alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
<PAGE>   1
                                                                      Exhibit 12


                      ADVANCED LIGHTING TECHNOLOGIES, INC.
  EXHIBIT 12 -- STATEMENT RE: COMPUTATION OF RATIO OF EARNINGS TO FIXED CHARGES
                                 (In thousands)

<TABLE>
<CAPTION>
                                        THREE MONTHS ENDED          SIX MONTHS ENDED
                                            DECEMBER 31,               DECEMBER 31,
                                       ---------------------      ----------------------
                                         1999         1998           1999        1998
                                       --------     --------      --------     --------
<S>                                    <C>          <C>           <C>          <C>
Consolidated pretax income
    from continuing operations         $  1,101     $(35,165)     $    537     $(36,010)
Interest expense                          3,323        3,440         7,113        6,181
Interest portion of rent expense            145          167           280          303
                                       --------     --------      --------     --------

     EARNINGS                          $  4,569     $(31,558)     $  7,930     $(29,526)
                                       ========     ========      ========     ========


Interest expense                       $  3,323     $  3,440      $  7,113     $  6,181
Interest capitalized                        180          249           196          458
Interest portion of rent expense            145          167           280          303
Preferred shares accretion                  603         --             603         --
                                       --------     --------      --------     --------

     FIXED CHARGES                     $  4,251     $  3,856      $  8,192     $  6,942
                                       ========     ========      ========     ========


RATIO OF EARNINGS TO FIXED CHARGES          1.1         --            --           --
                                       ========     ========      ========     ========
</TABLE>

For purposes of calculating the unaudited ratio of earnings to fixed charges,
earnings consist of income (loss) from continuing operations before provision
for income taxes plus fixed charges. Fixed charges consist of interest charges
and amortization of debt issuance costs, whether expensed or capitalized, that
portion of rental expense that is representative of interest, and preferred
shares accretion. In the six months ended December 31, 1999, earnings were
inadequate to cover fixed charge requirements by $262. In the three months ended
December 31, 1998, earnings were inadequate to cover fixed charge requirements
by $35,414. In the six months ended December 31, 1998, earnings were inadequate
to cover fixed charge requirements by $36,468.
csm_ex10-1.htm


Supplemental Agreement


 












Lessor(Party A):                                          Penglai City Gold Mining Holding Co. Ltd.


Legal Representative:                                            Zhang Fuan________________________


Address / Zip code:                                               No.53 Dengzhou Road, Penglai / 265600        







Lessee(Party B):                                          Penglai XinGuan Investment Ltd.__  _        


Legal Representative:                                            Yang Jianxi                                                          


Address / Zip Code:                                              Wenshitang Village East, Cunliji Town, Penglai / 264000













	
1)  

	
This is a supplemental agreement to the Operating Lease Agreement dated May 4, 2009 made between Party A and Party B regarding the leasing of all assets of the Cunliji gold mine (“the Lease Property”) to Party B. Both parties understood that the title transfer of the mining license of the Lease Property (Gold-State Approval (2008) No.17) to Party B is still in progress.













	
2)  

	
Both parties have mutually agreed on the followings regarding the leasing of all assets of the Lease Property to Party B under the principle of fairness and willingness:












2.1    To extend the lease term of the Lease Property from January 3, 2011 to July 3, 2011.








	
3)  

	
Matters not covered in this agreement shall be negotiated in a supplemental agreement which shall have the same legal effect with this agreement.












 








	
Party A (Company Seal)


 


Penglai City Gold Mining Holding Co. Limited



 


Legal/Authorized Representative: (signed and sealed)


/s/ Fuan Zhang


Name: Fuan Zhang


Title: Director



	  	
Party B (Company Seal)


 


 
Penglai XinGuan Investment Limited


 


Legal/Authorized Representative: (signed and sealed)


/s/ Feize Zhang


Name: Feize Zhang


Title: Director




	  	  	  
	
Signed on:   January 3, 2011

	  	 Signed on:   January 3, 2011
<PAGE>   1
                                                                     EXHIBIT 3.3

                          CERTIFICATE OF INCORPORATION
                                       OF
                                    BGLS INC.

         FIRST:   The name of the corporation is BGLS Inc. (the "Corporation").

         SECOND: The address of the Corporation's registered office in the State
of Delaware is the Corporation Trust Center, 1209 Orange Street, Wilmington,
Delaware 19801, County of New Castle. The name of its registered agent at such
address is The Corporation Trust Company.

         THIRD: The purpose of the Corporation is to engage in any lawful act or
activity for which corporations may be organized under the General Corporation
Law of the State of Delaware (the "DGCL").

         FOURTH: The total number of shares of stock which the Corporation shall
have authority to issue is one hundred (100) shares of common stock, with a par
value of one cent ($.01) each.

         FIFTH: The name and mailing address of the incorporator is Richard J.
Lampen, 100 S. E. Second Street, 32nd Floor, Miami, Florida 33131.

         SIXTH: A director of the Corporation shall not be personally liable to
the Corporation or its stockholders for monetary damages for breach of fiduciary
duty as a director, except for liability (i) for any breach of the director's
duty of

<PAGE>   2


loyalty to the Corporation or its stockholders, (ii) for acts or
omissions not in good faith or which involve intentional misconduct or a knowing
violation of law, (iii) under Section 174 of the DGCL, or (iv) for any
transaction from which the director derived any improper personal benefit. If
the DGCL is amended after the date of the filing of this Certificate to
authorize corporate action further eliminating or limiting the personal
liability of directors, then the liability of a director of the Corporation
shall be eliminated or limited to the fullest extent permitted by the DGCL, as
so amended. No repeal or modification of this Article SIXTH shall apply to or
have any effect on the liability or alleged liability of any director of the
Corporation for or with respect to any acts or omissions of such director
occurring prior to such repeal or modification.

         SEVENTH: The directors shall have power to make, alter or repeal
by-laws, except as may otherwise be provided in the by-laws.

         EIGHTH: Elections of directors need not be written ballot, except as
may otherwise be provided in the by-laws.




                                       2
<PAGE>

                                                                    Exhibit 99.1

                   CERTIFICATION OF PERIODIC FINANCIAL REPORTS

I, David W. Dorman, Chief Executive Officer of AT&T Corp., certify, pursuant to
Section 906 of the Sarbanes-Oxley Act of 2002, that:

(1)      the Annual Report on Form 10-K for the fiscal year ended December 31,
         2002 (the "Periodic Report") which this statement accompanies 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)      information contained in the Periodic Report fairly presents, in all
         material respects, the financial condition and results of operations of
         AT&T Corp.

Dated: March 28, 2003

                                                  /s/ David W. Dorman
                                                  ------------------------------
                                                  David W. Dorman
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#### JESSE E. FRALEY v. JAMES A. KELLY.

*New Promise by Bankrupt.*

The defendant, who had been adjudged a bankrupt but not discharged, said to the plaintiff, to whom he was indebted before his bankruptcy: “ Your debt I will pay if I live and again, — Count the interest on the note and add the principal, and send it to me at Raleigh, and I will make a draw and send you the money for the note *HeldT*that the jury were justified in finding thereupon a new and unconditional assumption of the old debt, entitling the plaintiff to recover, notwithstanding the bankruptcy.-

*(Fraley*v. *Kelly,*67 N. C. 78; *Hornthal*v. *McRae,*Ib. 21; *Henly*v. *Lanier,*75 N. C. 172, cited and approved.)

Civil ActioN, tried at January Special Term, 1878, of RowaN Superior Court, before *Kerr, J.*

The facts are sufficiently stated in the opinion. There was a verdict and judgment for the plaintiff, and the defendant appealed.

*'Mr. W. II.*Bailey, for plaintiff.

*Messrs. J. E.*Brown, and *J. M. Clement,*for defendant.

Eaircloth, J.

The defendant being indebted to the *349plaintiff was adjudged a bankrupt, and the plaintiff brings this action for the same debt, and declares on -a new promise. The plaintiff testified that after the adjudication in bankruptcy he presented his note to defendant and he said: “ Your debt and Mose Wagoner’s I will pay if I live.” He also testified that on another occasion defendant said to him: “ Count the interest on the note and add the principal and send it to me at Raleigh, and I will make a draw and send you the money, for the note.” There were some other conversations between them, and it was in evidence that the defendant was solvent before the commencement of this action.

This issue was submitted to the jury: “ Did the defendant, after he went into bankruptcy and before he obtained his discharge, make an unconditional and unequivocal promise to pay the debt he; owed the plaintiff ?” to which the jury responded, “ Yes.”

This finding would seem to leave no question in dispute. We have said several times that the defendant is liable on "the new promise under such circumstances. *Fraley*v. *Kelly,*67 N. C., 78; *Hornthal*v. *McRae,*67 N. C., 21; *Henly*v. *Lanier,*75 N. C., 172; *Randige*v. *Lyman,*Sup. Judl. Court of Mass., March, 1878.

No error. Affirmed.
Court of Appeals

Sixth Appellate District of Texas

JUDGMENT

Deveron Deon Rogers, Appellant

No. 06-13-00262-CR v.

The State of Texas, Appellee

Appeal from the 4th District Court of Rusk 

County, Texas (Tr. Ct. No. CR-13-098). 

Opinion delivered by Justice Carter, Chief 

Justice Morriss and Justice Moseley

participating.

As stated in the Court’s opinion of this date, we find there was partial error in the 

judgment of the court below. Therefore, we modify the trial court’s judgment by deleting the 

assessment of $140.00 as reimbursement of the Texas Department of Public Safety Crime 

Laboratory. As modified, the judgment of the trial court is affirmed.

We note that the appellant, Deveron Deon Rogers, has adequately indicated his inability 

to pay costs of appeal. Therefore, we waive payment of costs.

RENDERED MAY 20, 2014

BY ORDER OF THE COURT

JOSH R. MORRISS, III

CHIEF JUSTICE

ATTEST:

Debra K. Autrey, Clerk
No. 82-5466.

#### Welsh *v.*Wisconsin.

Sup. Ct. Wis. Motion of petitioner for leave to proceed *in forma pauperis*and certiorari granted.
#### Knox Village Associates, Appellant, v Town of New Windsor et al., Respondents.

[631 NYS2d 375]

In an action for a judgment declaring, *inter alia,*that the entirety of a certain parcel of real estate is located within the Town of New Windsor, and that no part of it is located within the Town of Cornwall, the plaintiff appeals (1) from a judgment of the Supreme Court, Orange County (Owen, J.), dated May 12, 1992, entered upon a decision dated March 30, 1992, which, *inter alia,*declared that approximately 8.2 acres of the plaintiff’s property is located within the Town of Cornwall, and (2) as limited by its brief, from so much of an order of the same court dated *586September 30,1992, as denied the branch of their motion which was, in effect, for reargument of the decision dated March 30, 1992.

Ordered that the appeal from the order is dismissed, as no appeal lies from an order denying reargument; and it is further,

Ordered that the judgment is affirmed; and it is further,

Ordered that the respondent Town of Cornwall is awarded one bill of costs.

The plaintiff argues that its property is entirely to the north of the line which divides the Town of New Windsor from the Town of Cornwall and therefore is located entirely in New Windsor. The plaintiff relies on the presumptive validity of New York City Aqueduct maps filed in 1908 and 1959, as well as other evidence. We have examined the record and conclude that the defendants overcame the presumption of accuracy afforded to the ancient documents produced by the plaintiff *(see,*CPLR 4522; *see also, Matter of Kings Estates Ltd. Partnership v Town of Chester,*162 AD2d 802). Bracken, J. P., Copertino, Krausman and Florio, JJ., concur.
**EXHIBIT 31.2**Certification of the Principal Executive OfficerPursuant to 15 U.S.C. 78m(a) or 78o(d)(Section 302 of the Sarbanes-Oxley Act of 2002)I, Robert W. Pawlak, the Chief Financial Officer of Cohesant Technologies Inc. (the “Company”),certify that:(1) I have reviewed this quarterly report on Form 10-QSB of the Company;(2) Based on my knowledge, this report does not contain any untruestatement of a material fact or omit to state a material fact necessary tomake the statements made, in light of the circumstances under which suchstatements were made, not misleading with respect to the period covered bythis report;(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 Company as of, and for, the periods presented in this report.(4) The Company’s other certifying officer and I are responsible forestablishing and maintaining disclosure controls and procedures (asdefined in Exchange Act Rules 13a-15(e) and 15d-15(e)) for the Company andwe have:(a) Designed such disclosure controls and procedures, orcaused such disclosure controls and procedures to bedesigned under our supervision, to ensure that materialinformation relating to the registrant, including itsconsolidated subsidiaries, is made known to us by otherswithin those entities, particularly during the period inwhich this report is being prepared;(b) Evaluated the effectiveness of the Company’sdisclosure controls and procedures and presented in thisreport our conclusions about the effectiveness of thedisclosure controls and procedures, as of the end of theperiod covered by this report based on such evaluation;and
 

 
(c) Disclosed in this report any change in the Company’sinternal control over financial reporting that occurredduring the Company’s most recent fiscal quarter (theCompany’s fourth fiscal quarter in the case of an annualreport) that has materially affected, or is reasonablylikely to materially affect, the Company’s internalcontrol over financial reporting; and(5) The Company’s other certifying officer and I have disclosed, based onour most recent evaluation of internal control over financial reporting,to the Company’s auditors and the audit committee of Company’s board ofdirectors (or persons performing the equivalent functions):(a) All significant deficiencies and material weaknessesin the design or operation of internal controls overfinancial reporting which are reasonably likely toadversely affect the Company’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 rolein the Company’s internal controls over financialreporting.     /s/ Robert W. Pawlak Robert W. Pawlak    Cohesant Technologies Inc.    Chief Financial Officer         October 6, 2006
<TABLE> <S> <C>

<PAGE>
<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM NETRADIO
CORPORATION'S FINANCIAL STATEMENTS AS OF AND FOR THE NINE MONTH PERIOD ENDED
SEPTEMBER 30, 1999, AND IS QUALIFIED IN ITS ENTIRETY BY REFERENCE TO SUCH
FINANCIAL STATEMENTS.
</LEGEND>

<S>                             <C>
<PERIOD-TYPE>                   9-MOS
<FISCAL-YEAR-END>                          DEC-31-1999
<PERIOD-END>                               SEP-30-1999
<CASH>                                          87,359
<SECURITIES>                                         0
<RECEIVABLES>                                  201,808
<ALLOWANCES>                                   (5,000)
<INVENTORY>                                          0
<CURRENT-ASSETS>                             1,826,978
<PP&E>                                       3,217,379
<DEPRECIATION>                             (1,259,299)
<TOTAL-ASSETS>                               4,966,530
<CURRENT-LIABILITIES>                        3,703,432
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                     3,288,975
<OTHER-SE>                                           0
<TOTAL-LIABILITY-AND-EQUITY>                 4,966,530
<SALES>                                        779,740
<TOTAL-REVENUES>                               400,648
<CGS>                                                0
<TOTAL-COSTS>                                        0
<OTHER-EXPENSES>                             9,202,072
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                             602,206
<INCOME-PRETAX>                                      0
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                                  0
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                               (9,425,186)
<EPS-BASIC>                                     (1.59)
<EPS-DILUTED>                                   (1.59)


</TABLE>
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#### Rodolitz Organization, Appellant, v Connecticut General Life Insurance Company et al., Respondents.

[631 NYS2d 540]

In an action, *inter alia,*to recover an overpayment of a prepayment fee on a mortgage note, the plaintiff appeals from an order of the Supreme Court, Nassau County (Kutner, J.), dated June 29, 1994, which denied its motion for summary judgment on the fourth cause of action and granted the defendants’ cross motion for summary judgment on that cause of action.

Ordered that the order is affirmed, with costs.

Contrary to the plaintiff’s contention, no ambiguity exists in *704the loan documents *(see, W. W. W. Assocs. v Giancontieri,*77 NY2d 157). Therefore, the Supreme Court properly awarded summary judgment in favor of the defendants. Miller, J. P., O’Brien, Ritter and Goldstein, JJ., concur.