alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
<PAGE>
 
                                                                    EXHIBIT 10.2

                    AMENDMENT NO. 2 TO EMPLOYMENT AGREEMENT

     THIS AMENDMENT NO. 2 TO EMPLOYMENT AGREEMENT (the "Amendment") is entered
into as of the 31st day of January, 1997, by and between Renaissance Solutions,
Inc. (the "Corporation") and David A. Lubin (the "Employee").

     Whereas, the Corporation and the Employee are parties to an Employment
Agreement dated as of January 31, 1995, as amended by Amendment No. 1 to
Employment Agreement, dated as of July 1, 1996; and

     Whereas, pursuant to Section 1 of the Employment Agreement, the term of the
Employment Agreement is two years; and

     Whereas, the Corporation and the Employee desire to extend the term of the
Employment Agreement by an additional year;

     Now, therefore, for good and valuable consideration, the receipt and
sufficiency of which are hereby acknowledged, the parties agree as follows:

     1.   Section 1 of the Employment Agreement is hereby amended and restated
in its entirety to read as follows:

          "1.  Term of Employment.  The Corporation hereby agrees to employ the
               ------------------                                              
          Employee, and the Employee hereby accepts employment with the
          Corporation, upon the terms set forth in this Agreement, for the
          period commencing on the date hereof (the "Commencement Date") and
          ending on the third anniversary of the date hereof, unless earlier
          terminated in accordance with the provisions of Section 4 hereof (such
          period being hereinafter referred to as the "Employment Period").
          Each of the one-year periods commencing on the Commencement Date and
          on each of the first and second anniversaries thereof is referred to
          herein as an "Employment Year.""

     2.   The second sentence of Section 3.1 of the Employment Agreement is
hereby amended and restated in its entirety to read as follows:

          "The Board of Directors may increase, but not decrease the annual base
          salary for the second or third Employment Year."

     3.   In all other respects, the Employment Agreement are hereby ratified
and shall remain in full force and effect.

 
<PAGE>
 
     IN WITNESS WHEREOF, the parties hereto have executed this Amendment as of
the day and year set forth above.

                                    RENAISSANCE SOLUTIONS, INC.


                                    By: /s/ William T. Jenkins
                                       -------------------------------------
                                    Title:  Vice President Finance and
                                            Administration


                                    EMPLOYEE:


                                    /s/  David A. Lubin
                                    ----------------------------------------
                                    David A. Lubin

                                      -2-
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<ARTICLE> 5

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<PERIOD-TYPE>                       9-MOS
<FISCAL-YEAR-END>                             JUN-30-2000
<PERIOD-START>                                JUL-01-1999
<PERIOD-END>                                  MAR-31-2000
<CASH>                                             44,065
<SECURITIES>                                       81,181
<RECEIVABLES>                                     370,999
<ALLOWANCES>                                      309,000
<INVENTORY>                                       861,474
<CURRENT-ASSETS>                                1,421,612
<PP&E>                                            662,042
<DEPRECIATION>                                  1,074,283
<TOTAL-ASSETS>                                  2,083,654
<CURRENT-LIABILITIES>                           1,802,431
<BONDS>                                                 0
<PREFERRED-MANDATORY>                                   0
<PREFERRED>                                             0
<COMMON>                                           77,543
<OTHER-SE>                                         65,138
<TOTAL-LIABILITY-AND-EQUITY>                    2,083,654
<SALES>                                         3,489,988
<TOTAL-REVENUES>                                3,489,988
<CGS>                                           2,084,097
<TOTAL-COSTS>                                   2,084,097
<OTHER-EXPENSES>                                3,378,403
<LOSS-PROVISION>                                        0
<INTEREST-EXPENSE>                                155,739
<INCOME-PRETAX>                                (2,128,251)
<INCOME-TAX>                                            0
<INCOME-CONTINUING>                            (2,128,251)
<DISCONTINUED>                                          0
<EXTRAORDINARY>                                         0
<CHANGES>                                               0
<NET-INCOME>                                   (2,128,251)
<EPS-BASIC>                                         (0.29)
<EPS-DILUTED>                                       (0.29)



</TABLE>
**EXHIBIT 32.2**

 

**PC MALL, INC.**

 

**CERTIFICATION PURSUANT TO 18 U.S.C. SECTION 1350**

**(AS ADOPTED PURSUANT TO SECTION 906 OF THESARBANES-OXLEY ACT OF 2002)**

 

In connection with theQuarterly Report of PC Mall, Inc. (the “Company”) on Form 10-Q forthe fiscal quarter ended June 30, 2009 as filed with the Securities andExchange Commission (the “Report”), I, Brandon H. LaVerne, Chief FinancialOfficer of the Company, hereby certify as of the date hereof, solely forpurposes of Title 18, Chapter 63, Section 1350 of the United States Code,that to the best of my knowledge:

 

(1)   the Reportfully complies with the requirements of Section 13(a) or 15(d), asapplicable, of the Securities Exchange Act of 1934, and

 

(2)   the informationcontained in the Report fairly presents, in all material respects, thefinancial condition and results of operations of the Company at the dates andfor the periods indicated.

 

This Certification has notbeen, and shall not be deemed, “filed” with the Securities and ExchangeCommission.

 
| August 10, 2009    |
|-------------------------|
|                    |
| /s/ Brandon H. LaVerne  |   |
| Brandon H. LaVerne      |
| Chief Financial Officer |

 

----
<PAGE>

Exhibit 99.2 CFO Certification

In connection with the quarterly report on Form 10-QSB for the quarter ended
June 30, 2002 (Report), as filed with the Securities and Exchange Commission, on
the date hereof, the undersigned Chief Financial Officer of Technology Visions
Group, Inc. (the "Company"), certify to the best of my knowledge, pursuant to 18
USC 1350, as adopted pursuant to ss.302 and promulgated as 18 USC 1350 pursuant
to ss.906 of the Sarbanes-Oxley Act of 2002, that:

1.       The Report referenced above has been read and reviewed by the
         undersigned.

2.       The Report fully complies with the requirements of Section 13(a) or
         15(d) of the Securities Exchange Act of 1934.

3.       The Report referenced above does not contain any untrue statement of a
         material fact or omit to state a material fact necessary in order to
         makes the statements made, in light of the circumstances under which
         such statements were made, not misleading.

4.       I acknowledge that the management of the Company is solely responsible
         for the fair presentation in the financial statements of the financial
         position, results of operations and cash flows of the Company in
         conformity with accounting principles generally accepted in the United
         States of America.

Based upon my knowledge, the financial statements, and other such financial
information included in the report, fairly present the financial condition and
results of operations of the Company as of and for the period ended June 30,
2002.

In my opinion, the accompanying interim financial statements, prepared in
accordance with the instructions for Form 10-QSB, are unaudited and contain all
material adjustments, consisting only of normal recurring adjustments necessary
to present fairly the financial condition, results of operations and cash flows
of the Company for the respective interim periods presented. The current period
results of operations are not necessarily indicative of results which ultimately
will be reported for the full fiscal year.

Additionally, I acknowledge that the Company's Board of Directors and Management
are solely responsible for adopting sound accounting practices, establishing and
maintaining a system of internal control and preventing and detecting fraud. The
Company's system of internal accounting control is designed to assure, among
other items, that 1) recorded transactions are valid; 2) valid transactions are
recorded; and 3) transactions are recorded in the proper period in a timely
manner to produce financial statements which present fairly the financial
condition, results of operations and cash flows of the Company for the
respective periods being presented.

/s/ James A. Giansiracusa
------------------------------
James A. Giansiracusa
Chief Financial Officer
Dated: August 14, 2002
Exhibit 31.1 CEO CertificationI, David Teckman, certify that:1. I have reviewed this Form 10-QSB of Sutura, Inc.; 2. Based on my knowledge, this report does not contain any untrue statement ofa material fact or omit to state a material fact necessary to make thestatements made, in light of the circumstances under which such statementswere made, not misleading with respect to the period covered by thisreport; 3. Based on my knowledge, the financial statements, and other financialinformation included in this report, fairly present in all materialrespects the financial condition, results of operations and cash flows ofthe small business issuer as of, and for, the periods presented in thisreport; 4. The small business issuer’s other certifying officer(s) and I areresponsible for establishing and maintaining disclosure controls andprocedures (as defined in Exchange Act Rules 13a-15(e) and 15d-15(e)) forthe small business issuer and have:(a) Designed such disclosure controls and procedures, or caused suchdisclosure controls and procedures to be designed under oursupervision, to ensure that material information relating to thesmall business issuer, including its consolidated subsidiaries, ismade known to us by others within those entities, particularly duringthe period in which this report is being prepared;(b) Evaluated the effectiveness of the small business issuer’sdisclosure controls and procedures and presented in this report ourconclusions about the effectiveness of the disclosure controls andprocedures, as of the end of the period covered by this report basedon such evaluation; and(c) Disclosed in this report any change in the small businessissuer’s internal control over financial reporting that occurredduring the small business issuer’s most recent fiscal quarter (thesmall business issuer’s fourth fiscal quarter in the case of anannual report) that has materially affected, or is reasonably likelyto materially affect, the small business issuer’s internal controlover financial reporting; and5. The small business issuer’s other certifying officer(s) and I havedisclosed, based on our most recent evaluation of internal control overfinancial reporting, to the small business issuer’s auditors and the auditcommittee of the small business issuer’s board of directors (or personsperforming the equivalent functions):(a) All significant deficiencies and material weaknesses in thedesign or operation of internal control over financial reportingwhich are reasonably likely to adversely affect the small businessissuer’s ability to record, process, summarize and report financialinformation; and(b) Any fraud, whether or not material, that involves management orother employees who have a significant role in the small businessissuer’s internal control over financial reporting.Date: May 21, 2007   /s/ David Teckman   David Teckman  Chief Executive Officer
This disposition is not appropriate for publication and is not precedent *

except as provided by 9th Cir. R. 36-3.

The panel unanimously concludes this case is suitable for decision **

without oral argument. See Fed. R. App. P. 34(a)(2).

NOT FOR PUBLICATION

UNITED STATES COURT OF APPEALS

 FOR THE NINTH CIRCUIT

GABRIEL FELIX-FERNANDEZ,

 Petitioner,

 v.

ERIC H. HOLDER, Jr., Attorney General,

 Respondent.

No. 10-71305

Agency No. A079-528-975

MEMORANDUM*

On Petition for Review of an Order of the

Board of Immigration Appeals

Submitted July 12, 2011** 

Before: SCHROEDER, ALARCÓN, and LEAVY, Circuit Judges.

Gabriel Felix-Fernandez, a native and citizen of Mexico, petitions for review

of the Board of Immigration Appeals’ (“BIA”) order denying his motion to reopen

based on ineffective assistance of counsel. Our jurisdiction is governed by

8 U.S.C. § 1252. We review for abuse of discretion the denial of a motion to

FILED

JUL 25 2011

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS
2 10-71305

reopen, Iturribarria v. INS, 321 F.3d 889, 894 (9th Cir. 2003), and we deny in part

and dismiss in part the petition for review.

The BIA did not abuse its discretion in denying Felix-Fernandez’s motion to

reopen as untimely because the motion was filed more than three years after the

agency’s final order of removal, see 8 C.F.R. § 1003.2(c)(2), and Felix-Fernandez

did not show that he acted with the due diligence required for equitable tolling of

the filing deadline, see Iturribarria, 321 F.3d at 897. 

We lack jurisdiction to consider the BIA’s discretionary decision not to sua

sponte reopen or reconsider pursuant to 8 C.F.R. § 1003.2(a). Mejia-Hernandez v.

Holder, 633 F.3d 818, 823-24 (9th Cir. 2011); see also Matter of G-D-, 22 I. & N.

Dec. 1132, 1135 (BIA 1999) (BIA’s consideration of whether a fundamental

change in the law warrants reopening involves an exercise of its sua sponte

authority).

PETITION FOR REVIEW DENIED in part; DISMISSED in part.
I 

113TH CONGRESS 

1ST SESSION H. R. 3328 

To amend the Internal Revenue Code of 1986 to provide an extension of 

the work opportunity tax credit for certain targeted groups. 

IN THE HOUSE OF REPRESENTATIVES 

OCTOBER 23, 2013 

Ms. KELLY of Illinois 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 provide 

an extension of the work opportunity tax credit for certain targeted groups. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. EXTENSION OF WORK OPPORTUNITY TAX 

4 CREDIT FOR CERTAIN TARGETED GROUPS. 

5 (a) IN GENERAL.—Subparagraph (B) of section 

6 51(c)(4) of the Internal Revenue Code of 1986 is amended 

7 by inserting ‘‘(December 31, 2018, in the case of any 

8 member of a targeted group described in subparagraph 

9 (C), (E), (F), or (G) of subsection (d)(1))’’ before the pe10 riod at the end. 


pwalker on DSK7TPTVN1PROD with BILLS
2 

•HR 3328 IH

1 (b) EFFECTIVE DATE.—The amendment made by 

2 this section shall apply to individuals who begin work for 

3 the employer after December 31, 2013. 

Æ 


pwalker on DSK7TPTVN1PROD with BILLS
**Exhibit 31.2**

 

**CERTIFICATION**

 

I, Christopher J. Willi, certify that: 

 

1. I have reviewed this amended annual report on Form 10-K/A of Sherwood Brands, Inc. (the “Registrant”); 

 

2. Based on my knowledge, this report does not contain any untrue statementof 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 report; 

 

3. Based on my knowledge, the financial statements, and other financialinformation 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 officer and I are responsible forestablishing 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: 

 

(a) designed such disclosure controls and procedures or caused such disclosure controls and procedures to be designed under our supervision, to ensurethat material information relating to the Registrant, including its consolidated subsidiaries, is made known to us by others within those entities, particularly during the period in which this report is being prepared; 

 

(b) evaluated the effectiveness of the Registrant’s disclosure controlsand procedures and presented in this report our conclusions about the effectiveness of the disclosure controls and procedures, as of the end of the period covered by this report based on such evaluation; 

 

(c) disclosed in this report any change in the Registrant’s internalcontrol over financial reporting that occurred during the Registrant’s most recent fiscal quarter (the Registrant’s fourth fiscal quarter in the case of an annual report) that has materially affected, or is reasonably likely to materiallyaffect, the Registrant’s internal control over financial reporting; and 

 

5. The Registrant’s other certifying officer 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 ofRegistrant’s board of directors (or persons performing the equivalent function): 

 

(a) all significant deficiencies and material weaknesses in the design or operation of internal control over financial reporting which are reasonably likely to 

adversely affect the Registrant’s ability to record, process, summarize and report financial information; and

 

(b) any fraud, whether or not material, that involvesmanagement or other employees who have a significant role in the Registrant’s internal control over financial reporting. 

 

Date: October 1, 2003 

 
/s/    CHRISTOPHER J. WILLI        Christopher J. WilliChief Financial Officer
UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT
No. 95-2952
EVA F. CHAMBERS, Plaintiff - Appellant, versus KERSHAW COUNTY SCHOOL DISTRICT, Defendant - Appellee.
Appeal from the United States District Court for the District of South Carolina, at Columbia. Dennis W. Shedd, District Judge. (CA-94-1109-3-19BD) Submitted: January 9, 1997 Decided: January 16, 1997 Before HALL and MI CHAEL, Circuit Judges, and PHILLIPS, Senior Circuit Judge. Affirmed by unpublished per curiam opinion. Eva F. Chambers, Appellant Pro Se. Kenneth Lendren Childs, CHILDS & DUFF, P.A., Columbia, South Carolina; Geoffrey Ross Bonham, GOODSTEIN & GOODSTEIN, Summerville, South Carolina, for Appellee. Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c).2 PER CURIAM: Eva F. Chambers appeals the district court's order dismissingher civil rights action. Appellant's case was referred to a magistrate judge pursuant to 28 U.S.C. § 636(b)(1)(B) (1994). The magistrate judge recommended that relief be denied and advised Appellant that failure to file timely objections to this recommendation could waive appellate review of a district court order based upon the recommendation. Despite this warning, Appellant failed to object to the magistrate judge's recommendation.The timely filing of objections to a magistrate judge's recommendation is necessary to preserve appellate review of the substance of that recommendation when the parties have been warned that failure to object will waive appellate review. Wright v. Collins , 766 F.2d 841, 845-46 (4th Cir. 1985). See generally Thomas v. Arn , 474 U.S. 140 (1985). Appellant has waived appellate review by failing to file objections after receiving proper notice.Accordingly, we affirm the judgment of the district court. 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
Exhibit 32.2

                    CERTIFICATION OF CHIEF FINANCIAL OFFICER
                       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 Berthel Growth & Income Trust I (the
"Company") on Form 10-Q for the period ending September 30, 2004 as filed with
the Securities and Exchange Commission on the date hereof (the "Report"), I,
Ronald O. Brendengen, Chief Financial Officer of Berthel Fisher & Company
Planning, Inc., the Trust Advisor 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 Company's 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.


November 9, 2004                            /s/  Ronald O. Brendengen
                                            -----------------------------------
                                                 Ronald O. Brendengen
                                                 Chief Financial Officer
                                                 Berthel Fisher & Company
                                                 Planning, Inc.
                                                 Trust Advisor
                                                 Berthel Growth & Income Trust I
<TABLE> <S> <C>

<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM THE
FINANCIAL STATEMENTS OF AMPACE CORPORATION FOR THE NINE MONTHS ENDED SEPTEMBER
30, 1997 AND IS QUALIFIED IN ITS ENTIRETY BY REFERENCE TO SUCH FINANCIAL
STATEMENTS.
</LEGEND>
       
<S>                             <C>
<PERIOD-TYPE>                   9-MOS
<FISCAL-YEAR-END>                          DEC-31-1997
<PERIOD-START>                             JAN-01-1997
<PERIOD-END>                               SEP-30-1997
<CASH>                                         661,595
<SECURITIES>                                         0
<RECEIVABLES>                                3,172,340
<ALLOWANCES>                                    50,701
<INVENTORY>                                    193,714
<CURRENT-ASSETS>                             7,556,736
<PP&E>                                      17,207,939
<DEPRECIATION>                               6,705,191
<TOTAL-ASSETS>                              20,559,580
<CURRENT-LIABILITIES>                        8,112,412
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                     3,080,000
<OTHER-SE>                                   7,448,193
<TOTAL-LIABILITY-AND-EQUITY>                20,558,580
<SALES>                                              0
<TOTAL-REVENUES>                            26,068,133
<CGS>                                                0
<TOTAL-COSTS>                               25,087,244
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                10,779
<INTEREST-EXPENSE>                             623,096
<INCOME-PRETAX>                               (629,558)
<INCOME-TAX>                                  (227,089)
<INCOME-CONTINUING>                                  0
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                  (402,569)
<EPS-PRIMARY>                                    (0.13)
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</TABLE>