alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
**Exhibit 31.2**

 

**CERTIFICATIONOF CHIEF FINANCIAL OFFICER**

**PURSUANTTO SECTION 302 OF THE SARBANES-OXLEY ACT OF 2002**

 

I, John W. Beck, certify that:

 

1.             Ihave reviewed this annual report on Form 10-K of MetabasisTherapeutics, Inc.;

 

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

 

3.             Basedon my knowledge, the financial statements, and other financial informationincluded in this report, fairly present in all material respects the financialcondition, results of operations and cash flows of the registrant as of, andfor, the periods presented in this report;

 

4.             Theregistrant’s other certifying officer and I are responsible for establishingand maintaining disclosure controls and procedures (as defined in Exchange ActRules 13a-15(e) and 15d-15(e)) for the registrant and have:

 

a)             designedsuch disclosure controls and procedures, or caused such disclosure controls andprocedures to be designed under our supervision, to ensure that materialinformation relating to the registrant, including any consolidated subsidiaries,is made known to us by others within those entities, particularly during theperiod in which this report is being prepared;

 

b)                                     evaluatedthe effectiveness of the registrant’s disclosure controls and procedures andpresented in this report our conclusions about the effectiveness of thedisclosure controls and procedures, as of the end of the period covered by thisreport based on such evaluation; and

 

c)             disclosedin this report any change in the registrant’s internal control over financialreporting that occurred during the registrant’s most recent fiscal quarter thathas materially affected, or is reasonably likely to materially affect, theregistrant’s internal control over financial reporting; and

 

5.             Theregistrant’s other certifying officer and I have disclosed, based on our mostrecent evaluation of internal control over financial reporting, to theregistrant’s auditors and the audit committee of the registrant’s board ofdirectors (or persons performing the equivalent functions):

 

a)             allsignificant deficiencies and material weaknesses in the design or operation ofinternal control over financial reporting which are reasonably likely toadversely affect the registrant’s ability to record, process, summarize andreport financial information; and

 

b)                                     anyfraud, whether or not material, that involves management or other employees whohave a significant role in the registrant’s internal control over financialreporting.

 

 
| Date: March 23, 2006 | By:      | /s/ JOHN W. BECK          |
|----------------------|----------|---------------------------|
|                 |     | John W. Beck, C.P.A.,     |
| * *             | * * | *Chief Financial Officer* |

 

----
#### McLANE v. STATE.

No. 24227.

Court of Criminal Appeals of Texas.

Jan. 26, 1949.

. Gib Callaway, of Brownwood, for appellant.

Ernest S. Goens, State’s Atty., of Austin, for the State.

HAWKINS, Presiding Judge.

Conviction is' for possessing whiskey for the purpose of sale in dry area, punishment assessed at two years’ imprisonment in county jail and a fine of $1,500.

.By sufficient averments in the complaint and information it was charged that appellant possessed for the purpose of sale in Brown County, Texas, whiskey, and that Brown County was dry area, The pleader then, as a basis for increased punishment, undertook’to allege two former convictions in said county for possessing whiskey for the purpose of sale. The averments As to the first prior conviction was that on the 15th day of February, 1947, appellant had been eonyicted in Brown County of “an offense of like character” as the present offense charged; and in the same language charged the second prior conviction. No further description of such prior offenses appears in the State’s pleadings.

No motion to quash or suppress that portion of the information and complaint was urged, but appellant objected to the court’s instruction to the jury per mitting the increased penalty under the provision of Art. 61, P.C., on the ground that the Statens pleading was wholly insufficient to authorize such an instruction. Appellant further objected to the charge because it did not withdraw from the jury all evidence regarding the prior convictions, and requested a special charge .to. that effect. The following cases support appellant’s contention. Waltrip v. State, 134 Tex.Cr.R. 202, 114 S.W.2d 555; Walker v. State, 138 Tex.Cr.R. 230, 135 S.W.2d 498; Stover v. State, 145 Tex.Cr.R. 426, 168 S.W.2d 871.

Appellant further contends that the averment's as to prior convictions are defective in other particulars than those above discussed, in that they do not accord with the holdings of the court in Ellis v. State, 134 Tex.Cr.R. 346, 115 S.W.2d 660; 12 Tex.Jur. p. 796; Childress v. State, 134 Tex.Cr.R. 504, 116 S.W.2d 396; Mullins v. State, 140 Tex.Cr.R. 261, *980144 S.W.2d 565. Comparison of the pleadings in the present case with those considered in the cases referred to will disclose the defects.

For the errors discussed the judgment is reversed and the cause remanded.
<PAGE>
                                                                    Exhibit 10.8
                                                                    ------------

                            STOCK PURCHASE AGREEMENT


Stock Purchase Agreement ("the Agreement") dated as of October 13, 1998 by and
between ACT Manufacturing, Inc. a Massachusetts corporation (the "Purchaser")
and Advanced Component Technologies Limited, a corporation registered under the
laws of Ireland ("the Company").

NOW, THEREFORE, in consideration of the mutual covenants herein contained and
for other good and valuable consideration, the receipt and sufficiency of which
are hereby acknowledged by the parties hereto, the Purchaser and the Company,
intending to be legally bound hereby, agree as follows:

1.   The Purchaser hereby agrees to purchase and the Company hereby agrees to
     issue and allot to the Purchaser Six Million (6,000,000) ordinary shares,
     IR(pound)0.10 each, of the Seller ("the Shares").

2.   As full payment for the Shares, the Purchaser hereby surrenders its right
     to repayment of IR(pound)600,000 of the intercompany debt between the
     Purchaser and the Company.

3.   The Company agrees to issue the Shares to the Purchaser and register the
     Shares in the name of the Purchaser.

4.   Each of the parties hereto covenants and agrees upon the request of the
     other, to do, execute, acknowledge and deliver or cause to be done,
     executed, acknowledged and delivered all such further acts, deeds,
     documents, powers of attorney and assurances as may be reasonably necessary
     or desirable to give full effect to this Agreement.

5.   This Agreement shall inure to the benefit of and be binding upon the
     parties hereto and their respective successors and assigns.

6.   This Agreement shall be construed and interpreted according to the laws of
     the Commonwealth of Massachusetts without regard to its principles of
     conflicts of laws.

7.   This Agreement may be executed in any number of counterparts, each of which
     shall be deemed an original, but all of which together shall constitute one
     agreement.

IN WITNESS WHEREOF, this Agreement has been executed by the parties hereto as of
the day and year first above written.
<PAGE>
 
ACT MANUFACTURING, INC.



By: /s/ John A. Pino
   ----------------------
   Name:  John A. Pino
   Title: President and Chief Executive Officer





ADVANCED COMPONENT
TECHNOLOGIES LIMITED



By: /s/ Aubrey Nuzem 
   ----------------------
   Name:
   Title:
<PAGE>

                                                                    Exhibit 12.1

                            Communications Instruments, Inc.
                   Computation of Ratio of Earnings to Fixed Charges
                                 (Dollars In Thousands)
                                      (Unaudited)

<TABLE>
<CAPTION>
                                 -------------------------------------------------------------

                                     Year          Year         Year         Year         Year
                                    Ended         Ended        Ended        Ended        Ended
                                 12/31/95      12/31/96     12/31/97     12/31/98     12/31/99
                                 --------      --------     --------     --------     --------
<S>                              <C>           <C>          <C>          <C>          <C>
Earnings (Loss) Before Taxes
  and Minority Interest          $ (2,498)     $  2,782     $  6,938     $  5,355     $ (3,244)
                                 --------      --------     --------     --------     --------
Fixed Charges:
  Interest Charges                  2,172         3,139        5,243       11,835       16,863
  Amortization of Financing
     Costs                            137           252          401          724        1,085
  Environmental Interest             --             147          119          113          119
  Estimated Interest Factor
    of Rental Expense                  40           272          351          532          532
                                 --------      --------     --------     --------     --------

Total Fixed Charges                 2,349         3,810        6,114       13,204       18,599
                                 --------      --------     --------     --------     --------

Total Earnings Available for
  Fixed Charges                      (149)        6,592       13,052       18,559       15,355
                                 ========      ========     ========     ========     ========

Ratio of Earnings to Fixed
   Charges                            N/A          1.7x         2.1x         1.4x         0.8x

</TABLE>













                                     Page 1
MV Working Group 

Draft Agenda 

(exact schedule may vary, depending on 

rate of progress through agenda items) 

Sept. 15 

9:00 – Noon 

Introductions 

 Agenda 

 Ground rules for Committee (see Attachment) 

 Discussion of schedule and location of meetings 

Noon – 2:00 

Lunch Break 

2:00 - 5:00 

Overview of Navigant/LBL Analysis 

Identification of key issues and sub-issues, data needs and capabilities 

Sept. 16 

9:00 - Noon 

Identification of key issues, data needs and capabilities (cont’d) 

Discussion of order of discussion and schedule for decision on issues 

Noon – 2:00 

 Lunch Break 

2:00 – 3:30 

 Meeting wrap up 

3:30 Adjourn
<TABLE> <S> <C>

<ARTICLE> 5
<LEGEND>
THE FINANCIAL DATA SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED
FROM THE UNAUDITED CONSOLIDATED FINANCIAL STATEMENTS OF EQUALNET HOLDING CORP.
AS OF AND FOR THE THREE MONTHS ENDED SEPTEMBER 30, 1996 AND IS QUALIFIED IN ITS
ENTIRETY BY REFERENCE TO SUCH FINANCIAL STATEMENTS.
</LEGEND>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                          JUN-30-1997
<PERIOD-END>                               SEP-30-1996
<CASH>                                         304,685
<SECURITIES>                                         0
<RECEIVABLES>                               16,118,146
<ALLOWANCES>                                 3,869,231
<INVENTORY>                                          0
<CURRENT-ASSETS>                            16,600,882
<PP&E>                                       5,567,415
<DEPRECIATION>                               2,335,944
<TOTAL-ASSETS>                              31,408,743
<CURRENT-LIABILITIES>                       20,536,718
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                        60,237
<OTHER-SE>                                  10,787,788
<TOTAL-LIABILITY-AND-EQUITY>                31,408,743
<SALES>                                     13,314,899
<TOTAL-REVENUES>                            13,314,899
<CGS>                                       10,287,564
<TOTAL-COSTS>                               10,287,564
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                               671,344
<INTEREST-EXPENSE>                             270,277
<INCOME-PRETAX>                            (2,361,318)
<INCOME-TAX>                                 (802,845)
<INCOME-CONTINUING>                        (1,558,473)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                               (1,558,473)
<EPS-PRIMARY>                                   (0.26)
<EPS-DILUTED>                                   (0.26)

</TABLE>
<TABLE> <S> <C>


<ARTICLE>                     5
<LEGEND>
                            FOHP, INC. & SUBSIDIARIES
           (SUCCESSOR TO FIRST OPTION HEALTH PLAN OF NEW JERSEY, INC.)
                                   EXHIBIT 27
                             FINANCIAL DATA SCHEDULE

THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM FORM 10-Q
FOR THE QUARTER 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-END>                                   SEP-30-1997
<CASH>                                         27,804,585 
<SECURITIES>                                            0 
<RECEIVABLES>                                   2,601,200 
<ALLOWANCES>                                      186,179 
<INVENTORY>                                             0 
<CURRENT-ASSETS>                               41,208,077 
<PP&E>                                          4,493,756 
<DEPRECIATION>                                  2,120,954 
<TOTAL-ASSETS>                                 58,897,000 
<CURRENT-LIABILITIES>                          82,438,609 
<BONDS>                                        50,503,459 
<PREFERRED-MANDATORY>                                   0 
<PREFERRED>                                             0 
<COMMON>                                           22,550 
<OTHER-SE>                                    (74,067,618)
<TOTAL-LIABILITY-AND-EQUITY>                   58,897,000 
<SALES>                                                 0 
<TOTAL-REVENUES>                              279,170,974 
<CGS>                                                   0 
<TOTAL-COSTS>                                 283,387,139 
<OTHER-EXPENSES>                                        0 
<LOSS-PROVISION>                                        0 
<INTEREST-EXPENSE>                              1,315,592 
<INCOME-PRETAX>                               (49,877,982)
<INCOME-TAX>                                        2,139 
<INCOME-CONTINUING>                           (49,880,121)
<DISCONTINUED>                                          0 
<EXTRAORDINARY>                                         0 
<CHANGES>                                               0 
<NET-INCOME>                                  (49,880,121)
<EPS-PRIMARY>                                      (22.85)
<EPS-DILUTED>                                      (22.85)
                                               


</TABLE>
**Exhibit 31.2**

 

**CERTIFICATIONS**

 

I, John D.Atherly, certify that:

 

1.             I have reviewed this annual report on Form 10-K ofClick2learn, Inc.;

 

2.             Based on myknowledge, this report does not contain any untrue statement of a material factor omit to state a material fact necessary to make the statements made, inlight of the circumstances under which such statements were made, notmisleading with respect to the period covered by this report;

 

3.             Based on myknowledge, the financial statements, and other financial information includedin this annual report, fairly present in all material respects the financialcondition, results of operations and cash flows of the registrant as of, andfor, the periods presented in this annual report;

 

4.             The registrant’sother certifying officer(s) and I are responsible for establishing andmaintaining disclosure controls and procedures (as defined in Exchange ActRules 13a-15(e) and 15d-15(e)) for the registrant and have:

 

(a)           Designed such disclosure controls andprocedures, or caused such disclosure controls and procedures to be designedunder our supervision, to ensure that material information relating to theregistrant, including its consolidated subsidiaries, is made known to us byothers within those entities, particularly during the period in which thisreport is being prepared;

 

(b)           Evaluated theeffectiveness of the registrant’s disclosure controls and procedures andpresented in this report our conclusions about the effectiveness of thedisclosure controls and procedures as of the end of the period covered by thisreport based on such evaluation; and

 

(c)           Disclosed in thisreport any change in the registrant’s internal control over financial reportingthat occurred during the registrant’s most recent fiscal quarter (the registrant’sfourth fiscal quarter in the case of an annual report) that has materiallyaffected, or is reasonably likely to materially affect, the registrant’sinternal control over financial reporting;

 

5.             The registrant’s other certifying officer(s) and Ihave disclosed, based on our most recent evaluation of internal control overfinancial reporting, to the registrant’s auditors and the audit committee ofthe registrant’s board of directors (or persons performing the equivalentfunction):

 

(a)           All significant deficiencies and material weaknessesin the design or operation of internal control over financial reporting whichare reasonably likely to adversely affect the registrant’s ability to record,process, summarize and report financial information; and

 

(b)           Any fraud, whether ornot material, that involves management or other employees who have asignificant role in the registrant’s internal control over financial reporting.

 

 
| /s/ John D. Atherly      |   |
|--------------------------|--------|
| John D. Atherly          |
| Chief  Financial Officer |

 

----
Exhibit 31.2 CFO Certification
  1.
    
    I have reviewed this Form 10-QSB of Sutura, 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 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 small business issuer as of, and for, the periods presented in this
report;4.
    
    The small business issuers other certifying officer(s) 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 small business issuer and have:
    5.
    
    The small business issuers other certifying officer(s) and I have
disclosed, based on our most recent evaluation of internal control over
financial reporting, to the small business issuers auditors and the audit
committee of the small business issuers board of directors (or persons
performing the equivalent functions):
    /s/ Richard BjorkmanRichard BjorkmanChief Financial Officer
Exhibit 12(a)(2)  CERTIFICATION  I, Juan Antonio Quiroga García, certify that:  1.  I
have reviewed this annual report on Form 20-F of Gruma, S.A. de C.V.;  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 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 company as
of, and for, the periods presented in this report;  4.  The
companys other certifying officer 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 company and have:  a. 
designed such disclosure controls and procedures, or caused such
disclosure controls and procedures to be designed under our supervision, to
ensure that material information relating to the company, 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 companys disclosure controls and
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; and  c. 
disclosed in this report any change in the companys internal control
over financial reporting that occurred during the period covered by the annual
report that has materially affected, or is reasonably likely to materially
affect, the companys internal control over financial reporting; and  5.  The
companys other certifying officer and I have disclosed, based on our most
recent evaluation of internal control over financial reporting, to the companys
auditors and the audit committee of companys board of directors (or persons
performing the equivalent functions):  a.  all
significant deficiencies and material weaknesses in the design or operation of
internal controls over financial reporting which are reasonably likely to
adversely affect the companys ability to record, process, summarize and report
financial information; and  b.  any
fraud, whether or not material, that involves management or other employees who
have a significant role in the companys internal control over financial
reporting.   /s/ Juan
  Antonio Quiroga GarcíaName:
  Juan Antonio
  Quiroga GarcíaTitle:
  Chief Corporate Officer   Date: June 30,
2005  1
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