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

Exhibit 32.2

CERTIFICATION PURSUANT TO18 U.S.C. § 1350, AS
ADOPTED PURSUANT TOSECTION 906 OF THE SARBANES-OXLEY ACT OF
2002

In connection with the Quarterly Report of Xeno Transplants
Corporation (the Company) on Form 10-QSB for the period ended December 31,
2007 as filed with the Securities and Exchange Commission on the date hereof
(the Report), I, Wayne Smith, Chief Financial Officer and Treasurer of the
Company, certify, pursuant to 18 U.S.C. § 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 19, 2008 | /s/
      Wayne Smith                       
|----------------- | --------------------------------------------
|                  | Wayne Smith                                 
|                  | Chief Financial Officer                     
|                  | (principal financial and accounting officer)

---
Exhibit 23    Consent of the Certified
Public Accountants

---

# Exhibit 23

# CONSENT OF INDEPENDENT
REGISTERED PUBLIC ACCOUNTING FIRM

We consent to the incorporation by
reference in the Registration Statement on Form S-8 (No. 333-48271) pertaining to the
Beach First National Bancshares, Inc. 1997 Stock Incentive Plan of our report dated
January 21, 2005, with respect to the consolidated financial statements of Beach First
National Bancshares, Inc. and Subsidiary which is included in the Annual Report on Form
10-KSB for the year ended December 31, 2004.

/s/ Elliott Davis, LLC
Elliott Davis, LLCMarch 21, 2005Columbia, South Carolina
#### The People of the State of New York, Respondent, v William Brady, Appellant.

Appeal by the defendant from a judgment of the Supreme Court, Westchester County (Cowhey, J.), rendered March 21, 1989, convicting him of burglary in the third degree, upon his plea of guilty, and imposing sentence.

Ordered that the judgment is affirmed.

We have reviewed the record and agree with the defendant’s assigned counsel that there are no nonfrivolous issues which could be raised on appeal. Counsel’s application for leave to withdraw as counsel is granted *(see, Anders v California,*386 US 738; *People v Paige,*54 AD2d 631; *cf., People v*
      *549
      *Gonzalez,*47 NY2d 606). Mangano, P. J., Brown, Sullivan, Harwood and Miller, JJ., concur.
UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 11-6288

LA’RON MARSHALL,

Plaintiff – Appellant,

v.

HARLEY LAPPIN, Director of the BOP; K. M. WHITE, 

Mid-Atlantic Regional Dir.; JAMES CROSS, Warden USP 

Hazelton; DEBBIE LOHR, DHO Official of USP-Hazelton; 

CONSTANCE REESE, Warden FCI Talladega,

Defendants - Appellees.

Appeal from the United States District Court for the Northern 

District of West Virginia, at Elkins. John Preston Bailey, 

Chief District Judge. (2:10-cv-00003-JPB-DJJ)

Submitted: October 31, 2011 Decided: November 29, 2011

Before GREGORY, SHEDD, and KEENAN, Circuit Judges.

Affirmed by unpublished per curiam opinion.

La’Ron Marshall, Appellant Pro Se.

Unpublished opinions are not binding precedent in this circuit.
2

PER CURIAM:

La’Ron Marshall appeals the district court’s orders:

accepting the recommendation of the magistrate judge and denying 

relief on his complaint filed pursuant to Bivens v. Six Unknown 

Named Agents of Fed. Bureau of Narcotics, 403 U.S. 388 (1971); 

and denying his motion for reconsideration. We have reviewed 

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

for the reasons stated by the district court. Marshall v. 

Lappin, No. 2:10-cv-00003-JPB-DJJ (N.D. W. Va. Dec. 23, 2010;

Feb. 2, 2011). 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
Petition for Writ of Mandamus Dismissed and Memorandum Opinion filed

December 15 , 2020

.

In The



## Fourteenth Court of Appeals

NO. 14

- 20

- 00806

- CV

IN RE CHRISTOPHER DUPUY , Relator

ORIGINAL PROCEEDING WRIT OF MANDAMUS 333rd District Court Harris County, Texas Trial Court Cause No. 2019

- 89958



### MEMORANDUM OPINION
On December 3, 2020, relator Christopher Dupuy filed a petition for writ of

m andamus in this court

. See Tex. Gov’t Code Ann. § 22.221; see also Tex. R. App.
P. 52. In the petition, relator ask s this court to compel the Honorable Daryl Moore, presiding judge of the 333rd District Court of Harris County , to rule on relator’s
Rule 91a motion to dismiss. See Tex. R. Civ. P. 91a.2

On December 7, 2020 , the trial court signed an order denying relator’s motion.
Th erefore, relator’s request for relief is now moot. Accordingly, we dismiss relator’s petition for writ of mandamus for lack of jurisdiction.

PER CURIAM

Panel c onsists of Chief Justice Frost and Justices Jewell and Poissant.
**Exhibit 31.1****CERTIFICATION**     I, Mark F. O’Neil, certify that:     (1) I have reviewed this Quarterly Report on Form 10-Q of DealerTrack Holdings, Inc.;     (2) Based on my knowledge, this report does not contain any untrue statement of a materialfact or omit to state a material fact necessary to make the statements made, in light of thecircumstances under which such statements were made, not misleading with respect to the periodcovered by this report;     (3) Based on my knowledge, the financial statements, and other financial information includedin this report, fairly present in all material respects the financial condition, results ofoperations 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 andmaintaining disclosure controls and procedures (as defined in Exchange Act Rules 13a-15(e) and15d-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:     (a) Designed such disclosure controls and procedures, or caused such disclosure controls andprocedures to be designed under our supervision, to ensure that material information relating tothe registrant, including its consolidated subsidiaries, is made known to us by others withinthose entities, particularly during the period in which this report is being prepared;     (b) Designed such internal control over financial reporting, or caused such internal controlover financial reporting to be designed under our supervision, to provide reasonable assuranceregarding the reliability of financial reporting and the preparation of financial statements forexternal purposes in accordance with generally accepted accounting principles;     (c) Evaluated the effectiveness of the registrant’s disclosure controls and procedures andpresented in this report our conclusions about the effectiveness of the disclosure controls andprocedures 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 registrant’s internal control over financialreporting that occurred during the registrant’s most recent fiscal quarter that has materiallyaffected, or is reasonably likely to materially affect, the registrant’s internal control overfinancial reporting; and     (5) The registrant’s other certifying officer and I have disclosed, based on our most recentevaluation of internal control over financial reporting, to the registrant’s auditors and the auditcommittee of the registrant’s board of directors:     (a) All significant deficiencies and material weaknesses in the design or operation ofinternal control over financial reporting which are reasonably likely to adversely affect theregistrant’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 havea significant role in the registrant’s internal control over financial reporting.        /s/ Mark F. O’Neil   Mark F. O’Neil   Chairman, President and Chief Executive Officer
##### 



EXHIBIT 31(a) CERTIFICATION OF CHIEF EXECUTIVE OFFICER
PURSUANT TO RULE 13a-14(a) AND 15d-14(a) OF THE
SECURITIES EXCHANGE ACT OF 1934, AS AMENDED I, Peter J. Kight, certify that:  1.
    
    I have reviewed this Annual Report on Form 10-K of CheckFree
Corporation;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(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)) 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; and(c)
    
    Disclosed in this report any change in the registrants
internal control over financial reporting that occurred during the
registrants most recent fiscal quarter (the registrants fourth
fiscal quarter in the case of an annual report) 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(s) 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 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; 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: September 3, 2004 /s/ Peter J. KightPeter J. KightChairman and Chief Executive Officer
CheckFree Corporation
II 

111TH CONGRESS 

1ST SESSION S. 1929 

To provide for an additional temporary extension of programs under the 

Small Business Act and the Small Business Investment Act of 1958, 

and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

OCTOBER 26, 2009 

Ms. LANDRIEU (for herself and Ms. SNOWE) introduced the following bill; 

which was read twice, considered, read the third time, and passed 

A BILL 

To provide for an additional temporary extension of programs under the Small Business Act and the Small 

Business Investment Act of 1958, and for other purposes. 

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

3 SECTION 1. ADDITIONAL TEMPORARY EXTENSION OF AU4 THORIZATION OF PROGRAMS UNDER THE 

5 SMALL BUSINESS ACT AND THE SMALL BUSI6 NESS INVESTMENT ACT OF 1958. 

7 (a) IN GENERAL.—Section 1 of the Act entitled ‘‘An 

8 Act to extend temporarily certain authorities of the Small 

mstockstill on DSKH9S0YB1PROD with BILLS

2 

•S 1929 CPS

1 Business Administration’’, approved October 10, 2006 

2 (Public Law 109–316; 120 Stat. 1742), as most recently 

3 amended by section 1 of Public Law 111–66, is amended 

4 by striking ‘‘October 31, 2009’’ each place it appears and 

5 inserting ‘‘April 30, 2010’’. 

6 (b) EFFECTIVE DATE.—The amendments made by 

7 subsection (a) shall take effect on October 30, 2009. 

Æ 

mstockstill on DSKH9S0YB1PROD with BILLS
HOUSTON * 

--c:-M-=E=TROPOLITAN 

The Honorable Penny S. Pritzker 

Secretary of Commerce 

U.S. Department of Commerce 

1401 Constitution Avenue, NW 

Washington, DC 20230 

The Honorable Anthony Foxx 

Secretary of Transportation 

U.S. Department of Transportation 

1200 New Jersey Avenue, SE 

Washington, DC 20590 

The Honorable John Kerry 

Secretary of State 

U.S. Department of State 

2201 C Street, NW 

Washington, DC 20520 

CHAMBER. 

Re: Dockets No. DOS-2015-0016, DOT-OST-2015-0082, and DOC-2015-0001 

Dear Secretaries Pritzker, Foxx and Kerry: 

The Houston Metropolitan Chamber of Commerce (HMC) is a voluntary organization of businesses that invest 

time and money to improve our economy and support the civic and cultural well-being of our community. 

Through HMC, our members are able to network, develop professionally and personally and increase their 

visibility to grow their businesses. As a business-focused organization, we know how important trade and 

commerce is to our community. That is why we believe it is critical that international business travelers have a 

full panoply of airline carrier options, including those originating from Qatar and the United Arab Emirate under 

Open Skies agreements. 

The Houston Metropolitan Chamber of Commerce (HMC) urges that the renegotiation of Open Skies 

agreements with Qatar and the United Arab Emirates preserve route connections under the current agreements 

that are, we believe, invaluable to our international trade and commerce. 

Through their low-cost, accessible route connections between the United States and many countries throughout 

the world, Emirates Airlines, Qatar Airways and Etihad Airways have positively contributed to the U.S. economy 

by transporting numerous business travelers and tourists every month. In addition, these airlines facilitate crossborder business transactions, help tourism flourish and support thousands of jobs in this country, including on 

the local, state and federal levels. 

Thank you in advance for your consideration. 

~A PeggvWlf» 

President, CEO 

Houston Metropolitan Chamber of Commerce Houston Metropolitan Chamber of Commerce 

11 GREENWAY PLAZA. SUITE llOO, HOUSTON TX 77046 "'"" 713.666.1511 "' 713.666.1513 

WWW.METROHOUSTON.BIZ
## F IRST 

## D ISTRICT 

## C OURT OF 

## A PPEAL 

## S TATE OF 

## F LORIDA

_____________________________
No. 1D 17

- 3905

_____________________________
W ILLIE W ILLIAMS , Appellant,

v.

S TATE OF F LORIDA , Appellee.

_____________________________

On appeal from the Circuit Court for Leon County

. James C. Hankinson , Judge

. May 17, 2018

P ER C URIAM

.
A FFIRMED

.
L EWIS , R OBERTS , and J AY , JJ., concur.

_____________________________ Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331

.

_____ ________________________

Willie Williams, pro se
, Appellant.2 Pamela Jo Bondi, Attorney General, and Jennifer J. Moore, Assistant Attorney General, Tallahassee
, for Appellee.
#### Duke Butler, Respondent, v St. John’s Episcopal Hospital et al., Appellants.

In an action to recover damages for medical malpractice, the defendants separately appeal from an order of the Supreme Court, Kings County (Levine, J.), dated January 4, 1990, which granted the plaintiff’s motion for substitution as administrator for the decedent Johnnie Sanders, and to restore the action to the Trial Calendar.

Ordered that the order is affirmed, with one bill of costs, payable by the appellants appearing separately and filing separate briefs.

*756This medical malpractice action was marked off the Trial Calendar, upon the attorney for the decedent Johnnie Sanders advising the court of Sanders’s death. Upon the eventual appointment of the plaintiff as administrator of Sanders’s estate, the plaintiff moved, within one year after the action had been marked off the calendar, to permit the substitution of himself as the plaintiff and to restore the action to the Trial Calendar *(see,*CPLR 3404).

Generally, where the cause of action sounds in medical malpractice, courts have held that in order to satisfy the requirements of 22 NYCRR 202.21 (f), it is incumbent upon the plaintiff to submit an affidavit by a physician or other qualified expert to demonstrate a meritorious claim *(see, Wulster v Rubinstein,*126 AD2d 545; *Balducci v Jason,*133 AD2d 436). However, in the instant case, it is noteworthy that the action was not marked off the calendar due to any default on the plaintiff’s part, nor was the motion to restore untimely *(see, Balducci v Jason, supra,*at 437; *cf., Friedberg v Bay Ridge Orthopedic Assocs.,*122 AD2d 194). "It was not the intention of the framers of this rule to rigidly mandate the submission of an affidavit of merit irrespective of the absence of any default on the part of the movant seeking restoration of the action to the Trial Calendar” *(Balducci v Jason, supra,*at 437).

Under the circumstances of this case, it was not an improvident exercise of discretion to grant the plaintiff’s motion to restore the action to the Trial Calendar, albeit no affidavit of merit by a medical expert had been proffered in support of the application *(see, Walsh v Hanson,*58 AD2d 958; *Balducci v Jason, supra,*at 437-438; *cf., Salzman & Salzman v Gardiner,*100 AD2d 846). Mangano, P. J., Brown, Sullivan, Harwood and Miller, JJ., concur.
#### The People of the State of New York, Respondent, v Victor Castro, Appellant.

Judgment, Supreme Court, Bronx County (Fred Eggert, J.), rendered on October 19, 1988, convicting defendant upon a plea of guilty of assault in the second degree and sentencing defendant to an indeterminate term of imprisonment of 3 to 6 years, unanimously affirmed.

We are unpersuaded that the sentence imposed was unduly harsh or severe. Taking into account, "among other things, the crime charged, the particular circumstances of the individual before the court and the purpose of a penal sanction”, we perceive no abuse of discretion warranting a reduction in sentence. *(People v Farrar,*52 NY2d 302, 305.)

Further, defendant was sentenced in accordance with his plea bargain and within statutory guidelines. "Having received the benefit of his bargain, defendant should be bound by its terms.” *(People v Felman,*141 AD2d 889, 890, *lv denied*72 NY2d 918.) Concur—Rosenberger, J. P., Kupferman, Ross and Smith, JJ.
##### 



Exhibit 10.11
 AMENDMENT NO. 1 TO
SECOND SUPPLEMENT TO THE MASTER LOAN AGREEMENT
(REVOLVING LOAN)
 Amendment US BIO ALBERT CITY, LLC Borrower AGSTAR FINANCIAL SERVICES, PCA Lender
 RECITALS
 MLA First
Supplement Second Supplement Third Supplement Fourth Supplement Loan Agreement
   AGREEMENT
  Amendments to Second Supplement .




---



##### 



Borrowing Base
 Borrowing Base Certificate
 Eligible Accounts Receivable




---



##### 



Eligible Inventory




---



##### 



Incentive Payments
  Reporting Requirements .
  Conditions to Effectiveness of this Amendment .
 Representations and Warranties .
   Miscellaneous .
 Effect; Ratification




---



##### 



Loan Documents
 Counterparts
 Severability
 GOVERNING LAW
 WAIVER OF JURY TRIAL




---



##### 



AMENDMENT NO. 1 TO
SECOND SUPPLEMENT TO THE MASTER LOAN AGREEMENT
(REVOLVING LOAN)
 
   BORROWER:US BIO ALBERT CITY, LLC,an Iowa limited liability companyBy:
    
    /s/ Kelly S. Langley

      Kelly S. LangleyIts: TreasurerLENDER:AGSTAR FINANCIAL SERVICES, PCA,a United States corporationBy:
    
    /s/ Mark Schmidt

      Mark SchmidtIts: Vice President




---



##### 



EXHIBIT A TO SECOND SUPPLEMENT
 BORROWING BASE CERTIFICATE
 Detailed Calculation
 
 1
    
    
    All unpaid Accounts:(ethanol)
    
    $(DGS)
    
    $Other
    
    $Other
    
    $Total unpaid Accounts
    
    $Deduct ineligible Accounts
    
    $(46 days or more from invoice date or otherwise
excluded pursuant to the terms and conditions of
the Credit Agreement)Total Eligible Accounts Receivable
    
    $Multiply by Borrowing Base Factor
    
    
    75.00
    %Total Eligible Accounts Receivable
    
    $
    
    
    
    $2
    
    
    All Corn, DGS and other byproducts Inventory:Ending Corn Inventory
    
    $Ending DGS & other byproducts Inventory
    
    $Total Corn, DGS & other byproducts Inventory
Multiply by Borrowing Base Factor
    
    
    75.00
    %Total Corn, DGS and other byproducts Eligible
Inventory
    
    $
    
    
    
    $3
    
    
    All Ethanol and other Inventory (lower of cost or
market)Ending Ethanol Inventory
    
    $Ending  Inventory
    
    $Other InventoryTotal Ethanol and Other Inventory
    
    $Multiply by Borrowing Base Factor
    
    
    75.00
    %Total Ethanol and other Eligible Inventory
    
    $
    
    
    
    $Total Eligible Inventory(Total from #2 and #3)
    
    $4
    
    
    Total Borrowing Base (Total from #1, #2, & #3)
    
    $
    
    
    
    $5
    
    
    Outstanding Revolving Line of Credit Loan Balance
(including outstanding Revolving Letters of
Credit) (as of month end)
    
    $6
    
    
    Excess or Deficit (Line 4 minus Line 5)
    
    $
    
    
    
    $
 
 *
    
    If a Deficit exists, remit amount unless remitted since end of month.




---



##### 



Certificate
 US BIO ALBERT CITY, LLC,an Iowa limited liability companyByIts




---



##### 



EXHIBIT B  CONSENT AND REAFFIRMATION OF GUARANTY
    US BIOENERGY CORPORATIONBy:
    
    /s/ Kelly S. LangleyName: Kelly S. LangleyIts: Treasurer