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

                                                                     EXHIBIT 4.4


                                THIRD AMENDMENT
                                       TO
                        BORON, LEPORE & ASSOCIATES, INC.
                              AMENDED AND RESTATED
                        1996 STOCK OPTION AND GRANT PLAN


          WHEREAS, on February 5, 2001 the Board of Directors voted to increase
the base number of shares reserved for issuance under the Plan by 1,200,000
shares and to increase the number of shares for which incentive options may be
issued under the Plan by 1,200,000 shares.

          WHEREAS, the Stockholders of the Company approved such amendments at
the 2001 Annual Meeting of Stockholders of the Company held on May 23, 2001.

          NOW, THEREFORE, the Plan is hereby amended as follows:

          1.  Section 3(a)(i) - The reference to 4,000,000 shares is deleted
              substituting therefor "5,200,000 shares."

          2.  Section 3(a)(ii) - The reference to 4,000,000 shares is deleted
              and substituting therefor "5,200,000 shares."

          3.  Except as otherwise amended herein, the Plan is hereby affirmed in
              all other respects.


IN WITNESS WHEREOF, the undersigned has hereunto signed his name as of May 23,
2001.


                                          /s/ Patrick G. LePore
                                          ------------------------
                                          Patrick G. LePore
                                          Chairman and Chief Executive Officer


                                       9
#### STATE of Louisiana ex rel. Willie D. RICHMOND v. C. Murray HENDERSON, Warden, Louisiana State Penitentiary.

No. 54365.

Supreme Court of Louisiana.

March 1, 1974.

In re: Willie D. Richmond applying for writ of habeas corpus.

Writ refused. There appears to be no error in the ruling complained of.
EXHIBIT 15

REPORT OF INDEPENDENT REGISTERED PUBLIC ACCOUNTING FIRM

Board of Directors and Shareholders

Frischs Restaurants, Inc.

We have
reviewed the accompanying consolidated balance sheet of Frischs Restaurants, Inc. (an Ohio Corporation) and subsidiaries as of March 9, 2010, and the related consolidated statement of earnings for each of the forty week and twelve week
periods ended March 9, 2010 and March 10, 2009 and the related consolidated statements of shareholders equity and cash flows for the forty week periods ended March 9, 2010 and March 10, 2009. These interim financial
statements are the responsibility of the Companys management.

We conducted our review in accordance with the standards of the Public
Company Accounting Oversight Board (United States). A review of interim financial information consists principally of applying analytical procedures and making inquiries of persons responsible for financial and accounting matters. It is
substantially less in scope than an audit conducted in accordance with the standards of the Public Company Accounting Oversight Board (United States), the objective of which is the expression of an opinion regarding the financial statements taken as
a whole. Accordingly, we do not express such an opinion.

Based on our review, we are not aware of any material modifications that should be
made to the accompanying financial statements for them to be in conformity with accounting principles generally accepted in the United States of America.

We have previously audited, in accordance with the standards of the Public Company Accounting Oversight Board (United States), the consolidated balance
sheet as of June 2, 2009, and the related consolidated statements of earnings, shareholders equity and cash flows for the year then ended (not presented herein); and in our report dated July 24, 2009, we expressed an unqualified
opinion on those consolidated financial statements.



|                               
|-------------------------------
|/s/ Grant Thornton LLP         
|Cincinnati, Ohio
April 15, 2010
**EXHIBIT 31.1**

 

**CERTIFICATIONPURSUANT TO SECTION 302 OF**

**THESARBANES-OXLEY ACT OF 2002**

 

I, John L. Cutter,certify that:

 

1.               I have reviewed this quarterly report onForm 10-Q of Friendly Ice Cream Corporation;

 

2.               Based on my knowledge, this report doesnot contain any untrue statement of a material fact or omit to state a materialfact necessary to make the statements made, in light of the circumstances underwhich such statements were made, not misleading with respect to the periodcovered by this report;

 

3.               Based on my knowledge, the financialstatements, and other financial information included in this report, fairlypresent in all material respects the financial condition, results of operationsand cash flows of the registrant as of, and for, the periods presented in thisreport;

 

4.               The registrant’s other certifyingofficer(s) and I are responsible for establishing and maintaining disclosurecontrols and procedures (as defined in Exchange Act Rules 13a-15(e) and15d-15(e)) for the registrant and have:

 

(a)   Designedsuch disclosure controls and procedures, or caused such disclosure controls andprocedures to be designed under our supervision, to ensure that materialinformation relating to the registrant, including its consolidated subsidiaries,is made known to us by others within those entities, particularly during theperiod in which this report is being prepared;

 

(b)   Evaluatedthe effectiveness of the registrant’s disclosure controls and procedures andpresented in this report our conclusions about the effectiveness of thedisclosure controls and procedures, as of the end of the period covered by thisreport based on such evaluation; and

 

(c)   Disclosedin this report any change in the registrant’s internal control over financialreporting that occurred during the registrant’s most recent fiscal quarter (theregistrant’s fourth fiscal quarter in the case of an annual report) that hasmaterially affected, or is reasonably likely to materially affect, theregistrant’s internal control over financial reporting; and

 

5.               The registrant’s other certifyingofficer(s) and I have disclosed, based on our most recent evaluation ofinternal control over financial reporting, to the registrant’s auditors and theaudit committee of the registrant’s board of directors (or persons performingthe equivalent functions):

 

(a)   Allsignificant deficiencies and material weaknesses in the design or operation ofinternal control over financial reporting which are reasonably likely toadversely affect the registrant’s ability to record, process, summarize andreport financial information; and

 

(b)   Anyfraud, whether or not material, that involves management or other employees whohave a significant role in the registrant’s internal control over financialreporting.

 

Date: April 26, 2004
|   | /s/  JOHN L. CUTTER         |
|--------|---------------------------------------|
|   | Chief Executive Officer and President |

 

----
Exhibit 32.1

Certification  Pursuant to Section 906 of the Sarbanes-Oxley Act of 2002  (Subsections (a) and (b) of Section 1350, Chapter 63 of Title 18, United States Code)

Pursuant
to Section 906 of the Sarbanes-Oxley Act of 2002 (subsections (a) and (b) of Section 1350, Chapter 63 of Title 18, United States Code), the undersigned officer of SOURCECORP,
Incorporated, a Delaware corporation (the "Company"), does hereby certify that:

The
Annual Report on Form 10-K for the year ended December 31, 2003 (the "Form 10-K") of the Company fully complies with the requirements of
Section 13(a) or 15(d) of the Securities Exchange Act of 1934 and information contained in the Form 10-K fairly presents, in all material respects, the financial condition
and results of operations of the Company.

|Date: March 12, 2004 |  |  |  | /s/ Ed H. Bowman, Jr.Ed H. Bowman, Jr.
President and Chief Executive Officer
|-------------------- |  |  |  | ----------------------------------------------------------------------------

The
foregoing certification is being furnished solely pursuant to Section 906 of the Sarbanes-Oxley Act of 2002 (subsections (a) and (b) of Section 1350, Chapter 63 of
Title 18, United States Code).

---

QuickLinks
----

|   | (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. |
|--------|-----|---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|

| Date:                December 19, 2007 | By:    | /s/                Eric S. Langan                                                 |   |
|----------------------------------------|--------|-----------------------------------------------------------------------------------|--------|
|                                   |   | Eric                S. Langan                                                     |
|                                   |   | Chief                Executive Officer/Principal Executive                Officer |

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


<ARTICLE>                     5
<LEGEND>
     This Schedule  contains summary  financial  information  extracted from the
Form 10-QSB of General Devices, Inc., for the six months ended June 30, 2000 and
is qualified in its entirety by reference to such financial statements.

</LEGEND>
<CIK>                                      0000040528
<NAME>                                     GENERAL DEVICES, INC.
<MULTIPLIER>                               1000

<S>                                        <C>
<PERIOD-TYPE>                              6-MOS
<FISCAL-YEAR-END>                    DEC-31-2000
<PERIOD-START>                       JAN-01-2000
<PERIOD-END>                         JUN-30-2000
<CASH>                                         5
<SECURITIES>                                   0
<RECEIVABLES>                                  0
<ALLOWANCES>                                   0
<INVENTORY>                                    0
<CURRENT-ASSETS>                               5
<PP&E>                                         0
<DEPRECIATION>                                 0
<TOTAL-ASSETS>                                 5
<CURRENT-LIABILITIES>                          9
<BONDS>                                        0
<PREFERRED-MANDATORY>                          0
<PREFERRED>                                    0
<COMMON>                                     100
<OTHER-SE>                                  (105)
<TOTAL-LIABILITY-AND-EQUITY>                   5
<SALES>                                        0
<TOTAL-REVENUES>                               0
<CGS>                                          0
<TOTAL-COSTS>                                  0
<OTHER-EXPENSES>                              33
<LOSS-PROVISION>                               0
<INTEREST-EXPENSE>                             0
<INCOME-PRETAX>                              (33)
<INCOME-TAX>                                   0
<INCOME-CONTINUING>                          (33)
<DISCONTINUED>                                 0
<EXTRAORDINARY>                                0
<CHANGES>                                      0
<NET-INCOME>                                 (33)
<EPS-BASIC>                                (.003)
<EPS-DILUTED>                              (.003)



</TABLE>
I

103D CONGRESS

1ST SESSION H. R. 779

To reauthorize the Atlantic Tunas Convention Act of 1976.

IN THE HOUSE OF REPRESENTATIVES

FEBRUARY 3, 1993

Mr. MANTON (for himself, Mr. STUDDS, and Mr. YOUNG of Alaska) introduced the following bill; which was referred to the Committee on Merchant Marine and Fisheries

A BILL

To reauthorize the Atlantic Tunas Convention Act of 1976.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. REAUTHORIZATION OF ATLANTIC TUNAS CON4 VENTION ACT OF 1976.

5 Section 10 of the Atlantic Tunas Convention Act of

6 1976 (16 U.S.C. 971h) is amended by striking ‘‘1989,’’

7 and all that follows through the end of the section and

8 inserting the following: ‘‘1993, 1994, 1995, 1996, and

9 1997.’’.

Æ
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 on Form 10-Q of Florida Public Utilities Company (the "Company") for the period ended March 31, 2004 as filed with the Securities and Exchange Commission on the date hereof (the "Form 10-Q"), I, George M. Bachman, Chief Financial Officer of the Company, certify, to the best of my knowledge, pursuant to 18 U.S.C. § 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that:



(1)

The Form 10-Q 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 Form 10-Q fairly presents, in all material respects, the financial condition and results of operations of the Company.

/s/George M. Bachman

George M. Bachman

Chief Financial Officer

May 14, 2004
<TABLE> <S> <C>

<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM FORM 10Q -
QUARTER ENDED 12/31/99 AND IS QUALIFIED IN ITS ENTIRETY BY REFERENCE TO SUCH.
</LEGEND>

<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                          MAR-31-1999
<PERIOD-START>                             OCT-01-1999
<PERIOD-END>                               DEC-31-1999
<CASH>                                         136,478
<SECURITIES>                                         0
<RECEIVABLES>                               10,392,403
<ALLOWANCES>                                         0
<INVENTORY>                                 26,695,416
<CURRENT-ASSETS>                            37,392,030
<PP&E>                                      19,599,634
<DEPRECIATION>                              11,908,688
<TOTAL-ASSETS>                              45,708,057
<CURRENT-LIABILITIES>                       10,174,067
<BONDS>                                      6,800,000
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                     7,188,213
<OTHER-SE>                                  21,055,217
<TOTAL-LIABILITY-AND-EQUITY>                45,708,057
<SALES>                                     29,894,914
<TOTAL-REVENUES>                            29,947,612
<CGS>                                       28,010,830
<TOTAL-COSTS>                               29,069,887
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                             119,814
<INCOME-PRETAX>                                757,911
<INCOME-TAX>                                   257,690
<INCOME-CONTINUING>                            500,221
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                   500,221
<EPS-BASIC>                                       0.07
<EPS-DILUTED>                                     0.07


</TABLE>
OFFICE OFTHEATrORNEY GENERALOFTEXAS 

AUSTIN 

Bear alrt Attention, 
EiQOtidII i708t Ud3&A ., provides ES lollove~ 

"The Federal aratllt uqions ergaaized 

hersun~sr,, their property, their franohlee~p, 

oagital, rsastisu bu~pluaes, and other 

fuudrr, rnd their hmm shall be em@ 

f%mi all taxation now or hareeftor~ iiup~oaed 

b the Vnfted States QT by any State, Terr 1 torlal or looal taxing authorityt 8xoept that tiy raal property an6 any tan&ble 

pereonal property of euah Federal ore&it 

union8 shall be subjeet to Federal, State, 

TbrritWial., and lOsal ta%cAion to the same 

extent as other similar proparty is taxwl 

INkthing herein oimq&m3 shall prevent .hcidb&s in.any Feibra~ twadit union organized 

hertitiUer PrWbe 

9 

lnoluded in the valuation of the peraqna propert of tbs owncira' 

'ox holders thereof in aese~8 1 a& taxes &a- 

'posed by authority of the State 6~ politlaal 

aubdivfsian thereof in whhfah~ the Bedaral 

oredft union is looatedl i?rovided however, 

That the duty or butden 01 oollsot~n~ OX' 

enforoihg~~the payment of+ euah tax ahall not 

ba i~~posed upon my auoh Federal orsdit 

union snd the tax shall not ex&eed the rate 

of taxes imposed upon holdings in domabcio 

oredit unions. .A8 smendea, ,Dear 6, 1937, 

0. 3, E 4, 51 Stat.* 

K8 haoe expraseed the opinion that mortgages taken by 

nationat banks are not aubjeot to th4 tax levied by the statute. 

Opinion Xo, 0-W74r And, in tba daaa ol' Fadaral Land Rank vsb 

~rosland, Sfjl V.3. 374, 67 L, Ed. 703; the ?aqmme Ccurt of 

ths Ensted Fltates held thdt the Federal land banks were not subject 

to a 'stniler tax levied by thy Stat3 of frlabama. 
Htmorabla Uherley Lookhart, Page 3 

pilvate bsneiits bn large partr Xo-o?~,etha %a%-is expreeeY 

ellowed to levy aertaln teml upon their propertiseb Ssot on 1767 J&&S then a nts or the United States ror the performnoo or oertala th f&P benerlolal to the Federal cm-emmat. Ssotloa 1768 exteadlr to than osrtaln axemptfons from 

stste taxation. Doubtleas th6 aongrem relt that it we arfording an exeuaptlon rrm looal taxation in an equitable proportion to the sdnlosu e eotad from ruoh oonoems as agcnoies 

or the Unitsd Bfatear A# "p n the OWY of !mtiOnal bank6 and 

,P&ral land banks we think the aongress aoted wlthla It-8 

powar in the enaotment or Seotlon 1767r we am rurther of the 

oplnlon that the language of that seotion forbibs the levy ancl 

oollsotlou of thle tax ea against organieatlona ionned under 

the Federal Orodlt Union Aotr 

negatloe. 

Your question is anmered in the 

Your8 very truly 

A'R%RlQETaEKERAL OFTEXAB 

BY 

mmll i%ewl* 

ASh3tant 

AT’T’RQVRD 

OPImO~ aa?@.mTm 

By /e/ B.W.B., Chairman
##### 



1.
    
    I have reviewed this Annual Report on Form 10-KSB of Sutura, 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)) for the registrant 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 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; andc)
    
    Disclosed in this report any change in the registrants
internal control over financial reporting that occurred during the registrants
fourth quarter of 2007 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 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):
 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; andb)
    
    Any fraud, whether or not material, that involves management or
other employees who have a significant role in the registrants internal control
over financial reporting.
 Date:    April 15, 2008
    By:

/s/
Brian AbrahamBrian AbrahamChief Executive Officer