alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### Susan Shaw, Appellant, v. Des Moines City R. Co., Appellee.

TRIAL: Instructions — Failure to Except. A total failure to preserve exceptions to instructions precludes review on appeal.

*Appeal from Polk District Court.*— J. D. Wallingford, Judge.

November 15, 1921.

ACTION for personal injury. Verdict and judgment for the defendant. Plaintiff *appeals.*

Affirmed.

*E. A.*Lingenfelter, for appellant.

*W. II. McHenry,*for appellee.

Faville, J.

The only error relied upon for reversal is thus stated in appellant’s argument:

“The court erred in its instructions to the jury in giving Instruction No. 2, Instruction No. 11, and Instruction No. 12, in which instructions the plaintiff was required to prove her freedom from contributory negligence before she could recover. The error is made and repeated in the above numbered instructions, and upon these errors the plaintiff relies for a reversal.”

The record shows that verdict in said cause was returned *489on January 20, 1920, and tbat, on the 22d day of January, 1920, the court made an order, as follows:

“Plaintiff is hereby granted 10 days from January 22, 1920, within which to file motion for new trial.”

A motion for a new trial was filed on January 28, 1920. No exceptions to the instructions were taken at any time.

We have expressly held that the granting of an extension of time in which to file a motion for a new trial does not extend the time in which to take exceptions to the instructions given. The only error relied upon is in respect to the giving of instructions, and no exceptions to said instructions are preserved. Upon such a record, we cannot consider the sole error relied upon for reversal.

Our holding in the recent case of *Henry v. Henry,*190 Iowa 1257, is conclusive on this question.

The judgment of the lower court must be, and the same is,— *Affirmed.*

EvaNS, C. J., SteveNS and Arthur, JJ., concur.
##### 



EXHIBIT 32.2
 Written Statement of Chief Financial Officer Pursuant to Section 906 of the Sarbanes-Oxley Act
of 2002
  (a)
    
    the Form 10-K Report of the Company for the year
ended December 31, 2006 filed on the date hereof
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(b)
    
    information contained in the Report fairly
presents, in all material respects, the financial
condition and results of operations of the Company.
 /s/ John A. StoneJohn A. StoneChief Financial Officer
Production of [ ] and Production of

PMN Substances Sanitized
EXHIBIT 32

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

I, Jose Chavez, certify, pursuant to 18 U.S.C. Section 1350, as adopted pursuant
to Section 906 of the Sarbanes-Oxley Act of 2002, that to my knowledge, Tres
Estrellas Enterprises' Quarterly Report on Form 10-Q for the fiscal quarter
ended September 30, 2008 fully complies with the requirements of Section 13(a)
or 15(d) of the Securities Exchange Act of 1934 and that information contained
in such Quarterly Report on Form 10-Q fairly presents in all material respects
the financial condition and results of operations of Tres Estrellas Enterprises,
Inc.


Date: November 6, 2008                By:    /s/ Jose Chavez
                                             -----------------------------------
                                      Name:  Jose Chavez
                                      Title: Chief Executive & Financial Officer
CERTIFICATION PURSUANT TO 18


U.S.C. SECTION 1350, AS ADOPTED PURSUANT TO SECTION 906 OF THE


SARBANES-OXLEY ACT OF 2002







CERTIFICATION OF CUSTODIAN







In connection with the Annual Report of Family Healthcare Solutions, Inc. , a Nevada corporation (the "Company"), on 10-KSB for the year ended September 30, 2003 as filed with the Securities and Exchange Commission (the "Report"), I, Teodoro F. Franco L. , certify, pursuant to 906 of the Sarbanes-Oxley Act of 2002 (18 U.S.C. 1350), that to my knowledge:







(1) The Report fully complies with the requirements of section 13(a) or 15(d) of the Securities Exchange Act of 1934; and







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







Dated: November 30, 2003







|/s/Teodoro F. Franco L                    
|------------------------------------------
|Teodoro F. Franco L.
Sole Officer/Director
Exhibit 32.1

MF Global Ltd.

Certification of the Chief Executive Officer

As Adopted Pursuant to Section 906 of the Sarbanes-Oxley Act of 2002

In connection with the Quarterly Report of MF Global Ltd. (together with its subsidiaries, the Company) on Form 10-Q for the period ended September 30, 2007 as filed with the Securities and Exchange
Commission on the date hereof (the Report), I, Kevin R. Davis, Chief Executive 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.
| | -- | ----------------------------------------------------------------------------------------------------------------------------------------------------



Date: November 13, 2007/S/    KEVIN R. DAVISKevin R. DavisChief Executive Officer


A signed original of this written statement required by Section 906 has been provided to the Company
and will be retained by the Company and furnished to the Securities and Exchange Commission or its staff upon request.
Exhibit 10.1


 


AMENDMENT NO. 1


TO


INVENTERGY GLOBAL, INC.


2014 STOCK PLAN


 








This Amendment No. 1 to Inventergy Global,
Inc. 2014 Stock Plan, as amended (the Inventergy Global, Inc. 2014 Stock Plan, the “Plan” and this Amendment No. 1,
the “Amendment”), is made effective as of August 13, 2014 by Inventergy Global, Inc. (the “Company”).







 


WITNESSETH:


 


WHEREAS, in
connection with that certain merger (the “Merger”) of Inventergy, Inc. with and into Inventergy Merger Sub, Inc., a
wholly owned subsidiary of the Company, the stockholders of the Company approved the adoption and assumption of the Plan as the
equity incentive plan of the Company;


 


WHEREAS, upon
the consummation of the Merger, the Plan was renamed the “Inventergy Global, Inc. 2014 Stock Plan”;


 


WHEREAS,
the Board of Directors of the Company (the “Board”) deems it advisable and in the best interest of the Corporation
to amend the Plan pursuant to this Amendment No. 1 to clarify the definition of “Fair Market Value” in the Plan to
reflect the fact that the Corporation’s common stock is listed on the Nasdaq Capital Market; and


 


WHEREAS, the
Board has determined that such clarification is an immaterial amendment to the Plan that does not require shareholder approval
pursuant to Section 10(d) of the Plan.


 


NOW, THEREFORE,
the Plan is amended as follows:


 


Section 11(l) of the Plan is
hereby amended to read in its entirety as follows:


 


“(l)“Fair Market Value”
means, unless otherwise provided by the Board of Directors or the Committee in accordance with all applicable laws, rules regulations
and standards, the closing price of publicly traded shares of Stock on the principal securities exchange on which shares of the
Stock are listed (if the shares of Stock are so listed), or on a national securities exchange (if such shares of Stock are regularly
quoted on such national securities exchange), or, if not so listed or regularly quoted, the mean between the closing bid and asked
prices of publicly traded shares of Stock in the over-the-counter market, or, if such bid and asked prices shall not be available,
as reported by any nationally recognized quotation service selected by the Company, or as determined by the Committee in a manner
consistent with the provisions of the Code. Anything in this Section 5(a) to the contrary notwithstanding, in no event shall the
purchase price of a share of Stock be less than the minimum price permitted under the rules and policies of any national securities
exchange on which the shares of Stock are listed.”


 


All other terms and
provisions of the Plan shall remain unchanged and in full force and effect as written.


 




    	 



    	 



    

 





IN WITNESS WHEREOF, this Amendment No.
1 to the Plan is made effective this 13th day of August, 2014.







 
















	 	INVENTERGY GLOBAL, INC.
	 	 	 
	 	By: 	/s/ Joseph W. Beyers
	 	Name: 	Joseph W. Beyers
	 	Title: 	Chief Executive Officer
EX-10.1



 Exhibit 10.1 
 FIRST AMENDMENT TO 
 COMMERCIAL OUTSOURCING SERVICES AGREEMENT

 This First Amendment to the Commercial Outsourcing Services Agreement (this “Amendment”) is between Corcept
Therapeutics, Inc. (the “Company”) and Integrated Commercialization Solutions, Inc. (“ICS”). This Amendment is effective as of April 14, 2014 (the “Amendment Effective Date”). 

RECITALS 
  

	A.	The Company and ICS are parties to a Commercial Outsourcing Services Agreement dated April 14, 2011 (the “Agreement”); 


 

	B.	Pursuant to the Agreement, among other things, the Company engaged ICS to perform commercialization services for certain pharmaceutical products; and


  

	C.	The parties now wish to amend the Agreement in certain respects. 

 AMENDMENT 
 NOW THEREFORE, the parties agree as follows: 

 

	1.	Defined Terms. Capitalized terms in this Amendment that are not defined in this Amendment have the meanings given to them in the Agreement. If there is any
conflict between the Agreement and any provision of this Amendment, this Amendment will control. 

  

	2.	Term. Section 4.1 of the Agreement is deleted in its entirety and replaced with the following: 


Term. This Agreement will be effective as of the Effective Date and will continue until June 14, 2014 (the “Term”),
unless sooner terminated in accordance with the terms of this Agreement. The Term may be extended upon written mutual agreement of the parties. 
  

	3.	No Other Changes. Except as otherwise provided in this Amendment, the terms and conditions of the Agreement will continue in full force.


 IN WITNESS WHEREOF, the parties have executed this Amendment as of the Amendment Effective Date. 

 

							
	Integrated Commercialization Solutions, Inc.	 	Corcept Therapeutics, Inc.
				
	By:	 	 /s/ Stephen W. McKinnon         Date: 4/14/14
	 	  By:	 	 /s/ Steven Lo
                    Date: 4/14/14

				
	Name:	 	 Stephen W. McKinnon
	 	  Name:	 	 Steven Lo

				
	Title:	 	 President & GM
	 	  Title:	 	 Sr. Vice President & Chief Commercial Officer
# L_2011163EN.01001801.xml

| 23.6.2011 | EN | Official Journal of the European Union | L 163/18 |
| --- | --- | --- | --- |

23.6.2011

EN

Official Journal of the European Union

L 163/18

---

COMMISSION IMPLEMENTING REGULATION (EU) No 607/2011

of 22 June 2011

establishing the standard import values for determining the entry price of certain fruit and vegetables

THE EUROPEAN COMMISSION,

Having regard to the Treaty on the Functioning of the European Union,

Having regard to Council Regulation (EC) No 1234/2007 of 22 October 2007 establishing a common organisation of agricultural markets and on specific provisions for certain agricultural products (Single CMO Regulation) (1) ,

Having regard to Commission Implementing Regulation (EU) No 543/2011 of 7 June 2011 laying down detailed rules for the application of Council Regulation (EC) No 1234/2007 in respect of the fruit and vegetables and processed fruit and vegetables sectors (2) , and in particular Article 136(1) thereof,

Whereas:

Implementing Regulation (EU) No 543/2011 lays down, pursuant to the outcome of the Uruguay Round multilateral trade negotiations, the criteria whereby the Commission fixes the standard values for imports from third countries, in respect of the products and periods stipulated in Annex XVI, Part A thereto,

HAS ADOPTED THIS REGULATION:

Article 1

The standard import values referred to in Article 136 of Implementing Regulation (EU) No 543/2011 are fixed in the Annex hereto.

Article 2

This Regulation shall enter into force on 23 June 2011.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 22 June 2011.

For the Commission, On behalf of the President,

José Manuel SILVA RODRÍGUEZ

Director-General for Agriculture and Rural Development

---

(1)  
  OJ L 299, 16.11.2007, p. 1.

1

(2)  
  OJ L 157, 15.6.2011, p. 1

2

---

ANNEX

Standard import values for determining the entry price of certain fruit and vegetables

| (EUR/100 kg) |
| --- |
| CN code | Third country code (1) | Standard import value |
| 0702 00 00 | MA | 57,8 |
| MK | 54,8 |
| TR | 55,0 |
| ZZ | 55,9 |
| 0707 00 05 | TR | 95,0 |
| ZZ | 95,0 |
| 0709 90 70 | TR | 117,7 |
| ZZ | 117,7 |
| 0805 50 10 | AR | 75,4 |
| BR | 40,6 |
| TR | 65,0 |
| UY | 65,6 |
| ZA | 85,9 |
| ZZ | 66,5 |
| 0808 10 80 | AR | 123,2 |
| BR | 76,1 |
| CL | 90,5 |
| CN | 95,4 |
| NZ | 142,3 |
| UY | 58,7 |
| ZA | 93,4 |
| ZZ | 97,1 |
| 0809 10 00 | TR | 283,9 |
| ZZ | 283,9 |
| 0809 20 95 | TR | 366,8 |
| XS | 382,4 |
| ZZ | 374,6 |

(EUR/100 kg)

CN code

Third country code (1)

Standard import value

0702 00 00

MA

57,8

MK

54,8

TR

55,0

ZZ

55,9

0707 00 05

TR

95,0

ZZ

95,0

0709 90 70

TR

117,7

ZZ

117,7

0805 50 10

AR

75,4

BR

40,6

TR

65,0

UY

65,6

ZA

85,9

ZZ

66,5

0808 10 80

AR

123,2

BR

76,1

CL

90,5

CN

95,4

NZ

142,3

UY

58,7

ZA

93,4

ZZ

97,1

0809 10 00

TR

283,9

ZZ

283,9

0809 20 95

TR

366,8

XS

382,4

ZZ

374,6

---

(1)  Nomenclature of countries laid down by Commission Regulation (EC) No 1833/2006 (OJ L 354, 14.12.2006, p. 19). Code ‘
  ZZ
  ’ stands for ‘of other origin’.

---
Exhibit 32.1

CERTIFICATION PURSUANT TO 
18 U.S.C. Section 1350, 
AS ADOPTED PURSUANT TOSECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

In connection with the Quarterly Report of Ridgestone Resources, Inc. (the "Company") on Form 10-QSB for the period ended November 30, 2007 as filed with the Securities and Exchange Commission on the date here of (the "report"), I, Pardeep Sarai , Chief Executive Officer and Chief Financial Officer of the Company, certify, pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that:

| | (1) | The 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 this Report fairly presents, in all material respects, the financial condition and results of operations of the Company.
| |    

Dated this 7th day of January, 2008.

PARDEEP SARAI
Pardeep Sarai 
Chief Executive Officer and Chief Financial Officer



















---
Exhibit
32.2






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 TC Power Management Corp. (the
"Company") on Form 10-Q for the quarter ended November 30, 2008 as filed with
the Securities and Exchange Commission on the date here of (the "report"), I,
Nigel Johnson, Chief Financial Officer, Principal Accounting Officer, Secretary,
and Treasurer, 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 this Report fairly presents, in all material
      respects, the financial condition and results of operations of the
      Company.




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






Dated
this 14th day of January, 2009.




/s/ Nigel Johnson


Nigel
Johnson


Chief
Financial Officer, Principal


Accounting
Officer, Secretary, and Treasurer








11
IN THE

TENTH COURT OF APPEALS

No. 10-22-00156-CV

JENNIFER STEWART, STEVEN

STEWART, DONALD STEWART,

AND KATHY STEWART, D/B/A

ROYAL HORSE FARMS,

Appellants

v.

SHARON LEE,

Appellee

From the 13th District Court

Navarro County, Texas

Trial Court No. D20-29111-CV

MEMORANDUM OPINION

By Order dated August 25, 2022, we directed appellants to pay or make 

arrangements to pay the clerk’s fee for preparation of the record within twenty-one 

days. Appellants were notified that failure to do so would result in dismissal of this 

appeal for want of prosecution. 

Texas Rule of Appellate Procedure 37.3(b) provides that if an appellant fails to 

pay or make arrangements to pay the clerk’s fee for preparation of the record, the Court 
Stewart v. Lee Page 2

may “dismiss the appeal for want of prosecution unless the appellant was entitled to 

proceed without payment of costs. The court must give the appellant a reasonable 

opportunity to cure before dismissal.” TEX. R. APP. P. 37.3(b). To date, the record does 

not reflect that appellants have paid or made arrangements to pay for the clerk’s record 

or that appellants are entitled to proceed without payment of costs. Therefore, 

pursuant to Rule 37.3(b), we hereby dismiss this appeal for want of prosecution. Id.

Appellants’ pro se Motion for Voluntary Dismissal with Leave to Refile is 

dismissed.

MATT JOHNSON

Justice

Before Chief Justice Gray,

Justice Johnson, and

Justice Smith

Appeal dismissed

Opinion delivered and filed November 2, 2022

[CV06]
##### 



EXHIBIT 32.1
 Written Statement of Chief Executive Officer Pursuant to Section 906 of the  Sarbanes-Oxley Act of 2002
  (a)
    
    the Form 10-K Report of the Company for
the year ended December 31, 2007 filed on
the date hereof 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(b)
    
    information contained in the Report
fairly presents, in all material
respects, the financial condition and
results of operations of the Company.
 /s/ johann dreyerJohann DreyerChief Executive Officer
TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

NO. 03-03-00583-CV

Robert Needham and Deborah Needham, Appellants

v.

Leonard Schwartz, Individually and as Trustee for 2828 Lost Oak Cove 

Land Trust, Appellees

FROM THE DISTRICT COURT OF WILLIAMSON COUNTY, 26TH JUDICIAL DISTRICT

NO. 01-150-C26, HONORABLE DONALD HUMBLE, JUDGE PRESIDING 

M E M O R A N D U M O P I N I O N

The judgment in this case was signed on June 17, 2003, and a motion for new 

trial was filed on July 15 and a notice of appeal was filed September 16. Since that time, 

appellants Robert Needham and Deborah Needham have failed to pay any of the requisite 

filing fees, request the preparation of or make arrangements to pay for a clerk=s record or a 

reporter=s record. No docketing statement was filed. On December 3, 2003, this Court 

notified appellants in writing that the clerk=s and reporter=s records were overdue and that if 

they were not each filed by December 15 the Court would take action to dispose of the appeal. 

See Tex. R. App. P. 37.3(a)(1). Neither the clerk=s nor reporter=s record have been filed since 

that time, and appellants have not otherwise responded to the Court. No brief was filed on 
appellants= behalf.

Accordingly, this appeal is hereby dismissed for want of prosecution pursuant to 

Texas Rules of Appellate Procedure 37.3(a)(1),(b), 38.8(a)(1), 42.3(b) and (c).

 

Jan P. Patterson, Justice

Before Chief Justice Law, Justices B. A. Smith, and Patterson

Dismissed for Want of Prosecution

Filed: January 23, 2004
Exhibit 32.2
 
 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 Venture Lending & Leasing VII, Inc. (the "Fund") on Form 10-K for the year ending December 31, 2019 as filed with the Securities and Exchange Commission on the date hereof (the "Report"), I, Judy N. Bornstein, Chief Financial Officer of the Fund, 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 result of operations of the Fund.
 
 /S/ Judy N. Bornstein
 Judy N. Bornstein
 Chief Financial Officer
 (Principal Financial Officer)
 March 16, 2020
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 Alliance Laundry Systems LLC, Alliance Laundry Corporation and Alliance Laundry
Holdings LLC (the Companies) on Form 10-K for the year ended December 31, 2007 as filed with the Securities and Exchange Commission on the date hereof (the Report), I, Thomas F. LEsperance, Chief
Executive Officer of the Companies, 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 my knowledge:



| | (1) | The Report fully complies with the requirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934; and
| | --- | ---------------------------------------------------------------------------------------------------------------------



| | (2) | The information contained in the Report fairly presents, in all material respects, the financial condition and result of operations of the Companies.
| | --- | -----------------------------------------------------------------------------------------------------------------------------------------------------



|                         
|-------------------------
|/s/ Thomas F. LEsperance
|Chief Executive Officer  
|March 11, 2008           

This certification accompanies the Report pursuant to §906 of the Sarbanes-Oxley Act of 2002 and shall not,
except to the extent required by the Sarbanes-Oxley Act of 2002, be deemed filed by the Companies for purposes of §18 of the Securities Exchange Act of 1934, as amended.