alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
<PAGE>
                                                                    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 K-Tron International, Inc. (the
"Company ") on Form 10-K for the period ended January 3, 2004 as filed with the
Securities and Exchange Commission on the date hereof (the "Report"), I, Edward
B. Cloues, II, Chairman of the Board of Directors and Chief Executive Officer of
the Company, and I, Ronald R. Remick, Senior Vice President, Chief Financial
Officer and Treasurer of the Company, each 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:

         (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.

<TABLE>
<S>                                             <C>
RONALD R. REMICK                                EDWARD B. CLOUES, II
----------------                                --------------------
Ronald R. Remick                                Edward B. Cloues, II
Senior Vice President, Chief Financial Officer  Chairman and Chief Executive Officer
  and Treasurer
Date:  March 31, 2004                           Date:  March 31, 2004
</TABLE>
Exhibit 10.1






EXHIBIT 10.1




AGREEMENT AMENDING JULY 2007 SECURED 

PROMISSORY NOTE AND CANCELLING CONTINGENT SECURED PROMISSORY NOTE




This Agreement is entered into effective as of September 29, 2010 (the “Amendment and
Cancellation”) by and among IRVINE SENSORS CORPORATION, a Delaware corporation (hereinafter
called “Company”), and LONGVIEW FUND L.P. (“Holder”). The Company and Holder are entering into
this Amendment and Cancellation to (i) amend certain provisions of that certain Secured
Promissory Note issued July 19, 2007 (the “Secured Note”) by the Company pursuant to a Loan
Agreement dated as of July 19, 2007 (the “Loan Agreement”) and (ii) cancel that certain
Contingent Secured Promissory Note (Buyout) issued November 28, 2007 (the “Contingent Note”) by
the Company.



NOW THEREFORE, in consideration of the mutual covenants and other agreements contained in
this Amendment and Cancellation and other good and valuable consideration, including the receipt
by the Holder of $10,000 from the Company, the receipt of which is hereby acknowledged, the
Company and the Holder hereby agree as follows:



1. The Principal Amount and interest due on the Secured Note shall be due and payable on
the earlier of (i) December 31, 2010 and (ii) the date on which the Company has raised gross
proceeds in the aggregate of $1,500,000 or more from one or more closings of equity and debt
financings after the date hereof, subject to acceleration as described in the Secured Note, Loan
Agreement and other agreements made in connection therewith.



2. Except as expressly amended hereby, the Secured Note, Loan Agreement and all other
agreements made in connection therewith and all terms thereof shall remain in full force and
effect.



3. The Holder hereby waives any and all rights it may have under the Contingent Note, and
the Contingent Note shall hereby be deemed cancelled, null and void ab initio.



4. This Amendment and Cancellation may be executed in two or more counterparts, all of
which when taken together shall be considered one and the same agreement and shall become
effective when counterparts have been signed by each party and delivered to any other party, it
being understood that all parties need not sign the same counterpart. In the event that any
signature is delivered by facsimile or electronic transmission, such signature shall create a
valid and binding obligation of the party executing (or on whose behalf such signature is
executed) same with the same force and effect as if such signature were an original thereof.



IN WITNESS WHEREOF, Company and Holder hereby execute this Amendment and Cancellation as of
the date first written above.



	 	 	 	 	 
	 	IRVINE SENSOR CORPORATION (“Company”)

 	 
	 	By:  	/s/ John J. Stuart, Jr.
 	 
	 	 	Name:  	John J. Stuart, Jr. 	 
	 	 	Title:  	Sr. VP & CFO 	 
	 
	 	LONGVIEW FUND, L.P. (“Holder”)

 	 
	 	By:  	/s/ S. Michael Rudolph
 	 
	 	 	Name:  	S. Michael Rudolph 	 
	 	 	Title:  	CFO Viking Asset Management LLC as Investment Advisor
EXHIBIT  32.1
                            CERTIFICATION PURSUANT TO
                    RULE 13a-14(b) AND 18 U.S.C. SECTION 1350

In  connection  with  the  Quarterly Report of Fantatech Inc. (the "Company") on
Form  10-QSB  for the quarter ended March 31, 2004, as filed with the Securities
and  Exchange  Commission  on the date hereof (the "Report"), I, Guangwei Liang,
Chief  Executive Officer of the Company, certify, pursuant to Rule 13a-14(b) and
18  U.S.C.  Sec.  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:  May 28, 2004

/s/  Guangwei Liang, Chief Executive Officer
------------------------------------------------------
Principal Executive Officer


<PAGE>
D1236 

Friday, October 3, 2008 

Daily Digest 

Senate 

Chamber Action 

The Senate was not in session today. It will next 

meet at 3 p.m. on Monday, October 6, 2008. 

Committee Meetings 

(Committees not listed did not meet) 

EMPLOYMENT 

Joint Economic Committee: Committee concluded hearings to examine the employment-unemployment situation for September 2008, after receiving testimony 

from Keith Hall, Commissioner, Bureau of Labor 

h 

Statistics, Department of Labor. 

House of Representatives 

Chamber Action 

Public Bills and Resolutions Introduced: 18 public bills, H.R. 7252–7270; 11 private bill, H.R. 

7271; and 2 resolutions, H. Res. 1527–1528 were 

introduced. Pages H10827–28 

Additional Cosponsors: Page H10828 

Reports Filed: Reports were filed today as follows: 

H.R. 1071, to provide the nonimmigrant spouses 

and children of nonimmigrant aliens who perished in 

the September 11 terrorist attacks an opportunity to 

adjust their status to that of an alien lawfully admitted for permanent residence, with an amendment (H. 

Rept. 110–909); 

H.R. 6870, to ensure that implementation of proposed regulations under subchapter IV of chapter 53 

of title 31, United States Code, does not cause harm 

to the payments system, with an amendment (H. 

Rept. 110–910); 

H.R. 6034, to amend the Immigration and Nationality Act to provide for relief to surviving 

spouses and children, with an amendment (H. Rept. 

110–911); 

H.R. 6020, to amend the Immigration and Nationality Act to protect the well-being of soldiers 

and their families (H. Rept. 110–912); 

H.R. 5546, to amend the antitrust laws to ensure 

competitive market-based rates and terms for merchants access to electronic payment systems, with an 

amendment (H. Rept. 110–913); and 

Report on Challenges and Recommendations for 

United States Overhead Architecture (H. Rept. 

110–914). Page H10827 

Extending the Andean Trade Preference Act: 

The House agreed by unanimous consent to the Senate amendment to H.R. 7222, to extend the Andean 

Trade Preference Act. Pages H10710–12 

Emergency Economic Stabilization Act of 2008: 

The House agreed to the Senate amendments to 

H.R. 1424, to amend section 712 of the Employee 

Retirement Income Security Act of 1974, section 

2705 of the Public Health Service Act, section 9812 

of the Internal Revenue Code of 1986 to require equity in the provision of mental health and substancerelated disorder benefits under group health plans, 

and to prohibit discrimination on the basis of genetic information with respect to health insurance 

and employment, by a yea-and-nay vote of 263 yeas 

to 171 nays, Roll No. 681. 

 Pages H10702–10, H10712–H10806 

H. Res. 1525, the rule providing for consideration 

of the Senate amendments, was agreed to by a yeaand-nay vote of 223 yeas to 205 nays, Roll No. 680, 

after agreeing to order the previous question by a 

yea-and-nay vote of 235 yeas to 190 nays, Roll No. 

679. Pages H10709–10 


smartinez on PROD1PC64 with DIGEST
<PAGE>   1




                                                                      EXHIBIT 11

                            MITCHAM INDUSTRIES, INC.
                      STATEMENT RE COMPUTATION OF EARNINGS
                                    PER SHARE
                 (IN THOUSANDS EXCEPT SHARE AND PER SHARE DATA)

<TABLE>
<CAPTION>

                                                          THREE MONTHS ENDED                  SIX MONTHS ENDED
                                                               JULY 31,                           JULY 31,
                                                   -------------------------------    ------------------------------
                                                         1999            1998               1999          1998
                                                   --------------- ---------------    --------------- --------------
<S>                                                <C>             <C>                <C>             <C>
COMPUTATION OF BASIC EARNINGS
  PER COMMON SHARE:

Net income (loss)                                     $   (2,092)     $       852        $   (3,334)    $    2,532
                                                      ----------      -----------        ----------     ----------

Weighted average number of common
     shares outstanding                                9,551,000        9,508,000         9,550,000      9,471,000

Earnings per common share                             $    (0.22)     $      0.09        $    (0.35)    $     0.27
                                                      ==========      ===========        ==========     ==========



COMPUTATION OF EARNINGS PER COMMON SHARE
  ASSUMING DILUTION:

Net income (loss)                                     $   (2,092)     $       852        $   (3,334)    $    2,532
                                                      ----------      -----------        ----------     ----------

Weighted average number of common shares               9,551,000        9,508,000         9,550,000      9,471,000
outstanding

Net effect of dilutive stock options and warrants
   based on the treasury stock method, using
   the average market price                                   --          195,000                --        256,000
                                                      ----------      -----------        ----------     ----------

Common shares outstanding assuming dilution            9,551,000        9,703,000         9,550,000      9,727,000
                                                      ==========      ===========        ==========     ==========
Earnings per common share assuming dilution           $    (0.22)     $      0.09        $    (0.35)    $     0.26
                                                      ==========      ===========        ==========     ==========
</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 Quarterly Report of Arkona,  Inc. (the "Company") on Form
10-QSB  for the  quarterly  period  ended  December  31,  2006 as filed with the
Securities and Exchange  Commission on the date hereof (the  "Report"),  I, Alan
Rudd, Chief Executive  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 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 results of operations
            of the Company.


/s/ Alan Rudd
----------------------------
Chief Executive Officer
February 14, 2007
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
  (1)
    
    the Annual Report on Form 10-K of the Company for the fiscal year ended June
30, 2008, as 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 (15 U.S.C. 78m or 78o(d)); 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:  August 28, 2008
    /s/ Kevin KyserKevin Kyser,Executive Vice President and Chief Financial Officer
 of Affiliated Computer Services, Inc.
<PAGE>

                                                                   EXHIBIT 10.26

                                February 4, 2005

W. Thomas Parrington
3286 Northside Parkway
Apartment 801
Atlanta, GA  30327

      RE: 2004 ANNUAL PERFORMANCE BONUS

Dear Mr. Parrington:

      This letter will confirm that you have agreed, subject to the contingency
set forth herein, to waive your entitlement to any Annual Performance Bonus for
2004 as provided for in the Employment Agreement ("the Agreement") between you
and Lodgian, Inc. dated December 18, 2003. This waiver is contingent upon the
Board's authorization and payment of 2004 performance bonuses to certain other
executives of the company on or before March 15, 2005 in amounts as agreed upon
between you and the Board.

      By signing below, you acknowledge that you are voluntarily agreeing to
forgo payment of the 2004 Annual Performance Bonus as defined in Section 4(d) of
the Agreement and that you otherwise would be entitled to payment of such bonus.

      Nothing herein shall change any other term of the Agreement between you
and Lodgian, Inc., including, but not limited to, your entitlement to payment of
the signing bonus as described in Section 4(c) of the Agreement and your future
entitlement to any earned Annual Performance Bonus pursuant to Section 4(d) of
the Agreement.

      Please sign below indicating your agreement with the foregoing.

                                Sincerely,

                                /s/ Daniel E. Ellis

                                Daniel E. Ellis
                                Senior Vice President and General Counsel

<PAGE>

LETTER TO MR. PARRINGTON
FEBRUARY 4, 2005
PAGE 2 OF 2

Agreed to and Accepted:

/s/ W. Thomas Parrington
-------------------------------
W. Thomas Parrington
President and Chief Executive Officer
Lodgian, Inc.

DEE/pew
Exhibit
32.1





CERTIFICATIONS PURSUANT TO


SECTION
906 OF THE SARBANES-OXLEY ACT OF 2002


(18
U.S.C. SECTION 1350)





In
connection with the Annual Report of Able Energy Inc. (the "Company"), on Form
10-K for the year ended June 30, 2008, as filed with the Securities and Exchange
Commission (the "Report"), Gregory D. Frost, Chairman & Chief Executive
Officer of the Company, does hereby certify, pursuant to ss. 906 of the
Sarbanes-Oxley Act of 2002 (18 U.S.C. ss. 1350), that to his
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 Company.





November
17,
2008






/s/
      Gregory D. FrostGregory D.
      FrostChairman & Chief
      Executive Officer






[A signed
original of this written statement required by Section 906 has been provided to
Able Energy Inc. and will be retained by Able Energy Inc. and furnished to the
Securities and Exchange Commission or its staff upon request.]
Exhibit 10.10

AMENDMENT NUMBER 1

TO THE

AMSOUTH BANCORPORATION

SUPPLEMENTAL THRIFT PLAN

Amended and Restated as of January 1, 2004

AmSouth Bancorporation hereby amends the AmSouth Bancorporation Supplemental Thrift Plan (the Plan), effective January 1, 2006, as follows:



| | 1. | By adding to the end of Section 3.1(b) the following:
| | -- | -----------------------------------------------------

Notwithstanding the foregoing, any Employee hired on or after January 1, 2006 shall be eligible to participate hereunder as of the first day of the month coinciding with or next following the later of the Employees completion of
one Year of Service and the date the Employees Base Salary equals or exceeds $175,000.



| | 2. | All of the other terms, provisions and conditions of the Plan not herein amended shall remain in full force and effect.
| | -- | -----------------------------------------------------------------------------------------------------------------------

IN WITNESS WHEREOF, AmSouth Bancorporation has caused this Amendment Number 1 to be executed this 23rd day of December, 2005, by its duly authorized
officers effective as herein stated.



|        |  |                     |  |                         |  |                    |  |                                                
|------- |  | ------------------- |  | ----------------------- |  | ------------------ |  | -----------------------------------------------
|        |  |                     |  | AMSOUTH  BANCORPORATION
|        |  |                     | 
|ATTEST: |  |                     |  | By:                     |  | /s/ C. Dowd Ritter
|By:     |  | /s/ Carl L.
Gorday  |  |                         |  |                    |  | Chairman, President and Chief Executive Officer
|        |  | Assistant Secretary |  |                         |  |                    |  |
UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT
No. 96-1629
ROBERT L. MANGUS, Petitioner, versus ELKAY MINING COMPANY; DIRECTOR, OFFICE OF WORKERS' COMPENSATION PROGRAMS, UNITED STATES DEPARTMENT OF LABOR, Respondents.

On Petition for Review of an Order of the Benefits Review Board. (95-2266-BLA, 92-620-BLA) Submitted: October 15, 1996 Decided: October 30, 1996 Before ERVIN, NIEMEYER, and MOTZ, Circuit Judges. Affirmed by unpublished per curiam opinion. Robert L. Mangus, Petitioner Pro Se. Douglas Allan Smoot, JACKSON & KELLY, Charleston, West Virginia; Christian P. Barber, Jill M. Otte, UNITED STATES DEPARTMENT OF LABOR, Was hington, D.C., for Respondent. Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c).2 PER CURIAM: Appellant seeks review of the Benefits Review Board's decision and order affirming the administrative law judge's denial of black lung benefits pursuant to 30 U.S.C.A. §§ 901-945 (West 1986 & Supp. 1996). Our review of the record discloses that the Board's decision is based upon substantial evidence and is without reversible error. Accordingly, we affirm on the reasoning of the Board. Mangus v. Elkay Mining Co. , Nos. 95-2266-BLA; 92-620-BLA (B.R.B. Mar. 28, 1996). 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
----

| 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 as of the dates and for the periods explained in the Report. |
|---|-----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|

|   | /s/  Adrian Sarbu           | /s/  David Sach     |
|--------|---------------------------------------|-------------------------------|
|   | Adrian Sarbu                          | David Sach                    |
|   | President and Chief Executive Officer | Chief Financial Officer       |
|   | (Principal Executive Officer)         | (Principal Financial Officer) |
|   | May 5, 2010                           | May 5, 2010                   |

----
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Una mente sana ayuda a mantener un lugar de trabajo seguro. 

Del 7 al 13 de agosto, 2023

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```

[Congressional Record Volume 154, Number 165 (Tuesday, October 14, 2008)]
[Senate]
[Page S10515]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

                                 Senate

Tuesday, October 14, 2008

(Legislative day of Wednesday, September 17, 2008)

  The Senate met at 12:29 and 51 seconds p.m., on the expiration of the 
recess, and was called to order by the Honorable Mary L. Landrieu, a 
Senator from the State of Louisiana.

                          ____________________
```