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**Exhibit 32.1**

 

**CERTIFICATIONOF CHIEF EXECUTIVE OFFICER**

**PURSUANTTO 18 U.S.C. SECTION 1350**

 

I, G.J. Hart, ChiefExecutive Officer of Texas Roadhouse, Inc. (the “Company”), certify,pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, 18 U.S.C. Section 1350,that:

 

(1)    The Quarterly Report on Form 10-Q of the Company for the quarterly periodended September 29, 2009 (the “Report”) fully complies with therequirements of Section 13(a) or 15(d), as applicable, of theSecurities Exchange Act of 1934; and

 

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

 
| Date: November 6,  2009 | By:    | /s/  G.J.  HART           |
|------------------------------|--------|-------------------------------------|
|                         |   |                                |
|                         |   | G.J. Hart                      |
|                         |   | President, Chief  Executive Officer |

 

1

----
#### Hockenberry Unemployment Compensation Case.

Argued December *12,*1961.

Before Ervin, Wright, Woodside, Watkins, Montgomery, and Flood, JJ. (Rhodes, P. J., absent).

*Thomas J.*MaeBride, for appellant.

*Sydney*Reuben, Assistant Attorney General, with him *David*Stahl, Attorney General, for Unemployment Compensation Board of Review, appellee.

March 21, 1962:

Opinion by

Ervin, J.,

In this unemployment compensation case the bureau, referee and board denied benefits to the claimant under §102(a) of the Unemployment Compensation Law, 13 PS §802(a), because she refused to accept an offer of suitable work because she felt she was not qualified to do the job.

*329The appellant was last employed by the Waynesboro Shoe Company, Waynesboro, Pennsylvania, her last day of work being October 7, 1960, at which time she was laid off. She had been an operator of a sewing machine, doing shoe closings and top stitchings for a period of three years and earned approximately $70.00 per week. On February 16, 1961 the claimant was referred by the bureau to Windsor Shoe Company, Green-castle, Pennsylvania, for an interview for possible placement as a fancy stitcher, paying piece rate with a guaranteed minimum of $1.00 per hour. She reported to and was interviewed by the prospective employer. He was interested in securing experienced help but had not been able to secure anyone experienced and therefore showed her the operation and offered to train her in the work. She refused the proffered employment because she did not feel that she was qualified to do the job and because she did not think the work would last long enough. The employer testified that if she showed any aptitude he would have kept her on.

This case is ruled by *Dudley Unemployment Compensation Case,*195 Pa. Superior Ct. 167, 169 A. 2d 583; *Simon Unemployment Compensation Case,*188 Pa. Superior Ct. 613, 149 A. 2d 653.

Decision affirmed.
#### Commonwealth ex rel. Keller, Appellant, *v.*Myers.

*81Submitted December 12, 1961.

Before Rhodes, P. J., Ervin, Wright, Woodside, Watkins, Montgomery, and Flood, JJ.

*Joseph*Keller, appellant, in propria persona.

*Ward F.*Clark, Assistant District Attorney, and *Paul R.*Beckert, District Attorney, for appellee.

January 16, 1962:

Opinion by

Rhodes, P. J.,

This is an appeal by relator from the . order of the Court of Common Pleas of Bucks County dismissing his petition for writ of habeas corpus without a hearing. Appellant alleges that the trial judge made facetious remarks which constitutionally invalidated his conviction on pleas of guilty. The petition is wholly without merit and the order of the court below will be affirmed.

. On April 22, 1957, and May 3, Í957, appellant entered pleas of guilty to a series of burglaries and was *82sentenced on May 3, 1957, to imprisonment for a total of two and one-half years to five years. He was represented by counsel and appellant testified at the hearings on his pleas. While the conduct of a judge is a factor to be considered in determining the fairness of a proceeding when defendant is not represented by counsel, when the defendant is represented by counsel and has entered a plea of guilty the alleged misconduct of the judge would have to be so extreme that it could be shown that there was actual prejudice operating against the defendant.

Moreover, it should be stated that the allegations in the petition in this case do not show any facetiousness or impropriety on the part of the trial judge. A petition for writ of habeas corpus which is not self-sustaining may be dismissed without a hearing. *Com. ex rel. Velos v. Tees,*175 Pa. Superior Ct. 297, 300, 104 A. 2d 339. The present petition is not the first, which appellant filed for a writ of habeas corpus, and is clearly frivolous.

The order of the court below is affirmed.
Exhibit 32.1

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 for the period ended June 30, 2008 of the MacroShares $100 Oil Up Trust (the "Registrant"), as filed with the Securities and Exchange Commission on the date hereof (the "Quarterly Report"), I, Samuel Masucci, III, principal executive officer of MACRO Securities Depositor, LLC, which acts as the depositor for the Registrant (the "Depositor"), certify, pursuant to 18 U.S.C. § 1350, as adopted pursuant to § 906 of the Sarbanes-Oxley Act of 2002, that:

1.

The Quarterly 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 Quarterly Report fairly represents, in all material respects, the financial condition and result of operations of the Registrant.



Date: August 14, 2008

/s/ Samuel Masucci, IIISamuel Masucci, III
Chief Executive Officer of Depositor, on behalf of Registrant
Exhibit 23.1







CONSENT OF INDEPENDENT PUBLIC ACCOUNTANTS

As independent  public  accountants,  we hereby consent to the  incorporation by
reference  of our  reports  included  in this Form 10-K,  as  amended,  into the
Company's  previously  filed  Registration  Statements  on Form  S-4  (File  No.
333-60727),  and on Form S-8 (File No. 33-42354, No. 33-63510, No. 33-79654, No.
33-79756,  No. 33-79664,  No. 333-48357,  No.  333-68815,  No. 333-81821 and No.
333-94405).




ARTHUR ANDERSEN LLP

Phoenix, Arizona
August 20, 2001
**EXHIBIT 32.1**

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 of Mercantile Bancorp, Inc. (the “Company”) on Form 10-Q for the period ending March 31, 2005 as filed with the Securities and Exchange Commission on the date hereof (the “Report”), I, Dan S. Dugan, President, Chief Executive Officer, and Chairman of 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 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 operating results of the Company. 

| /s/ DAN S. DUGAN                                   |   |
|----------------------------------------------------|--------|
|                                                    |   |
| Dan S. Dugan                                       |   |
| President, Chief Executive   Officer, and Chairman |   |

May 12, 2005
[Federal Register Volume 77, Number 62 (Friday, March 30, 2012)]
[Rules and Regulations]
[Page 19128]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-7439]


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

DEPARTMENT OF DEFENSE

Defense Acquisition Regulations System

48 CFR Part 203


Defense Federal Acquisition Regulation Supplement; Technical 
Amendment

AGENCY: Defense Acquisition Regulations System, Department of Defense 
(DoD).

ACTION: Final rule.

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

SUMMARY: DoD is making a technical amendment to the Defense Federal 
Acquisition Regulation Supplement (DFARS) to add a reference for 
reporting suspected lobbying violations.

DATES: Effective Date: March 30, 2012.

FOR FURTHER INFORMATION CONTACT: Ms. Ynette R. Shelkin, Defense 
Acquisition Regulations System, OUSD (AT&L) DPAP (DARS), Room 3B855, 
3060 Defense Pentagon, Washington, DC 20301-3060. Telephone 571-372-
6089; facsimile 571-372-6101.

SUPPLEMENTARY INFORMATION: This final rule amends the DFARS by adding 
text at 203.806 to provide guidance to explain how and where to report 
violations or potential violations of the Lobbying Disclosure Act (31 
U.S.C. 1352).

List of Subjects in 48 CFR Part 203

    Government procurement.

Ynette R. Shelkin,
Editor, Defense Acquisition Regulations System.

    Therefore, 48 CFR part 203 is amended as follows:

PART 203--IMPROPER BUSINESS PRACTICES AND PERSONAL CONFLICTS OF 
INTEREST

0
1. The authority citation for 48 CFR part 203 is revised to read as 
follows:

    Authority:  41 U.S.C. 1303 and 48 CFR chapter 2.

0
2. Add subpart 203.8 consisting of section 203.806 to read as follows:

Subpart 203.8--Limitations on the Payment of Funds To Influence 
Federal Transactions


203.806  Processing suspected violations.

    Report suspected violations to the address at PGI 203.8(a).

[FR Doc. 2012-7439 Filed 3-29-12; 8:45 am]
BILLING CODE 5001-06-P
WARNING: THE EDGAR SYSTEM ENCOUNTERED ERROR(S) WHILE PROCESSING THIS SCHEDULE.

<TABLE> <S> <C>

<ARTICLE>  7
<MULTIPLIER>  1,000

<S>                                   <C>
<PERIOD-TYPE>                       12-MOS
<FISCAL-YEAR-END>              DEC-31-1996
<PERIOD-END>                   DEC-31-1996
<DEBT-HELD-FOR-SALE>               345,483
<DEBT-CARRYING-VALUE>                    0
<DEBT-MARKET-VALUE>                      0
<EQUITIES>                          45,349
<MORTGAGE>                               0
<REAL-ESTATE>                            0
<TOTAL-INVEST>                     409,209
<CASH>                                 701
<RECOVER-REINSURE>                 197,988
<DEFERRED-ACQUISITION>              10,904
<TOTAL-ASSETS>                     695,195
<POLICY-LOSSES>                          0
<UNEARNED-PREMIUMS>                 66,652
<POLICY-OTHER>                     411,837
<POLICY-HOLDER-FUNDS>                    0
<NOTES-PAYABLE>                     20,438
<PREFERRED-MANDATORY>                    0
<PREFERRED>                              0
<COMMON>                            14,912
<OTHER-SE>                         173,940
<TOTAL-LIABILITY-AND-EQUITY>       695,195
<PREMIUMS>                          97,036
<INVESTMENT-INCOME>                 21,270
<INVESTMENT-GAINS>                   4,589
<OTHER-INCOME>                         690
<BENEFITS>                          59,359
<UNDERWRITING-AMORTIZATION>         18,828
<UNDERWRITING-OTHER>                16,168
<INCOME-PRETAX>                     30,176
<INCOME-TAX>                         7,551
<INCOME-CONTINUING>                 22,625
<DISCONTINUED>                           0
<EXTRAORDINARY>                          0
<CHANGES>                                0
<NET-INCOME>                        22,625
<EPS-PRIMARY>                         2.15
<EPS-DILUTED>                         2.15
<RESERVE-OPEN>                     229,916
<PROVISION-CURRENT>                 71,731
<PROVISION-PRIOR>                  (12,753)
<PAYMENTS-CURRENT>                  15,012
<PAYMENTS-PRIOR>                    46,512
<RESERVE-CLOSE>                    227,370




</TABLE>
50516.

#### LARYMORE v. BRUSH & COLLIER BUILDERS.

Evans, Judge.

Brush & Collier Builders, Inc. employed Cecil C. Larymore to perform certain electrical work in the construction of a house. The house caught on fire which resulted in considerable fire damage. The builder sued the electrician. Plaintiff contended defendant negligently performed his contract by incorrectly wiring the hot water heater, which caused the fire damage to the dwelling. Defendant denied that he negligently wired the hot water heater. Trial was had and a verdict was entered in favor of the plaintiff; a motion for new trial was filed and denied, and defendant appeals. *Held:*

1. Defendant’s sole complaint is that plaintiff did not prove that he personally did the wiring; that an agent of defendant might have done the wiring, hence the evidence is insufficient to support the verdict. But the question here on appeal is whether there is any evidence to support the verdict. See *Titshaw v. Carnes,*226 Ga. 430 (175 SE2d 541); *Schuster v. Schuster,*221 Ga. 614 (146 SE2d 636); and cases cited in these authorities. The evidence must be construed in the light most favorable toward upholding the verdict returned by the jury. *Reville v. Sullivan,*93 Ga. App. 23 (90 SE2d 609).

*864Submitted April 9, 1975

Decided May 19, 1975.

*Bobby G. Beazley,*for appellant.

*Nixon, Yow, Waller & Capers, John B. Long,*for appellee.

2. There was no burden or duty upon plaintiff to prove that defendant *personally*did the wiring. If an agent of defendant did the wiring, and did it negligently and caused the fire and subsequent damage, the defendant would have been liable just as if he had himself installed the improper wiring. See Code § 105-108.

3. Defendant admitted that he was employed to perform the wiring, and testimony of an expert was that in his opinion from examination of the house the cause of the fire was the circuit to the hot water heater which had been improperly wired. The evidence was sufficient to authorize the jury to determine defendant incorrectly wired the hot water heater, and thereby caused the fire damage. The damage was proven by other testimony as to the necessary repairs to the dwelling caused by the fire. See in this connection the recent cases of *Kilgore v. Nasworthy,*124 Ga. App. 261, 262 (6) (183 SE2d 481); and *Lincoln Property v. Stasco Plumbing,*130 Ga. App. 767, 768 (204 SE2d 449), as to the sufficiency of the evidence to create jury issues as to causes of fire damage.

*Judgment affirmed.*

*Deen,P. J., and Stolz, J., concur.*
EXHIBIT 32.1



                            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 of SmartPros Ltd. (the "Company")
on Form 10-QSB for the period ending September 30, 2005 as filed with the
Securities and Exchange Commission on the date hereof (the "Report"), we, the
undersigned, Allen S. Greene, Chief Executive Officer of the Company and Stanley
P. Wirtheim, Chief Financial Officer of the Company, certify, pursuant to 18
U.S.C. ss. 1350, as adopted pursuant to ss. 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.

           A signed original of this written statement has been provided to the
Company and will be retained by the Company and furnished to the SEC or its
staff upon request.



                                                     /s/  ALLEN S. GREENE
                                                     ---------------------------
                                                          Allen S. Greene
                                                     Chief Executive Officer

                                                     /s/STANLEY P. WIRTHEIM
                                                     ---------------------------
                                                        Stanley P. Wirtheim
                                                     Chief  Financial Officer


November 10, 2005
MESABA AIRLINES DEPJCrirTTOR] 

••>; 1 D 

Aprill,2010 

Todd M. Homan 

Director 

EAS & Domestic Analysis Division, X-53 

Office of Aviation Analysis 

Department of Transportation 

Room 64171 

400 7* Street, S.W. 

Washington, DC 20590 

Re: Docket DOT-OST-2001-10685. Order Requesting Proposal for Essential Air 

Service at Laurel/Hattiesburg, Mississippi 

Dear Mr, Homan: 

In response to the Department's Order 2010-2-29, Mesaba Aviation, Inc., doing business 

as Delta Connection, is enclosing detailed subsidy proposals for essential air service for the 

above-mentioned cities. The following outlines the proposal details utilizing the 34-seat Saab 

340 aircraft. 

Laurel/Hattiesburg- Mississippi 

The proposed PIB service reflected below offers fourteen (14) weekly round-trips from Memphis. 

The required annual subsidy for this service will be $1,398,798.00. 

Orig 

MEM 

PIB 

MEM 

PIB 

Oest 

PIB 

MEM 

PIB 

MEM 

Dept 

9:20 

11:18 

19:20 

6:05 

Arr 

10:46 

12:51 

20:40 

7:43 

Equip 

XJSF3 

XJSF3 

XJSF3 

XJSF3 

Days 

Daily 

Daily 

Dally 

Dally 

Page 1 of 3 

looo BLUE GENTIAN ROAD, SUITE 200, EAGAN, M N 5512I 
Ref: DOT-OST-2001-10685 

Mesaba Aviation Inc. 

Delta Connection provides scheduled service between Delta's hubs and many cities 

throughout the U.S. Delta's network provides these communities with convenient, single-carrier 

connections to hundreds of flights in the U.S./Canadian and worldwide. We look forward to the 

opportunity to continue providing essential air service to the all the customers of these 

communities. 

ubmitted. 

John Vr- Spanjer 

President 

Enclosure 

Page 2 of3 
Ref: DOT-OST-2001-10685 

Mesaba Aviation Inc. 

EAS service proposal for service to Laurel/Hattiesburg, Mississippi 

EAS Station 

Docket Number 

Hub 

Round trips per week 

Completion Factor 

Total Passengers 

Total Block Hours 

Total Departures 

Passenger Revenue 

Other Revenue 

Total Revenue 

Pilots 

Fuel 

Maintenance 

Aircraft 

Total Directs 

Total bidirects 

Total Operating 

Inflation Rate allowance 

Profit 

Economic Cost 

Required Annual Subsidy Rate 

0.75% 

5.0% 

PIB 

DOT-OST-2001-10685 

MEM 

14 

97% 

24,075 

2,054 

1,416 

$1,926,032 

$60,874 

$1,986,906 

$490,640 

$491,540 

$737,007 

$425,159 

$2,144,347 

$1,057,265 

$3,201,612 

$24,012 

$160,081 

$3,385,705 

$1,398,798 

Page 3 of3
EXHIBIT
32.2





CERTIFICATION





PURSUANT
TO RULE 13A-14(B) OR RULE 15D-14(B)





OF THE
SECURITIES EXCHANGE ACT OF 1934 AND 18 U.S.C. SECTION 1350





In
connection with the Quarterly Report of EPL Intermediate, Inc. (the "Company")
on Form 10-Q for the quarterly period ended March 31, 2010 as filed with the
Securities and Exchange Commission on the date hereof (the "Report"), I, Gary
Campanaro, Senior Vice President of the Company, certify, pursuant to 18 U.S.C.
§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 result of operations of the
      Company.





Date: May
17, 2010





/s/ Gary CampanaroGary
      CampanaroSenior
      Vice PresidentEPL
      Intermediate, Inc.





This
certification is made solely for the purpose of 18 U.S.C. Section 1350, and not
for any other purpose. A signed original of this written statement required by
Section 906 has been provided to EPL Intermediate, Inc. and will be retained by
EPL Intermediate, Inc. and furnished to the Securities and Exchange Commission
or its staff upon request.
STEAM ELECTRIC CBI REPLACEMENT PAGE 

EPA-HQ-OW-2009-0819 

DCN: SE02957

THE FOLLOWING HAS BEEN REMOVED BECAUSE IT 

CONTAINS CONFIDENTIAL BUSINESS INFORMATION 

(CBI) PER 40 CFR PART 2, SUBPART B.
Exhibit 10.47

Portions of this Exhibit have been redacted pursuant to a request for confidential treatment under Rule 24b-2 of the General Rules and Regulations under the
Securities Exchange Act. Omitted information, marked "[***]" in this exhibit, has been filed with the Securities and Exchange Commission together with such request for
confidential treatment.

AMENDMENT FOUR TO ADULT VOD LICENSE AGREEMENT

This Amendment Four to Adult VOD License Agreement (this "Amendment"), effective as of the 19th day of July, 2007, by and
between the Colorado Satellite Broadcasting, Inc., a subsidiary of New Frontier Media, Inc. ("CSB") and Comcast Cable Communications, LLC ("Comcast"), amends the Adult VOD License
Agreement, dated October 18, 2002, as previously amended, between CSB and Comcast (the "Agreement") as set forth below.

IN
WITNESS WHEREOF, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, and intending to be legally bound, the parties have caused this Amendment to be
duly executed below.

COLORADO SATELLITE BROADCASTING, INC.By:

/s/ IRA BAHRName:

Ira BahrTitle:

COOCOMCAST CABLE COMMUNICATIONS, LLCBy:

/s/ MATTHEW STRAUSSName:

Matthew StraussTitle:

SVP of New Media


---



Schedule A

"[***]
Standard" means Programs or versions of Programs which (i) depict [***] situations and [***] among consenting
adults; but (ii) do not depict [***]; and (iii) do not include [***].

"[***]
Standard" means Programs or versions of Programs which (i) depict [***] situations and [***] among
consenting adults; (ii) may depict [***]; but (iii) do not depict [***]; (iv) do not depict [***]; and
(iv) do not include [***].

---



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