alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
**Exhibit32.1**

 

**CertificationOf Chief Executive Officer And Chief Financial Officerpursuant to 18 U.S.C. § 1350 adopted pursuant toSection 906 of the Sarbanes-Oxley Act of 2002**

 

I, Craig A. Hutchison, Chief Executive Officer of Perry Judd’sHoldings, Inc. (the “Company”), certify, pursuant to 18 U.S.C. § 1350, asadopted pursuant to § 906 of the Sarbanes-Oxley Act of 2002, that to myknowledge:

 

(1) the Annual Report of the Company on Form 10-K for the fiscal yearended December 31, 2003, as filed with the Securities and ExchangeCommission (the “Report”) fully complies with the requirements ofSection 13(a) or 15(d) of the Securities Exchange Act of 1934; and

 

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

 

A signed original of this written statement required bySection 906 of the Sarbanes-Oxley Act of 2002 has been provided to theCompany and will be retained by the Company and furnished to the Securities andExchange Commission or its staff upon request.

 
| /s/ Craig A. Hutchison  |   |
|-------------------------|--------|
| Craig A. Hutchison      |
| Chief Executive Officer |
| March 19, 2004     |

 

I, Verne F. Schmidt, Chief Financial Officer of Perry Judd’s Holdings,Inc. (the “Company”), certify, pursuant to 18 U.S.C. § 1350, as adoptedpursuant to § 906 of the Sarbanes-Oxley Act of 2002, that to my knowledge:

 

(1) the Annual Report of the Company on Form 10-K for the fiscal yearended December 31, 2003, as filed with the Securities and ExchangeCommission (the “Report”“) fully complies with the requirements ofSection 13(a) or 15(d) of the Securities Exchange Act of 1934; and

 

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

 

A signed original of this written statement required bySection 906 of the Sarbanes-Oxley Act of 2002 has been provided to theCompany and will be retained by the Company and furnished to the Securities andExchange Commission or its staff upon request.

 
| /s/ Verne F. Schmidt    |   |
|-------------------------|--------|
| Verne F. Schmidt        |
| Chief Financial Officer |
| March 19, 2004     |

 

----
Exhibit 10.34


                                   ASSIGNMENT

         This Assignment (the "Assignment") entered into on the 31st day of
October, 2001, by and between Chiles Offshore Inc. (formerly Chiles Offshore
LLC), a company organized under the laws of the State of Delaware, ("Chiles")
and Chiles Galileo LLC, a company organized under the laws of the State of
Delaware and a wholly-owned subsidiary of Chiles ("Galileo").


         WHEREAS, Chiles and AMFELS, Inc., a corporation organized under the
laws of the State of Texas, ("Builder") entered into that certain contract dated
April 6, 2000 for the construction by Builder and purchase by Chiles of one
mobile, self-contained and self-elevating 475' leg length platform, as amended
by Amendment No. 1 dated of even date herewith, the (said contract, as amended,
the "Construction Contract").

         WHEREAS, under Article 19 of the Construction Contract, Builder has
consented to the assignment of the Construction Contract by Chiles to a
wholly-owned subsidiary of Chiles, provided that Chiles shall remain primarily
liable for the full and timely performance by such assignee of the obligations
of such assignee under the Construction Contract.

         WHEREAS, Chiles wishes to assign the Construction Contract to Galileo
and Galileo wishes to accept such assignment.

         NOW THEREFORE, in consideration of the foregoing and other good an
valuable consideration:

         1. Chiles does hereby assign all of its right, tittle and interest in,
            under and to the Construction Contract to Galileo.

         2. Galileo does hereby accept such assignment of the Construction
            Contract and agrees to perform all of the obligations of the Owner
            thereunder.

         3. Nothing herein shall supersede the provisions of Section 15 of
            Amendment No. 1 to the Construction Contract.

                            [SIGNATURE PAGE FOLLOWS]

<PAGE>


         IN WITNESS WHEREOF, the parties have caused this Assignment to be
executed on their behalf by their respective duly authorized representatives on
the date first shown above.

         CHILES OFFSHORE INC.                     CHILES GALILEO LLC



         By:  /s/ Dick Fagerstal                  By:/s/ Dick Fagerstal

         Name:  Dick Fagerstal                    Name: Dick Fagerstal

         Title:   Senior Vice President           Title:   Senior Vice President

         AMFELS, Inc. hereby consents to said assignment on the condition that
Chiles shall remain primarily liable for the full and timely performance by
Galileo of the obligations of Galileo under the Construction Contract.

         AMFES, INC.



         By:  /s/ Eric Phau

         Title: VP Commercial
<TABLE> <S> <C>

<ARTICLE> 5
<LEGEND>
This schedule contains summary financial information extracted from (A)
financial statements for the three month period ended March 31, 1997 and is
qualified in its entirety by reference to such (B) Form 10-QSB for quarterly
period ended March 31, 1997.
</LEGEND>
       
<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                          DEC-31-1997
<PERIOD-START>                             JAN-01-1997
<PERIOD-END>                               MAR-31-1997
<CASH>                                       1,109,211
<SECURITIES>                                         0
<RECEIVABLES>                                5,418,041
<ALLOWANCES>                                         0
<INVENTORY>                                  7,443,998
<CURRENT-ASSETS>                            14,623,268
<PP&E>                                       5,656,837
<DEPRECIATION>                               2,904,222
<TOTAL-ASSETS>                              17,924,232
<CURRENT-LIABILITIES>                       11,549,958
<BONDS>                                      4,879,195
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                        100
<COMMON>                                         3,367
<OTHER-SE>                                   1,491,612
<TOTAL-LIABILITY-AND-EQUITY>                17,924,232
<SALES>                                      8,098,372
<TOTAL-REVENUES>                             8,098,372
<CGS>                                        5,618,759
<TOTAL-COSTS>                                2,322,124
<OTHER-EXPENSES>                               159,977
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                             219,467
<INCOME-PRETAX>                              (221,955)
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                          (221,955)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                 (221,955)
<EPS-PRIMARY>                                    (.07)
<EPS-DILUTED>                                    (.07)
        

</TABLE>
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 of Stanadyne Holdings, Inc. (Holdings) on Form 10-K for the year
ended December 31, 2008 as filed with the Securities and Exchange Commission on or about the date hereof (the Report), we, M. David Jones, President of Holdings, and Stephen S. Langin, Chief Financial Officer of Holdings, certify,
pursuant to 18 U.S.C. § 1350, as adopted pursuant to § 906 of the Sarbanes-Oxley Act of 2002, that to the best of our 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 Holdings.



|                   |  |  |  |                        
|------------------ |  |  |  | -----------------------
|/s/ M. David Jones |  |  |  | /s/ Stephen S. Langin  
|M. David Jones     |  |  |  | Stephen S. Langin      
|President          |  |  |  | Chief Financial Officer
|March 31, 2009     |  |  |  | March 31, 2009
exv10w4



 







Exhibit 10.4







3039 Cornwallis Road

RTP, NC 27709



December 16, 2005



Mr. Michael Harrison

Brocade Communications Systems, Inc.

1745 Technology Drive

San Jose, CA 95110




Subject: Amendment 24 to SOW#1 of the IBM/Brocade Goods Agreement ROC-P-68




This letter (the “Amendment”) serves as Amendment Number 24 to SOW#1, including all amendments
thereto (“SOW#1”) of the Goods Agreement ROC-P-68 (the “Agreement”), which the parties hereto do
mutually agree to amend as follows



1. The third sentence in the first paragraph of the Goods Agreement, and Section 1. of Amendment
#8, is modified as follows:



          “The Term of this SOW #1 shall be extended from 12/31/05 to 12/31/06.



The effective date of this Amendment shall be the date on the top of this Amendment (the “Effective
Date”).



The parties acknowledge that they have read this Amendment, understand it, and agree to be bound by
its terms and conditions. All capitalized terms not defined herein shall have the meaning set forth
in the Goods Agreement or the SOW #1. All other terms and conditions of the Goods Agreement and
SOW#1 that are unaffected by the revisions set forth in this Amendment shall remain in full force
and effect. Further, the parties agree that this Amendment and the Goods Agreement and SOW#1 are
the complete and exclusive statement of the agreement between the parties, superseding all
proposals or other prior agreement, oral or written, and all other communications between the
parties relating to this subject.



	 	 	 	 	 	 	 	 	 	 	 	 	 
	Accepted and Agreed To:	 	 	 	Accepted and Agreed To:
	International Business Machines Corporation	 	 	 	Brocade Communications Systems, Inc.
	 
	 	 	 	 	 	 	 	 	 	 	 	 
	By:  /s/
Patrick T. Gaynor	 	12/23/05	 	 	 	By:  /s/ Jill
Cameron	 	12/19/05
	 	 	 	 	 	 	 	 	 
	Authorized Signature	 	Date	 	 	 	Authorized Signature	 	Date
	 
	 	 	 	 	 	 	 	 	 	 	 	 
	Patrick T. Gaynor
	 	 	 	 	 	Jill Cameron	 	 
	 	 	 	 	 
	Type or Print Name	 	 	 	Type or Print Name
	 
	 	 	 	 	 	 	 	 	 	 	 	 
	Manager,
Storage Procurement
	 	 	 	 	 	Director Worldwide Sales Operations	 	 
	 	 	 	 	 
	Title & Organization	 	 	 	Title & Organization
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. 08-61133

Summary Calendar

JISHENG XIAO

Petitioner

v.

ERIC H. HOLDER, JR., U.S. ATTORNEY GENERAL

Respondent

Petition for Review of an Order of the Board of Immigration Appeals

No. A94 907 040

Before DAVIS, SMITH, and DENNIS, Circuit Judges.

PER CURIAM:*

Jisheng Xiao, an illegal immigrant from China, challenges the denial of his

application for withholding of removal and protection under the Convention

Against Torture (“CAT”) by the Board of Immigration Appeals (“BIA”). Xiao

alleges that he will be forced to undergo a sterilization procedure upon his return

to China because he fathered two children in the United States, and thus the

BIA erred in denying his application.

United States Court of Appeals

Fifth Circuit

F I L E D

October 19, 2009

Charles R. Fulbruge III

Clerk
No. 08-61133

2

We review the BIA’s denial of an application for withholding of removal

and protection under CAT under the substantial evidence test. Zamora-Morel

v. INS, 905 F.2d 833, 838 (5th Cir. 1990). Under that standard of review,

reversal is improper unless we decide “not only that the evidence supports a

contrary conclusion, but also that the evidence compels it.” Zhao v. Gonzales,

404 F.3d 295, 306 (5th Cir. 2005) (citing INS v. Elias-Zacarias, 502 U.S. 478, 481

n.1 (1992)).

Under 8 U.S.C. § 1231(b)(3)(B)(i), Xiao is entitled to withholding his

removal if he can prove that his life or freedom would be threatened in China

because of his race, religion, nationality, membership in a particular social

group, or political opinion. Under 8 C.F.R. § 1208.16(b)(2), Xiao is entitled to

protection under CAT if he can establish that it is more likely than not that he

will be persecuted in China on account of his race, religion, nationality,

membership in a particular social group, or political opinion.

In this case, Xiao offered no support for his assertion that he would be

forcibly sterilized upon returning to China. The report by the U.S. Department

of State entitled “China: Profile of Asylum Claims and Country Conditions” that

Xiao offered into evidence highlights the general population and family planning

laws in China, but as the Population and Family Planning Regulations of Fujian

Province note, the penalty for not meeting the population and family planning

regulations is a social maintenance fee, not sterilization. See Administrative

Record (A.R.) at 353–56. Xiao’s testimony before the Immigration Judge

establishes Xiao’s fear in returning to China, but his testimony provides no

evidence that his life or freedom would be threatened upon his return to China.

See A.R. 160–78. Based on the insufficient evidence presented by Xiao, it is clear

that the BIA did not err in denying Xiao’s application for withholding of removal

and protection under CAT. 
No. 08-61133

3

CONCLUSION

For the above reasons, we deny the petitioner for review.
<PAGE>   1
                                                                EXHIBIT 10.20(a)




                                    THE LEASE
                          - THE MEMORANDUM OF RENEWAL -



Date:               April 7th, 2000


Lease Term:         For 2 years between May 1st, 2000 and April 30th, 2002.


Lease Office:       Gotanda Chuo Bldg. 2F
                    3-5, Higashi-Gotanda 2-chome,
                    Shinagawa-ku, Tokyo
                    (150.84 m2)


Lessor:             CHUO TOCHI K.K.
                    5-3, Yaesu 1-chome, Chuo-ku, Tokyo
                    Representative Director  Tadao KATSUTA


Lessee:             Genomic Solutions K.K.
                    3-5, Higashi-Gotanda 2-chome, Shinagawa-ku, Tokyo
                    Representative Director  Motonori AKAHORI
<PAGE>

               99.1 SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

                    CERTIFICATION OF CHIEF EXECUTIVE 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 Commonwealth Income & Growth Fund II,
(the "Company") on Form 10-Q for the period ending March 31, 2003, as filed with
the Securities and Exchange Commission on the date hereof (the "Report"), I,
George S. Springsteen, Chief Executive Officer of the Company, certify, pursuant
to 18 U.S.C. ss. 1350, as adopted pursuant to ss. 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 result of operations of the
Company.

George S. Springsteen
-------------------------
George S. Springsteen
Chief Executive Officer
May 15, 2003
#### Ex parte CROSSNOE.

No. 25058.

Court of Criminal Appeals of Texas.

Oct. 11, 1950.

Gordon M. Burns, Huntsville, for rela-lator.

George P. Blackburn, State’s Atty., of Austin, for the State.

DAVIDSON, Commissioner.

Relator was, on January 20, 1945, upon his plea of guilty, convicted in the District Court of Howard County, Texas, in five felony cases, with punishment assessed at two years’ confinement in the penitentiary in each case.

In passing sentence, the trial court made the following order in each case, viz.: “This sentence shall ■ not run concurrent with any other sentence heretofore received.”

The penitentiary authorities construe this order as making the several sentences Cumulative. Relator contends that the order is ineffective for that purpose and that the sentences are concurrent.

It is undisputed that if the sentences are cumulative, relator is not entitled to be discharged, and if concurrent, he has served the sentence imposed and is entitled to be discharged from custody.

By writ of habeas corpus to this court, relator seeks his outright discharge from custody.

Prior to the enactment of Art. 774, C.C.P., cumulation of punishment was unrecognized and unauthorized. Baker v. State, 11 Tex.App. 262. It was for the purpose of authorizing trial courts, in the exercise of their discretion, to cumulate punishments that Art. 774, C.C.P. was enacted.

Art. 774, C.C.P., in keeping with the express provisions thereof, has been given the construction that unless the trial court, by order, expressly makes cumulative the several punishments, they run concurrently. Ex parte Davis, 71 Tex.Cr.R. 538, 160 S.W. 459; Ex parte Whiteside, 141 Tex.Cr.R. 642, 150 S.W.2d 1022.

It is in the light of this statute and the construction placed thereon that the order here before us must be appraised. .

In the first instance, the power extended to trial courts by Art. 774, C.C.P. was to make cumulative sentences which otherwise would run concurrently. Unless and until the trial courts ordered the sentences *856to run cumulátively, the mandate of the statute' that ' they run concurrently was not disturbed.

Here, the trial court made no effort, by an express order to that effect, to cumu-late the punishments imposed. Without such cumulative order, the trial court was powerless to contradict the statute, Art. 774, C.C.P., by saying that the sentences should not run concurrently.

Secondly, the order Of the' trial court cannot be given the construction as cumulative because it is indefinite and uncertain, with no description of the sentences to be cumulated. Bland v. State, 145 Tex.Cr.R. 267, 167 S.W.2d 761; Ex parte Johnson, Tex.Cr.App., 218 S.W.2d 200.

The conclusion is reached that the order of the' trial court herein' discussed did not operate to make cumulative the sentences against' relator and that he is entitled to be discharged' from custody, under the sentences' herein mentioned.

It is so ordered.

Opinion approved by the court.
EXHIBIT 32.2

PC MALL, INC.

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 PC Mall, Inc. (the Company) on Form 10-Q for the fiscal quarter ended September 30, 2006 as filed with the Securities and Exchange Commission (the
Report), I, Theodore R. Sanders, Chief Financial Officer of the Company, hereby certify as of the date hereof, solely for purposes of Title 18, Chapter 63, Section 1350 of the United States Code, that to the best of my knowledge:



| | (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 results of operations of the Company at the dates and for the periods
indicated.
| | --- | -----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------

This Certification has not been, and shall not be deemed, filed with the Securities
and Exchange Commission.



|                       
|-----------------------
|November 3, 2006       
|                       
|/s/ Theodore R. Sanders
|Theodore R. Sanders    
|Chief Financial Officer
# Contents

Data 1

http://www.eia.gov/dnav/ng/hist/rngc2a.htm

U.S. Energy Information Administration

infoctr@eia.doe.gov

# Data 1

Back to Contents
Slip-Op. 02-63 UNITED STATES COURT OF INTERNATIONAL TRADE BEFORE: SENIOR JUDGE NICHOLAS TSOUCALAS

________________________________________ : SKF USA INC., SKF FRANCE S.A., SARMA, : SKF GmbH, SKF INDUSTRIE S.p.A. and SKF : SVERIGE AB, : : Plaintiffs, : : v. : Court No. 98-07-02540 : UNITED STATES, : : Defendant, : : THE TORRINGTON COMPANY, : : Defendant-Intervenor. : ________________________________________:
JUDGMENT This Court, having received and reviewed the United States Department of Commerce, International Trade Administration’s (“Commerce”) Final Results of Red e termination Pursuant to Court Remand, SKF USA Inc. v. United States , 2001 Ct. Intl. Trade LEXIS 134, Slip Op. 01-130 (Nov. 15, 2001) (“Remand Results”), comments of SKF USA Inc., SKF Franc e S.A ., Sarma, SKF GmbH, SKF Industrie S.p.A. and SKF Sverige AB, comments and rebuttal comments of The Torrington Company and Commerce’ s response, holds that Commerce duly complied with the Court’s remand order, and it is hereby
ORDEREDthat the Remand Results filed by Commerce on April 1, 2002, are affirmed in their entirety; and it is furtherCourt No. 98-07-02540 Page 2

ORDERED that since all other issues have been decided, this case is dismissed.

______________________________ NICHOLAS TSOUCALAS SENIOR JUDGE
Dated: July 12, 2002

New York, New York
**EXHIBIT
      32**





**CAREADVANTAGE,
      INC**


**CERTIFICATION
      PURSUANT TO**


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


**AS
      ADOPTED PURSUANT TO**


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








Pursuant
      to, and for purposes only of, 18 U.S.C. § 1350, I, Dennis J. Mouras, Chief
      Executive Officer and acting principal financial officer of CareAdvantage,
      Inc.
      (the “Company”), hereby certify that (i) the Quarterly Report of the Company on
      Form 10-Q for the quarter ended September 30, 2008 filed with the Securities
      and
      Exchange Commission (the “Report”) fully complies with the requirements of
      Section 13(a) or 15(d) of the Securities Exchange Act of 1934, and (ii)
      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/
                Dennis J. MourasDennis
                J. Mouras,Chief
                Executive Officer and acting Principal Financial
                Officer
#### HUNDLEY v. STATE.

No. 24751.

Court of Criminal Appeals of Texas.

May 3, 1950.

None on appeal.

George P. Blackburn, State’s Atty., of Austin, for the State.

BEAUCHAMP, Judge.

Appellant was tried for the offense of robbery by assault. He was found guilty by the jury and his punishment assessed at ten years in the penitentiary.

The record contains no statement of facts and no bill of exceptions. All proceedings appear to be regular. Nothing is presented for review.

The judgment of the trial court is affirmed.