alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
Exhibit 31.1

Certification of Chief Executive Officer  of Periodic Report Pursuant to Rule 13a-14(a) and Rule 15d-14(a)

I,
Joseph M. Fortunato, certify that:

1.     I
have reviewed this Amendment No. 1 to the Annual Report on Form 10-K of GNC Holdings, Inc.;

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 registrant as of, and for, the periods presented in this report;

4.     The
registrant's other certifying officer and I are responsible for establishing and maintaining disclosure controls and procedures (as defined in Exchange Act
Rules 13a-15(e) and 15d-15(e)) and internal control over financial reporting (as defined in Exchange Act Rules 13a-15(f) and 15d-15(f))
for the registrant and have:



5.     The
registrant's other certifying officer and I have disclosed, based on our most recent evaluation of internal control over financial reporting, to the registrant's
auditors and the audit committee of the registrant's board of directors (or persons performing the equivalent functions):



Date:
October 17, 2012

/s/ JOSEPH M. FORTUNATO Joseph M. Fortunato Chief Executive Officer
(Principal Executive Officer)


---



QuickLinks
### D ISTRICT 

### C OURT 

### O F 

### A PPEAL 

### O F 

### T HE 

### S TATE 

### O F 

### F LORIDA

F OURTH D ISTRICT

BRUCE K. HERMAN

, Appellant,

v.

FIRST CITIZENS BANK & TRUST COMPANY, N.A.,

PARKSIDE VILLAS, LLC, RODGER KOOSER,

STANLEY BUDZINSKI, WESTLB AG, and

GUSTAVO J. CARBONNELL ARCHITECT/PLANNER, P.A.

, Appellee s

.

No. 4D 19

- 2239

[ April 16, 2020 ]

Appeal from the Circuit Court for the Seventeenth Judicial Circuit,

Broward County ; Sandra Perlman , Judge; L.T. Case No. CACE

- 07

- 034706

.

Bruce K. Herman of The Law Offices of Bruce K. Herman, P.A.

, Fort

Lauderdale , for appellant.

Daniel M. Coyle and Gregory S. Grossman of Sequor Law, P.A., Miami,

for appellee First Citizens Bank & Trust Company, N.A.

P ER C URIAM

.

Affirmed.

W ARNER

, D AMOORGIAN and K UNTZ , JJ., concur.

* * *

Not final until disposition of timely filed motion for rehearing.
* Circuit Judge of the United States Court of Appeals fo r the Eighth

Circuit, sitting by designation.

* * 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. 96-30786

_______________

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION, Plaintiff-Appellee,
VERSUS PAT O'BRIEN'S BAR, INCORPORATED, Defendant-Appellant.

_________________________ Appeal from the United States District Court for the Eastern District of Louisiana

(91-CV-2544-M)

_________________________ November 21, 1997 Before MAGILL, * SMITH, and DeMOSS, Circuit Judges.
PER CURIAM: **

We have examined the briefs and pertinent portions of the record and have heard the arguments of counsel. Even assuming that the issue of attorneys' fees and sanctions was properly raised in the district court, we find no error. The judgment, accordingly,2

is AFFIRMED.
Michigan Supreme Court

Lansing, Michigan

Robert P. Young, Jr., Chief Justice

Michael F. Cavanagh

Stephen J. Markman

Mary Beth Kelly

Brian K. Zahra

Bridget M. McCormack

David F. Viviano, Justices

I, Larry S. Royster, Clerk of the Michigan Supreme Court, certify that the

foregoing is a true and complete copy of the order entered at the direction of the Court.

 June 24, 2014

h0616

Order 

Clerk

June 24, 2014

149102

VICTORIA BROWN and JAMES

BROWN,

Plaintiffs-Appellees,

v SC: 149102

COA: 320730

Wayne CC: 11-006128-NI

RACHEL WONSACK and IRENE LOVE,

Defendants-Appellants.

____________________________________/

On order of the Court, the application for leave to appeal prior to decision by the 

Court of Appeals is considered, and it is DENIED, because the Court is not persuaded 

that the question presented should be reviewed by this Court before consideration by the 

Court of Appeals.
No. 52728.

protests 21503-K, etc. (New York).

#### Dal, Inc., et al. *v.*United States,

Opinion by

Cline, J.

Following the authorities cited in Abstract 15400 the court dismissed the protests.
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No. 59138.

protests 240123-K, etc. (New York).

#### Goldscheider, Inc., et al. *v.*United States,

Opinion by

Johnson, J.

In accordance with stipulation of counsel that certain items of the merchandise consist of figures similar in all material respects to those passed upon in *Wm. S. Pitcairn Corp.*v. *United States*(39 C. C. P. A. 15, C. A. D. 458), the claim of the plaintiffs was sustained.
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Exhibit 10.12    
    


United
States Department of the Interior

  

BUREAU OF LAND MANAGEMENT

Wyoming State Office

P. O. Box 1828

Cheyenne, Wyoming 82009-1828 



In
Reply Refer To: 


3432
(922Love)

WYW146744

Phone No: 307-775-6115

Fax. No:    307-775-6203 


JUN
19 2005 


NOTICE  



	Jacobs Ranch Coal Company	 	:	 	 	 	 
	P.O. Box 3013	 	:	 	Federal Coal	 	 
	Gillette, Wyoming 82718	 	:	 	Jacobs Ranch Mine	 	 




Modified Coal Lease Issued;

Consent of Surety Accepted


Attached
is a copy of modified lease WYW146744. The approval is effective June 1, 2006. Federal coal lease WYWI46744 now contains 5,022.595 acres. The effective date of the lease remains
May 1, 2002. 


Rental
in the amount of $15,069.00 will continue to be due on or before May 1st of each year. 



On
May 23, 2006, you filed a consent of surety to extend the coverage of your present lease bond number 104647221 to include the additional lands. We are accepting the consent of surety
effective June 19, 2006, the date of this notice. 



	 	 	/s/ Robert A. Bennett
 Robert A. Bennett

State Director





Attachment



Ms. Lynne
Boomgaarden, Wyoming State Lands and Investment, 122 W. 25th St., 3rd West, Cheyenne, WY 82002  w/cy of atch.


Department
of Justice, Attn: Jill Ptacek, TEA Section, Antitrust Division, Liberty Place Bldg., 325 7th St. NW, 5th Floor #500, Washington, D.C. 20004  w/cy of atch.


Department
of Environmental Quality, Land Quality Division, 122 West 25th Street, Cheyenne, WY 82002 w/cy of atch.



Mr. Peter
Rutledge, Office of Surface Mining, Western Regional Coordinating Center, P.O. Box 46667, Denver, CO 80202-6667 w/cy of
atch.


MMS,
Minerals Revenue Management, Solids and Geothermal CAM, P.O. Box 25165, MS390B2, Lakewood, CO 80225-0165 w/cy of atch.


Travelers
Casualty and Surety Company of America, c/o Carolyn E. Wheeler, Attorney-in-Fact, Marsh USA Inc., P.O. Box 36012, Knoxville, TN 37930 











QuickLinks



Exhibit 10.12
Exhibit 32

Securities
and Exchange Commission
Judiciary Plaza
450 Fifth Street, N.W.
Washington, D.C. 20549

Ladies
and Gentlemen:

In
connection with the Quarterly Report of TEL Offshore Trust (the "Trust") on Form 10-Q for the quarterly period ended March 31, 2013 as filed with the
Securities and Exchange Commission on the date hereof (the "Report"), the undersigned, not in its individual capacity but solely as the trustee of the Trust, certifies pursuant to 18 U.S.C. 1350, as
adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that to its knowledge:



The
above certification is furnished solely pursuant to Section 906 of the Sarbanes-Oxley Act of 2002 (18 U.S.C. 1350) and is not being filed as part of the Report or as a
separate disclosure document.

The Bank of New York Mellon
Trust Company, N.A.,
Corporate Trustee for TEL Offshore TrustDate: May 15, 2013

By:

/s/ MICHAEL J. ULRICH Michael J. Ulrich Vice President


---



QuickLinks
#### UNITED STATES, Appellee v WILLIAM D. YADEN, Jr., Private First Class, U. S. Marine Corps, Appellant

9 USCMA 274, 26 CMR 54

No. 10,834

Decided May 23, 1958

*Ensign David M. Clinard,*USNR, was on the brief for Appellant, Accused.

*Lieutenant Colonel Charles H. Beale, Jr.,*USMC, and *Lieutenant (jg) John V. L. Ellicott,*USNR, were on the brief for Appellee, United States.

Opinion of the Court

Robert E. Quinn, Chief Judge:

At the accused’s trial for desertion the law officer instructed the court-martial in part as follows:

> “You are advised that if the absence without proper authority is much prolonged, and there is no satisfactory explanation of it, these facts are circumstantial evidence from which the court may be justified in inferring an intent to remain away permanently.

> “Of course, the questions of what constitutes a much prolonged absence and what constitutes a satisfactory explanation are questions for the court to determine. The explanation need not be one which excites the *275sympathy of the court or which tends to justify the absence of the accused. It need be only an explanation which raises a reasonable doubt as to the inference of intent to remain away permanently that the court might otherwise draw from a much prolonged absence. Of course, this evidence should be considered along with all other evidence in the case.”

We have held that it is prejudicial error to instruct the court-martial that evidence of a “much prolonged absence,” for which there is no satisfactory explanation, is alone sufficient to justify an inference to remain away permanently. United States v Cothern, 8 USCMA 158, 23 CMR 382. Here, the law officer advised the court to consider the absence “along with all other evidence in the case,” but his emphasis on the unexplained absence is so substantial that there is a fair risk that the court-martial was misled. See United States v Soccio, 8 USCMA 477, 24 CMR 287; United States v Noe, 7 USCMA 408, 22 CMR 198.

The decision of the board of review is reversed. The findings of guilty and the sentence are set aside. A rehearing may be ordered.

Judge Ferguson concurs.

Latimer, Judge

(dissenting);

I dissent.

This case extends the rule in United States v Soccio, 8 USCMA 477, 24 CMR 287, and allied eases. Here, when the instructions are considered within their four corners, they direct the court-martial members’ attention to their duty to consider all evidence in the case as a base for their findings. The Government’s evidence alone was sufficient to support the findings, but the accused testified at great length, seeking to explain his two extended absences. With the evidence in that posture, I am certain that the court-martial would so interpret the instructions as to require consideration of all the evidence introduced by both sides in arriving at their finding on the crucial element of intent.

For that reason, I would affirm the decision of the board of review.
Exhibit 32









CERTIFICATION PURSUANT TO 18
U.S.C. SECTION 1350, AS ADOPTED PURSUANT TO SECTION


906 OF THE SARBANES-OXLEY
ACT OF 2002




To my knowledge, this Quarterly Report
on Form 10-Q for the quarter ended September 27, 2008 fully complies with the
requirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934,
and the information contained in this Report fairly represents, in all material
respects, the financial condition and results of operations of Tasty Baking
Company.  In accordance with clause (ii) of Item 601(b)(32), this
certification (A) shall not be deemed “filed” for purposes of Section 18 of the
Exchange Act, or otherwise subject to the liability of that section, and (B)
shall not be deemed to be incorporated by reference into any filing under the
Securities Act or the Exchange Act, except to the extent that the company
specifically incorporates it by reference.




By:
              /s/ Charles P. PizziCharles
      P. PizziPresident
      andChief
      Executive OfficerBy:
              /s/Paul D. RidderPaul
      D. RidderSenior
      Vice President andChief
      Financial Officer




Date:  November
4, 2008
Case: 2:11-cv-00325-EAS-TPK Doc #: 62 Filed: 11/26/13 Page: 1 of 2  PAGEID #: <pageID>

Case: 2:11-cv-00325-EAS-TPK Doc #: 62 Filed: 11/26/13 Page: 2 of 2  PAGEID #: <pageID>

    -       - Superintendent of Documents
      - 2015-05-12T14:59:51-0400
      - US GPO, Washington, DC 20401
      - Superintendent of Documents
      - GPO attests that this document has not been altered since it was disseminated by GPO
# C_2007294EN.01000701.xml

| 6.12.2007 | EN | Official Journal of the European Union | C 294/7 |
| --- | --- | --- | --- |

6.12.2007

EN

Official Journal of the European Union

C 294/7

---

Euro exchange rates (1)

1

5 December 2007

(2007/C 294/06)

1 euro=

1 euro

| | Currency | Exchange rate |
| --- | --- | --- |
| USD | US dollar | 1,4720 |
| JPY | Japanese yen | 162,33 |
| DKK | Danish krone | 7,4574 |
| GBP | Pound sterling | 0,72240 |
| SEK | Swedish krona | 9,3985 |
| CHF | Swiss franc | 1,6458 |
| ISK | Iceland króna | 91,31 |
| NOK | Norwegian krone | 8,0700 |
| BGN | Bulgarian lev | 1,9558 |
| CYP | Cyprus pound | 0,5842 |
| CZK | Czech koruna | 26,237 |
| EEK | Estonian kroon | 15,6466 |
| HUF | Hungarian forint | 252,89 |
| LTL | Lithuanian litas | 3,4528 |
| LVL | Latvian lats | 0,6990 |
| MTL | Maltese lira | 0,4293 |
| PLN | Polish zloty | 3,6000 |
| RON | Romanian leu | 3,5474 |
| SKK | Slovak koruna | 33,260 |
| TRY | Turkish lira | 1,7330 |
| AUD | Australian dollar | 1,6950 |
| CAD | Canadian dollar | 1,4975 |
| HKD | Hong Kong dollar | 11,4751 |
| NZD | New Zealand dollar | 1,9216 |
| SGD | Singapore dollar | 2,1265 |
| KRW | South Korean won | 1 359,47 |
| ZAR | South African rand | 10,0165 |
| CNY | Chinese yuan renminbi | 10,8751 |
| HRK | Croatian kuna | 7,3265 |
| IDR | Indonesian rupiah | 13 638,08 |
| MYR | Malaysian ringgit | 4,9216 |
| PHP | Philippine peso | 61,861 |
| RUB | Russian rouble | 35,9640 |
| THB | Thai baht | 44,440 |

Currency

Exchange rate

USD

US dollar

1,4720

JPY

Japanese yen

162,33

DKK

Danish krone

7,4574

GBP

Pound sterling

0,72240

SEK

Swedish krona

9,3985

CHF

Swiss franc

1,6458

ISK

Iceland króna

91,31

NOK

Norwegian krone

8,0700

BGN

Bulgarian lev

1,9558

CYP

Cyprus pound

0,5842

CZK

Czech koruna

26,237

EEK

Estonian kroon

15,6466

HUF

Hungarian forint

252,89

LTL

Lithuanian litas

3,4528

LVL

Latvian lats

0,6990

MTL

Maltese lira

0,4293

PLN

Polish zloty

3,6000

RON

Romanian leu

3,5474

SKK

Slovak koruna

33,260

TRY

Turkish lira

1,7330

AUD

Australian dollar

1,6950

CAD

Canadian dollar

1,4975

HKD

Hong Kong dollar

11,4751

NZD

New Zealand dollar

1,9216

SGD

Singapore dollar

2,1265

KRW

South Korean won

1 359,47

ZAR

South African rand

10,0165

CNY

Chinese yuan renminbi

10,8751

HRK

Croatian kuna

7,3265

IDR

Indonesian rupiah

13 638,08

MYR

Malaysian ringgit

4,9216

PHP

Philippine peso

61,861

RUB

Russian rouble

35,9640

THB

Thai baht

44,440

---

(1)

1

Source: reference exchange rate published by the ECB.

Source:

---
# C_2007280EN.01000102.xml

| 23.11.2007 | EN | Official Journal of the European Union | C 280/1 |
| --- | --- | --- | --- |

23.11.2007

EN

Official Journal of the European Union

C 280/1

---

Non-opposition to a notified concentration

(Case COMP/M.4887 — Doosan/Bobcat)

(Text with EEA relevance)

(2007/C 280/02)

On 19 October 2007, the Commission decided not to oppose the above notified concentration and to declare it compatible with the common market. This decision is based on Article 6(1)(b) of Council Regulation (EC) No 139/2004. The full text of the decision is available only in English and will be made public after it is cleared of any business secrets it may contain. It will be available:

| — | from the Europa competition website (http://ec.europa.eu/comm/competition/mergers/cases/). This website provides various facilities to help locate individual merger decisions, including company, case number, date and sectoral indexes, |
| --- | --- |

—

from the Europa competition website (http://ec.europa.eu/comm/competition/mergers/cases/). This website provides various facilities to help locate individual merger decisions, including company, case number, date and sectoral indexes,

| — | in electronic form on the EUR-Lex website under document number 32007M4887. EUR-Lex is the on-line access to European law (http://eur-lex.europa.eu). |
| --- | --- |

—

in electronic form on the EUR-Lex website under document number 32007M4887. EUR-Lex is the on-line access to European law (http://eur-lex.europa.eu).

---
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 this Report on Form 10-Q of Summit Financial Services Group, Inc. (the
Company), for the Period ended June 30, 2008, as filed with the Securities and Exchange Commission on the date hereof (the Report), I, Steven C. Jacobs, Executive Vice President and Chief
Financial Officer of the Company, pursuant to 18 U.S.C. § 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, do hereby certify, to my knowledge 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/ Steven C. Jacobs                                
|Steven C. Jacobs                                    
|Executive Vice President and Chief Financial Officer
|Dated: August 14, 2008
#### Porter EVERETT, Mr. Bass of Arkansas, and Boat and Tackle Mart v. Mike WINGERTER

CA 91-231

816 S.W.2d 613

Court of Appeals of Arkansas En Banc

Opinion delivered August 21, 1991

*Walter A. Murray,*for appellant.

*Dale West,*for appellee.

Per Curiam.

Porter Everett, Mr. Bass of Arkansas, and Boat and Tackle Mart have appealed from a judgment in favor of appellee Mike Wingerter in the amount of $3,458.00 plus costs. The judgment was not superseded, and appellee caused a writ of garnishment to be served on a banking institution, which has in its hands assets and things of value belonging to appellants. The garnishee is now holding those assets subject to further proceed*140ings to foreclose the lien of that attachment.

The transcript has now been lodged in this court. Appellants have filed with the clerk a cashier’s check in the amount of $3,750.00 and petition us to approve the deposit as a supersedeas bond, authorize the issuance of an order staying all proceedings pending appeal, and direct the garnishee to release appellants’ assets from the lien of the garnishment.

The issuance of an order staying proceedings pending appeal is governed by Ark. R. App. P. 8(c), which requires that one seeking such supersedeas file a bond having “such surety or sureties as the court may require.” The rule further provides that the bond be to the effect that the appellant shall pay to the appellee all costs and damages, and otherwise perform the judgment or order, if the case is affirmed on appeal, or if the appellant fails to prosecute the appeal or it is dismissed. In *Ryder Truck Rental, Inc.*v. *Sutton,*305 Ark. 374, 807 S.W.2d 909 (1991), the supreme court held that the language of the rule allows the court discretion as to the type of surety it will require for a supersedeas bond, and that sureties other than personal or corporate bonds may be considered, including a pledge of collateral so long as the property pledged is deemed of sufficient value to adequately secure the payment of the judgment. A pledge of cash in an amount sufficient to satisfy the judgment if affirmed on appeal is such an alternative to a personal or corporate bond. We therefore approve the cash bond and authorize the issuance of a supersedeas by the clerk.

Appellants’ motion for an order directing the garnishee to release appellants’ assets from the lien of the garnishment, however, is denied. The effect of a valid supersedeas bond does not have the effect of releasing the lien of prior attachments. Where, as here, the lien of the writ of garnishment has attached before a supersedeas bond is filed, the bond has only the effect of staying further proceedings to enforce the lien. *See Ryder Truck Rental, Inc.*v. *Sutton, supra.*