alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
**Exhibit 32.1**

 

**CERTIFICATION OF CHIEFEXECUTIVE OFFICER AND CHIEF FINANCIAL OFFICER**

**PURSUANT TO**

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

**AS ADOPTED PURSUANT TO**

**SECTION 906 OF THESARBANES-OXLEY ACT OF 2002**

 

I, John R. Cooper, certify,pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of theSarbanes-Oxley Act of 2002, that the Quarterly Report of Avocent Corporation onForm 10-Q for the quarterly period ended July 2, 2004 fully complies with therequirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934and that information contained in such Form 10-Q fairly presents in allmaterial respects the financial condition and results of operations of AvocentCorporation.

 
| Date:  | August 11,  2004       |                                  |
|--------|------------------------|---------------------------------------|
|   | By:/s/ John  R. Cooper |                                  |
|   | Name:                  | John R.  Cooper                       |
|   | Title:                 | President and Chief Executive Officer |
|        |                        |                                       |  |  |

 

I, Douglas E. Pritchett,certify, pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906of the Sarbanes-Oxley Act of 2002, that the Quarterly Report of AvocentCorporation on Form 10-Q for the quarterly period ended July 2, 2004 fullycomplies with the requirements of Section 13(a) or 15(d) of the SecuritiesExchange Act of 1934 and that information contained in such Form 10-Q fairlypresents in all material respects the financial condition and results ofoperations of Avocent Corporation.

 
| Date:  | August 11,  2004             |                                                                  |
|--------|------------------------------|-----------------------------------------------------------------------|
|   | By:/s/  Douglas E. Pritchett |                                                                  |
|   | Name:                        | Douglas E.  Pritchett                                                 |
|   | Title:                       | Senior Vice  President of Finance, Chief Financial Officer, Treasurer |
|   | and  Assistant Secretary     |
|        |                              |                                                                       |  |  |

 

1

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NEW YORK, NY CHICAGO, IL STAMFORD CT PARSIPPANY, NJ BRUSSELS BELGIUM

AFFILIATE OFFICES MUMBAI INDIA

By HAND DELIVERY Ms. Dorothy Y. Beard KELLEY DRYE & WARREN LLP A LIMITED LIABILITY PARTNERSHIP WASHINGTON HARBOUR, SUITE 400 3050 K STREET, NW WASHINGTON, D.C. 20007-5108

July 8,2010

Director, Office ofInformation Systems Department ofTransportation 1200 New JerseyAvenue, SE M-30, Room W12-140 Washington, D.C. 20590 FACSIMILE (202) 342-8451 www.kelleydrye.com

DIRECT LINE: (202) 342-8528 EMAIL dfisher@kelleydrye.com

-; .1 Re: Application ofUnited Parcel Service Co. for Allocation ofOne Frequency (U.S.-China), Docket OST-2010-0177 DearMs. Beard: On July 2, 2010, United Parcel Service Co. ("UPS") filed an Application for an Allocation ofOne Frequency in the above-referenced docket. UPS polled all parties upon whom service was required by the Department's regulations and hereby informs the Departmentthat no party has any objectionto UPS's Application. Accordingly, UPS requests that the Department grant its Application as soon as possible. Thank you verymuch for your assistance. Sincerely,

# ~It/L Danielle K. Fisher 

### Attorney for UnitedParcelService Co.
cc: All parties (via e-mail) EstaRosenberg (via e-mail)
#### Preston Adolphus STEPHENS, Appellant, v. The STATE of Texas, Appellee.

No. 27409.

Court of Criminal Appeals of Texas.

Feb. 9, 1955.

J. P. Moseley, Dallas, for appellant.

Leon Douglas, State’s Atty., Austin, for the State.

BELCHER, Commissioner.

The offense is the possession of a bomb; the punishment, five years in the penitentiary.

This is a companion case to that of Pinkston v. State, Tex.Cr.App., 276 S.W.2d 259, to which we here refer for a summary of the evidence which is substantially the same as in this case. In the Pinkston case, the given name of appellant was not shown, but referred to as a man named Stephens, who was in the rear seat of the automobile at the time it was stopped.

We find the evidence sufficient to support the conviction.

Finding no reversible error, the judgment of the trial court is affirmed.

Opinion approved by the court.
Exhibit 10.3


 


AMENDMENT
NO. 1


to


License
Agreement


 


This
Amendment No. 1 (this “Amendment”) to the License Agreement (the “Agreement”), dated as
of March 31, 2019 (the “Effective Date”), is by and among Recruiter.com, Inc., a Delaware corporation (“Recruiter”),
VocaWorks, Inc., a New Jersey corporation (“Sub”) and Truli Technologies, Inc., a Delaware corporation (“Parent”).
Recruiter, Sub and Parent may be referred to herein collectively as the “Parties” or individually as a “Party.”


 


WHEREAS,
Recruiter, Parent and Sub entered into that certain License Agreement, effective as of October 30, 2017 (the “Agreement”);
and


 


WHEREAS,
in connection with that certain Agreement and Plan of Merger to be entered into by and among Parent, Recruiter and Truli Acquisition
Co., Inc.., a Delaware corporation and wholly-owned subsidiary of Parent, the Parties desire to amend the Agreement to revise
the requirements regarding the payment of license fees under the Agreement.


 


NOW,
THEREFORE, in consideration of the mutual covenants, terms, and conditions set forth herein, and for other good and valuable
consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows:


 


1.     
Article 4, License Fees, shall be deleted in its entirety and the Parties shall have no further obligations under such Article
4.


 


2.     
This Amendment shall become effective on March __, 2019, or such later date as Parties hereto shall mutually agree in writing,
subject to the closing of the transactions contemplated by that certain Agreement and Plan of Merger to be entered into by and
among Parent, Recruiter and Truli Acquisition Co., Inc.., a Delaware corporation and wholly-owned subsidiary of Parent.


 


3.     
In the event of any conflict between the Agreement and this Amendment, the terms as contained in this Amendment shall control.
Except as expressly provided in this Amendment, all of the terms and provisions of the Agreement shall remain in full force and
effect and are hereby ratified and confirmed by the Parties. Without limiting the generality of the foregoing, the amendments
contained herein will not be construed as an amendment to or waiver of any other provision of the Agreement.


 


4.     
This Amendment may be executed in one or more counterparts, each of which shall be deemed to be one and the same agreement. Facsimile
signatures shall be treated in all respects and for all purposes as originals.


 


[Signature
page follows]








 






     


     


    

 


IN
WITNESS WHEREOF, the parties hereto have executed this Amendment as of the date first written above.


 





	 	RECRUITER.COM, INC.
	 	 	 
	 	By	/s/ Michael Woloshin
	 	 	Name: Michael Woloshin
	 	 	Title: CEO, President






 





	 	TRULI TECHNOLOGIES, INC.
	 	 	 
	 	By	/s/ Evan Sohn
	 	 	Name: Evan Sohn
	 	 	Title: Consultant



 


	 	VOCAWORKS, INC.
	 	 	 
	 	By	/s/ Miles Jennings
	 	 	Name: Miles Jennings
	 	 	Title: President















 


[Signature Page to Amendment No.1 to License
Agreement]
EXHIBIT 31

eROOMSYSTEM TECHNOLOGIES, INC.

CERTIFICATION PURSUANT TO SECTION 302

OF THE SARBANES-OXLEY ACT OF 2002

I, David A. Gestetner, Chief Financial Officer of eRoomSystem Technologies, Inc., certify:

1.

I have reviewed this quarterly report on Form 10-QSB of eRoomSystem Technologies;

2.

Based on my knowledge, this quarterly 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 quarterly report;

3.

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

4.

I am responsible for establishing and maintaining disclosure controls and procedures (as defined in the Exchange Act Rules 13a-14 and 15d-14) for the registrant and I have:

a.

designed such disclosure controls and procedures 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 this period in which the quarterly report is being prepared;

b.

evaluated the effectiveness of the registrant's disclosure controls and procedures as of a date within 90 days prior to the filing date of this quarterly report (the "Evaluation Date"); and

c.

presented in this quarterly report our conclusions about the effectiveness of the disclosure controls and procedures based on our evaluation as of the Evaluation Date;

5.

I have disclosed, based on my most recent evaluation, to the registrant's auditors and the audit committee of registrant's board of directors (or persons performing the equivalent function):

a.

all significant deficiencies in the design or operation of internal controls which could adversely affect the registrant's ability to record, process, summarize and report financial data and have identified for the registrant's auditors any material weaknesses in internal controls; and

b.

any fraud, whether or not material, that involves management or other employees who have a significant role in the registrant's internal controls; and

6.

I have indicated in this quarterly report whether or not there were significant changes in internal controls or in other factors that could significantly affect internal controls subsequent to the date of our most recent evaluation, including any corrective actions with regard to significant deficiencies and material weaknesses.

|By:  /s/ David A. Gestetner |  | Chief Financial Officer                      |  | August 16, 2004
|--------------------------- |  | -------------------------------------------- |  | ---------------
|David A. Gestetner          |  | (Principal Financial and Accounting Officer) |  |
EXHIBIT 99.1

Statement of Chief Executive Officer and Chief Financial Officer under
18 U.S.C.  1350

I, Henry C. Pao, the chief executive officer and chief financial officer of
Supertex, Inc., a California corporation (the "Company"), certify pursuant to
Section 1350 of Chapter 63 of Title 18 of the United States Code that:

(i)	the Annual Report of the Company on Form 10-K for the period ending
	March 31, 2003 (the "Report"), fully complies with the requirements of
	Section 13(a) or 15(d), whichever is applicable, of the Securities
	Exchange Act of 1934, and

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


						/s/ Henry C. Pao
						Henry C. Pao, Ph.D.


Date:  June 23, 2003
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 Deep Down, Inc. (Deep Down) on Form 10-Q
for the period ended September 30, 2008 as filed with the Securities and
Exchange Commission on the date hereof (the Report), the undersigned, Ronald E.
Smith, President and Chief Executive Officer of Deep Down, 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 Deep
      Down.





This
written statement is being furnished to the Securities and Exchange Commission
as an exhibit to the Report. A signed original of this statement has been
provided to Deep Down and will be retained by Deep Down and furnished to the
Securities and Exchange Commission or its staff upon request.








By:     
/s/ RONALD E.
SMITH


Ronald E.
Smith


President
and Chief Executive Officer


November
14, 2008
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 of Genaissance Pharmaceuticals, Inc. (the "Company") for the quarter ended
June 30, 2004, as filed with the Securities and Exchange Commission on the date hereof (the "Report"), the undersigned, Kevin Rakin, Chief Executive Officer of the Company, hereby certifies,
pursuant to 18 U.S.C. Section 1350, that:



|Date: August 16, 2004 |  |  |  | /s/KEVIN RAKINKevin Rakin
Chief Executive Officer
|--------------------- |  |  |  | -------------------------------------------------

A
signed original of this written statement required by Section 906, or other document authenticating, acknowledging, or otherwise adopting the signature that appears in typed
form with 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.

---



QuickLinks
SAMMY VIDALES V. STATE OF TEXAS NO. 2012436579 COA. 07-13-00286-CR IN THE COURT OF CRIMINAL APPEALS AUSTIN, TEXAS

Motion for Suspension of Rules
Comes now SAMMY VIDALES, APPELLANT Pro Se, under the pro 

### tection of HAINES V. KERNER, 404 U.S. 520(1972), per liberal construction/application to pro se litigants and respectfully moves this Honorable Court to aknowledge Rule 2 of the Texas Rules of Appellate Procedure and use its authority under this provision to suspend in this matter operation of Tex.R.App.Proc. 

### 9.3(B) and 9.5 in support of this motion. Sammy Vidales would show the following:

I. 

## Appellant, as a Texas prisoner, does not have accesshroCa)||\j 

## computer or acopier tomakecopies to send to allpa-r^HJeQF£n]n\/J|j\IALAPPEAl9 volved. Prayer 

### 1023^5 

### Appellant prays the Honorable Judge grant this mo'u':D@nA<&$Ma,Clerk order the clerk to make proper copies and distribute said copies to all parties involved. 

### Resp^ptfully Submitted,

Fre-pfch \A. Robertson Unit 12071 FM 3522 Abilene TX, 79601
#### Floyd EWING, Appellant, v. The STATE of Texas, Appellee.

No. 28024.

Court of Criminal Appeals of Texas.

Feb. 15, 1956.

R. E. Murphey, Coleman, Runge, Harde-man, Smith & Foy, by Earl W. Smith, San Angelo, for appellant.

Leon B. Douglas, State’s Atty., Austin, for the State.

*939MORRISON, Presiding Judge.

The offense is the possession of whiskey-in a dry area, with a prior offense of like character alleged for the purpose of enhancement; the punishment, 30 days in jail and a fine of $500.

Our able State’s Attorney has confessed error because of the absence of any proof that the appellant was the same person who was convicted in the prior case plead for enhancement.

Such proof is requisite. Gaines v. State, Tex.Cr.App., 274 S.W.2d 397.

The judgment is reversed and the cause remanded.
Exhibit
      10.21


**AMENDMENT
      TO EXECUTIVE**


**EMPLOYMENT
      AGREEMENT**




WHEREAS,
      effective July 31, 2006, CAPITAL GOLD CORPORATION, a Delaware corporation
      (“Employer”), and GIFFORD A. DIETERLE, a New York resident (“Executive”),
      entered into an Executive Employment Agreement (the “Agreement”);
      and





WHEREAS, on
      August
      29, 2007, based on the recommendation of the Compensation Committee of the
      Company’s Board of Directors, after review of an Executive Compensation Market
      Analysis and Report by an independent  human
      resource professional services firm, the Board of Directors increased the
      salaries of our executive officers to be commensurate with industry
      standards ;





NOW,
      THEREFORE, to effectuate the foregoing change in salary for Executive, Employer
      and Executive agree:





1.  Section
      3(a) of the Agreement is amended retroactively effective August 29, 2007 and,
      as
      amended, reads as follows:





(a)  *Base
      Salary* .
      As
      compensation for the services rendered pursuant to this Agreement, Employer
      agrees to pay Executive a base salary at an annual rate of not less than
      $250,000 payable in installments in accordance with Employer’s standard payroll
      practices, subject to such payroll and withholding deductions as are required
      by
      law or authorized by Executive. The amount of the base salary shall be reviewed
      periodically and may be increased at the sole discretion of Employer.





2.  All
      other
      terms of the Agreement remain the same.





IN
      WITNESS WHEREOF, the parties have executed this amendment to the Agreement
      effective August 29, 2007.




EMPLOYER
                :


CAPITAL GOLD CORPORATIONBy:
            s/ Jeffrey
              W.
              PritchardJeffrey
              W. Pritchard, Vice President EXECUTIVE:s/ Gifford
                A. DieterleGifford
                  A. Dieterle
EXHIBIT 99.1 - ANNUAL FUNDS APPLICATION STATEMENT




                              [LOGO] JPMORGAN


June 30, 2005

    Hartford Life Global Funding Trusts - Annual Funds Application Statement

I, Albert P. Mari, Jr., being a duly appointed officer of JPMorgan Chase Bank,
N.A. ("Indenture Trustee"), do hereby certify on behalf of the Indenture
Trustee, that, with respect to Hartford Life Global Funding Trust 2005-009:





         1. I have reviewed and examined the application by the Indenture
Trustee, during the fiscal year ending June 15, 2005; of trust money collected
by the Indenture Trustee pursuant to Section 5.02 of the Indenture, pursuant to
which the trust's notes (the "Notes") were issued; and

         2. Based upon my review and examination, to the best of my knowledge,
during such fiscal year, the trust money collected by the Indenture Trustee was
properly applied, pursuant to Section 5.02 of the Indenture.

         Nothing herein shall constitute a representation as to the proper
application by the registered holder of the Notes or the trust of the trust
monies received by it.



JPMORGAN CHASE BANK, N.A., as Indenture Trustee
Worldwide Securities Services
4 New York Plaza, 15th Floor
New York, NY 10004


/s/ Albert P. Mari, Jr.


Name:  Albert P. Mari, Jr.
Title: Vice President


<TABLE>
<S><C>
JPMORGAN CHASE BANK o Institutional Trust Services o 4 New York Plaza, Floor 15, New York, NY 10004
</TABLE>
EXHIBIT 99.2

                            CERTIFICATION PURSUANT TO
                             18 U.S.C. SECTION 1350
                               ADOPTED PURSUANT TO
                 SECTION 906 OF THE SARBANES--OXLEY ACT OF 2002


          In connection with the Quarterly Report of Trinity Medical Group USA,
Inc. (the "Company") on Form 10-Q for the period ended June 30, 2002 as filed
with the Securities and Exchange Commission on the date hereof (the "Report"),
I, Gary E. Wilson, Chief Financial Officer of the Company, certify, pursuant to
18 U.S.C. ss. 1350, 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) 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/  Gary E. Wilson
                                        ----------------------------------------
                                        Gary E. Wilson
                                        Chief Financial Officer
                                        September 18, 2002
EXHIBIT 32.2

                            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 Hesperia  Holding,  Inc. (the
"Company") on Form 10-QSB for the period ended March 31, 2005, as filed with the
Securities and Exchange  Commission on the date hereof (the "Report"),  I, Steve
Chaussy, Chief Financial 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:

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/ STEVE CHAUSSY
                                 -----------------
                                Steve Chaussy
                                Chief Financial Officer
                                May 5, 2005
** **

** **

 

 

 

 

**Exhibit 23.2**

 

 

 

**Consent of Independent Registered Public Accounting Firm**

 

We consentto the incorporation by reference in the following Registration Statements:

 

(1)Registration Statement (Form S-3 No. 333-156051) of Parkway Properties, Inc.,

(2)Registration Statement (Form S-3 No. 333-156050) of Parkway Properties, Inc.,

(3)Registration Statement (Form S-8 on Form S-3, No. 333-88861) and relatedprospectuses pertaining to the Parkway Properties, Inc. Employee ExcellenceRecognition Plan, 1997 Non-Employee Directors' Stock Ownership Plan, 1994 StockOption and Long-Term Incentive Plan and 1991 Directors Stock Option Plan,

(4)Registration Statement (Form S-8 on Form S-3, No. 333-00311) and relatedprospectus pertaining to the Parkway Properties, Inc. 1994 Stock Option Plan,1991 Incentive Plan and 1991 Directors Stock Option Plan,

(5)Registration Statement (Form S-8, No. 333-100565) pertaining to the ParkwayProperties, Inc. 2001 Directors Stock Option Plan,

(6)Registration Statement (Form S-8, No. 333-115286), and pertaining to theParkway Properties, Inc. 2003 Equity Incentive Plan and the Employee ExcellenceRecognition Plan, and

(7)Registration Statement (Form S-8, No. 333-134069) pertaining to the ParkwayProperties, Inc. 2006 Employee Stock Purchase Plan,

 

of ourreport dated February 27, 2008, with respect to the consolidated financialstatements and schedule of Parkway Properties, Inc. included in this AnnualReport (Form 10-K) for the year ended December 31, 2007.

 

/s/ Ernst& Young LLP

 

Houston, Texas

March 6,2009

 

----