alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
Exhibit10.12

June 11, 2004

John W. Henry & Company,Inc. 301 Yamato Road, Suite 2200 Boca Raton, Fl.33431-4931

Attn: Mr. Ken Webster

|  |            |                              |
|--|------------|------------------------------|
|  | Re:   | Management AgreementRenewals |

Dear Mr. Webster:

We arewriting with respect to your management agreements concerning thecommodity pools to which reference is made below (the"Management Agreements"). We are extendingthe term of the Management Agreements through June 30, 2005 and allother provisions of the Management Agreements will remainunchanged.

|  |              |                              |
|--|--------------|------------------------------|
|  | •  | ShearsonMid-West FuturesFund |

|  |              |                                                 |
|--|--------------|-------------------------------------------------|
|  | •  | Shearson LehmanSelect Advisors Futures FundL.P. |

|  |              |                                          |
|--|--------------|------------------------------------------|
|  | •  | Smith BarneyMid-West Futures Fund L.P.II |

|  |              |                                        |
|--|--------------|----------------------------------------|
|  | •  | Smith BarneyWestport Futures Fund L.P. |

|  |              |                                                |
|--|--------------|------------------------------------------------|
|  | •  | Hutton Investors FuturesFund, L.P. II (HIFFII) |

|  |              |            |
|--|--------------|------------|
|  | •  | AURORA2001 |

|  |              |           |
|--|--------------|-----------|
|  | •  | AURORAIII |

|  |              |                                       |
|--|--------------|---------------------------------------|
|  | •  | CitigroupDiversified Futures FundL.P. |

|  |              |                                                       |
|--|--------------|-------------------------------------------------------|
|  | •  | Salomon SmithBarney Diversified 2000 Futures FundL.P. |

|  |              |          |
|--|--------------|----------|
|  | •  | Alera100 |

|  |              |                                         |
|--|--------------|-----------------------------------------|
|  | •  | JWH StrategicAllocation Master Fund LLC |

----

Page 2 June 11, 2004

Please acknowledge receipt of this modification by signingone copy of this letter and returning it to the attention of Mr. DanielMcAuliffe at the address above or fax to 212-793-1986. If you have anyquestions I can be reached at 212-559-5043.

Very trulyyours,

CITIGROUP MANAGED FUTURES LLC

|           |                                                                                           |
|-----------|-------------------------------------------------------------------------------------------|
| By:  | /s/ Daniel R. McAuliffe, Jr.Daniel R. McAuliffe, Jr. Chief Financial Officer and Director |

JOHN W. HENRY & COMPANY, INC.

|           |                 |
|-----------|-----------------|
| By:  | /s/ Ken Webster |

Print Name:Ken Webster

DRMcA/sr

----
**EXHIBIT 32**

 

June 17, 2011

 

Via EDGAR

 

Securities and Exchange Commission

Judiciary Plaza

450 Fifth Street, N.W.

Washington, D.C. 20549

 

Re:                               Certification pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002

 

Ladies and Gentlemen:

 

In connection with the Quarterly Report of VOC Energy Trust (the “Trust”) on Form 10-Q for the quarterly period ended March 31, 2011 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:

 

(1)           The Report fully complies with the requirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934, as amended; and

 

(2)           The information contained in the Report fairly presents, in all material respects, the financial condition and results of operations of the Trust.

 

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 Form 10-Q or as a separate disclosure document.

 
|   |   | The   Bank of New York Mellon Trust Company, N.A.    Trustee for VOC Energy Trust |
|--------|--------|-----------------------------------------------------------------------------------|
|   |   |                                                                              |   |
|   |   | By:                                                                               | /s/   MIKE ULRICH |
|   |   |                                                                              | Mike   Ulrich |
|   |   |                                                                              | *Vice President and Trust Officer* |

 

----
#### The People of the State of New York, Respondent, v Jeffrey E. Alnutt, Appellant.

Judgment unanimously affirmed. Memorandum: Defendant argues on appeal that the Trial Judge committed reversible error in refusing to recuse himself on the ground that he was a former District Attorney who had previously prosecuted defendant on a felony charge of which defendant had been acquitted. In the absence of violation of Judiciary Law § 14 or a showing that the court’s alleged bias affected the result in this jury trial, the issue of recusal was a matter left to the Trial Judge’s own conscience *(see, People v Moreno,*70 NY2d 403, 406; *People v Bartolomeo,*126 AD2d 375, 391, *lv denied*70 NY2d 702; *see also, People v Gallagher,*158 AD2d 469, *lv denied*76 NY2d 735).

We have examined defendant’s remaining arguments on appeal and find them to be without merit. (Appeal from Judgment of Oswego County Court, Auser, J.—Criminal Sale Controlled Substance, 3rd Degree.) Present—Denman, J. P., Boomer, Pine, Lawton and Davis, JJ.
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#### Wilcox v. Goldsmith.

1. Practice: party: costs. A party wbo files a disclaimer of interest in the action and moves for a dismissal, which is refused, cannot, after a trial upon the merits and judgment, escape liability for costs upon the ground that he is not a proper party.

*Appeal from Buena Vista District Court.*

Monday, October 23.

Action of replevin for a house not attached to land. There was a trial to the court, without a jury, and judgment for plaintiff. Defendant appeals.

*G. 8.*Bobinson, for appellant.

*William Wart*and *Lot Thomas,*for appellee.

*574Beck, J.

i. practice: party: costs. I. Before the issues in this case were joined defendant filed a disclaimer of any interest in the action, and thereon moved to be dismissed, and that one Bancp; t>e substituted as defendant. The motion was overruled. Thereupon, defendant filed an answer denying plaintiff’s right to recover, and- setting up several special defenses. It is now claimed that the court erred in overruling the motion. We have not before us all the evidence upon which the court acted in ruling on the motion, at least the abstract does not profess to give all. We will presume that there was evidence before the court authorizing the decision on the motion. It may have been shown by Banck himself that he claimed no interest in the suit and that defendant was attempting, by means of the motion, to escape liability.’ The case may have been presented in many other forms requiring the decision upon the motion made by the court. Defendant cannot, after pleading to the action and contesting the case, and after a judgment rendered against him, escape from the costs he has made on the ground that he is not a party, when the court has found, upon a proper issue presented in the pleading, that he, in truth, wrongfully held possession of the house.

II. The abstract does not show that it contains all the evidence. We cannot, therefore, consider the objection made by defendant, that the judgment is in conflict with the testimony.

Affirmed.
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**Exhibit 32.1**

**CERTIFICATION OF PRINCIPAL EXECUTIVE OFFICER AND PRINCIPAL FINANCIAL OFFICER****PURSUANT TO****18 U.S.C. SECTION 1350,****AS ADOPTED PURSUANT TO****SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002**

Each of the undersigned hereby certifies, in accordance with 18 U.S.C. 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, in his or her capacity as an officer of American Technology Corporation (the “Company”), that, to his or knowledge, the Annual Report of the Company on Form 10-K for the fiscal ended September 30, 2003 fully complies with the requirements of Section 13(a) of the Securities Exchange Act of 1934 and that the information contained in such report fairly presents, in all material respects, the financial condition and results of operation of the Company as of the dates and for the periods presented in the financial statements included in such report.

 

| Dated: December29, 2003 |                                                                  |   |   |
|-------------------------|-----------------------------------------------------------------------|--------|--------|
| /s/ ELWOOD G. NORRIS    |                                                                  |   |        |
|                    | Elwood G. Norris, Chairman of the Board.(Principal Executive Officer) |   |   |   |
|                         |                                                                       |        |        |  |

 

| Dated: December29, 2003 |                                                                                                                |   |   |
|-------------------------|---------------------------------------------------------------------------------------------------------------------|--------|--------|
| /s/ CARL GRUENLER       |                                                                                                                |   |        |
|                    | Carl Gruenler Vice President, Military Operations and. Interim Chief Financial Officer(Principal Financial Officer) |   |   |   |
|                         |                                                                                                                     |        |        |  |

 

----
Exhibit 32.1





Certification of Principal Executive Officer


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 PinstripesNYC, Inc. (the "Company") on Form 10-Q for the period ending September 30, 2010 as filed with the Securities and Exchange Commission on the date hereof (the "Report"), I, Clifford Teller, certify, pursuant to 18 U.S.C. ss. 1350, as adopted pursuant to ss. 906 of the Sarbanes-Oxley Act of 2002, that to my knowledge:





(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/ Clifford Teller_____

Clifford Teller

Principal Executive Officer

November 24, 2010
EXHIBIT 23.1


                       CONSENT OF INDEPENDENT ACCOUNTANTS


We have issued our report  dated March 16, 2001  accompanying  the  consolidated
financial  statements  included  in the Annual  Report of  Integrated  Packaging
Assembly  Corporation  on Form 10-K for the year ended  December  31,  2000.  We
hereby  consent  to the  incorporation  by  reference  of  said  reports  in the
Registration Statements of Integrated Packaging Assembly Corporation on Form S-8
(Numbers 333-49365, 333-30457, 333-05571 and 333-88341).



/s/ GRANT THORNTON LLP

Grant Thornton LLP
San Jose, California
March 30, 2001


                                       51
<PAGE>

                           SOUTHWALL TECHNOLOGIES INC.

                                  EXHIBIT 23.1

                       CONSENT OF INDEPENDENT ACCOUNTANTS


We hereby consent to the incorporation by reference in the Registration
Statements of Southwall Technologies Inc. on Form S-8 Nos. 33-28599 (filed on
May 9, 1989), 33-37247 (filed on October 11, 1990), 33-42753 (filed on September
16, 1991), 33-51758 (filed on September 8, 1992), 33-82138 (filed on July 28,
1994), 333-34287 (filed August 25, 1997), 333-66277 (filed on October 28, 1998),
333-79359 (filed on May 26, 1999) and 333-38530 (filed on June 2, 2000), of our
report dated March 3, 2000 except as to Notes 4, 9, 11 and 12, which are as of
September 28,2000 appearing on page 20 of this Form 10-K\A.

PricewaterhouseCoopers LLP
San Jose, California
March 3, 2000 except as to
Notes 4, 9, 11 and 12, which
are as of September 28, 2000
Michigan Supreme Court

Lansing, Michigan

Robert P. Young, Jr.

, Chief Justice

Michael F. Cavanagh

Marilyn Kelly

Stephen J. Markm an Diane M. Hathaway

Mary Beth Kelly

Brian K. Zahra

, Justices

I, Corbin R. Davis, 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.

_________________________________________ Clerk September 26, 2012

p0919 

# Order

September 26, 2012

144980

PEOPLE OF THE STATE OF MICHIGAN,

Plaintiff

- Appellee,

v SC: 144980

COA: 308301

Livingston CC: 10

- 018734

- FH

JEFFREY HOWARD KLAASSEN,

Defendant

- Appellant.

_________________________________________/

On order of the Court, the application for leave to appeal the March 9, 2012 order

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

that the question presented should be reviewed by this Court.

M ARILYN K ELLY , J., woul d remand this case for resentencing.
#### The People of the State of New York, Respondent, v Vincent Miller, Appellant.

Judgment, Supreme Court, New York County (Harold Rothwax, J.), rendered March 23, 1988, which convicted defendant, upon his pleas of guilty, of Criminal Possession of Stolen Property in the Fourth Degree (Indictment No. 9438/87) and Robbery in the Second Degree (Indictment No. 727/88) and sentenced him as a predicate felony offender to indeterminate terms of imprisonment of from *IV2*to 3 years on Indictment No. 9438/87 and 3 to 6 years on Indictment No. 727/88, to be served consecutively, is unanimously affirmed.

Pursuant to a prior order of this Court (162 AD2d 248, *lv dismissed*76 NY2d 895), this appeal was held in abeyance and the matter remanded for a suppression hearing on the defendant’s motion to suppress physical evidence. The hearing was held and a ruling rendered on November 5, 1990 (Allen G. Alpert, J.), denying the defendant’s motion.

While defendant asserts the police officer’s testimony at the hearing was "patently incredible”, we find that the testimony of the arresting officer was properly credited by Criminal Term. We further conclude that the officers had a sufficient basis, under the circumstances, for their initial inquiry, the subsequent investigation and the arrest of defendant.

Defendant’s contention that there were "mitigating circumstances” (Penal Law § 70.25 [2-b]) which the court failed to consider when it imposed consecutive sentences, is also without merit. Considering the gravity of the robbery which defendant committed while out on bail upon the charge of criminal possession of stolen property, defendant received an extremely lenient sentence as a result of a fairly negotiated plea bargain; and we decline to disturb it. Concur—Sullivan, J. P., Milonas, Rosenberger, Asch and Kassal, JJ.
```

[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 411 Introduced in House (IH)]

103d CONGRESS
  1st Session
                                H. R. 411

 To prohibit a State from imposing an income tax on the pension income 
  of individuals who are not residents or domiciliaries of that State.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                            January 5, 1993

  Mr. Stump introduced the following bill; which was referred to the 
                       Committee on the Judiciary

_______________________________________________________________________

                                 A BILL

 
 To prohibit a State from imposing an income tax on the pension income 
  of individuals who are not residents or domiciliaries of that State.

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

SECTION 1. LIMITATION ON STATE TAXATION OF PENSION INCOME.

    (a) In General.--Chapter 4 of title 4 of the United States Code is 
amended by adding at the end thereof the following new section:
``Sec. 114. Limitation on State income taxation of pension income
    ``(a) No State may impose an income tax (as defined in section 
110(c)) on the pension income of any individual who is not a resident 
or domiciliary of such State.
    ``(b) For purposes of subsection (a), the term `State' includes any 
political subdivision of a State, the District of Columbia, and the 
possessions of the United States.''.
    (b) Clerical Amendment.--The table of sections for such chapter 4 
is amended by adding at the end thereof the following new item:

``114. Limitation on State income taxation of pension income.''
    (c) Effective Date.--The amendments made by this section shall 
apply to taxable years beginning after December 31, 1993.

                                 <all>
```
EXHIBIT 32.2

CERTIFICATION

I, Greg S. Lea, Chief Financial Officer of Pemstar Inc. (the Company), certify, pursuant
to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that:



| | 1. | The Annual Report on Form 10-K of the Company for the annual period ended March 31, 2006, as filed with the Securities and Exchange Commission on the date hereof (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: June 22, 2006    
|                       
|/s/ Greg S. Lea        
|Greg S. Lea            
|Chief Financial Officer
FILED: May 27, 1997

PUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 94-1219

Catherine W. Griffin,

Plaintiff - Appellant,

versus

Medtronic, Incorporated,

Defendant - Appellee.

ORDER

On April 30, 1996, this court affirmed in part and reversed in

part the district court's opinion granting Medtronic, Inc.'s motion

for summary judgment. See Griffin v. Medtronic, Inc., 82 F.3d 79

(4th Cir. 1996). The Supreme Court granted certiorari and vacated

this court's judgment for further consideration in light of

Medtronic, Inc. v. Lohr, 518 U.S. ___, 116 S. Ct. 2240 (1996). See

Griffin v. Medtronic, Inc., ___ U.S. ___, 117 S. Ct. 939 (1997).

Expressing no opinion on the ultimate decision, and after reviewing Lohr and, as well, our decision in Duvall v. Bristol-MyersSquibb Co., 103 F.3d 324 (4th Cir. 1996), another case remanded to
us in view of Lohr, we think it better to remand as to each of the

five counts in the Griffin complaint, as named on page two of our

slip opinion in this case, and to require their reconsideration

under Lohr and Duvall, supra.

It is so ORDERED.

Entered at the direction of Senior Judge Michael, with the

concurrence of Judge Widener and Judge Motz.

______________________________

CLERK
EXHIBIT 32.1  SECTION 1350 CERTIFICATION  In connection with the quarterly report of First Titan Corp. (the “Company”) on Form 10-Q/A Amendment No. 2 for the period ended June 30, 2012 as filed with the Securities and Exchange Commission (the “Report”), I, Robert Federowicz, President of the Company, certify, pursuant to 18 U.S.C. SS. 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, 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 result of operations of the Company.  December 6, 2012By:/s/ Robert FederowiczRobert FederowiczPresident, Principal Executive Officer,
Principal Financial and Accounting officer  A signed original of this written statement required by Section 906, or other document authenticating, acknowledging, or otherwise adopting the signature that appears in typed form within the electronic version of this written statement has been provided to the Company and will be retained by the Company and furnished to the Securities and Exchange Commission or its staff upon request.
M14004 – Chemical 4Process FlowCONFIDENTIAL INFORMATION REMOVED