alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
Exhibit
32.2






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 Dragon International Group
Corp. on Form 10-QSB/A for the period ending September 30, 2006 as filed with
the Securities and Exchange Commission on the date hereof, I, Xiali Gan,
Principal Accounting Officer of the Company, certify, pursuant to 18 U.S.C. ss.
1350, as adopted pursuant to ss. 906 of the Sarbanes-Oxley Act of 2002,
that:




1. The Report 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.






February 12, 2008






By: /s/ Xiali
Gan


Xiali Gan, CFO and Chief Accounting Officer
This memorandum opinion was not selected for publication in the New Mexico Reports. Please 1 see Rule 12-405 NMRA for restrictions on the citation of unpublished memorandum opinions. 2 Please also note that this electronic memorandum opinion may contain computer-generated 3 errors or other deviations from the official paper version filed by the Court of Appeals and does 4 not include the filing date. 5


### IN THE COURT OF APPEALS OF THE STATE OF NEW MEXICO 6 

### JOSHUA MARTINEZ, 7 

### Plaintiff-Appellee, 8



### v. NO. 29,662 9 

### CHERYL ORTIZ, 10 

### Defendant-Appellant. 11


### APPEAL FROM THE DISTRICT COURT OF SANDOVAL COUNTY 12 

### George P. Eichwald, District Judge 13 

### Richard R. Marquez 14 

### Albuquerque, NM 15 

### for Appellee 16 

### Law Office of Steven P. Archibeque 17 

### Steven P. Archibeque 18 

### Albuquerque, NM 19 

### for Appellant 20 

### MEMORANDUM OPINION 21 

### WECHSLER, Judge. 222 

### Summary dismissal was proposed for the reasons stated in the notice of 1 

### proposed disposition. No memorandum oppos ing summary dismissal has been filed, 2 

### and the time for doing so has expired. 3 

### Dismissed. 4 

### IT IS SO ORDERED. 5



### _______________________________ 6 

### JAMES J. WECHSLER, Judge 7 

### WE CONCUR: 8



### _______________________________ 9 

### JONATHAN B. SUTIN, Judge 10



### _______________________________ 11 

### CELIA FOY CASTILLO, Judge 12
Exhibit 31.1

CERTIFICATION PURSUANT TO

SECTION 302(A) OF THE SARBANES-OXLEY ACT OF 2002

I, Seamus Garland, Secretary of Goal Capital Funding, LLC, 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 Goal Capital Funding Trust;

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 servicers under the pooling and servicing, or similar,
agreements, for inclusion in these reports is included in these reports;

4. Based on my knowledge and upon the annual compliance statements included in
the report and required to be delivered to the trustee in accordance with the terms of the pooling and servicing, or similar, agreements, and except as disclosed in the reports, the servicers have fulfilled their obligations under the servicing
agreements; and

5. The reports disclose all significant deficiencies relating to the servicers 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,
agreements, that is included in these reports.

In giving the certifications above, I have reasonably relied on information provided to me by the following
unaffiliated parties: ACS Education Services, Inc., as servicer, Great Lakes Educational Loan Services, Inc., as servicer, and JPMorgan Chase Bank, N.A., as indenture trustee and as eligible lender trustee.



|               |  |  |  |  |  |        |  |                                       
|-------------- |  |  |  |  |  | ------ |  | --------------------------------------
|March 29, 2006 |  |  |  | 
|               |  |  |  | 
|               |  |  |  |  |  | By:    |  | /s/ Seamus Garland                    
|               |  |  |  |  |  | Name:  |  | Seamus Garland                        
|               |  |  |  |  |  | Title: |  | Secretary of Goal Capital Funding, LLC
IN THE UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF PENNSYLVANIA

BONNIE CLIPSON :

: CIVIL ACTION NO. 02-CV-4137

Plaintiff, :

:

v. :

:

BAYER CORPORATION;

BAYER AG;

GLAXOSMITHKLINE, PLC;

GLAXOSMITHKLINE;

SMITHKLINE BEECHAM

:

:

:

:

:

ENTRY OF APPEARANCE

:

Defendants. :

ENTRY OF APPEARANCE

To the Clerk of the Court:

Kindly enter the appearances of Hope S. Freiwald, Aline Fairweather, Erin

Brennan and Kirstin J. Miller as attorneys for defendant SmithKline Beecham Corporation d/b/a

GlaxoSmithKline.

Respectfully Submitted,

_____________________________ _____________________________

Hope S. Freiwald Aline Fairweather

_____________________________ _____________________________

Erin Brennan Kirstin J. Miller

DECHERT PRICE & RHOADS

4000 Bell Atlantic Tower

1717 Arch Street

Philadelphia, PA 19103-2793

(215) 994-4000

Case 2:02-cv-04137-JG Document 9 Filed 09/20/2002 Page 1 of 1
.

EXHIBIT 10.40
​
AMENDMENT TO 
AMENDED AND RESTATED EMPLOYMENT AGREEMENT
​
This AMENDMENT (“Amendment”) to that certain AMENDED AND RESTATED EMPLOYMENT AGREEMENT (the “Employment Agreement”) dated April 1, 2018 by and between EVO Investco, LLC, a Delaware limited liability company (the “Company”), and Michael L. Reidenbach (“Executive”), is made and entered into effective as of February 24, 2021  (the “Effective Date”).
BACKGROUND
​
The Company and Executive mutually desire to amend the Employment Agreement as set forth in this Amendment.
NOW THEREFORE, in consideration of the mutual covenants and agreements set forth herein, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto agree as follows:
1.Section 5.2(a) of the Employment Agreement shall be deleted in its entirety and replaced with the following:
(a)Termination for Cause or at Election of Executive.  If Executive’s employment is terminated for Cause pursuant to Section 5.1(a), or at the election of Executive pursuant to Section 5.1(c), the Company shall pay to Executive the compensation and benefits otherwise payable to him under Section 3 through the last day of his actual employment by the Company (the “Accrued Benefits”).  In addition, if Executive’s employment is terminated at the election of Executive pursuant to Section 5.1(c), all unvested equity and similar grants received by Executive under the EVO Payments, Inc. Amended and Restated 2018 Omnibus Incentive Stock Plan and any similar plan under which senior executive employees of the Company participate shall immediately and fully vest as of the Termination Date provided (i) such Termination Date occurs on or after the date Executive’s age plus length of service under the Employment Agreement and the Prior Agreement (both calculated in completed, whole years) is equal to or greater than the number 70, and (ii) Executive has provided the Company notice of such election not less than six (6) months prior to such Termination Date.
2.Subject to the amendment set forth in Paragraph 1 above, the Employment Agreement shall remain in full force and effect in accordance with its terms.
3.This Amendment may be executed in two or more counterparts, which taken together shall constitute one instrument.
(signatures on following page)



IN WITNESS WHEREOF, the parties have executed this Amendment effective as of the date first above written.
EVO INVESTCO, LLC
​
​
/s/ James G. Kelly





​
By:
Name:  James G. Kelly
Title:  Chief Executive Officer
​
​
​
EXECUTIVE
​
/s/ Michael L. Reidenbach




​
​
Michael L. Reidenbach
* 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. 97-60429

Summary Calendar

 

JERRY D. GRAVES,

Plaintiff-Appellant,

versus

STEVE SIMS; CURTIS L. BANKS,

Defendants-Appellees.

- - - - - - - - - -

Appeal from the United States District Court

for the Northern District of Mississippi

USDC No. 4:96-CV-256-D

- - - - - - - - - -

January 16, 1998

Before WISDOM, DUHÉ, and BARKSDALE, Circuit Judges:

PER CURIAM:*

Jerry D. Graves, a Mississippi prisoner, appeals the

district court’s dismissal of his complaint and imposition of a

sanction barring him from filing future appeals in forma pauperis

(IFP) under 28 U.S.C. § 1915(g). Graves argues that the prison

officials deprived him of his radio in violation of his due

process and equal protection rights. The complaint Graves filed

in the district court involves the same cause of action and the

same parties as a prior state-court lawsuit filed by Graves which
No. 97-60429

-2-

was resolved against him on the merits in a court of competent

jurisdiction. His complaint is barred by principles of res

judicata. Russell v. SunAmerica Securities, Inc., 962 F.2d 1169,

1172 (5th Cir. 1992). 

The district court did not err in imposing a sanction under

§ 1915(g). This is the third suit filed by Graves that the

district court has dismissed for failure to state a claim.

The judgment is AFFIRMED.
<PAGE>

                                  EXHIBIT 32.2

CERTIFICATION BY THE SENIOR FINANCIAL OFFICER PURSUANT TO 18 U. S. C. SECTION
1350, AS ADOPTED PURSUANT TO SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

Pursuant to 18 U. S. C. Section 1350, I, David M. Mulder, hereby certify that,
to the best of my knowledge, the Quarterly Report of Salton, Inc. on Form 10-Q
for the quarterly period ended December 27, 2003 (the Report) fully complies
with the requirements of Section 13(a) or Section 15(d) of the Securities
Exchange Act of 1934, and that the information contained in that Report fairly
presents, in all material respects, the financial condition and results of
operations of Salton, Inc.

                                       By: /s/ David M. Mulder
                                           -------------------------------------
                                           David M. Mulder
                                           Executive Vice President, Chief
                                           Administrative Officer and
                                           Senior Financial Officer

February 10, 2004

This certification accompanies this Report on Form 10-Q pursuant to Section 906
of the Sarbanes-Oxley Act of 2002 and shall not, except to the extent required
by such Act, be deemed filed by the Company for purposes of Section 18 of the
Securities Exchange Act of 1934, as amended. (the Exchange Act). Such
certification will not be deemed to be incorporated by reference into any filing
under the Securities Act of 1933, as amended, or the Exchange Act, except to the
extent that the Company specifically incorporates it by reference.

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

                                       34
<TABLE> <S> <C>

<ARTICLE> 9
<MULTIPLIER> 1,000
       
<S>                             <C>
<PERIOD-TYPE>                   9-MOS
<FISCAL-YEAR-END>                          SEP-30-1998
<PERIOD-END>                               JUN-30-1998
<CASH>                                             595
<INT-BEARING-DEPOSITS>                          10,910
<FED-FUNDS-SOLD>                                     0
<TRADING-ASSETS>                                     0
<INVESTMENTS-HELD-FOR-SALE>                          0
<INVESTMENTS-CARRYING>                          41,537
<INVESTMENTS-MARKET>                            41,818
<LOANS>                                         62,073
<ALLOWANCE>                                        300
<TOTAL-ASSETS>                                 118,968
<DEPOSITS>                                      80,807
<SHORT-TERM>                                         0
<LIABILITIES-OTHER>                                 83
<LONG-TERM>                                          0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                             0
<OTHER-SE>                                      37,464
<TOTAL-LIABILITIES-AND-EQUITY>                 118,968
<INTEREST-LOAN>                                  4,046
<INTEREST-INVEST>                                  758
<INTEREST-OTHER>                                   397
<INTEREST-TOTAL>                                 6,114
<INTEREST-DEPOSIT>                               3,258
<INTEREST-EXPENSE>                               3,258
<INTEREST-INCOME-NET>                            2,856
<LOAN-LOSSES>                                       74
<SECURITIES-GAINS>                                   0
<EXPENSE-OTHER>                                  2,191
<INCOME-PRETAX>                                    672
<INCOME-PRE-EXTRAORDINARY>                         672
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                       444
<EPS-PRIMARY>                                     0.10
<EPS-DILUTED>                                     0.10
<YIELD-ACTUAL>                                    3.51
<LOANS-NON>                                          0
<LOANS-PAST>                                         0
<LOANS-TROUBLED>                                     0
<LOANS-PROBLEM>                                      0
<ALLOWANCE-OPEN>                                   300
<CHARGE-OFFS>                                       74
<RECOVERIES>                                         0
<ALLOWANCE-CLOSE>                                  300
<ALLOWANCE-DOMESTIC>                               300
<ALLOWANCE-FOREIGN>                                  0
<ALLOWANCE-UNALLOCATED>                              0
        

</TABLE>
<PAGE>   1

                                                                     Exhibit 4.2



                           UGLY DUCKLING CORPORATION

                      SUPPLEMENT DATED SEPTEMBER 28, 1998
                                       TO
                   OFFERING CIRCULAR DATED SEPTEMBER 17, 1998


     The Rights Offering described in Cygnet's Prospectus dated August 26, 
1998, a copy of which accompanied Ugly Duckling's Offering Circular dated 
September 17, 1998, and referred to in the Sections "Summary of Exchange Offer 
- The Company" and "Business", has been terminated. The Rights Offering was 
terminated primarily due to lack of market acceptance resulting in an 
inadequate level of subscriptions necessary to meet certain minimum 
requirements for Nasdaq listing. The termination of the Rights Offering does 
not affect the Exchange Offer, which was announced on September 17, 1998 and is 
scheduled to expire on October 19, 1998.

     Despite termination of the Rights Offering and the corresponding decision
not to proceed with the Split-up as contemplated, Ugly Duckling continues to
believe that separating its dealership and non-dealership operations is in the
best interests of its shareholders and is continuing to evaluate its options in
achieving this objective. Accordingly, even though the Split-up will not be
consummated as contemplated, if at all, this development will have no current
impact on Ugly Duckling's consolidated financial statements. However,
individuals contemplating whether to participate in the Exchange Offer should
consider the possibility that Ugly Duckling could later decide to retain rather
than separate its non-dealership operations, in which case Ugly Duckling's
consolidated financial statements would require restatement to reflect the
integration of the financial results currently attributed to discontinued
operations.
# Official Journal C 328A/2011

| | ISSN 1977-091X
  doi:10.3000/1977091X.CA2011.328.eng |
| --- | --- |
| Official Journal
  of the European Union | C 328A |
| | |
| English edition | Information and Notices | Volume 5411 November 2011 |

ISSN 1977-091X

doi:10.3000/1977091X.CA2011.328.eng

Official Journal

of the European Union

C 328A

English edition

Information and Notices

Volume 5411 November 2011

---

| Notice No | Contents | page |
| --- | --- | --- |
| | II   Information |
| | INFORMATION FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES |
| | European Commission |
| 2011/C 328A/01 | Common catalogue of varieties of agricultural plant species — Seventh supplement to the 29th complete edition | 1 |

Notice No

Contents

page

II   Information

INFORMATION FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES

European Commission

2011/C 328A/01

Common catalogue of varieties of agricultural plant species — Seventh supplement to the 29th complete edition

1

---

| EN | |
| --- | --- |

EN
NOT FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

MATTHEW ALLEN WOODS, 

Plaintiff-Appellant, 

 v. 

STEPHANIE HERRICK, NP; CORRECT 

CARE SOLUTIONS, 

Defendants-Appellees.

and 

SUMI ERNO, 

Defendant.

No. 20-15693

D.C. No. 3:18-cv-08255-DJH-ESW

MEMORANDUM*

Appeal from the United States District Court

for the District of Arizona

Diane H. Humetawa, District Judge, Presiding

Submitted June 21, 2021**

Before: SILVERMAN, WATFORD, and BENNETT, Circuit Judges.

Arizona state prisoner Matthew Allen Woods appeals pro se from the district 

* 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

JUL 7 2021

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS
2

court’s summary judgment in his 42 U.S.C. § 1983 action alleging deliberate 

indifference to his serious medical needs. We have jurisdiction under 28 U.S.C. 

§ 1291. We review de novo. Toguchi v. Chung, 391 F.3d 1051, 1056 (9th Cir. 

2004). We affirm. 

The district court properly granted summary judgment on Woods’s

deliberate indifference claim against defendant Herrick because Woods failed to 

raise a genuine dispute of material fact as to whether Herrick was deliberately 

indifferent to Woods’s chronic psoriasis. See id. at 1057-60 (a prison official acts 

with deliberate indifference only if he or she knows of and disregards an excessive 

risk to the prisoner’s health; negligence and a mere difference in medical opinion 

are insufficient).

The district court properly granted summary judgment on Woods’s

deliberate indifference claim against defendant Correct Care Solutions because 

Woods failed to raise a genuine dispute of material fact as to whether any policy or 

custom of Correct Care Solutions caused him to suffer a constitutional injury. See 

Castro v. County of Los Angeles, 833 F.3d 1060, 1073-76 (9th Cir. 2016) (en banc) 

(discussing requirements to establish liability under Monell v. Department of 

Social Services, 436 U.S. 658 (1978)); Tsao v. Desert Palace, Inc., 698 F.3d 1128, 

1139 (9th Cir. 2012) (a private entity is liable under 42 U.S.C. § 1983 only if the 

entity acted under color of state law and the constitutional violation was caused by 
3

the entity’s official policy or custom). 

We do not consider arguments and allegations raised for the first time on 

appeal. See Padgett v. Wright, 587 F.3d 983, 985 n.2 (9th Cir. 2009).

Woods’s motion to compel production of medical records (Docket Entry No. 

11) is denied.

AFFIRMED.
[Letterhead of Rosenberg Smith & Partners]

Exhibit 23.2


            CONSENT OF ROSENBERG SMITH & PARTNERS, INDEPENDENT AUDITORS




      We consent to the incorporation by reference in the Registration
Statements (Form S-8 Numbers 333-116574, 333-113477 and 333-110839) of On the
Go Healthcare, Inc. with respect to the consolidated financial statements of On
the Go Healthcare, Inc. included in this Annual Report (Form 10-KSB/A) for the
year ended July 31, 2003.




/s/Rosenberg Smith & Partners
-----------------------------
Rosenberg Smith & Partners
Chartered Accountants
Concord, Ontario November 10, 2004




<PAGE>
<TABLE> <S> <C>

<PAGE>

<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM THE
CONSOLIDATED FINANCIAL STATEMENTS FOR THE QUARTER ENDED SEPTEMBER 30, 1999 AND
IS QUALIFIED IN ITS ENTIRETY BY REFERENCE TO SUCH FINANCIAL STATEMENTS.
</LEGEND>
<MULTIPLIER> 1

<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                          JUN-30-2000
<PERIOD-START>                             JUL-01-1999
<PERIOD-END>                               SEP-30-1999
<CASH>                                         532,547
<SECURITIES>                                         0
<RECEIVABLES>                               19,140,459
<ALLOWANCES>                                 2,720,956
<INVENTORY>                                     23,921
<CURRENT-ASSETS>                            18,532,556
<PP&E>                                       8,578,244
<DEPRECIATION>                               1,974,463
<TOTAL-ASSETS>                              43,956,163
<CURRENT-LIABILITIES>                       36,088,376
<BONDS>                                              0
<PREFERRED-MANDATORY>                              285
<PREFERRED>                                          0
<COMMON>                                         1,978
<OTHER-SE>                                  14,777,078
<TOTAL-LIABILITY-AND-EQUITY>                43,956,163
<SALES>                                     36,223,012
<TOTAL-REVENUES>                            36,223,012
<CGS>                                       27,259,252
<TOTAL-COSTS>                               27,259,252
<OTHER-EXPENSES>                               810,913
<LOSS-PROVISION>                                44,556
<INTEREST-EXPENSE>                             271,004
<INCOME-PRETAX>                            (2,301,988)
<INCOME-TAX>                                     1,548
<INCOME-CONTINUING>                        (2,300,440)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                               (2,300,440)
<EPS-BASIC>                                     (0.12)
<EPS-DILUTED>                                   (0.12)


</TABLE>
-84 -82 -80 -78 -76 -74

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Source

★ at 39.06 N 76.88 W Meters AGL
No. 64023.

protest 58/10092 (Seattle).

#### Close and Stewart *v.*United States,

Opinion by

Donlon, J.

In accordance with stipulation of counsel that the merchandise consists of prepared or preserved pork similar in all material respects to that the subject of *C. J. Tower & Sons*v. *United States*(43 Cust. Ct. 36, C.D. 2100), the claim of the plaintiff was sustained.