alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
EX-10.8
                          PROMISSORY NOTE

                          PROMISSORY NOTE

Principal amount $18,994.22                              March 22, 2004

     FOR VALUE RECEIVED, RMD Technologies, Inc. hereby promise to pay
to the order of Patrick A. Galliher the sum of Eighteen Thousand Nine
Hundred Ninety Four Dollars and Twenty Two Cents, together with
interest thereon at the rate of 1% per month on the unpaid balance.
Said sum shall be paid upon demand.

     This note shall at the option of any holder thereof be
immediately due and payable upon the occurrence of any of the
following:  1) Breach of any condition of any security interest,
mortgage, loan agreement, pledge agreement or guarantee granted as
collateral security for this note. 2) Breach of any condition of any
loan agreement, security agreement or mortgage, if any, having a
priority over any loan agreement, security agreement or mortgage on
collateral granted, in whole or in part, as collateral security for
this note. 3) Upon the death, incapacity, dissolution or liquidation
of any of the undersigned, or any endorser, guarantor to surety
hereto. 4) Upon the filing by any of the undersigned of an assignment
for the benefit of creditors, bankruptcy or other form of insolvency,
or by suffering an involuntary petition in bankruptcy or receivership
not vacated within thirty (30) days.

     In the event this note shall be in default and placed for
collection, then the undersigned agree to pay all reasonable attorney
fees and costs of collection. All payments hereunder shall be made to
such address as may from time to time be designated by any holder.

     The undersigned and all other parties to this note, whether as
endorsers, guarantors or sureties, agree to remain fully bound until
this note shall be fully paid and waive demand, presentment and
protest and all notices hereto and further agree to remain bound,
notwithstanding any extension, modification, waiver, or other
indulgence or discharge or release of any obligor hereunder or
exchange, substitution, or release of any collateral granted as
security for this note. No modification or indulgence by any holder
hereof shall be binding unless in writing; and any indulgence on any
one occasion shall not be an indulgence for any other or future
occasion. Any modification or change in terms, hereunder granted by
any holder hereof, shall be valid and binding upon each of the
undersigned, notwithstanding the acknowledgement of any of the
undersigned, and each of the undersigned does hereby irrevocably grant
to each of the others a power of attorney to enter into any such
modification on their behalf. The rights of any holder hereof shall be
cumulative and not necessarily successive. This note shall take effect
as a sealed instrument and shall be construed, governed and enforced
in accordance with the laws of the State of California.

RMD Technologies, Inc.


By: /s/  Pat Galliher
Pat Galliher, President
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 Annual Report on Form 10-K of Merrill Lynch Preferred
Capital Trust V (the "Trust") and Merrill Lynch Preferred Funding V, L.P.
for the period ended December 30, 2005 as filed with the Securities and
Exchange Commission on the date hereof (the "Report"), I, Marlene Debel,
Regular Trustee of the Trust, 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 Trust.





                              MERRILL LYNCH PREFERRED CAPITAL TRUST V


                              By:  /s/ MARLENE DEBEL
                                   ---------------------------------------------
                              Name:    Marlene Debel *
                              Title:   Regular Trustee









Dated: March 24, 2006
_____________________

* Marlene Debel functions as the equivalent of the Chief Executive Officer
  and Chief  Financial  Officer of the Trust for  purposes  of Section  906
  of the Sarbanes-Oxley Act of 2002.
EXHIBIT
32.2






CERTIFICATION
OF PRINCIPAL EXECUTIVE OFFICER PURSUANT TO


SECTION
906 OF THE SARBANES-OXLEY ACT OF 2002





In
connection with the amended Annual Report of Z Trim Holdings, Inc. on Form
10-KSB for the year ended December 31, 2007 as filed with the Securities and
Exchange Commission on the date hereof (the “Annual Report”), I, Brian Chaiken,
Chief Financial Officer of Z Trim Holdings, Inc., certify, pursuant to Section
906 of the Sarbanes-Oxley Act of 2002, thatto my knowledge:





(1)           The
Annual 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 Annual Report fairly presents, in all material
respects, the financial condition and results of operations of Z Trim Holdings,
Inc.




Date:  September
      15, 2008
            By:
            /s/ Brian
      ChaikenBrian
      ChaikenChief
      Financial Officer(Principal
      Financial Officer)
**Exhibit 32(ii)**

****

**CERTIFICATION OF CHIEF FINANCIAL OFFICERPURSUANT TO 18 U.S.C. SECTION 1350, AS ADOPTED PURSUANT TO SECTION 906OF THE SARBANES-OXLEY ACT OF 2002**

 

                In connect with the quarterly report of Taylor Devices, Inc. (the "Company") on Form 10-Q for the period ended February 28, 2009 to befiled with Securities and Exchange Commission on or about the date hereof (the "Report"), I, Mark V. McDonough, Chief Financial Officer of the Company, certify, pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, 18 U.S.C. Section 1350,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 as of the dates and for the periods covered by the Report.

                It is not intended that this statement be deemed to be filed for purposes of the Securities Exchange Act of 1934.
| Date: April 13, 2009              | By: | /s/ Mark V. McDonough      |
|----------------------------------------------------------------------------------------------------|-----|-----------------------------------------------------|
|                                                                                                    |     | Mark V. McDonough,Chief Financial Officer           |
<TABLE> <S> <C>

<PAGE>
<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFO. EXTRACTED FROM S.D. WARREN
CONSOLIDATED FINANCIAL STATEMENTS FOR THE NINE MONTHS ENDED JULY 1, 1998 
FOUND ON PG. 4, 5 AND 6, OF THE COMPANY'S QUARTERLY REPORT ON FORM 10-Q 
FINANCIAL INFO. AND IS QUALIFIED IN ITS ENTIRETY BY REF. TO SUCH FIN.
STATEMENTS.
</LEGEND>
<MULTIPLIER> 1,000
       
<S>                             <C>
<PERIOD-TYPE>                   9-MOS
<FISCAL-YEAR-END>                          SEP-30-1998
<PERIOD-START>                             OCT-02-1997
<PERIOD-END>                               JUL-01-1998
<CASH>                                          29,300
<SECURITIES>                                         0
<RECEIVABLES>                                   39,700
<ALLOWANCES>                                     5,400
<INVENTORY>                                    196,900
<CURRENT-ASSETS>                               308,900
<PP&E>                                       1,234,000
<DEPRECIATION>                                 273,500
<TOTAL-ASSETS>                               1,501,300
<CURRENT-LIABILITIES>                          221,200
<BONDS>                                        616,700
<PREFERRED-MANDATORY>                          115,400
<PREFERRED>                                          0
<COMMON>                                             0
<OTHER-SE>                                     321,400
<TOTAL-LIABILITY-AND-EQUITY>                 1,501,300
<SALES>                                      1,072,400
<TOTAL-REVENUES>                             1,072,400
<CGS>                                          825,200
<TOTAL-COSTS>                                  929,700
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                              56,300
<INCOME-PRETAX>                                121,100
<INCOME-TAX>                                    49,900
<INCOME-CONTINUING>                             71,200
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                  2,500
<CHANGES>                                            0
<NET-INCOME>                                    68,700
<EPS-PRIMARY>                                     0.57
<EPS-DILUTED>                                     0.57
        

</TABLE>
<PAGE>


                       REPORT OF INDEPENDENT ACCOUNTANTS


To the Board of Directors and Shareholders of DSET Corporation:

Our audits of the consolidated financial statements referred to in our report
dated March 29, 2000, which appears in this Annual Report on Form 10-K, also
included an audit of the financial statement schedule listed in Item 14(a)(2) of
this Form 10-K. In our opinion, this financial statement schedule presents
fairly, in all material respects, the information set forth therein when read in
conjunction with the related consolidated financial statements.



PricewaterhouseCoopers LLP


Florham Park, New Jersey
March 29, 2000
<TABLE> <S> <C>

<ARTICLE> 5
<CIK> 0000095779
<NAME> SWANK, INC.
<MULTIPLIER> 1,000

<S>                             <C>
<PERIOD-TYPE>                   6-MOS
<FISCAL-YEAR-END>                          DEC-31-2000
<PERIOD-START>                             JAN-01-2000
<PERIOD-END>                               JUN-30-2000
<CASH>                                             167
<SECURITIES>                                         0
<RECEIVABLES>                                   21,676
<ALLOWANCES>                                     6,507
<INVENTORY>                                     35,202
<CURRENT-ASSETS>                                61,110
<PP&E>                                          28,864
<DEPRECIATION>                                  23,205
<TOTAL-ASSETS>                                  74,679
<CURRENT-LIABILITIES>                           33,693
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                           563
<OTHER-SE>                                      29,823
<TOTAL-LIABILITY-AND-EQUITY>                    74,679
<SALES>                                         70,552
<TOTAL-REVENUES>                                70,552
<CGS>                                           44,782
<TOTAL-COSTS>                                   44,782
<OTHER-EXPENSES>                                 1,680
<LOSS-PROVISION>                                 (199)
<INTEREST-EXPENSE>                                 998
<INCOME-PRETAX>                                (5,446)
<INCOME-TAX>                                   (2,178)
<INCOME-CONTINUING>                            (3,130)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                   (3,130)
<EPS-BASIC>                                      (.57)
<EPS-DILUTED>                                    (.57)


</TABLE>
Exhibit 31.1

CERTIFICATION PURSUANT TO  18 U.S.C. SECTION 1350,  AS ADOPTED PURSUANT TO  SECTION 302 OF THE SARBANES-OXLEY ACT OF 2002

I,
F. Duffield Meyercord, certify that:

1.     I
have reviewed this annual report on Form 10-K of National Equipment Services, Inc.;

2.     Based
on my knowledge, this report does not contain any untrue statement of a material fact or omit to state a material fact necessary in order to make the statements
made, in light of the circumstances under which such statements were made, not misleading with respect to the period covered by this report;

3.     Based
on my knowledge, the financial statements, and other financial information included in this report, fairly present in all material respects the financial condition,
results of operations and cash flows of the registrant as of, and for, the periods presented in this report;

4.     The
registrant's other certifying officers and I are responsible for establishing and maintaining disclosure controls and procedures (as defined in Exchange Act
Rules 13a-15(e) and 15d-15(e)) for the registrant and we have:



5.     The
registrant's other certifying officers and I have disclosed, based on our most recent evaluation of internal control over financial reporting, to the registrant's
auditors and the audit committee of registrant's board of directors (or persons performing the equivalent functions):



|Date: March 30, 2004 | /s/F. DUFFIELD MEYERCORDF. Duffield Meyercord Interim
Chief Executive Officer
|-------------------- | -----------------------------------------------------------------------------

---

QuickLinks
* Pursuant to 5TH CIR. R. 47.5, the court has determined

that this opinion should not be published and is not precedent

except under the limited circumstances set forth in 5TH CIR.

R. 47.5.4.

IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

 

No. 97-10340

Summary Calendar

 

UNITED STATES OF AMERICA,

Plaintiff-Appellee,

versus

FREDERICK BUCHANAN,

Defendant-Appellant.

- - - - - - - - - -

Appeal from the United States District Court

for the Northern District of Texas

USDC No. 4:96-CR-132-A-ALL

- - - - - - - - - -

December 17, 1997

Before KING, HIGGINBOTHAM, and DAVIS, Circuit Judges.

PER CURIAM:*

Frederick Buchanan appeals his conviction for distribution

of cocaine base pursuant to 21 U.S.C. § 841(a)(1). He argues

that the evidence presented at trial was insufficient to support

a conviction.

The district court did not err in refusing to grant

Buchanan’s motion for judgment of acquittal. The evidence was

sufficient to support his conviction, as a reasonable trier of

fact could have found that the evidence established his guilt
beyond a reasonable doubt. See United States v. Gonzalez, 76

F.3d 1339, 1346 (5th Cir. 1996).

AFFIRMED.
<PAGE>
                                                                    EXHIBIT 23.1

CONSENT OF ERNST & YOUNG LLP, INDEPENDENT AUDITORS

         We consent to the incorporation by reference in the Registration
Statements and related prospectuses (Forms S-3 No. 333-109536 (amendment #1),
No. 333-48272 (amendment #1), No. 333-48486, No. 333-50208 and No. 333-53694
(amendment #1)) of Terayon Communication Systems, Inc., (Form S-8 No. 333-99039)
pertaining to the 1998 Employee Stock Purchase Plan and the 1998 Non-Employee
Directors' Plan of Terayon Communication Systems, Inc., (Form S-8 No. 333-104161
and Form S-8 No. 333-85354) pertaining to the 1997 Equity Incentive Plan, (Forms
S-8 No. 333-93779 and No. 333-53788) pertaining to the 1999 Non-Officer Equity
Incentive Plan (Form S-8 No. 333-66139) pertaining to the 1995 Stock Option
Plan, the 1997 Equity Incentive Plan, the 1998 Non- Employee Directors' Stock
Option Plan, the 1998 Employee Stock Purchase Plan and Non-Plan Option Grants,
(Forms S-8 No. 333-44770, No. 333-47154 and No. 333-61050) pertaining to the
1999 Non-Officer Equity Incentive Plan and the 1997 Equity Incentive Plan, (Form
S-8 No. 333-48488) pertaining to the MainSail Networks, Inc. 1997 Stock Option
Plan, and (Form S-8 No. 333-53778) pertaining to the 2000 TrueChat, Inc. Equity
Incentive Plan of Terayon Communication Systems, Inc. of our report dated
January 23, 2004, with respect to the consolidated financial statements and
schedule of Terayon Communication Systems, Inc. included in the Annual Report
(Form 10-K) for the year ended December 31, 2003.



                                      /s/ Ernst & Young LLP


Palo Alto, California
March 11, 2004
Fourth Court of Appeals

San Antonio, Texas

June 25, 2018

No. 04-18-00371-CR

IN RE Juan Gabriel CISNEROS

Original Mandamus Proceeding1

ORDER

Sitting: Karen Angelini, Justice

Rebeca C. Martinez, Justice

Patricia O. Alvarez, Justice

On June 4, 2018, relator filed a pro se petition for writ of mandamus complaining of the

trial court’s refusal to rule on his application for writ of habeas corpus pursuant to Texas Code of 

Criminal Procedure 11.08. Included in the mandamus record are the following: (1) an October 3, 

2016 file-stamped copy of the application for writ of habeas corpus, (2) a November 6, 2017 

notice provided by relator to the district court stating he filed his application on October 3, 2016, 

and (3) a copy of a November 8, 2017 letter from the Brooks County District Clerk informing 

relator of the following: “I forwarded the letter you sent our office to the District Judge’s Office 

and the District Attorney’s Office for review. I am sending you a file stamped copy of the notice 

you sent us.” 

Because this court believes a serious question concerning the mandamus relief sought 

requires further consideration; see TEX. R. APP. P. 52.8(b); the respondent and the real party in 

interest may file a response to the petition for writ of mandamus in this court no later than July 

10, 2018. Any such response must conform to Texas Rule of Appellate Procedure 52.4.

If the respondent elects to take action on the application, rather than file a response to the 

petition, respondent is ORDERED to inform this Court in writing of such action no later than 

July 10, 2018.

It is so ORDERED on June 25, 2018.

 

1 This proceeding arises out of Cause No. 88-02-02179-CR, styled The State of Texas v. Juan Gabriel Cisneros, 

pending in the 79th Judicial District Court, Brooks County, Texas, the Honorable Federico Hinojosa presiding.
PER CURIAM

ATTESTED TO: _____________________________ 

Keith E. Hottle, 

Clerk of Court
<PAGE>

EXHIBIT 32.1


                             CERTIFICATE 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 Report of Integrated Healthcare Holdings, Inc. (the
"Company") on Form 10-K for the period from April 1, 2006 to March 31, 2007, as
filed with the Securities and Exchange Commission (the "Report"), each of the
undersigned, in the capacities and on the dates indicated below, hereby
certifies 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), as applicable, 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 at the dates and for the period indicated. This
            Certificate has not been, and shall not be deemed, "filed" with the
            Securities and Exchange Commission.


Dated: July 16, 2007                           /s/ Bruce Mogel
                                               ---------------------------------
                                               Bruce Mogel
                                               Chief Executive Officer
IN THE COURT OF CRIMINAL APPEALS CMRT OF CRIMINAL APPEALS

AUSTIN, TEXAS NOV 18 2015

THE STATE OF TEXAS, § *._..'

AbelAcosta, Clerk

VS. § APPEAL NO. 01-15-00096-CR

JAMES WILLS BEN, § FILED IN

APPELLANT'S FTRST MOYIONFOR ASIXTY DAY EXTENSION o$°TI^OF CR!M,NAL APPEALS

TO FILE HIS PETTnOl FOR DISCRETIONARY REVIEW ' fcOV 18 2ii.J

TO THE HONORABLE JUSTICES OF SAID COURT: Abel Acosta C|er!<

GOMES NOW, JAMES WILLS BEN, Appellant herein now proceeding pro se and in

support of this motion will show this Honorable Court the following:

I.

The Honorable First District Court of Appeals rendered its opinion in this

case on October 22, 2015. Therefore, Appellant's PDR is presently due to be filed

on or before November 21, 2015. Appellant had been represented by court

appointed attorney, Thomas A. Martin. His representation'was concluded with the

court issuing there opinion. Applicant has no formal.training in the law, in

fact he has a below average 10. At this time Appellant is on a unit that has no

ground floor access":o the law library. Appellant is forced to use a cane to

walk with and wear special medical shoes, as such he can not climb stairs.

The law library on this unit is on the second floor to obtain access a

prisoner must climb the stairs. Therefore, Appellant's ability to conduct

reseaech is severally limited at its best. The Doctor on this unit just last

recommended Appellant to be transferred to a ground floor unit. Appellant needs

this extra time to do research so he can file a well researched and well written

PDR. If this motion is granted Appellant's brief will be due to be filed on or

before December 21. 2015.
WHEREFORE, PREMISES CONSIDERED, Appellant prays that this Honorable Court

grant this motion for. a sixty day extension of time thereby making Appellant's

PDR due to be filed on or before December 21, 2015.

Respectfully submitted,

James Wills Ben #543889

Wayne Scott Unit

6999 Retrieve Rd

Angleton, Texas 77515

CERTIFICATE OF SERVICE

I, .hereby certify that a true and correct copy of this motion has been sent

to the Crimina]. District Attorney addressed to: Devon Anderson, 1201 Franklin,

Suite 600, Houston, Texas 77002, by placing a true and correct copy in the

U.S. Mail postage prepaid on this 7iuk day of November, 2015.

James Wills Ben