPORATION
	PENN FISHING TACKLE MFG. CO.
	PURE FISHING, INC.
	QMC BUYER CORP.
	QUICKIE HOLDINGS, INC.
	QUICKIE MANUFACTURING CORPORATION
	QUOIN, LLC
	RAWLINGS SPORTING GOODS COMPANY, INC.
	SEA STRIKER, LLC
	SHAKESPEARE COMPANY, LLC
	SHAKESPEARE CONDUCTIVE FIBERS, LLC
	SI II, INC.
	SITCA CORPORATION
	SUNBEAM AMERICAS HOLDINGS, LLC
	SUNBEAM PRODUCTS, INC.
	THE COLEMAN COMPANY, INC.
	THE UNITED STATES PLAYING CARD COMPANY
	USPC HOLDING, INC.
		
	By:	 	 /s/ John E. Capps

	Name:	 	John E. Capps
	Title:	 	Vice President
Administrative Offices Civil and Family Division Criminal Division Jury Office (512) 854

- 9457 (512) 854

- 9457 (512) 854

- 9420 (512) 854

- 9669 fax: 854

- 4744 fax: 854

- 9549 fax: 854

- 4566 fax: 854

- 4457 

# Amalia Rodriguez - Mendoza Travis County District Clerk Travis County Courthouse Complex P.O. Box 1748 Austin, Texas 78767

May 1 5 , 2015
Mr. Jeffrey D. Kyle Third Court of Appeals P.O. BOX 12547 Austin, Texas 787 11

- 2547 Dear Mr. Kyle;
Re: D

- 1

- GN

- 14

- 0 05380
A clerk’s record in cause number D

- 1

- GN

- 14

- 005380 STATE OF TEXAS VS DR. BEHZAH NAZARI D.D.S., D/B/A ANTOINE DENTAL CENTER, ET AL was due in your office on MAY 8 , 2015 . This office received payment on May 14 , 2015; therefore we are requesting an exte nsion of 5 days to file this record.

. If you have any question please contact me at (512) 854

- 5880.
Thank you, Sincerely, Patsy Ybarra Deputy Court Clerk, (512) 854

- 5880 cc: Court file
#### § 9.6 Rate for night service.

The rate of extra compensation for authorized overtime services performed at night on any week day is hereby fixed at one half the gross daily rate of regular pay of the employee who performs the services for each 2 hours of compensable time, any fraction of 2 hours amounting to at least one hour to be counted as 2 hours. In computing the amount earned, each 2 hours is the time period for the purpose of computation, at least one hour means the minimum service in each period for which extra pay may be granted. If service continues beyond a 2 hour period, it must extend for at least one hour into the following 2 hour period to be entitled to extra pay for the second period. When the overtime extends beyond 5 p.m., payment of extra compensation from 5 p.m. for services consisting of at least one hour is authorized, even though such services may not actually begin until 7 p.m., 9 p.m., or later: *Provided,* That the officer rendering the service remained on duty from 5 p.m., in which case the time between 5 p.m., and the time of beginning the actual service shall be computed as waiting time; and where the actual services begin as late as 9 p.m., there should be an affirmative statement that the officer was required to remain on duty between 5 p.m. and 9 p.m., if a charge for waiting time is made. The maximum amount of extra compensation which may be paid an employee for services during one night shall not exceed two and one-half times the gross daily rate of his regular pay.
#### Nancy C. Weston, *Appellant, v.*Brayton Ives, Respondent.

Judgment affirmed, witb costs. Opinion by

Ingalls, J.
IN THE

TENTH COURT OF APPEALS

No. 10

- 10

- 00036

- CV

IN RE SMITHTEX, LLP, SMITH PROPERTIES, LL P,

STEVEN F. SMITH, STU ART N. R. SMITH, NOR MAN L. SMITH

Original Proceeding

MEMORANDUM OPINION

The petition f or writ of mandamus is denied.

REX D. DA VIS

Justice

Before Chief Justice Gray,

Justice Reyna , and

Justice Davis

Petition denied

Opinion delivered and filed February 10, 2010

[ OT06]
<PAGE>   1
                                                                     EXHIBIT 24G

                           SPECIAL POWER OF ATTORNEY

     KNOW ALL MEN BY THESE PRESENTS, that the undersigned, constitutes and 
appoints JOSEPH HINES and BRADLEY C. ANDERSON, and each of them, his true and 
lawful attorney-in-fact and agent with full power of substitution and 
resubstitution, for him and in his name, place and stead, in any and all 
capacities, to sign the Annual Report on Form 10-K for the fiscal year ended 
July 31, 1998, for filing with the Securities and Exchange Commission by Zila, 
Inc., a Delaware corporation, together with any and all amendments to such Form 
10-K, and to file the same with all exhibits thereto, and all documents in 
connection therewith, with the Securities and Exchange Commission, granting to 
such attorneys-in-fact and agents, and each of them, full power and authority 
to do and perform each and every act and thing requisite and necessary to be 
done in and about the premises, as fully and to all intents and purposes as he 
might or could do in person, hereby ratifying and confirming all that such 
attorneys-in-fact and agents, or each of them, may lawfully do or cause to be 
done by virtue hereof.

DATED: October 27, 1998

                                        /s/ CURTIS M. ROCCA III
                                        ---------------------------
                                            CURTIS M. ROCCA III

STATE OF ARIZONA
                         ss.
County of Maricopa

     On this 27th day of October, 1998, before me, the undersigned Notary 
Public, personally appeared CURTIS M. ROCCA III, known to me to be the person 
whose name is subscribed to the within instrument and acknowledged that he 
executed the same for the purposes therein contained.
     
     IN WITNESS WHEREOF, I hereunto set my hand and official seal.

                                        /s/ JANICE BACKUS
                                        ---------------------------
                                            Notary Public

My commission expires:

October 23, 2001
<PAGE>
                                                                    EXHIBIT 23.1

                         CONSENT OF INDEPENDENT AUDITORS

The Board of Directors
FirstCity Financial Corporation:

We consent to incorporation by reference in the registration statements (Numbers
333-10345, 333-48671, 333-59333, 333-00623 and 33-09485) on Forms S-3 and S-8 of
FirstCity Financial Corporation, of our report dated February 17, 2003, with
respect to the consolidated balance sheets of FirstCity Financial Corporation
and subsidiaries as of December 31, 2002 and 2001, and the related consolidated
statements of operations, stockholders' equity and comprehensive loss, and cash
flows for each of the years in the three-year period ended December 31, 2002,
which report appears in the December 31, 2002 annual report on Form 10-K of
FirstCity Financial Corporation. Our report refers to a change in the
classification of gains associated with the early extinguishment of debt in 2002
and a change in the method of accounting for residual interests in securitized
financial assets in 2001.


KPMG LLP

Dallas, Texas
April 15, 2003
§ 76.35-15 Operation and installation. ( a ) The system must be so arranged and installed that the presence of a fire may be reported from any of the protected spaces and be automatically registered visibly and audibly in the pilothouse or fire control station. The visible notice must indicate the zone in which the alarm originated. There must also be an audible alarm in the engine room.
( b ) The manual alarm stations, cabinet, and alarms must be of an approved type.
( c ) The manual alarm system must be used for no other purpose, except that it may be incorporated with the fire detection system.
( d ) All wiring and electrical circuits and equipment must meet the applicable requirements of subchapter J (Electrical Engineering) of this chapter.
( e ) A framed chart or diagram must be installed in the wheelhouse or control station adjacent to the detection cabinet indicating the location of the various detection zones and giving instructions for the operation, maintenance, and testing of the system. This chart, or a separate booklet to be kept near the chart, must have tabulated spaces for the date and signature of the licensed officer of the vessel who must witness or conduct the periodic tests.
( f ) The manual alarm stations and bells must be identified as required by § 78.47-10 of this subchapter.
[CGFR 65-50, 30 FR 16940, Dec. 30, 1965, as amended by USCG-2012-0196, 81 FR 48259, July 22, 2016]
<TABLE> <S> <C>

<ARTICLE> 5
       
<S>                             <C>
<PERIOD-TYPE>                   12-MOS
<FISCAL-YEAR-END>                          DEC-31-1996
<PERIOD-END>                               DEC-31-1996
<CASH>                                          59,334
<SECURITIES>                                         0
<RECEIVABLES>                                        0
<ALLOWANCES>                                         0
<INVENTORY>                                          0
<CURRENT-ASSETS>                                     0
<PP&E>                                      35,656,555
<DEPRECIATION>                              10,933,587
<TOTAL-ASSETS>                              25,557,744
<CURRENT-LIABILITIES>                        1,155,851
<BONDS>                                     19,353,961
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                             0
<OTHER-SE>                                   3,654,633
<TOTAL-LIABILITY-AND-EQUITY>                25,557,744
<SALES>                                              0
<TOTAL-REVENUES>                             2,623,647
<CGS>                                                0
<TOTAL-COSTS>                                1,373,076
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                           1,773,685
<INCOME-PRETAX>                            (2,114,935)
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                        (2,114,935)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                               (2,114,935)
<EPS-PRIMARY>                                  (82.24)
<EPS-DILUTED>                                        0
        

</TABLE>
#### Diebold Safe & Lock Company, Plaintiff in Error, v. Luqueer, Defendant in Error.

Appellate Practice.

The findings of the court below, being warranted by testimony, its judgment is affirmed.

*JError to the County Court of Pueblo County.*

Mr. H. P. Vories, for plaintiff in error.

Messrs. Arrington & McAliney, for defendant in error.

Reed, J.,

delivered the opinion of the court.

Plaintiff in error was a foreign corporation engaged in the manufacture of safes, locks, etc., selling its wares through agents at different points. One Daniel Wood was acting as agent at Pueblo. Defendant in error was 'engaged in the business of hauling, handling and transferring goods. In the conduct of such business he sometimes advanced for the consignee freight charges, took the bills of lading, delivered the goods to the consignee and presented the freight bills for collection. He handled the goods of plaintiff in error consigned to Wood for a long time. Wood died and after his death defendant in error claimed a balance of about $50.00 due from plaintiff of which about $30.00 was for hauling and transferring goods from railroad to Wood, consignee, and $20.00 for money advanced for freight remaining unpaid. Suit was brought by attachment and the writ levied upon a safe of plaintiff, remaining of the stock sent to Wood. The case was tried to the court without a jury, judgment for plaintiff below (defendant in error), for $50.55.

It is contended that Wood was not the agent of plaintiff in error but the sub-agent appointed by the general agents' in Denver. Evidence in regard to the agency was conflict*431ing. The goods were shipped from the factory of the plaintiff in error, in Ohio, direct to Wood as consignee. The goods remaining after-the death of Wood were claimed as the goods of plaintiff. The bill of defendant in error grew out of advances for freight and handling the goods; the correctness of the bill was not seriously questioned. The court found that Wood was the agent of the plaintiff and was warranted in so finding. The proceeding being an attachment of the same goods on which the charges accrued, they should have been subjected to its payment regardless of whose agent Wood was, leaving the manufacturer and the general 'agent to adjust matters. There was sufficient evidence in the manner of doing business to warrant the finding of the agency, and subjecting the property to the payment of its own expenses.

It is also claimed that, admitting the agency, the agent had no authority to borrow money ($20.00 advanced as freight). There was no borrowing, the money was advanced directly in the line of business in delivering the goods to the consignee in accordance, with the shipping bill of the plaintiff.

Several errors are assigned but they are technical and cannot affect the result. The judgment must be affirmed.

*Affirmed.*
|                                 | NATIONAL PENN BANCSHARES, INC.                              |
|--------------------------------------|-------------------------------------------------------------|
|                                 |                                                        |
|                                 |                                                        |
|                                 | By: /s/ Scott V. Fainor                                     |
|                                 | Name:   Scott V. Fainor                      |
|                                 | Title:      President and CEO |
|                                 |                                                        |
|                                 |                                                        |
|                                 | NATIONAL PENN BANK                                          |
|                                 |                                                        |
|                                 | By: /s/ Scott V. Fainor                                     |
|                                 | Name:  Scott V. Fainor                            |
|                                 | Title:     President and CEO       |
|                                 |                                                        |
| Witness:  /s/ Nancy Alaimo | /s/ Keene S. Turner                                         |
|                                 | Keene S. Turner                                             |

----
<TABLE> <S> <C>

<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM AVIALL,
INC'S FIRST QUARTER 1997 FINANCIAL STATEMENTS AND IS QUALIFIED IN ITS ENTIRETY
BY REFERENCE TO SUCH FIRST QUARTER 1997 FORM 10-Q.
</LEGEND>
<MULTIPLIER> 1,000
       
<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                          DEC-31-1997
<PERIOD-START>                             JAN-01-1997
<PERIOD-END>                               MAR-31-1997
<CASH>                                           7,396
<SECURITIES>                                         0
<RECEIVABLES>                                   58,151
<ALLOWANCES>                                     5,012
<INVENTORY>                                     71,492
<CURRENT-ASSETS>                               147,714
<PP&E>                                          40,540
<DEPRECIATION>                                  32,448
<TOTAL-ASSETS>                                 254,914
<CURRENT-LIABILITIES>                           82,905
<BONDS>                                         39,565
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                           196
<OTHER-SE>                                     101,061
<TOTAL-LIABILITY-AND-EQUITY>                   254,914
<SALES>                                         91,682
<TOTAL-REVENUES>                                91,682
<CGS>                                           68,638
<TOTAL-COSTS>                                   63,638
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                 734
<INCOME-PRETAX>                                  7,555
<INCOME-TAX>                                       612
<INCOME-CONTINUING>                              6,943
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                     6,943
<EPS-PRIMARY>                                     0.35
<EPS-DILUTED>                                        0
        

</TABLE>
**EXHIBIT ITEM 11**

 

Statement Reference Computation of Per ShareEarnings

 

Primary earnings per share amounts were computed on the basis of theweighted average number of shares of common stock during the year. The weightedaverage number of shares used for this computation was 1,614,196, 1,576,589,1,528,268, 1,483,493 and 1,469,489, in 2005, 2004, 2003, 2002, and 2001,respectively.

 

Fully diluted earnings per share amounts werecomputed on the basis of the weighted average number of shares of common stockand common stock equivalents outstanding during the year. Common stockequivalents include employee stock options. The weighted average number ofshares used for this computation was 1,923,532, 1,919,512, 1,796,859, 1,744,082and 1,701,827, in 2005, 2004, 2003,2002, and 2001, respectively.

 

----
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



Pursuant to Section 906 of the Sarbanes-Oxley Act of 2002 (Section 1350 of Chapter 63 of Title 18 of the United States Code), each of the undersigned officers of GSI Commerce, Inc. (the Company), does hereby certify with respect
to the Annual Report on Form 10-K/A for the period ended January 1, 2005 (the Report) 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.



|    |  |                                         
|--- |  | ----------------------------------------
|    | 
|By: |  | /s/ Michael G. Rubin                    
|    |  | Michael G. Rubin                        
|    |  | Co-President and Chief Executive Officer



May 6, 2005



|    |  |                        
|--- |  | -----------------------
|    | 
|By: |  | /s/ Jordan M. Copland  
|    |  | Jordan M. Copland      
|    |  | Chief Financial Officer



May 6, 2005



The foregoing certification is being furnished solely pursuant to Section 906 of the
Sarbanes-Oxley Act of 2002 (Section 1350 of Chapter 63 of Title 18 of the United States Code) and is not being filed as part of the Report or as a separate disclosure document.