alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
Exhibit 4.1
IBM Credit LLC
Limited Liability Company Interests of IBM Credit LLC (IBM Credit or the company) registered under Section 12(g) of the Securities Exchange Act of 1934, as amended (the “Exchange Act”)
Limited Liability Company Interests
IBM Credit, a Delaware limited liability company, is an indirect, wholly owned subsidiary of International Business Machines Corporation (IBM). All of the limited liability company interests in IBM Credit are owned by IBM GF International Holdings LLC, a Delaware limited liability company (the Member), which is also an indirect, wholly owned subsidiary of IBM. The company has no other class of equity securities issued and outstanding. The Member has no obligation to make any further payments for the purchase of limited liability company interests or contributions to the company solely by reason of its ownership of such interests (except as may otherwise be required by the Delaware Limited Liability Company Act (the DLLCA)). The following description contains a summary of some of the important provisions of the Limited Liability Company Interests, does not purport to be complete and is subject to and qualified in its entirety by reference to the certificate of formation, the certificate of conversion and the Limited Liability Company Agreement (the LLC Agreement) which are included as exhibits to this Form 10-K.
Distribution Rights
Under the DLLCA and the LLC Agreement, each interest holder is a member of IBM Credit and has the right to receive a share of IBM Credit’s profits and losses and to receive distributions of IBM Credit’s assets, if and when determined by the board of managers, and to participate in the distribution of IBM Credit’s assets in the event that IBM Credit is dissolved or liquidated.
Transfer Restrictions
The LLC Agreement provides that the Member may sell, assign, dispose of or otherwise transfer, pledge or encumber in whole or in part its membership interest in IBM Credit.
Voting Rights/Board of Managers
The LLC Agreement provides that the business affairs of IBM Credit shall be managed by a board of managers. The members of the board of managers are designated by the Member.
Additional or Substitute Members
The LLC Agreement provides that no substitute or additional membership interests may be created without the approval of the Member.
Liquidation Rights
Under the DLLCA and the LLC Agreement, in the event that IBM Credit is liquidated, dissolved, or wound up, after payment (or making provision for payment) of IBM Credit’s debts, liabilities and other obligations, membership interests are entitled to receive a share of the balance of IBM Credit’s remaining assets, if any, in accordance with the DLLCA.
​



Liability
The LLC Agreement provides that the Member is generally not liable for the obligations of IBM Credit, except as otherwise provided in the DLLCA.
Books and Records
Under the DLLCA, interest holders are entitled, on written demand and subject to certain limitations, to inspect IBM Credit’s books and records and are entitled to receive periodic financial information from IBM Credit, in each case, as provided in the DLLCA.

​
Exhibit 12.1  I, J. Paul Sorbara, President, certify that:  1. I have reviewed this Annual Report on Form 20-F of Golden Goliath Resources Ltd.;  2. Based on my knowledge, this 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 report;  3. Based on my knowledge, the financial statements, and other financial information included in this report, fairly present in all material respects the financial condition, results of operations and cash flows of the company as of, and for, the periods presented in this report;  4. The companys other certifying officer(s) 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)) and internal control over financial reporting (as defined in Exchange Act Rules 13a-15(f) and 15d-15(f)) for the company 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 company, including its consolidated subsidiaries, is made known to us by others within those entities, particularly during the period in which this report is being prepared; (b) Designed such internal control over financial reporting, or caused such internal control over financial reporting to be designed under our supervision, to provide reasonable assurance regarding the reliability of financial reporting and the preparation of financial statements for external purposes in accordance with generally accepted accounting principles; (c) Evaluated the effectiveness of the company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 (d) Disclosed in this report any change in the companys internal control over financial reporting that occurred during the period covered by the annual report that has materially affected, or is reasonably likely to materially affect, the companys internal control over financial reporting; and  5. The companys other certifying officer(s) and I have disclosed, based on our most recent evaluation of internal control over financial reporting, to the companys auditors and the audit committee of the companys board of directors (or persons performing the equivalent functions): (a) All significant deficiencies and material weaknesses in the design or operation of internal control over financial reporting which are reasonably likely to adversely affect the company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 companys internal control over financial reporting.   Date: February 6, 2012   /s/ J. Paul Sorbara J. Paul Sorbara, President/Director
<TABLE> <S> <C>

<ARTICLE> 9
<MULTIPLIER> 1,000

<S>                             <C>
<PERIOD-TYPE>                   6-MOS
<FISCAL-YEAR-END>                          SEP-30-2000
<PERIOD-END>                               MAR-30-2000
<CASH>                                             627
<INT-BEARING-DEPOSITS>                           3,055
<FED-FUNDS-SOLD>                                     0
<TRADING-ASSETS>                                     0
<INVESTMENTS-HELD-FOR-SALE>                          0
<INVESTMENTS-CARRYING>                          34,406
<INVESTMENTS-MARKET>                            35,405
<LOANS>                                         70,920
<ALLOWANCE>                                        300
<TOTAL-ASSETS>                                 113,121
<DEPOSITS>                                      76,545
<SHORT-TERM>                                     7,000
<LIABILITIES-OTHER>                                618
<LONG-TERM>                                          0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                             0
<OTHER-SE>                                      28,958
<TOTAL-LIABILITIES-AND-EQUITY>                 113,121
<INTEREST-LOAN>                                  2,877
<INTEREST-INVEST>                                1,127
<INTEREST-OTHER>                                    70
<INTEREST-TOTAL>                                 4,074
<INTEREST-DEPOSIT>                               1,700
<INTEREST-EXPENSE>                               1,827
<INTEREST-INCOME-NET>                            2,247
<LOAN-LOSSES>                                        0
<SECURITIES-GAINS>                                   0
<EXPENSE-OTHER>                                  1,810
<INCOME-PRETAX>                                    510
<INCOME-PRE-EXTRAORDINARY>                         510
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                       337
<EPS-BASIC>                                       0.14
<EPS-DILUTED>                                     0.14
<YIELD-ACTUAL>                                    4.08
<LOANS-NON>                                          0
<LOANS-PAST>                                        83
<LOANS-TROUBLED>                                     0
<LOANS-PROBLEM>                                      0
<ALLOWANCE-OPEN>                                   300
<CHARGE-OFFS>                                        0
<RECOVERIES>                                         0
<ALLOWANCE-CLOSE>                                  300
<ALLOWANCE-DOMESTIC>                               300
<ALLOWANCE-FOREIGN>                                  0
<ALLOWANCE-UNALLOCATED>                              0


</TABLE>
```

[Federal Register Volume 88, Number 215 (Wednesday, November 8, 2023)]
[Notices]
[Page 77084]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-24671]

=======================================================================
-----------------------------------------------------------------------

COMMISSION OF FINE ARTS

Notice of Meeting

    Per 45 CFR 2102.3, the next meeting of the U.S. Commission of Fine 
Arts is scheduled for November 16, 2023, at 9 a.m. and will be held via 
online videoconference. Items of discussion may include buildings, 
infrastructure, parks, memorials, and public art.
    Draft agendas, the link to register for the online public meeting, 
and additional information regarding the Commission are available on 
our website: www.cfa.gov. Inquiries regarding the agenda, as well as 
any public testimony, should be addressed to Thomas Luebke, Secretary, 
U.S. Commission of Fine Arts, at the above address; by emailing 
[email protected]; or by calling 202-504-2200. Individuals requiring 
sign language interpretation for the hearing impaired should contact 
the Secretary at least 10 days before the meeting date.

    Dated November 3, 2023 in Washington, DC.
Susan M. Raposa,
Technical Information Specialist.
[FR Doc. 2023-24671 Filed 11-7-23; 8:45 am]
BILLING CODE 6330-01-P
```
No. 56954.

#### C. Tennant Sons & Co. of N. Y. *v.*United States,

protest 189285-K (New York).

*408Opinion by

Oliver, C. J.

In accordance with stipulation of counsel that the merchandise consists of Zamak zinc alloy the same in all material respects as that the subject of *M. W. Zack Metal Company*v. *United States*(26 Cust. Ct. 91, C. D. 1306), the claim of the plaintiff was sustained.
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Exhibit 32.1



CERTIFICATION PURSUANT TO

SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

(18 U.S.C. SECTION 1350)



In connection with this annual filing of DNAPrint Genomics, Inc., a Utah corporation (the "Company"), on Form 10-KSB for the year ended December 31, 2006 as filed with the Securities and Exchange Commission (the "Report"), I, Richard Gabriel, Chief Executive Officer of the Company, certify, pursuant to Section 906 of the Sarbanes-Oxley Act of 2002 (18 U.S.C. Section 1350), 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 results of operations of the Company.



|                                                                                                                       |                                                                                                              | 
|---------------------------------------------------------------------------------------------------------------------- | ------------------------------------------------------------------------------------------------------------ | 
|/S/ Richard Gabriel
---------------------------
Richard Gabriel
Chief Executive Officer/President
Date: March 15, 2007
|                                                                                                                       | /s/ Karen L. Surplus
-------------------------
Karen L. Surplus
Chief Financial Officer
Date: March 15, 2007
UN PUBLISHED
UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 18
- 6459

DANIEL ERIC SALLEY , Plaintiff

- Appellant ,

v. UNITED STATES OF AMERICA , Defendant

- Appellee

.

Appeal from the United States District Court for the Northern District of West Virginia , at Martinsburg

. Gina M. Groh , Chief District Judge. ( 3:15

- cv
- 00143

- GMG

- MJA )

Submitted : August 16, 2018 Decided: August 21, 2018 Amended: April 3, 2019

Before WYNN and DIAZ , Circuit Judges , and SHEDD, Senior Circuit Judge

.

Affirmed by un published per curiam opinion

.
Daniel Eric Salley, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.2 PER CURIAM:
Daniel Eric Sall ey appeals the district court’s order accepting the magistrate judge’s recommendation to dismiss Salley’s claims, which were brought pursuant to the Federal Tort Claims Act, 28 U.S.C. § 1346(b)(1) (2012)

. As to the claim about which Salley failed to objec t to the bases for the magistrate judge’s recommendation to dismiss , Salley has waived appellate review of the district court’s decision to adopt the
recommendation. See Wright v. Collins , 766 F.2d 841, 845

- 46 (4th Cir. 1985); see also
Thomas v. Arn , 474 U.S. 140 (1985). As to those claims regarding which Salley properly objected, w e have reviewed the record and find no reversible error. W e thus affirm the
district court ’s order

. See Sa lley v. United States , No. 3:15

- cv
- 00143

- GMG

- MJA ( N.D.W. Va. Apr. 10, 2018 ). We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before this court and argument would not aid the decisional proce ss.

AFFIRMED
UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 07-6237

GARY JACKSON,

Plaintiff - Appellant,

versus

DARRELL HOOPER, Welding Instructor; PIEDMONT

COMMUNITY COLLEGE,

Defendants - Appellees,

and

MRS. OWENS, Vocational Programmer; CASWELL

CORRECTIONAL CENTER,

Defendants.

Appeal from the United States District Court for the Middle

District of North Carolina, at Durham. Wallace W. Dixon,

Magistrate Judge. (1:05-cv-00096-WWD)

Submitted: September 5, 2007 Decided: September 13, 2007

Before WILKINSON and NIEMEYER, Circuit Judges, and WILKINS, Senior

Circuit Judge.

Affirmed by unpublished per curiam opinion.
- 2 -

Gary Jackson, Appellant Pro Se. Alan S. Hicks, ALAN S. HICKS,

P.A., Roxboro, North Carolina; Yvonne Bullock Ricci, NORTH CAROLINA

DEPARTMENT OF JUSTICE, Raleigh, North Carolina, for Appellees. 

Unpublished opinions are not binding precedent in this circuit.
*

The parties consented to the jurisdiction of the magistrate

judge pursuant to 28 U.S.C. § 636(c) (2007). 

- 3 -

PER CURIAM:

Gary Jackson appeals the magistrate judge’s* order

denying relief on his 42 U.S.C. § 1983 (2000) complaint. We have

reviewed the record and find no reversible error. Accordingly, we

affirm for the reasons stated by the magistrate judge. Jackson v.

Hooper, No. 1:05-cv-00096-WWD (M.D.N.C. Jan. 25, 2007). We

dispense with oral argument because the facts and legal contentions

are adequately presented in the materials before the court and

argument would not aid the decisional process.

AFFIRMED
Case 2:04-cv-01985-TJS   Document 8   Filed 06/28/04   Page 1 of 2

Case 2:04-cv-01985-TJS   Document 8   Filed 06/28/04   Page 2 of 2
No. 64770.

#### S. Berger Co. et al. *v.*United States,

protests 60/5333, etc. (New York).

Opinion by

Oliver, C. J.

In accordance with stipulation of counsel that the merchandise consists of beads the same in all material respects as those the subject of *United States*v. *S. H. Kress & Co.*(46 C.C.P.A. 135, C.A.D. 716), the claim of the plaintiffs was sustained.
(Reap. Dec. 10940)

#### American Roland Corp. *v.*United States

Entry No. 885736, etc.

(Decided April 6, 1965)

*Mugene R. Piclcrell*for the plaintiff.

*John W. Douglas,*Assistant Attorney General, for the defendant.

Wilson, Judge:

These appeals for reappraisement have been submitted for decision upon the following stipulation of counsel for the respective parties:

> IT IS HEREBY STIPULATED AND AGREED by and between counsel for the Plaintiff and the Assistant Attorney General for the United States, Defendant, subject to the approval of the Court, that:

> 1. The merchandise marked “A” and initialed ECA by Examiner E. Alfano on the invoices herein consists of Ascorbic Acid, exported from Denmark to the United States during the period from August 31, 1963 through December 30,1963.

> 2. Ascorbic Acid is on the final list promulgated by the Customs Simplification Act of 1956, published as T.D. 54521 in the Federal Register, issue of January 20,1958.

> 3. At the time of exportation of such merchandise, its export value within the meaning of Section 402a (d) of the Tariff Act of 1930, as amended by the Customs Simplification Act of 1956, was less than its foreign value within the meaning of Section 402a (c) of that Act.

> 4. At the time of exportation to the United States of the merchandise herein, the market value or the price at which such- or similar merchandise was freely offered for sale for home consumption to all purchasers in the principal markets of the country from which exported, in the usual wholesale quantities and in the ordinary course of trade, including the cost of all containers and coverings *599of whatever nature, and all other costs, charges, and expenses incident to placing the merchandise in condition, packed ready for shipment to the United States, was as follows:

> Period Value

> 8/31/63 to 9/30/63 25.75 D.K. per kilo plus $0.02 per kilo Phg.

> 10/1/63 to 12/30/63 24.50 D.K. per kilo plus $0.02 per kilo pkg.

> 5. The appeals for reappraisement, as enumerated on Schedule A annexed hereto, may be submitted on this stipulation.

On the agreed facts, I find and hold foreign value, as that value is defined in section 402a (c) of the Tariff Act of 1930, as amended by the Customs Simplification Act of 1956, T.D. 54165, to be the proper basis for the determination of the value of the merchandise here involved and that such value on the respective dates of exportation was as follows:

> Period Value

> 8/31/63 to 9/30/63 25.75 D.K. per kilo plus $0.02 per kilo pkg.

> 10/ 1/63 to 12/30/63 24.50 D.K. per kilo plus $0.02 per kilo pkg.

Judgment will issue accordingly.
* Pursuant to 5 TH C IR . 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 5 TH C IR . R. 47.5.4. IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

_____________________ No. 98-30529 Summary Calendar

_____________________ MICHAEL E. HOLOWAY, Plaintiff-Appellant,

versus CHARLES TRIOLA; GARY TRIOLA; SCHEUERMANN & JONES, STEPHEN ARMBRUSTER; LAWRENCE BLAKE JONES; PATRICIA HEDGES, Judge; JANE TRIOLA, Defendants-Appellees..

_______________________________________________________

Appeal from the United States District Court for the Eastern District of Louisiana (97-CV-2216-N)

_______________________________________________________ February 2, 1999 Before REAVLEY, WIENER and EMILIO M. GARZA, Circuit Judges. PER CURIAM: * Michael E. Holoway appeals the district court’s Rule 12(b)(6) dismissal of his section 1983 action, arguing that it lacked any power to rescind a previous order. We affirm. It is a well established rule of trial procedure that a district court may reconsider and reverse a previous interlocutory order at its discretion. SeeFed. R. Civ. P. 54(b) (“[An order of the district court] is subject to revision at any time before the entry of judgment adjudicating all the claims and the rights and liabilities of all the parties.”); Bon Air Hotel, Inc. v. Time, Inc. , 4262

F.2d 858, 862 (5th Cir. 1970) (“[B]ecause the [denial of a motion for summary judgment] was interlocutory, ‘the court at any time before final decree [could] modify or rescind it.’” (quoting John Simmons Co. v. Grier Bros. , 258 U.S. 82, 88, 42 S. Ct. 196, 198, 66 L. Ed. 475 (1922)) (final alteration in original)). The district court’s decision to rescind the non-appealable, interim order following a development in Fifth Circuit law was not an abuse of its discretion. See Lavespere v. Niagra Mach. & Tool Works, Inc. , 910 F.2d 167, 184-85 (5th Cir. 1990) (holding that the district court did not abuse its discretion when it granted a motion for summary judgment after originally denying the motion because of an intervening change in the applicable law). Because Holoway raises no other argument, we need not further consider the merits of the district court’s 12(b)(6) dismissal. See Pebble Beach Co. v. Tour 18 I Ltd. , 155 F.3d 526, 545 n.11 (5th Cir. 1998) (recognizing that an appellant waives any issue not raised or argued in its initiating appellate brief). AFFIRMED.
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