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

                                                                    EXHIBIT 4.40
                             [Form of Certificate]

                                  WAM!NET INC.

                             A Minnesota Corporation



No. __                                                   _____ Shares of Class G
                                                     Convertible Preferred Stock

     This certifies that _____________ is the registered holder of Shares of
Class G Convertible Preferred Stock, par value $0.01 per share (see reverse
side), transferable only on the books of the Corporation by the holder hereof in
person or by Attorney upon surrender of this Certificate properly endorsed.

     IN WITNESS WHEREOF, the said Corporation has caused this Certificate to be
signed by its duly authorized officers this _____ day of March, 2000.



                                       -----------------------------------------
                                       Gary L. Hokkanen, President



                                       -----------------------------------------
                                       Edward J. Driscoll, Jr., Secretary
<PAGE>

     The Class G Convertible Preferred Stock has the rights and preferences as
set forth in the Certificate of Designation of Class G Preferred Stock as filed
of record with the Minnesota Secretary of State on March 6, 2000.

     The securities evidenced hereby are subject to the terms of that certain
Stockholders Agreement, dated as of February 18, 2000, by and among the
Corporation and Buyers listed on Schedule 1.1, including certain restrictions on
transfer. A copy of this Agreement has been filed with the Secretary of the
Corporation and is available upon request. The securities evidenced hereby have
not been registered under the Securities Act of 1933, as amended (the "Act") and
may not be resold, transferred or otherwise disposed of other than in a
transaction exempt from, or not subject to, the registration requirements of the
Act or pursuant to an effective registration statement thereunder.



     For value received, _____________________________________ does hereby sell,
assign and transfer unto __________________________________________ Shares
represented by the within Certificate and does hereby irrevocably constitute and
appoint ___________________________________ Attorney to transfer the said Shares
on the books of the within named Corporation with full power of substitution in
the premises.



Dated:  _____________________



                                       -----------------------------------------

Note: The signature on this assignment must correspond with the name as written
upon the face of the Certificate, in every particular, without alteration or
enlargement or any change whatever.


                                       2.
**Exhibit 31.2****CERTIFICATION**I, George E. Mileusnic, certify that:     1. I have reviewed this annual report on Form 10-K of Caribou Coffee Company, Inc.     2. Based on my knowledge, this report does not contain any untrue statement of a material factor omit to state a material fact necessary to make the statements made, in light of thecircumstances under which such statements were made, not misleading with respect to the periodcovered by this report;     3. Based on my knowledge, the financial statements, and other financial information includedin this report, fairly present in all material respects the financial condition, results ofoperations 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 andmaintaining disclosure controls and procedures (as defined in Exchange Act Rules 13a-15(e) and15d-15(e)) for the registrant and have:     (a) Designed such disclosure controls and procedures, or caused such disclosure controlsand procedures to be designed under our supervision, to ensure that material informationrelating to the registrant, including its consolidated subsidiaries, is made known to us byothers within those entities, particularly during the period in which this report is beingprepared;     (b) Evaluated the effectiveness of the registrant’s disclosure controls and procedures andpresented in this report our conclusions about the effectiveness of the disclosure controls andprocedures, 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 overfinancial reporting that occurred during the registrant’s most recent fiscal quarter that hasmaterially affected, or is reasonably likely to materially affect, the registrant’s internalcontrol over financial reporting; and     5. The registrant’s other certifying officer and I have disclosed, based on our most recentevaluation of internal control over financial reporting, to the registrant’s auditors and the auditcommittee 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 ofinternal control over financial reporting which are reasonably likely to adversely affect theregistrant’s ability to record, process, summarize and report financial information; and     (b) Any fraud, whether or not material, that involves management or other employees whohave a significant role in the registrant’s internal control over financial reporting.     March 30, 2007           /s/ George E. Mileusnic  George E. Mileusnic    *Chief Financial Officer*
FILED

U.S. COURT OF APPEALS

ELEVENTH CIRCUIT

 JUNE 5, 2008

THOMAS K. KAHN

CLERK

[DO NOT PUBLISH]

IN THE UNITED STATES COURT OF APPEALS

FOR THE ELEVENTH CIRCUIT

________________________

No. 07-15694

Non-Argument Calendar

________________________

D. C. Docket No. 04-60039-CR-WPD

UNITED STATES OF AMERICA, 

Plaintiff-Appellee, 

versus 

THEODIS JONES, 

Defendant-Appellant. 

________________________

Appeal from the United States District Court

for the Southern District of Florida

_________________________

(June 5, 2008)

Before TJOFLAT, ANDERSON and HULL, Circuit Judges.

PER CURIAM:

Philip L. Reizenstein, appointed counsel for Theodis Jones, has filed a

motion to withdraw on appeal supported by a brief prepared pursuant to Anders v.
2

California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967). Our independent

review of the entire record reveals that counsel’s assessment of the relative merit of

the appeal is correct. Because independent examination of the entire record reveals

no arguable issues of merit, counsel’s motion to withdraw is GRANTED, and the

district court’s denial of Jones’s motion to reduce his sentence is AFFIRMED.
Order entered January 23 , 2017

In The 

## Court of Appeals Fifth District of Texas at Dallas

No. 05

- 16

- 00710

- CR

NICHOLAS PHILIP YUKI CH, III, Appellant

V. THE STATE OF TEXAS, Appellee
On Appeal from the 366th Judicial District Court

Collin County, Texas Trial Court Cause No. 366

- 82747

- 2011



### O RDER

The Court GRANTS the January 9, 2017 motion of Mitchell R. Nolte to withdraw as appellant’s retained counsel. We DIRECT the Clerk to remove Mr. Nolte as app ellant’s retained attorney of record.

We ORDER the trial court to conduct a hearing to determine why appellant’s brief has

not been filed.

 The trial court shall first determine whether appella nt desires to pursue the appeal

. If the trial court determines appellant no long er desires to pursue the appeal , the trial court shall make a finding to that effect, and no further findings are necessary.

 If the trial court determines that appellant does wish to pursue the appeal , the trial court shall next determine whether appellant is indigent and entitled to court

appointed counsel. If appellant is indigent, we ORDER the trial court to appoint counsel to represent him. If appellant is not indigent, the trial court sh all determine whether appellant has made the necessary arrangements for filing a brief.

We ORDER the trial court to transmit a record containing the written findings of fact, any supporting documentation, and any orders to this Court within THIRTY DAYS of the date

of this order.

This appeal is ABATED to allow the trial court to comply with this order. It shall be reinstated thirty days from the date of this order or when the supplemental record is received,

whichever is earlier.

/s/ LANA MYERS JUSTICE
Exhibit 31

                           Long Beach Securities Corp.

                              OFFICER'S CERTIFICATE

                      LONG BEACH MORTGAGE LOAN TRUST 2005-WL1
                            ASSET-BACKED CERTIFICATES
                                  SERIES 2005-WL1

      I, Michael J. Giampaolo, an Executive Vice President of Long Beach
Securities Corp., certify that:

1. I have reviewed this annual report on Form 10-K, and all reports on Form 8-K
containing distribution or servicing reports filed in respect of periods
included in the year covered by this annual report, of Long Beach Mortgage Loan
Trust 2005-WL1, Asset-Backed Certificates, Series 2005-WL1;

2. Based on my knowledge, the information in these reports, taken as a whole,
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 as of the
last day of the period covered by this annual report;

3. Based on my knowledge, the distribution or servicing information required to
be provided to the trustee by the servicer under the pooling and servicing, or
similar, agreement, for inclusion in these reports is included in these reports;

4. Based on my knowledge and upon the annual compliance statement included in
the report and required to be delivered to the trustee in accordance with the
terms of the pooling and servicing, or similar, agreement, and except as
disclosed in the reports, the servicer has fulfilled its obligations under the
servicing agreement; and

5. The reports disclose all significant deficiencies relating to the servicer's
compliance with the minimum servicing standards based upon the report provided
by an independent public accountant, after conducting a review in compliance
with the Uniform Single Attestation Program for Mortgage Bankers or similar
procedure, as set forth in the pooling and servicing, or similar, agreement,
that is included in these reports.

Dated as of March 1, 2006

                                                  /s/ Michael J. Giampaolo
                                                --------------------------------
                                                Michael J. Giampaolo
                                                Executive Vice President and COO
**EXHIBIT 31.1****CHIEF EXECUTIVE OFFICER CERTIFICATION**I, Mitchell C. Hill, Chief Executive Officer of Avanade Inc.(the “Registrant”), certify that:     1. I have reviewed the Registrant’s Annual Report onForm 10-K for theperiod ended September 30, 2006, as filed with theSecurities and Exchange Commission on the date hereof;     2. Based on my knowledge, this annual report does notcontain any untrue statement of a material fact or omit to statea material fact necessary to make the statements made, in lightof the circumstances under which such statements were made, notmisleading with respect to the period covered by this annualreport;     3. Based on my knowledge, the financial statements, andother 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 period presented in this annual report;     4. The Registrant’s other certifying officer and I areresponsible for establishing and maintaining disclosure controlsand procedures (as defined in Exchange ActRules 13a-15(e)and 15d-15(e)) for theRegistrant 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 annual    report our conclusions about the effectiveness of the disclosure    controls and procedures, as of the end of the period covered by    this annual report based on such evaluation; and           c) Disclosed in this annual report any change in the    Registrant’s internal control over financial reporting that    occurred during the Registrant’s most recent fiscal quarter    that has materially affected, or is reasonably likely to    materially affect, the Registrant’s internal control over    financial reporting; and     5. The Registrant’s other certifying officer and Ihave disclosed, based on our most recent evaluation of internalcontrol over financial reporting, to the Registrant’sauditors and the audit committee of Registrant’s board ofdirectors (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 controls over financial reporting.December 12, 2006     /s/ Mitchell C. Hill           Mitchell C. Hill     Chief Executive Officer
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 on Form 10-Q of Sepracor Inc. (the "Company") for the period ended June 30, 2004 as filed
with the Securities and Exchange Commission on the date hereof (the "Report"), the undersigned, Timothy J. Barberich, Chief Executive Officer of the Company, hereby certifies, pursuant to 18 U.S.C.
Section 1350, that:

Date:
August 9, 2004

| |  | /s/TIMOTHY J. BARBERICHTimothy J. Barberich Chief Executive
Officer
| |  | -------------------------------------------------------------------

A signed original of this written statement required by Section 906 has been provided to Sepracor Inc. and will be retained by Sepracor Inc.
and furnished to the Securities and Exchange Commission or its staff upon request.

---



QuickLinks
NOT FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

SURJIT SINGH,

Petitioner,

v.

JEFFERSON B. SESSIONS III, Attorney

General,

Respondent. No. 17

- 70733

Agency No. A096

- 152

- 558

MEMORANDUM *

On Petition for Review of an Order of the

Board of Immigration Appeals

Submitted April 11 , 2018 **

Before: SILVERMAN, PAEZ, and OWENS, Circuit Judges.

Surjit Singh , a native and citizen of India

, petitions for review of the Board

of Immigration Ap peals’ (“BIA”) order denying his motion to reopen removal

proceedings. We have jurisdiction under 8 U.S.C. § 1252. We review for abuse of

discretion the denial of a motion to reopen. Najmabadi v. Holder , 597 F.3d 983,

* This disposition is not appropriate for publication and is not precedent

except as provided by Ninth Circuit Rule 36

- 3.

** The panel unanimously concludes this case is suitable for decision

without oral argument. See Fed. R. App. P. 34(a)(2). 

# FILED

APR 13 2018

MOLLY C. DWYER, CLER K

U.S. COURT OF APPEAL S2 17

- 70733

986 (9th Cir. 2010). We deny the petitio n for review.

T he BIA did not abuse its discretion in denying Singh ’s motion to reopen as

untimely where the motion was filed more than twelve years after the BIA’s final

order, see 8 C.F.R. § 1003.2(c)(2), and where Singh failed to establish a mat er ial

change in circumstances in India to qualify for the regulatory exception to the time

limitatio n for filing a motion to reopen, see 8 C.F.R. § 1003.2(c)(3)(ii); see also

Najmabadi , 597 F.3d at 99 0

- 91 ( petitioner failed to show evidence was

“qualitative ly different” to warrant reopening ); Toufighi v. Mukasey , 538 F.3d 988,

996

- 97 (9th Cir. 2008) ( evidence immaterial in light of prior adverse credibility

determination ). We reject Singh ’s contentions that the BIA failed to consider

evidence.

PETITION FOR REVIEW DENIED.
THE STATE OF SOUTH CAROLINA

In The Supreme Court

The State, Respondent,

v.

Demario Monte Thompson, Petitioner.

Appellate Case No. 2017-001992

ON WRIT OF CERTIORARI TO THE COURT OF APPEALS

Appeal From Lancaster County

Brian M. Gibbons, Circuit Court Judge

Opinion No. 27878

Heard March 28, 2019 – Filed April 3, 2019

CERTIORARI DISMISSED AS IMPROVIDENTLY 

GRANTED

Appellate Defender Joanna K. Delany, of Columbia, for 

Petitioner.

Attorney General Alan McCrory Wilson, Senior 

Assistant Deputy Attorney General Deborah R.J. Shupe,

both of Columbia, and Solicitor Douglas A. Barfield, Jr., 

of Kershaw, all for Respondent.

PER CURIAM: We granted Demario Thompson's petition for a writ of certiorari 

to review the decision of the Court of Appeals in State v. Thompson, 420 S.C. 386, 

803 S.E.2d 44 (Ct. App. 2017). We now dismiss the writ as improvidently granted.
DISMISSED AS IMPROVIDENTLY GRANTED. 

BEATTY, C.J., KITTREDGE, HEARN, FEW and JAMES, JJ., concur.
<TABLE> <S> <C>

<ARTICLE>                                    5
<LEGEND>
THIS  SCHEDULE  CONTAINS  SUMMARY  FINANCIAL   INFORMATION  EXTRACTED  FROM  THE
FINANCIAL  STATEMENTS FOR THE QUARTER ENDED  SEPTEMBER 30, 1997 AND IS QUALIFIED
IN ITS ENTIRETY BY REFERENCE TO SUCH FINANCIAL STATEMENTS.
</LEGEND>
<MULTIPLIER>                                 1,000
       
<S>                                          <C>
<FISCAL-YEAR-END>                            DEC-31-1997
<PERIOD-TYPE>                                9-MOS
<PERIOD-END>                                 SEP-30-1997
<CASH>                                       4,065
<SECURITIES>                                 0
<RECEIVABLES>                                23,270
<ALLOWANCES>                                 1,964
<INVENTORY>                                  23,161
<CURRENT-ASSETS>                             55,698
<PP&E>                                       2,434
<DEPRECIATION>                               3,954
<TOTAL-ASSETS>                               58,396
<CURRENT-LIABILITIES>                        47,813
<BONDS>                                      0
<PREFERRED-MANDATORY>                        0
<PREFERRED>                                  0
<COMMON>                                     44
<OTHER-SE>                                   10,073
<TOTAL-LIABILITY-AND-EQUITY>                 58,396
<SALES>                                      235,227
<TOTAL-REVENUES>                             235,227
<CGS>                                        222,470
<TOTAL-COSTS>                                222,470
<OTHER-EXPENSES>                             19,154
<LOSS-PROVISION>                             0
<INTEREST-EXPENSE>                           1,750
<INCOME-PRETAX>                              (8,807)
<INCOME-TAX>                                 (400)
<INCOME-CONTINUING>                          (8,407)
<DISCONTINUED>                               0
<EXTRAORDINARY>                              0
<CHANGES>                                    0
<NET-INCOME>                                 (8,407)
<EPS-PRIMARY>                                (1.92)
<EPS-DILUTED>                                (1.92)
        

</TABLE>
EXHIBIT 21.1

|                                               |   |                        |
|----------------------------------------------------|--------|-----------------------------|
| Subsidiary                                         |   | State      of Incorporation |
|                                               |   |                        |
| Automotive      Lease Guide (alg), Inc.            |   | Delaware                    |
| Chrome      Systems, Inc.                          |   | Delaware                    |
| Credit      Online, Inc.                           |   | Delaware                    |
| dealerAccess,      Inc.                            |   | Delaware                    |
| DealerTrack      AAX, Inc.                         |   | Delaware                    |
| DealerTrack      Aftermarket Services, Inc.        |   | Delaware                    |
| DealerTrack      Canada, Inc.                      |   | Ontario,      Canada        |
| DealerTrack      Data Services, Inc.               |   | Delaware                    |
| DealerTrack      Digital Services, Inc.            |   | Delaware                    |
| DealerTrack,      Inc.                             |   | Delaware                    |
| DealerTrack      Independent Dealer Services, Inc. |   | Delaware                    |
| DealerTrack      Specialty Solutions, Inc.         |   | Delaware                    |
| DealerTrack      Systems, Inc.                     |   | Delaware                    |
| Trade      Tracker, Inc.                           |   | Delaware                    |
| webalg,      inc.                                  |   | Delaware                    |

 

----
# L_2022109EN.01007401.xml

| 8.4.2022 | EN | Official Journal of the European Union | L 109/74 |
| --- | --- | --- | --- |

8.4.2022

EN

Official Journal of the European Union

L 109/74

---

Corrigendum to Council Decision (CFSP) 2022/338 of 28 February 2022 on an assistance measure under the European Peace Facility for the supply to the Ukrainian Armed Forces of military equipment, and platforms, designed to deliver lethal force

(
  Official Journal of the European Union L 60 of 28 February 2022
  )

On page 3, in Article 4(4), point (n) :

for:

| ‘n) | the State Defence Logistics and Procurement Centre of of Latvia;’, |
| --- | --- |

‘n)

the State Defence Logistics and Procurement Centre of of Latvia;’,

read:

| ‘(n) | the Ministry of Defence of Latvia and the State Defence Logistics and Procurement Centre of Latvia;’. |
| --- | --- |

‘(n)

the Ministry of Defence of Latvia and the State Defence Logistics and Procurement Centre of Latvia;’.

---
No. 59877.

#### Traveler Trading Co. *v.*United States,

protest 262890-K (New York).

*417Opinion by

Olives, C. J.

In accordance with stipulation of counsel that the merchandise consists of compass rings similar in all material respects to those the subject of Abstract 58039, the claim of the plaintiff was sustained.