alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
**EXHIBIT 32.01** 

 

**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 Swank, Inc. (the "Company") for the fiscal quarter ended September 30, 2008 (the "Report"), the undersigned each hereby certifies that: (1) the Report 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: November 14, 2008 |   | /s/ John Tulin                                            |
|--------------------------|--------|-----------------------------------------------------------|
|                     |   | John Tulin, Chief Executive Officer                       |
|                     |   |                                                      |
|                     |   |                                                      |
| Dated: November 14, 2008 |   | /s/ Jerold R. Kassner                                     |
|                     |   | Jerold R. Kassner, Executive Vice President and Treasurer |
|                     |   | (Chief Financial Officer)                                 |

 

 

A signed original of this written statement required by Section 906 has been provided to Swank, Inc. and will be retained by Swank, Inc. and furnished to the Securities and Exchange Commission or its staff upon request.

 

 

23
EX-4.9





 Exhibit 4.9 

THORNE HEALTHTECH, INC. 

AMENDMENT TO WARRANT TO PURCHASE COMMON STOCK 

This Amendment to Warrant to purchase Common Stock (this “Amendment”) is entered into effective as of May 2,
2019, by and between Thorne HealthTech, Inc., previously Thorne Holding Corp. (the “Issuer”) and Elus Holdings Corporation (the “Holder”), and amends that certain Warrant (No. 9) to purchase Common
Stock, issued by the Issuer to the Holder, dated as of May 10, 2011 (the “Warrant”). Capitalized terms used but not defined herein shall have the respective meanings assigned to them in the Warrant. 

WHEREAS, pursuant to Section 11.6 of the Warrant, the provisions of the Warrant may be amended, modified or waived with the
written consent of the Issuer and the Holder. 
 WHEREAS, the Issuer and the Holder desire to amend the Warrant to modify the
Expiration Date from June 23, 2020 to June 23, 2030. 
 NOW, THEREFORE, for good and valuable consideration, the receipt of
which is hereby acknowledged, the parties agree that the Warrant shall be amended as follows: 
 1. Amendment. The definition of
Expiration Date in the preamble of the Warrant is hereby amended from June 23, 2020 to June 23, 2030. 
 2. Full Force and
Effect. To the extent not expressly amended hereby, the Warrant remains in full force and effect. 
 3. Entire Agreement. This
Amendment, together with the Warrant, and all respective exhibits attached thereto, constitute the entire agreement and understanding of the Issuer and the Holder with respect to the subject matter hereof and supersede all prior agreements and
understandings relating to the subject matter hereof. 
 4. Governing Law. This Amendment shall be governed by and construed in
accordance with the laws of the State of Delaware, without giving effect to its principles regarding conflicts of law. 
 5.
Counterparts. This Amendment may be executed by the parties in various counterparts, all of which shall constitute but one and the same agreement among the parties, and shall be binding upon the respective parties. 

[Signature Page Follows] 












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

			
	 ISSUER:

	
	THORNE HEALTHTECH, INC. (previously Thorne Holding Corp.)
		
	By:	 	/s/ Paul Jacobson
		
	Name:	 	Paul Jacobson
		
	Title:	 	Chief Executive Officer


  

			
	 HOLDER:

	
	ELUS HOLDINGS CORPORATION
		
	By:	 	/s/ Riccardo C. Braglia
		
	Name:	 	Riccardo C. Braglia
		
	Title:	 	Chief Executive Officer



  
 [Signature page to
Amendment to Warrant No. 9]
EXHIBIT 99
                           ==========

        Certification of Chief Financial Officer Pursuant to
Section 906 of the Sarbanes-Oxley Act of 2002, 18 U.S.C. Section 1350
----------------------------------------------------------------------

In connection with the Annual Report of Web Views Corporation
(Registrant) on Form 10-KSB for the year ended December 31, 2002,
as filed with the Securities and Exchange Commission on the date hereof
(the Report), I, Karroll Kitzul, Chief Executive Officer of Registrant,
hereby certify, pursuant to 18 U.S.C. Section 1350, as adopted pursuant
to Section 906 of the Sarbanes-Oxley Act of 2002, that, to the best of
my knowledge and belief:

   (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 Registrant.


Date: March 30, 2003        /s/ Karroll Kitzul
                              ----------------------------------
                              Chief Financial Officer of
                              Web Views Corporation, Registrant
```

[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2988 Introduced in House (IH)]

113th CONGRESS
  1st Session
                                H. R. 2988

To amend the Internal Revenue Code of 1986 to modify the definition of 
full-time employee for purposes of the employer mandate in the Patient 
                  Protection and Affordable Care Act.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                             August 2, 2013

 Mr. Lipinski (for himself, Mr. Barrow of Georgia, Ms. Duckworth, Mr. 
Matheson, Mr. McIntyre, Mr. Peterson, and Mr. Schrader) introduced the 
 following bill; which was referred to the Committee on Ways and Means

_______________________________________________________________________

                                 A BILL

 
To amend the Internal Revenue Code of 1986 to modify the definition of 
full-time employee for purposes of the employer mandate in the Patient 
                  Protection and Affordable Care Act.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Forty Hours Is Full Time Act of 
2013''.

SEC. 2. DEFINITION OF FULL-TIME EMPLOYEE.

    Section 4980H(c) of the Internal Revenue Code of 1986 is amended--
            (1) in paragraph (2)(E), by striking ``by 120'' and 
        inserting ``by 174''; and
            (2) in paragraph (4)(A) by striking ``30 hours'' and 
        inserting ``40 hours''.
                                 <all>
```
<TABLE> <S> <C>

<PAGE>
<ARTICLE> 9
<MULTIPLIER> 1,000

<S>                             <C>
<PERIOD-TYPE>                   YEAR
<FISCAL-YEAR-END>                          DEC-31-1996
<PERIOD-END>                               DEC-31-1996
<CASH>                                          15,293
<INT-BEARING-DEPOSITS>                          27,127
<FED-FUNDS-SOLD>                                     0
<TRADING-ASSETS>                                     0
<INVESTMENTS-HELD-FOR-SALE>                    132,064
<INVESTMENTS-CARRYING>                               0
<INVESTMENTS-MARKET>                                 0
<LOANS>                                        661,700
<ALLOWANCE>                                      2,263
<TOTAL-ASSETS>                                 873,562
<DEPOSITS>                                     694,718
<SHORT-TERM>                                    82,517
<LIABILITIES-OTHER>                              7,209
<LONG-TERM>                                          0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                           675
<OTHER-SE>                                      81,048
<TOTAL-LIABILITIES-AND-EQUITY>                 873,562
<INTEREST-LOAN>                                 38,717
<INTEREST-INVEST>                                2,144
<INTEREST-OTHER>                                12,400
<INTEREST-TOTAL>                                53,261
<INTEREST-DEPOSIT>                              22,515
<INTEREST-EXPENSE>                              28,095
<INTEREST-INCOME-NET>                           25,166
<LOAN-LOSSES>                                      210
<SECURITIES-GAINS>                                   5
<EXPENSE-OTHER>                                 20,449
<INCOME-PRETAX>                                  7,948
<INCOME-PRE-EXTRAORDINARY>                           0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                     4,815
<EPS-PRIMARY>                                      .74
<EPS-DILUTED>                                      .73
<YIELD-ACTUAL>                                    3.62
<LOANS-NON>                                      3,035
<LOANS-PAST>                                         0
<LOANS-TROUBLED>                                     0
<LOANS-PROBLEM>                                  3,371
<ALLOWANCE-OPEN>                                 2,265
<CHARGE-OFFS>                                      166
<RECOVERIES>                                         0
<ALLOWANCE-CLOSE>                                2,263
<ALLOWANCE-DOMESTIC>                             2,263
<ALLOWANCE-FOREIGN>                                  0
<ALLOWANCE-UNALLOCATED>                              0



</TABLE>
##### 



EXHIBIT
10.31
 Officer Compensation
2005
 Salary
    
    
    Bonus
    
    
    Stock Option
    
    Restricted StockName
    
    Amount
    
    
    Amount
    
    
    Award
    
    AwardJames J. Giancola,
    
    $
    535,000
    
    
    $
    374,500
    
    
    
    
    
    
    
    179,316
    (1)(2)President and Chief Executive OfficerThomas A. Caravello,
    
    $
    168,000
    
    
    $
    40,000
    
    
    
    4,000
    
    
    
    2,500Executive Vice Presidentof Midwest Bank and Trust CompanySheldon Bernstein,
    
    $
    181,245
    
    
    $
    42,000
    
    
    
    4,000
    
    
    
    2,500Executive Vice Presidentof Midwest Bank and Trust CompanyDaniel R. Kadolph,
    
    $
    148,205
    
    
    $
    30,000
    
    
    
    2,000
    
    
    
    2,000Senior Vice Presidentand Chief Financial OfficerMary M. Henthorn,
    
    $
    179,138
    
    
    $
    42,000
    
    
    
    4,000
    
    
    
    2,500Executive Vice Presidentof Midwest Bank and Trust CompanyEdward H. Sibbald, (3)
    
    $
    184,000
    
    
    $
    
    
    
    
    
    
    
    
    Executive Vice Presidentof Midwest Bank and Trust Company
 
 (1)
    
    Includes 150,000 shares pursuant to Mr. Giancolas employment agreement dated
September 28, 2004; 30,000 shares vested January 1, 2005 and the remaining 120,000 shares will
vest 30,000 each on January 1 of 2006, 2007, 2008, and 2009.(2)
    
    Includes 29,316 shares in lieu of stock options for 100,000 shares of the
Companys common stock pursuant to the amendment on December 29, 2005 to Mr. Giancolas
employment agreement dated September 28, 2004.(3)
    
    Employment ended December 31, 2005.
Exhibit 32

                            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 Marlton Technologies, Inc. (the
"Company") on Form 10-Q for the period ending March 31, 2004 as filed with the
Securities and Exchange Commission on the date hereof (the "Report"), Robert B.
Ginsburg, Chief Executive Officer of the Company, and Stephen P. Rolf, Chief
Financial Officer of the Company, each certify, pursuant to 18 U.S.C. ss. 1350,
as adopted pursuant to ss. 906 of the Sarbanes-Oxley Act of 2002, based on their
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 result of operations
         of the Company.


/s/ Robert B. Ginsburg                             /s/ Stephen P. Rolf
    ------------------                                 ---------------
    Robert B. Ginsburg                                 Stephen P. Rolf
    Chief Executive Officer                            Chief Financial Officer

    May 13, 2004                                       May 13, 2004
UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 99-6337

JOHN HENRY WEST, III,

Petitioner - Appellant,

versus

WARDEN, RED ONION STATE PRISON; ATTORNEY GENERAL OF THE COMMONWEALTH OF VIRGINIA,

Respondents - Appellees.

Appeal from the United States District Court for the Eastern

District of Virginia, at Alexandria. Albert V. Bryan, Jr., Senior

District Judge. (CA-99-60)

Submitted: May 13, 1999 Decided: May 19, 1999

Before WIDENER and MOTZ, Circuit Judges, and BUTZNER, Senior Circuit Judge.

Dismissed by unpublished per curiam opinion.

Mark Alan Epstein, Baltimore, Maryland, for Appellant. Marla Graff

Decker, Assistant Attorney General, Richmond, Virginia, for

Appellees.

Unpublished opinions are not binding precedent in this circuit.

See Local Rule 36(c).
2

PER CURIAM:

John Henry West, III, seeks to appeal the district court’s

order denying relief on his petition filed under 28 U.S.C.A. § 2254

(West 1994 & Supp. 1998). We have reviewed the record and the district court’s opinion and find no reversible error. Accordingly,

we deny a certificate of appealability and dismiss the appeal on

the reasoning of the district court. See West v. Warden, Red Onion

State Prison, No. CA-99-60 (E.D. Va. Feb. 3, 1999). 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.

DISMISSED
#### WAGNER et al. v. WALENTA.

No. 9825.

Court of Civil Appeals of Texas. Austin.

Nov. 30, 1949.

Rehearing Denied Dec. 14, 1949.

*464Ray Stevens, of Austin, for appellants.

Wm. Yelderman, of Austin, for appellee.

HUGHES, Justice.

W. W. Walenta sued Johnny Beatrice Walenta, appellee, for divorce. She filed a cross action for divorce and partition of the community estate and joined, as cross defendants, the appellants Paul Wagner and wife, who are the father and mother of W. W. Walenta, such joinder being supported by allegations that certain money on deposit in the First Lockhart National Bank of Lockhart, Texas, in the name of Mrs. Wagner, was a part of the Walentas’ community estate.

Judgment, based upon a favorable jury verdict, was rendered for appellee and entered of record on April 11, 1949. The term of court during which this cause was tried and judgment entered adjourned April 30, 1949.

Appellants did not file a motion for new trial, a motion for judgment non obstante veredicto, or a motion for judgment on the verdict of the jury, and, on these grounds, appellee moves to dismiss the appeal or affirm the judgment.

The motion must be granted. Rule 324, Texas Rules of Civil Procedure; Daniel v. Fry, San Antonio, Tex.Civ.App., 195 S.W.2d 155 (Writ Ref.N.R.E.). See Miller v. Long-Bell Lbr. Co., Tex.Sup., 222 S.W.2d 244, and Traders & General Ins. Co. v. Scott, Ft. Worth, Tex.Civ.App., 189 S.W.2d 633 (Writ Ref.W.O.M.).

Appellants resist the motion only on the ground that since they filed a motion for an instructed verdict, Rule 324, supra, ■should be construed to permit an appeal without filing a motion for new trial and on appeal to question the propriety of the court’s action in overruling the motion since the issue is one of law, is very similar to the court’s refusal to grant a judgment non obstante veredicto, and has once been called to the attention of the trial court.

Whatever force there is to this argument should be directed to the rule-making body. It is enough for us to say that the Rule does not contain the exception contended for and that we have no authority to write the exception into the Rule.

The appeal is dismissed.

Appeal dismissed.
UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 95-7744

ERIC D. HARRIS,

Plaintiff - Appellant,

versus

PAMELA ANNE SARGENT, Assistant Attorney General; NANCY P. DERRICK,

Defendants - Appellees.

Appeal from the United States District Court for the Eastern

District of Virginia, at Richmond. Richard L. Williams, Senior

District Judge. (CA-95-537-3)

Submitted: February 7, 1996 Decided: February 26, 1996

Before MURNAGHAN and WILLIAMS, Circuit Judges, and PHILLIPS, Senior

Circuit Judge.

Affirmed by unpublished per curiam opinion.

Eric D. Harris, Appellant Pro Se.

Unpublished opinions are not binding precedent in this circuit.

See Local Rule 36(c).
2

PER CURIAM:

Appellant appeals from the district court's order denying

relief on his 42 U.S.C. § 1983 (1988) complaint. We have reviewed

the record and the district court's opinion and find no reversible

error. Accordingly, we affirm on the reasoning of the district

court. Harris v. Sargent, No. CA-95-537-3 (E.D. Va. Sept. 27,

1995). 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
[Federal Register Volume 65, Number 203 (Thursday, October 19, 2000)]
[Notices]
[Page 62794]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-26828]


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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration


RTCA Special Committee 165; Minimum Operational Performance 
Standards for Aeronautical Mobile Satellite Services

    Pursuant to section 10(a)(2) of the Federal Advisory Committee Act 
(P.L. 92-463, 5 U.S.C., Appendix 2), notice is hereby given for Special 
Committee (SC)-165 meeting to be held November 2, 2000, starting at 
9:00 a.m. The meeting will be held at RTCA, 1140 Connecticut Avenue, 
NW., Suite 1020, Washington, DC 20036.
    The agenda will include: (1) Welcome and Introductory Remarks; (2) 
Approval of Summary from Previous meeting; (3) Chairman's Remarks; (4) 
Review of SC-165 Working Group Activities: (a) Working Group (WG)-1 
(AMS(R)S Avionics Equipment MOPS); (b) WG-3 (AMS(R)S MASPS); (5) 
Achieve Consensus on Proposed Change No. 1 to RTCA DO-210D; (6) 
Overview of Related activities; (c) AEEC 741 and 761 Characteristics; 
(d) EUROCAE WG-55; (e) AMS(R)S Spectrum Issues; (f) ICAO Aeronautical 
Mobile Communications Panel; (g) Industry, Users, Government; (7) Other 
Business; (8) Date and Location of Next Meeting; (9) Closing.
    Attendance is open to the interested public but limited to space 
availability. With the approval of the chairman, members of the public 
may present oral statements at the meeting. Persons wishing to present 
statements or obtain information should contact the RTCA Secretariat, 
1140 Connecticut Avenue, NW., Suite 1020, Washington, DC 20036; (202) 
833-9339 (phone); (202) 833-9434 (fax); or http://www.rtca.org (web 
site). Members of the public may present a written statement to the 
committee at any time.

    Issued in Washington, DC, on October 11, 2000.
Jane P. Caldwell,
Designated Official.
[FR Doc. 00-26828 Filed 10-18-00; 8:45 am]
BILLING CODE 4910-13-U
<PAGE>

                                                                    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 Tektronix, Inc. (the "Company")
on Form 10-Q for the fiscal quarter ended November 26, 2005 as filed with the
Securities and Exchange Commission on the date hereof (the "Report"), I, Richard
H. Wills, President and 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 to the best of 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.

Dated: January 4, 2006

/s/ RICHARD H. WILLS
-------------------------------------
Richard H. Wills
President and Chief Executive Officer
Case 5:20-cv-00746-JKP Document 29 Filed 11/17/20 Page 1 of 2
Case 5:20-cv-00746-JKP Document 29 Filed 11/17/20 Page 2 of 2
<PAGE>

                                                                    Exhibit 32.1

                    CERTIFICATION OF CHIEF EXECUTIVE OFFICER

      In connection with the quarterly report of Tecumseh Products Company (the
"Company") on Form 10-Q for the period ended June 30, 2004 as filed with the
Securities and Exchange Commission on the date hereof (the "Form 10-Q"), I, Todd
W. Herrick, 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:

(1)   The Form 10-Q fully complies with the requirements of Section 13(a) or
      15(d) of the Securities and Exchange Act of 1934 (15 U.S.C. 78m or
      78o(d)); and

(2)   The information contained in the Form 10-Q fairly presents, in all
      material respects, the financial condition and results of operations of
      the Company.

Dated:  August 6, 2004              BY:          /s/  TODD W. HERRICK
                                       ---------------------------------------
                                            Todd W. Herrick
                                               Chairman, President and Chief
                                               Executive Officer
**Exhibit
      99.7**


**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 Annual Report of YM BioSciences Inc. (the “Company”) on Form
        40-F for the year ended June 30, 2006, as filed with the Securities and Exchange
        Commission on the date hereof (the “Report”), I, Len Vernon, Director, Finance
        and Administration 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
        to
        the best of 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.
  By:
        /s/ Leonard Vernon
 
 Leonard
        Vernon
 Vice
        President, Finance and Administration (Principal Financial Officer)
  September
        21, 2006