alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
ex10-1.htm


    Exhibit 10.1

    
 

    
      	
                Exobox
      Technologies

                  Security
      Beyond the EnterpriseTM

            	
              2121
      Sage Road, Suite 200

              Houston,
      Texas 77056

              Phone  713.625.7800

              Fax  713.625.7890

            


    


    April 14,
2010

    


    Mr.
Michael S. Studdard

    Chairman
of the Board of Directors

    Exobox
Technologies Corp.

    2121 Sage
Road, Suite 200

    Houston,
Texas 77056

    


    Re:           Resignation
from the Board

    


    Dear
Mike:

    


    With this letter, I hereby resign as a
Director of Exobox Technologies Corp (“Exobox”), effective at 5:00 p.m. on April
14, 2010. I have no disagreements with Exobox on any accounting or legal policy,
principle or practice.

    


    As you know, I agreed to serve as a
director in spite of unrelated significant demands on my time in order to assist
you with certain specific pressing matters confronting management and the Board.
However, given my recent decision to accept the job as Exobox president and CEO,
I believe that I can best serve the interest of Exobox and its shareholders by
resigning from the Board to concentrate on my duties as CEO.

    


    I look forward to working with you this
year to get Exobox back on track.

    


    

      
        	 
      	
                Sincerely,

              
	 
      	 
      
	 
      	
                 

              
	 
      	
                /s/ Floyd H.
      Griffith

              
	 
      	
                Floyd
      H. Griffith
EXHIBIT 31.2

CERTIFICATION

I, Steven M. Caspers, certify that:

1. I have reviewed this annual report on Form 10-K of
Minn-Dak Farmers Cooperative;

2. Based on my knowledge, this annual 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 annual report;

3. Based on my knowledge, the financial statements,
and other financial information included in this annual 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 annual
report;

4. The Companys other certifying officers 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 Company and
have:

a) designed such disclosure controls and procedures 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 annual report is being prepared;

b) 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

c) disclosed in this report any change in our internal
control over financial reporting that occurred during our most recent fiscal
quarter (fourth fiscal quarter) that has materially affected, or is reasonably
likely to materially affect, our internal control over financial reporting; and

5. the Companys other certifying officers and I have
disclosed, based on our most recent evaluation of internal control over
financial reporting, to our auditors and to the audit committee of our board of
directors:

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 our 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 registrants
internal control over financial reporting.

|      |          |                                                     
|----- | -------- | ----------------------------------------------------
|Date: | 11-28-06 | /s/ Steven M. Caspers                               
|      |          |                                                     
|      |          | Executive Vice President and Chief Financial Officer

---
EXHIBIT 12

MINN DAK FARMERS
COOPERATIVECOMPUTATION OF RATIO OF NET PROCEEDS TO FIXED CHARGES(IN THOUSANDS)

|                                                            |  | Year Ended August 31,
|----------------------------------------------------------- |  | ---------------------
|
|                                                            |  |                      
|Earnings:                                                   |  |                      
|Net proceeds before income taxes from continuing operations |  |                      
|Fixed charges, excluding capitalized interest, see below    |  |                      
|Amortization of capitalized interest                        |  |                      
|                                                            |  |                      
|                                                           
|Net Proceeds                                                |  |                      
|                                                            |  |                      
|                                                           
|Fixed Charges:                                              |  |                      
|Interest Expense                                            |  |                      
|Interest factor included in rentals (1)                     |  |                      
|                                                            |  |                      
|                                                           
|Fixed charges, excluding capitalized interest               |  |                      
|Interest capitalized                                        |  |                      
|                                                            |  |                      
|Fixed Charges                                               |  |                      
|                                                            |  |                      
|                                                           
|Ratio of net proceeds to fixed charges                      |  |                      
|                                                            |  |                      

|(1) |  | The
company does lease certain items, such as office equipment. Due to the
proportionately small amounts involved, interest on such lease payments has not
been included in the total of the companys fixed charges of the
calculation of this ratio.
|--- |  | ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------

---
COURT OF APPEALS

SECOND DISTRICT OF TEXAS

FORT WORTH

NO. 02-12-00442-CV

IN RE TESSA HAIRELL RELATOR

------------

ORIGINAL PROCEEDING

------------

MEMORANDUM OPINION1

------------

The court has considered relator’s petition for writ of mandamus and is of 

the opinion that relief should be denied. Accordingly, relator’s petition for writ of 

mandamus is denied.

PER CURIAM

PANEL: GARDNER, J. ; LIVINGSTON, C.J.; and DAUPHINOT, J.

LIVINGSTON, C.J., would request a response.

DELIVERED: November 6, 2012

 

1See Tex. R. App. P. 47.4, 52.8(d).
<PAGE>




                                                                    EXHIBIT 99.2

CERTIFICATION REQUIRED BY 18 U.S.C. SECTION 1350
(AS ADOPTED PURSUANT TO SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002)


I, Glenn J. Holler, as Chief Financial Officer of International Wire Group, 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 to my
knowledge:

(1)      the accompanying Annual Report on Form 10-K of the Company for the
         fiscal year ended December 31, 2003 (the "Report"), filed with the U.S.
         Securities and Exchange Commission, 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 Company.


Dated: March 31, 2003


/s/ Glenn J. Holler
-------------------------------------
Glenn J. Holler
Senior Vice President and
Chief Financial Officer
EXHIBIT 32.1





CERTIFICATION OF CHIEF EXECUTIVE OFFICER AND CHIEF FINANCIAL OFFICER


PURSUANT TO 18 U.S.C. SECTION 1350,


AS ADOPTED PURSUANT TO


SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002





The undersigned, Harold Gardner, the Interim Chief Executive Officer, and Frank Garcia, the Chief Financial Officer, of Zoro Mining Corp. (the “Company”), each hereby certifies, pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that, to his knowledge, the Quarterly Report on Form 10-Q for the period ended January 31, 2012, fully complies with the requirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934, as amended, and that the information contained in the Quarterly Report on Form 10-Q fairly presents in all material respects the financial condition and results of operations of the Company.





/s/ Harold Gardner

Harold Gardner

Interim Chief Executive Officer, President and a director

Date:  March 21, 2012/s/ Frank Garcia

Frank Garcia

Chief Financial Officer

Date:  March 21, 2012





A signed original of this written statement required by Section 906, or other document authenticating, acknowledging, or otherwise adopting the signatures that appear in typed form within the electronic version of this written statement required by Section 906, 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.
United States Court of Appeals

FOR THE EIGHTH CIRCUIT

_____________

No. 96-4197NE

_____________

Conagra, Inc., doing business as *

Conagra Feed Ingredient Merchandising *

Company, Inc., *

*

Appellee, *

*

v. *

*

Bartlett and Company, *

*

Appellant. *

_____________ Appeals from the United States

District Court for the District of

No. 96-4200NE Nebraska.

_____________

 [UNPUBLISHED]

Conagra, doing business as Conagra *

Feed Ingredient Merchandising *

Company, Inc., *

*

Appellant, *

*

v. *

*

Bartlett and Company, *

*

Appellee.

_____________

 Submitted: September 11, 1997
-2-

Filed: September 18, 1997

_____________

Before FAGG, WOLLMAN, and LOKEN, Circuit Judges.

_____________

PER CURIAM.

Bartlett and Company appeals and Conagra cross-appeals from the district

court's order and judgment following a bench trial in this diversity-based breach of

contract action. Having carefully reviewed the case, and having considered de novo

the disputed issues of Nebraska law, we conclude neither Bartlett and Company nor

Conagra are entitled to relief. We further conclude the district court's fact-findings are

not clearly erroneous and no error of law appears. Because this case is highly fact

specific and involves an interpretation of Nebraska law, an extensive opinion would

have no precedential value. We thus affirm on the basis of the district court's opinion.

See 8th Cir. R. 47B.

A true copy.

Attest:

CLERK, U.S. COURT OF APPEALS, EIGHTH CIRCUIT.
Exhibit 10(a)



 EXHIBIT 10(a) 

Consent of Independent Registered Public Accounting Firm 







 Consent of Independent Registered Public Accounting Firm 

We consent to the reference to our firm under the caption “Independent Registered Public Accounting Firm” in the Statement of Additional
Information and to the use of our reports: (1) dated April 19, 2010, with respect to the statutory-basis financial statements and schedules of Transamerica Life Insurance Company, and (2) dated April 23, 2010, with respect to the financial
statements of the subaccounts of Separate Account VA B, included in Post-Effective Amendment No. 48 to the Registration Statement (Form N-4 No. 33-33085) under the Securities Act of 1933 and related Prospectus of the Transamerica Landmark Variable
Annuity. 
 /s/ Ernst & Young LLP 

Des Moines, Iowa 
 April 23, 2010
Exhibit 32.1

Certification of the President and Chief 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 Report of the Federal Home Loan Bank of Seattle (the Bank) on Form 10-Q/A for the period ended September 30, 2008 as filed with
the Securities and Exchange Commission on the date hereof (the Report), I, Richard M. Riccobono, certify, pursuant to 18 U.S.C. Section 1350, as adopted pursuant to §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 results of operations of the Bank.

Date: November 24, 2008



|                                     
|-------------------------------------
|/s/ Richard M. Riccobono             
|Richard M. Riccobono                 
|President and Chief Executive Officer
IN THE SUPREME COURT OF THE STATE OF MONTANA

No. DA 22-0632

STATE OF MONTANA, 

Plaintiff and Appellee, 

v. 

LORENZO JAMES HARRIS,

Defendant and Appellant.

ORDER

Upon consideration of Appellant’s motion for extension of time, 

and good cause appearing,

IT IS HEREBY ORDERED that Appellant is granted an extension 

of time to and including March 17, 2023, within which to prepare, file, 

and serve Appellant’s opening brief on appeal.

Electronically signed by:

Mike McGrath

Chief Justice, Montana Supreme Court

February 8 2023

02/08/2023

Case Number: DA 22-0632
<PAGE>

           Consent of Independent Registered Public Accounting Firm

We consent to the reference to our firm under the caption "Independent
Registered Public Accounting Firm" in the Statement of Additional Information
and the incorporation by reference therein and to the use of our report dated
February 27, 2006 with respect to the consolidated financial statements of IDS
Life Insurance Company (name subsequently changed to RiverSource Life
Insurance Company) and to the use of our report dated March 31, 2006 with
respect to the financial statements of American Enterprise Variable Annuity
Account (name subsequently changed to RiverSource Variable Annuity Account) in
the Initial Registration Statement on Form N-4 for the registration of the
RiverSource Endeavor Select(SM) Variable Annuity offered by RiverSource Life
Insurance Company.

                                                 /s/ Ernst & Young LLP
                                                 ----------------------------
                                                     Ernst & Young LLP

Minneapolis, Minnesota
January 2, 2007
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





In connection with the Quarterly Report of Black Nickel Acquisition Corp. III (the "Company") on Form 10-Q for the period ended September 30, 2010 as filed with the Securities and Exchange Commission on the date hereof (the "Report"), I, Michael D. Pruitt, 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 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.





February 25, 2011
/s/ Michael D. PruittMichael D. PruittPrincipal Executive OfficerPrincipal Financial Officer
#### Purcell et al., Appellants, *v.*Waechter, Appellee.

(No. 31069

Decided June 18, 1947.)

*Mr. Robert FosdicJc,*for appellants.

*Messrs. Forney & Rheins,*for appellee.

It is ordered and adjudged, *sua sponte,*that this appeal as of right be, and the same hereby is, dismissed for the reason, that no debatable constitutional question is involved.

*Appeal dismissed.*

Weygandt, C. J., Turner, Matthias, Hart, Zimmerman, Sohngen and Stewart,.JJ., concur.
---

Exhibit 23

CONSENT OF INDEPENDENT REGISTERED PUBLIC ACCOUNTING FIRM We consent to the incorporation by reference in Registration Statement on Form S-8 (No. 333-129525), Form S-8 (No. 333-128776) and Form S-8 (No. 333-60353) of Birner Dental Management Services, Inc. of our report dated March 30, 2010, relating to our audit of the consolidated financial statements and the financial statement schedule, which appear in the Annual Report on Form 10-K of Birner Dental Management Services, Inc. for the year ended December 31, 2009. HEIN& ASSOCIATES LLP Denver, Colorado 
March 30, 2010


---
#### STATE OF CONNECTICUT *v.*ADAM CARMON

The defendant’s petition for certification for appeal from the Appellate Court, 47 Conn. App. 813 (AC 16414), is denied.

NORCOTT and KATZ, Js., did not participate in the consideration or decision of this petition.

*919
      *Suzanne Zitsex,*assistant public defender, in support of the petition.

*James A. Killen,*assistant state’s attorney, in opposition.

Decided April 8, 1998
```

[Federal Register Volume 78, Number 5 (Tuesday, January 8, 2013)]
[Notices]
[Page 1206]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-00096]

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

DEFENSE NUCLEAR FACILITIES SAFETY BOARD

Second Extension of Hearing Record Closure Date

AGENCY: Defense Nuclear Facilities Safety Board.

ACTION: Second extension of hearing record closure date.

-----------------------------------------------------------------------

SUMMARY: The Defense Nuclear Facilities Safety Board (Board) published 
a document in the Federal Register on August 15, 2012, (77 FR 48970), 
as amended, September 7, 2012, (77 FR 55196). The publication concerned 
notice of a hearing and meeting on October 2, 2012, regarding safety-
related aspects of the design and factors that could affect the timely 
execution of the Uranium Processing Facility (UPF) project at the Y-12 
National Security Complex. The Board stated in the August 15, 2012, 
hearing notice that the hearing record would remain open until November 
2, 2012, for the receipt of additional materials. The Board 
subsequently extended the hearing record closure date to January 2, 
2013 (77 FR 65871).
    Extension of Time: The Board now extends the period of time for 
which the hearing record will remain open to January 16, 2013, to 
further accommodate submission of answers to questions taken for the 
record during the course of the public hearing.
    Contact Person for Further Information: Debra H. Richardson, Deputy 
General Manager, Defense Nuclear Facilities Safety Board, 625 Indiana 
Avenue NW., Suite 700, Washington, DC 20004-2901, (800) 788-4016. This 
is a toll-free number.

    Dated: January 2, 2013.
Peter S. Winokur,
Chairman.
[FR Doc. 2013-00096 Filed 1-7-13; 8:45 am]
BILLING CODE 3670-01-P
```
Exhibit 10.4 to Electromed, Inc. Form S1



Exhibit 10.4


TERM NOTE B


	
  

 	
  

 
	
 $1,000,000

 	
 December 9, 2009

 Minneapolis, Minnesota

 



          FOR
VALUE RECEIVED, ELECTROMED, INC., a corporation organized under the laws of the
State of Minnesota hereby promises to pay to the order of U.S. BANK NATIONAL
ASSOCIATION (the “Bank”) at its main office in Minneapolis, Minnesota, in
lawful money of the United States of America in Immediately Available Funds (as
such term and each other capitalized term used herein are defined in the Credit
Agreement hereinafter referred to) the principal amount of ONE MILLION AND
NO/100 DOLLARS ($1,000,000.00) and to pay interest (computed on the basis of
actual days elapsed and a year of 360 days) in like funds on the unpaid
principal amount hereof from time to time outstanding at the rates and times
set forth in the Credit Agreement.


          The
principal hereof is payable as provided in the Credit Agreement.


          This
note is the Term Note B referred to in the Credit Agreement dated as of
December 9, 2009 (as the same may hereafter be from time to time amended,
restated or otherwise modified, the “Credit Agreement”) between the undersigned
and the Bank. This note is secured and its maturity is subject to acceleration,
in each case upon the terms provided in said Credit Agreement.


          In
the event of default hereunder, the undersigned agrees to pay all costs and
expenses of collection, including reasonable attorneys’ fees. The undersigned
waives demand, presentment, notice of nonpayment, protest, notice of protest
and notice of dishonor.


          THE
VALIDITY, CONSTRUCTION AND ENFORCEABILITY OF THIS NOTE SHALL BE GOVERNED BY
THE INTERNAL LAWS OF THE STATE OF MINNESOTA WITHOUT GIVING EFFECT TO THE
CONFLICT OF LAWS PRINCIPLES THEREOF,, BUT GIVING EFFECT TO FEDERAL LAWS OF THE
UNITED STATES APPLICABLE TO NATIONAL BANKS.


	
  

 	
  

 	
  

 
	
  

 	
 ELECTROMED, INC.

 
	
  

 	
  

 	
  

 
	
  

 	
 By:

 	
 

 
	
  

 	
 Name: Robert D. Hansen

 
	
  

 	
 Title: Chief Executive Officer
### IN THE SUPREME COURT STATE OF NORTH DAKOTA

2022 ND 36

Byron Whetsel, Petitioner and Appellant

v. State of North Dakota, Respondent and Appellee

No s

. 20210180 , 20210181

Appeal from the District Court of Ransom County, Southeast Judicial District, the Honorable Jay A. Schmitz , Judge.
AFFIRMED

. Per Curiam

. Benjamin C. Pulkrabek, Mandan, ND, for petitioner and appellant.
Fallon M. Kelly, State’s Attorney, Lisbon, ND, for respondent and appellee.1 Whetsel v. State No s . 20210180 , 20210181
Per Curiam

. [¶1] Byron Whetsel appeals from an order dismissing his application s for post

- conviction relief. In 2017, Whetsel was convicted of child abuse, child neglect, and murder. See State v. Whetsel , 2017 ND 237, 902 N.W.2d 924. In Dec ember 2017, Whetsel applied for post

- conviction relief. The district court denied his application, which was affirmed on appeal. See Whetsel v. State , 2019 ND 237, 933 N.W.2d 466. In September 2020, Whetsel filed a second application for post

- conviction re lief. The district court denied his application, and the court’s decision was reversed on appeal and remanded. See Whetsel v. State , 2021 ND 28, 955 N.W.2d 57. In December 2020, Whetsel filed a third application for post

- conviction relief while the appeal was pending. The two cases were consolidated, and the State moved to dismiss. The district cour t granted the State’s motion to dismiss , concluding the application s w ere brought outside the two

- year statute of limitations under N.D.C.C. § 29

- 32.1

- 01(2) and none of the exceptions applied under N.D.C.C. § 29

- 32.1

- 01(3)

. [¶2] On appeal, Whetsel argues the district court erred by denying his claim of ineffective assistance of post

- conviction counsel

. We conclude the district court did not err in determining Whetsel’s applications are untimely and are barred by the statute of limitations. We summarily affirm under N.D.R.App.P. 35.1(a)( 6 )

. [¶3] Jon J. Jensen, C.J. Gerald W. VandeWalle Daniel J. Crothers Lisa Fair McEvers Jerod E. Tufte