alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
<PAGE>   1
                                                                     EXHIBIT 23

CONSENT OF ERNST & YOUNG LLP
INDEPENDENT CERTIFIED PUBLIC ACCOUNTANTS

We consent to the incorporation by reference in the Registration Statements on
Form S-8 (Numbers 33-85216, 33-81270, 333-17755, 33-78820, 33-95584, 333-06221
and 333-23757) pertaining to the Friedman's Inc. 1993 Stock Option Plan,
Friedman's Inc. 1994 Stock Option Plan for Outside Directors, Friedman's Inc.
Amended & Restated 1994 Stock Option Plan for Outside Directors, Friedman's
Inc. 1994 Qualified Employee Stock Purchase Plan, Friedman's Inc. 1994 Stock
Option Plan, Friedman's Inc. 1995 Stock Option Plan, and Friedman's Inc. 1996
Stock Option Plan, respectively, of our report dated November 7, 1997, with
respect to the consolidated financial statements and schedule of Friedman's
Inc. included in the Annual Report on Form 10-K for the year ended September
30, 1997.

                                               /s/ Ernst & Young LLP

Jacksonville, Florida
December 26, 1997
##### Table of Contents



UNITED STATES
SECURITIES AND EXCHANGE COMMISSION
 Washington, D.C. 20549
 
 FORM 8-K
 CURRENT REPORT
Pursuant to Section 13 or 15(d) of the Securities Exchange Act of 1934
 
 Quiksilver, Inc.
  Delaware
(State or other jurisdiction of incorporation)
    
    001-14229
(Commission File Number)
    
    33-0199426
(IRS Employer Identification Number)15202 Graham Street, Huntington Beach, CA
(Address of principal executive offices)
    
    92649
(Zip Code)
 (714) 889-2200
  
    o
 o
 o
 o




---



TABLE OF CONTENTS  Item 5.02 Departure of Directors or Certain Officers; Election of Directors; Appointment of Certain Officers; Compensatory Arrangements of Certain OfficersItem 8.01 Other Events.SIGNATURES    Table of Contents  
 Item 5.02
    
    Departure of Directors or Certain Officers; Election of Directors;Appointment of Certain Officers; Compensatory Arrangements of Certain Officers
 Fiscal 2008 Base Salaries
  Name and Position
    
    Fiscal Year
    
    Base SalaryRobert B. McKnight, Jr.,
    
    2008
    
    $
    1,075,000Chief Executive Officer
    
    2007
    
    $
    950,000Bernard Mariette,
    
    2008
    
    $
    900,000President
    
    2007
    
    $
    800,000Charles S. Exon,
    
    2008
    
    $
    450,000Executive Vice President, Secretary and General Counsel
    
    2007
    
    $
    425,000Joseph Scirocco,
    
    2008
    
    $
    600,000Executive Vice President and Chief Financial Officer
    
    2007
    
    $
    550,000David Morgan,
    
    2008
    
    $
    525,000Executive Vice President, Global Finance and Operations
    
    2007
    
    $
    475,000
 
 Item 8.01
    
    Other Events.
 Annual Meeting of Stockholders
  2




---



##### Table of Contents



SIGNATURES
  Dated: December 27, 2007
    Quiksilver, Inc. 
(Registrant)By:
    /s/ Charles S. ExonCharles S. ExonExecutive Vice-President and
General Counsel 3
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
Myoffiz, Inc. (the "Company") on Form 10-QSB for the period
ended March 31, 2003 as filed with the Securities and
Exchange Commission on the date hereof (the "Report"), I,
Michael Chang, as Chief Financial Officer 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 results of operations of the Company.



                              By   /s/  Michael Chang
                                  --------------------
                              Michael Chang
                              Chief Financial Officer


January 14, 2004
hvtex10.htm


EXHIBIT 10.1



EQUITY AWARD NOTICE


RESTRICTED STOCK UNITS AWARD NOTICE












«FIRST_NAME» «MI» «LAST_NAME»


HAVERTY FURNITURE COMPANIES, INC.


780 JOHNSON FERRY ROAD, SUITE 800


ATLANTA, GA  30342







Pursuant to the terms and conditions of the Haverty Furniture Companies, Inc. 2004 Long-Term Incentive Plan (the “Plan”), on January 23, 2012, you were granted a restricted stock unit award (“RSU”) in the amount of «Number_Awarded» units.  Each RSU is equivalent to one share of common stock upon vesting.







Subject to your continued employment with the Company, your award will vest over four years in accordance with the following schedule:







25% vest on May 8, 2013


25% vest on May 8, 2014


25% vest on May 8, 2015


25% vest on May 8, 2016







Until vested, the units represented by this award are not entitled to receive cash dividends and do not have the right to vote. The restrictions governing this award will lapse immediately upon a change in control, death or permanent and total disability as defined in Section 2 of the Plan. Units not vested at retirement will be forfeited.  Please consult the 2004 Long-Term Incentive Plan Prospectus for a complete understanding of Havertys’ equity award program.







This is a summary of the award.  The grant agreement and Plan Prospectus are the authoritative source for all questions on awards made under the Plan.  You should log into your account with the Plan Administrator, Solium, to review and accept the agreement and complete the authorization of your grant by February 24, 2012.
**Exhibit 32**

 

**CERTIFICATIONS PURSUANT TO**

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

**AS ADOPTED PURSUANT TO**

**SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002**

 

Inconnection with this Quarterly Report on Form 10-Q of 1stConstitution Bancorp (the “Company”) for the fiscal quarter ended June 30, 2006,as filed with the Securities and Exchange Commission on the date hereof, (the“Report”), each of the undersigned officers of the Company hereby certifies,pursuant to 18 U.S.C. (section) 1350, as adopted pursuant to (section) 906 ofthe Sarbanes-Oxley Act of 2002, that to the best of his knowledge:

 

(1)         The Report fully complies with the requirements of Section 13(a) or15(d) of the Securities Exchange Act of 1934; and

 

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

 

ROBERT F. MANGANO                    
| Name:  | Robert F. Mangano                |
|--------|---------------------------------------|
| Title: | President and Chief Executive Officer |
| Date:  | August 7, 2006                   |
|        |                                       |  |  |

 

 

JOSEPH M. REARDON                      
| Name:  | Joseph M. Reardon                    |
|--------|-------------------------------------------|
| Title: | Senior Vice President and Treasurer  |
| Date:  | August 7, 2006                       |
|        |                                           |  |  |  |

 

 

 

 

----
#### Sammie Lee GORDON, Plaintiff-Appellant, v. John E. NAGLE, Warden; Attorney General of the State of Alabama, Defendants-Appellees.

No. 92-6100.

United States Court of Appeals, Eleventh Circuit.

April 27, 1994.

*641Douglas H. Scofield, Scofield, West & French, Birmingham, AL, for appellant.

Cecil G. Brendle, Jr., Asst. Atty. Gen., Montgomery, AL, for appellee.

Before COX and DUBINA, Circuit Judges, and GODBOLD, Senior Circuit Judge.

GODBOLD, Senior Circuit Judge:

In this case we have certified to the Supreme Court of Alabama the following question:

> Does the failure to inform an age-qualified defendant of his right to apply for youthful offender status deprive the trial court of jurisdiction to entertain a guilty plea, such that a subsequent challenge to that conviction cannot be barred by the limitations period of Ala.R.Crim.P. 32.2(c)?

*Gordon v. Nagle,*2 F.3d 385 (1994). The Supreme Court of Alabama has answered that question in the negative. *Gordon v. Nagle,*— So.2d -, 1994 WL 94526 (1994).

Based upon that answer we conclude that the district court did not err in holding that Gordon had committed a procedural default under *Teague v. Lane,*489 U.S. 288, 297-99, 109 S.Ct. 1060, 1068-69, 103 L.Ed.2d 334 (1989), because he had not presented his claim in state court and was now barred from doing so by the statute of limitations in Ala.R.Crim.P. 32.

The decision of the district court is, therefore, AFFIRMED.
```

[Federal Register: November 18, 2010 (Volume 75, Number 222)]
[Notices]               
[Page 70704-70705]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr18no10-47]                         

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

LIBRARY OF CONGRESS

Copyright Office

[Docket No. 2010-4]

 
Federal Copyright Protection of Sound Recordings Fixed Before 
February 15, 1972

AGENCY: Copyright Office, Library of Congress.

ACTION: Notice of inquiry; correction.

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

    This document corrects the reply comment date contained in the 
notice of inquiry published Wednesday, November 3, 2010 (75 FR 67777). 
The correct reply comment date is January 19, 2011.

[[Page 70705]]

    Dated: November 15, 2010.
David O. Carson,
General Counsel.
[FR Doc. 2010-29139 Filed 11-17-10; 8:45 am]
BILLING CODE P
```
EXHIBIT 32.1

CERTIFICATION OF CHIEF EXECUTIVE OFFICER  CALLISTO PHARMACEUTICALS, INC.  FORM 10-Q FOR THE QUARTER ENDED SEPTEMBER 30, 2008  PURSUANT TO 18 U.S.C. SECTION 1350, AS ADOPTED  PURSUANT TO
SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

I am the Chief Executive Officer of Callisto Pharmaceuticals, Inc., a Delaware corporation (the "Company"). I am delivering this
certificate in connection with the Form 10-Q of the Company for the quarter ended September 30, 2008 and filed with the Securities and Exchange Commission
("Form 10-Q").

Pursuant
to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, I hereby certify that, to the best of my knowledge, the
Form 10-Q fully complies with the requirements of Section 13(a) or Section 15(d) of the Securities Exchange Act of 1934 and that the information contained in the
Form 10-Q fairly presents, in all material respects, the financial condition and results of operations of the Company.

Date: November 19, 2008

/s/ GARY S. JACOB Gary S. Jacob Chief Executive Officer


---



QuickLinks
<PAGE>
                                                                    EXHIBIT 99.1

             STATEMENT OF CHIEF EXECUTIVE OFFICER OF FRIEDMAN'S INC.
                       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 Annual Report of Friedman's Inc. (the "Company") on
Form 10-K for the period ended September 28, 2002 as filed with the Securities
and Exchange Commission (the "Report"), I, Bradley J. Stinn, Chief Executive
Officer 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, based on 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/ Bradley J. Stinn
--------------------
Bradley J. Stinn
Chief Executive Officer
December 20, 2002
##### 



Exhibit 31.2
 Certification of Senior Vice President and Chief Financial Officer
Pursuant to Rule 13a-14(a) Under the Securities Exchange Act of 1934
              By:
    /s/ MARK W. DURANDMark W. DurandSenior Vice President  Chief Financial Officer
(Principal Financial Officer)
----

            COMMISSION REGULATION (EC) No 1696/2006

of 16 November 2006         

establishing a prohibition of fishing for lemon sole and witch in ICES zone IIa (EC water), IV (EC waters) by vessels flying the flag of Germany

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Regulation (EC) No 2371/2002 of 20 December 2002 on the conservation and sustainable exploitation of fisheries resources under the Common Fisheries Policy (1), and in particular Article 26(4) thereof,

Having regard to Council Regulation (EEC) No 2847/93 of 12 October 1993 establishing a control system applicable to common fisheries policy (2), and in particular Article 21(3) thereof,

Whereas:

HAS ADOPTED THIS REGULATION:

Article 1

Quota exhaustion

The fishing quota allocated to the Member State referred to in the Annex to this Regulation for the stock referred to therein for 2006 shall be deemed to be exhausted from the date set out in that Annex.

Article 2

Prohibitions

Fishing for the stock referred to in the Annex to this Regulation by vessels flying the flag of or registered in the Member State referred to therein shall be prohibited from the date set out in that Annex. It shall be prohibited to retain on board, tranship or land such stock caught by those vessels after that date.

Article 3

Entry into force

This Regulation shall enter into force on the day following that of its publication in the Official Journal of the European Union.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 16 November 2006.

For the Commission

Jörgen HOLMQUIST            

Director-General for Fisheries and Maritime Affairs

----

(1)OJ L 358, 31.12.2002, p. 59.

(2)OJ L 261, 20.10.1993, p. 1. Regulation as last amended by Regulation (EC) No 768/2005 (OJ L 128, 21.5.2005, p. 1).

(3)OJ L 16, 20.1.2006, p. 1. Regulation as last amended by Commission Regulation (EC) No 1642/2006 (OJ L 308, 8.11.2006, p. 5).

----

ANNEX

----
BLD-017 NOT PRECEDENTIAL

UNITED STATES COURT OF APPEALS

FOR THE THIRD CIRCUIT

___________

No. 16-3803

___________

IN RE: GERALD BUSH,

Petitioner

____________________________________

On a Petition for Writ of Mandamus from the

United States District Court for the Eastern District of Pennsylvania

(Related to E.D. Pa. Civ. Action No. 2-16-cv-04022)

____________________________________

Submitted Pursuant to Rule 21, Fed. R. App. P.

October 20, 2016

Before: AMBRO, GREENAWAY, JR. and SCIRICA, Circuit Judges

(Opinion filed: November 16, 2016)

_________

OPINION*

_________

PER CURIAM

Gerald Bush, proceeding pro se, has filed a petition for a writ of mandamus

seeking review of an order of the United States District Court for the Eastern District of 

Pennsylvania. For the reasons that follow, we will deny the mandamus petition.

 

* This disposition is not an opinion of the full Court and pursuant to I.O.P. 5.7 does not 

constitute binding precedent.
2

Bush filed a complaint against Mercy Hospital and CTT Community Treatment 

Team claiming negligence in connection with medical care provided to his relative. On 

August 1, 2016, the District Court granted Bush’s motion to proceed in forma pauperis

and dismissed his complaint pursuant to 28 U.S.C. § 1915(e)(2)(B)(i). The District Court 

explained that Bush had filed an earlier complaint raising the same claims against the 

same defendants and that the complaint had been dismissed. Bush filed an appeal, which 

is pending in this Court. See C.A. No. 16-3348.

In his mandamus petition, Bush presents issues related to the dismissal of his 

complaint. Bush raises whether the District Judge had a constitutional duty to determine 

if Mercy Hospital and CTT Community Treatment Team were negligent, and whether the 

District Judge monitored the defendants’ compliance with the disclosure requirements of 

Federal Rule of Civil Procedure 26. 

The writ of mandamus traditionally has been used “to confine an inferior court to a 

lawful exercise of its prescribed jurisdiction or to compel it to exercise its authority when 

it is its duty to do so.” In re Patenaude, 210 F.3d 135, 140 (3d Cir. 2000) (internal 

quotations and citations omitted). A petitioner must show that he has no other adequate 

means to attain the desired relief and that his right to the issuance of the writ is clear and 

indisputable. Id. at 141. 

Bush does not satisfy this standard. His mandamus petition seeks review of the 

dismissal of his complaint against Mercy Hospital and CTT Community Treatment 
3

Team. Because Bush can raise the issues presented in his appeal of the District Court’s 

order, he has other adequate means to attain the desired relief.

Accordingly, we will deny the petition for a writ of mandamus.
---

---

EXHIBIT 8.1

The following table sets forth a list
of our subsidiaries.

|Name of subsidiary               | Jurisdiction of incorporation
|-------------------------------- | -----------------------------
|Elbit Vision Systems US, Inc.   | Delaware                     
|Elbit Vision Systems B.V.       | Holland                      
|IRT ScanMaster Systems  Inc.     | United States                
|ScanMaster Systems (IRT) Ltd.   | Israel                       
|Panoptes Ltd.                   | Israel                       
|                                 |                              

 Wholly-owned.



---

---
<PAGE>
                                                                    EXHIBIT 99.1

                              ANNUAL CERTIFICATIONS
            PURSUANT TO SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002



         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), each
of the undersigned officers of CITGO Petroleum Corporation (the "registrant"),
does hereby certify, to each officer's knowledge, that:

         The Report on Form 10-K for the year ended December 31, 2002 of the
registrant 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 registrant.



Dated: March 21, 2003                      /s/       Oswaldo Contreras
      ---------------------              ---------------------------------------
                                                  Name:  Oswaldo Contreras
                                                  Title: Chief Executive Officer



Dated: March 21, 2003                      /s/     Eddie R. Humphrey
      ---------------------              ---------------------------------------
                                                  Name:  Eddie R. Humphrey
                                                  Title: Chief Financial Officer
<PAGE>   1
                                                                    EXHIBIT 5.1




                                    November
                                    13th
                                    1 9 9 6





                                                                       685,342-1

Procom Technology, Inc.
2181 Dupont Drive
Irvine, California 92715


Ladies and Gentlemen:


         At your request, we have examined the Registration Statement on Form
S-1 (File No. 333-15109) filed by you with the Securities and Exchange
Commission in connection with the registration under the Securities Act of 1933,
as amended, of 2,000,000 shares (the "Company Shares") of Common Stock, $.01 par
value, and of 1,478,750 shares (the "Selling Shareholders' Shares") of Common
Stock (including 453,750 shares which are subject to an over-allotment option),
$.01 par value, which are presently outstanding and held by certain of your
existing shareholders.

         We are familiar with the proceedings heretofore taken, and with the
additional proceedings proposed to be taken, by you in connection with the
authorization and proposed issuance and sale of the Company Shares.  We also are
familiar with the proceedings heretofore taken by you in connection with the
authorization and issuance of the Selling Shareholders' Shares.

         It is our opinion that, subject to said proceedings being duly taken
and completed by you as now contemplated by us as your counsel prior to the
issuance of the Company Shares, upon the issuance and sale of the Company Shares
in the manner contemplated by the Registration Statement, the Company Shares
will be legally and validly issued, fully paid and nonassessable securities of
the Company.  It is also our opinion that the Selling Shareholders' Shares are
legally and validly issued, fully paid and nonassessable securities of the
Company.

         We consent to the use of this opinion as an exhibit to the Registration
Statement and to the reference to our firm in the Prospectus which is a part of
the Registration Statement under the caption "Legal Matters."


                                        Respectfully submitted,
                                        
                                        O'MELVENY & MEYERS LLP
**U.S. Access Board: Rail Vehicle s**  **Access Advisory Committee Subcommittee on**  **Boarding and Alighting Meeting #5** 

**August 28, 2014**  **1:0 0**  **– 3**  **:00 Eastern** 1.0 Introductions 2.0 Approval of the Agenda 3.0 Review of assigned tasks 3.1 Discuss d raft of vehicle
- based lift, ramp and bridgeplate proposal 4 .0 Planning 4 .1 Develop action items 4 .2 Assign duties and t asks 4 .3 Establish deadlines for d eliverables 5 .0 Next meeting is September 11 th and 12 th
Attachment
Converted by EDGARwiz


Exhibit 10.2.2




GREENWAY MEDICAL TECHNOLOGIES, INC.

2004 STOCK PLAN







WHEREAS, Greenway Medical Technologies, Inc. (the “Company”) maintains the Greenway Medical Technologies, Inc. 2004 Stock Plan (the “Plan”), and Section 11(b) of the Plan permits the Company’s Board of Directors (the “Board”) to amend the Plan at any time; and




WHEREAS, the Board desires to amend Section 4(a) of the Plan to increase the number of Shares available for issuance under the Plan to 2,727,326 and approved this Amendment on July 14, 2011. 




NOW THEREFORE, the Plan is hereby amended as follows:




1.    Section 4(a) is hereby amended and restated as follows:

(a)

Basic Limitation.  Not more than 2,727,326 Shares may be issued under the Plan (subject to Subsection (b) below and Section 8).  The number of Shares that are subject to Options or other rights outstanding at any time under the Plan shall not exceed the number of Shares that then remain available for issuance under the Plan.  The Company, during the term of the Plan, shall at all times reserve and keep available sufficient Shares to satisfy the requirements of the Plan.  Shares offered under the Plan may be authorized but unissued Shares or treasury Shares.




2.    The modifications set forth above shall not affect any other provisions of the Plan.




[Signature provided on following page.]























IN WITNESS WHEREOF, the undersigned adopts this Amendment to the Plan on behalf of the Company as of July 14, 2011.







GREENWAY MEDICAL TECHNOLOGIES, INC.










By  /s/ William G. Esslinger, Jr.                 

Its  VP, General Counsel & Secretary