alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### Culver vs. Hitchcock.

where, after judgment entered in favor of the plaintiff, the verdict has been set aside and a new trial granted on motion of the defendant, he cannot proceed by writ of error to reverse the judgment, although it has not been formally vacated — an order for vacating it being grantable as of course upon his application therefor in the circuit court.

*343ERROR to the Circuit Court for *Rock*County.

*J. A. Sleeper,*for plaintiff in error.

*Sloan, Patten & Bailey,*for defendant in error.

*By the Court,*

Dixon, C. J.

In' this case the writ of error must be dismissed. It was sued out on the 30th day of August, 1864, upon a judgment on verdict entered September 1st, 1862. On the 21st of January, 1863, the plaintiff in error, defendant below, moved in that court to have the verdict set aside and a new trial granted, and prevailed upon the motion. It does not appear that the judgment has been formally vacated; but such an order would follow of course upon application in that court after setting aside the verdict and granting a new trial. The plaintiff in error cannot have both remedies. He cannot move in the court below for a new trial and obtain it, and then come here for the same purpose upon a writ of error. The order which he has already obtained upon the motion is a bar to his application upon this writ. See *Second Ward Bank v. Upman,*14 Wis., 596.

"Writ dismissed.
Converted by EDGARwiz


Exhibit 10.10

DEBT SETTLEMENT AGREEMENT




This Debt Settlement Agreement (this “Agreement”) is made effective this December 31, 2012 between SunVesta, Inc., a company formed in Florida (“Parent”) with its wholly owned subsidiary, SunVesta Holding AG, a company formed in Switzerland (“Debtor”), each of which has offices located at 97 Seestrasse, Oberrieden, Switzerland CH-8942 and Hans Rigendinger, a Swiss individual and director of Debtor, resident at 20 Bachtelstrasse, Switzerland, CH-8808 (“Creditor”).




SECTION ONE

ACKNOWLEDGEMENT OF EXISTING OBLIGATION




The parties acknowledge that Debtor is at present indebted to Creditor in the sum of seven hundred and seventeen thousand nine hundred and seventy six dollars and seventy one cents ($717,976.71), an amount including principal and interest on a series of loans provided by Creditor to Debtor as of December 31, 2012.




SECTION TWO

AGREEMENT FOR DIFFERENT METHOD OF PAYMENT




Parent, Debtor and Creditor desire and agree to provide for the payment of the above-stated indebtedness in accordance with terms and provisions different from, and in substitution of, the terms and obligations of the loans as described in Section One above.




SECTION THREE

CONSIDERATION




In consideration of the mutual promises contained in this Agreement, Parent, Debtor and Creditor agree as follows:

a.

Method of Payment: Parent agrees to issue to Creditor and Creditor agrees to accept from Parent, in full satisfaction of Debtor’s obligation of $717,976.71, being the indebtedness described in Section One, seventeen million nine hundred and forty nine thousand and four hundred seventeen (17,949,417) shares of Parent’s common stock, valued at $0.04 per share.

b.

Satisfaction: On execution of this Agreement and Parent’s board of directors resolution authorizing the issuance of 17,949,417 shares of Parent’s common stock to Creditor provided for in Section Three (a), the original indebtedness of Debtor to Creditor, as described in Section One, will be forever cancelled and discharged.




In witness whereof, the parties have executed this Agreement in Switzerland on the date first mentioned above.




SunVesta, Inc.

SunVesta Holding AG




/s/ Josef Mettler

/s/ Josef Mettler

By: Josef Mettler, Chief Executive Officer

By: Josef Mettler, CEO and Deputy Chairman




Hans Rigendinger




/s/ Hans Rigendinger

Hans Rigendinger
**Exhibit 4.1**

**WAIVER AND CONSENT**

THIS WAIVER AND CONSENTis entered into this 30th day of June, 2008, by and among Enable Capital Management, on its own behalf and on behalf of its affiliates, EnableGrowth Partners LP, Enable Opportunity Partners LP and Pierce Diversified Strategy Master Fund LLC (collectively, “Enable”), and Star Energy Corporation (“Star”) 

**WHEREAS,**Enable has entered into that certain Securities Purchase Agreement dated as of February 9, 2007 (the “PurchaseAgreement”), by and among Star Energy Corporation (“Star”) and certain purchasers referenced therein (each, a “Purchaser”, collectively, the “Purchasers”), such Purchasers being Enable andWolverine Asset Management LLC, on its own behalf and on behalf of its affiliates, Wolverine Convertible Arbitrage Fund Trading Ltd. and GPC LX LLC (collectively, “Wolverine”) (each of Star, Wolverine and Enable may hereafter bereferred to as a “Party”, collectively, the “Parties”); 

**WHEREAS,**pursuant to the PurchaseAgreement, the Parties entered into certain related documents, instruments, agreements and notes dated as of February 9, 2007, among them a Registration Rights Agreement, a Security Agreement, a Subsidiary Guarantee, and an 8% SecuredConvertible Debenture (the “Debenture”) issued by Star to each of Wolverine and Enable (collectively, the “Convertible Debt Documents”); 

**WHEREAS,**pursuant to Section 2(a) of the Debenture, July 1, 2008 constitutes an Interest Payment Date, whereupon quarterly interest is payable on indebtedness due under the Debenture; 

**WHEREAS,**Star has requested that Enable agree to the deferral of interest that would otherwise be due on July 1, 2008, until July 1,2009; 

**WHEREAS,**Enable is willing to agree to a deferral of the aforementioned interest payment on the terms and conditions setforth herein; 

**NOW, THEREFORE,**for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged,

1. Enable consents to the following: 

(a) the deferral of the interest payment due on July 1, 2008, until July 1, 2009; and 

(b) the waiver by Enable of any Late Fees that would otherwise be due under Section 2(d) of the Debenture as a result of the non-payment of interest on July 1, 2008. 

2. In consideration of the waiver and consent of Enable referenced in Section 1 above, on July 1, 2009, Star will pay Enable a premium of FourThousand Dollars ($4,000). 

3. Except as to matters set forth herein, the terms and conditions of all of the Convertible DebtDocuments remain in full force and effect. 

4. This Waiver and Consent is governed by the laws of the State of New York, notwithstandingits conflict of laws rules or any other principles that would trigger the application of any other law. 

IN WITNESS WHEREOF, each of Enableand Star has caused this Waiver and Consent to be duly executed on the day and year first written above. 

 
**ENABLE CAPITAL MANAGEMENT**By: /s/ Brendan O’Neil Name: Brendan O’Neil Title: President and Chief Investment Officer**STAR ENERGY CORPORATION**By: /s/ Michael Kravchenko Name: Michael Kravchenko Title: Chief Financial Officer
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

I, Jay Sargeant, Chief Executive Officer of EYI Industries, Inc. (the
"Company"), hereby 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:

      (i)   the Quarterly Report on Form 10-QSB of the Company, for the fiscal
            quarter ended June 30, 2005, and to which this certification is
            attached as Exhibit 32.1 (the "Report") fully complies with the
            requirements of Section 13(a) or 15(d) of the Securities Exchange
            Act of 1934, as amended; and

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

                 By:
                                     /s/ Jay Sargeant
                                     -------------------------------------------
                 Name:               Jay Sargeant

                 Title:              Chief Executive Officer

                 Date:               August  19 , 2005

A signed original of this written statement required by Section 906 of the
Sarbanes-Oxley Act of 2002 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.

This certification accompanies the Form 10-QSB to which it relates, is not
deemed filed with the Securities and Exchange Commission and is not to be
incorporated by reference into any filing of the Company under the Securities
Act of 1933 or the Securities Exchange Act of 1934 (whether made before or after
the date of the Form 10-QSB), irrespective of any general incorporation language
contained in such filing.
Yearly Certificateholders' Statement (K)

           CAPITOL REVOLVING HOME EQUITY LOAN TRUST 1996-1

     Under subsection 5.3(b) of the Pooling and Servicing  Agreement dated as of
     September  1, 1996 by and between  Chevy Chase  Bank,  F.S.B.,  a federally
     chartered savings bank, as Transferor and Servicer, and the Chase Manhattan
     Bank, as Trustee and Custodial  Agent  (hereinafter  as such  agreement may
     have been, or may from time to time be, amended,  supplemented or otherwise
     modified, the Pooling and Servicing Agreement"),  Chevy Chase Bank, F.S.B.,
     as the  Servicer,  is required  to prepare  certain  information  each year
     regarding current  distributions on the Certificates and the performance of
     the  Capitol  Revolving  Home Loan Trust  1996-1 (the  "Trust")  during the
     related  Collection Period. The information that is required to be prepared
     with respect to the distribution to Holders (the  "Certificateholders")  of
     the Certificates for the calendar year ended December 31, 2001 is set forth
     below.  Certain of the information is presented on the basis of an original
     principal amount of $1,000 per Certificate, as the case may be. Capitalized
     terms used and not otherwise defined herein have the meanings assigned them
     in the Pooling and Servicing Agreement.

A.   Information Regarding the Current Year Distribution to Certificateholders
     (Per $1,000 Original Principal Amount of a Certificate).


     1.   The amount, if any, of principal included in
          such distribution, separately stating the
          components thereof (including the portion
          thereof attributable to collections in respect of
          the Mortgage Loans)...............................     $83.24

     2.   The amount of Investor Certificate Interest  included in
            such distribution, the related Investor Certificate
            Rate and the portion
          thereof attributable to collections in
          respect of the Mortgage Loans.....................     $8.8645



     IN WITNESS WHEREOF, the undersigned has caused this Certificate
to be duly executed this 20th day of March, 2002

                              CHEVY CHASE BANK, F.S.B.
                              as Servicer

                                  By:   Mark A. Holles
                                        ------------------
                                        Mark A. Holles
                                        Group Vice President
                                        Carol Thomas
                                        Vice President
Exhibit 23.1

INDEPENDENT AUDITORS' CONSENT

We
consent to the incorporation by reference in Registration Statement No.'s 333-87944 and 333-27973 of Weider Nutrition International, Inc. on Forms S-8 of
our report dated July 14, 2003 (which report expresses an unqualified opinion and includes an explanatory paragraph relating to the adoption of the provisions of Statements of Financial
Accounting Standards No. 142 and No. 144), appearing in this Annual Report on Form 10-K of Weider Nutrition International, Inc. for the year ended
May 31, 2003.

We
also consent to reference to us under "Item 6. Selected Consolidated Financial and Operating Data" in Form 10-K.

Our
audits of the consolidated financial statements referred to in our aforementioned report also included the financial statement schedule of Weider Nutrition International, Inc., listed in
Item 15. This financial statement schedule is the responsibility of the Company's management. Our responsibility is to express an opinion based on our audits. In our opinion, such financial statement
schedule, when considered in relation to the basic consolidated financial statements taken as a whole, presents fairly in all material respects the information set forth therein.

DELOITTE &
TOUCHE LLP

Salt
Lake City, Utah
August 26, 2003

---

QuickLinks
EXHIBIT 21.1  SUBSIDIARIES OF THE REGISTRANT


                                            Jurisdiction of
Names of Direct Subsidiaries:               Organization:
---------------------------------------------------------

Ontrack Data Recovery, Inc.                 Minnesota

Mijenix Corporation                         Wisconsin



                                                        Jurisdiction of
Subsidiaries of Ontrack Data Recovery, Inc.:            Organization:
---------------------------------------------------------------------

Ontrack Data Recovery GmbH                              Republic of Germany

Ontrack Data Recovery Europe, Ltd.                      United Kingdom

Ontrack France Sarl                                     France
    (owned in part by Ontrack Data Recovery and in part
     by ONTRACK Data International, Inc.)

Blacker Italia, Srl                                     Italy

Blacker, SA                                             Switzerland

Ontrack Iberia, SL                                      Spain
Section
      1350Certificate of Executive Vice-President




In connection with the Quarterly Report of Oasys Mobile, Inc. (the “Company”) on
      Form 10-Q for the Quarter ended September 30, 2006, as filed with the
      Securities and Exchange Commission on the date hereof (the “Report”), I, Donald
      T. Locke, Executive Vice-President of Corporate Developmentof 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 conditions and results of operations of the
      Company.






Date:       November
              17,
              2006
            /s/
              Donald T.
              LockeDonald
              T. LockeExecutive Vice-President of Corporate
              Development
              (principal
                executive
                officer)
Order entered December 8, 2016

In The

Court of Appeals 

Fifth District of Texas at Dallas 

No. 05-16-00777-CV

JOSEPH AND NADIA ABUZAID, Appellants

V.

MODJARRAD AND ASSOCIATES, Appellee

On Appeal from the 95th Judicial District Court

Dallas County, Texas

Trial Court Cause No. DC-16-06551

ORDER

Before the Court is appellee’s third unopposed motion to extend time to file appellee’s 

brief. Appellee’s motion is GRANTED. Appellee’s brief shall be filed by December 19, 2016.

No further extensions will be granted absent extenuating circumstances.

/s/ CRAIG STODDART 

JUSTICE
Non ‐ governmental entities EPA met with to discu ss the HCFC Phaseout since the D.C. Circuit Court denied EPA’s petition for rehearin g (Jan. 21, 2011) thro ugh June 6, 2011:

- Arkema, Inc. - DuPont Fluoroproducts - Honeywell - Hudson Technologies - ICOR International - National Refrigerants - Natural Resources Defense Council - Solvay Fluorides, LLC - Solvay Solexis, Inc.
Exhibit 99.1



CERTIFICATION PURSUANT TO

SECTION 1350 OF CHAPTER 63 OF 18 U.S.C.

AS ADOPTED PURSUANT TO

SECTION 906 OF THE
SARBANES-OXLEY ACT OF 2002



In connection with the Annual
Report of Cardima, Inc. (the Company) on Form 10-K for the year ending December 31, 2002 as filed with the Securities and Exchange Commission on the date hereof (the Report), I, Gabriel B. Vegh, Chief Executive Officer of the
Company, certify pursuant to § 1350 of Chapter 63 of 18 U.S.C., as adopted pursuant to § 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 results of operations of the Company.
| | --- |  | ----------------------------------------------------------------------------------------------------------------------------------------------------



|                                                      
|------------------------------------------------------
|/s/    GABRIEL B.
VEGH                                
|                                                      
|Gabriel B. Vegh Chief Executive Officer March 31, 2003



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



This certification accompanies this Report pursuant to Section
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 Company for purposes of Section 18 of the Securities Exchange Act of 1934, as amended.
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 Roebling  Financial Corp, Inc. (the
"Company") on Form 10-QSB for the period ending  December 31, 2002 as filed with
the Securities and Exchange  Commission on the date hereof (the  "Report"),  we,
Frank J. Travea,  III,  President  and Chief  Executive  Officer,  and Janice A.
Summers,  Senior Vice  President,  Chief  Operating  Officer and Chief Financial
Officer, 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 results of operations of the
Company.


/s/Frank J. Travea, III                     /s/Janice A. Summers
-------------------------------------       --------------------------------
Frank J. Travea, III                        Janice A. Summers
President and Chief Executive Officer       Senior Vice President, Chief
                                            Operating  Officer and
                                            Chief Financial Officer




February 12, 2003
EXHIBIT 99.1



CERTIFICATION OF CEO 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 on Form 10-K of
Tumbleweed Communications Corp. (the Company) for the period ended December 31, 2002 as filed with the Securities and Exchange Commission on the date hereof (the Report), Jeffrey C. Smith, as Chief Executive Officer of the
Company, hereby certifies, pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, to the best of his knowledge, that:



(1)    the Report fully complies with the requirements of Section 13(a) 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/    JEFFREY C. SMITHJeffrey C. Smith Chief Executive Officer  March 18, 2003
|-------------------------------------------------------------------------------



This certification
accompanies this Report pursuant to Section 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 Company for purposes of Section 18 of the Securities Exchange
Act of 1934, as amended.
Michigan Supreme Court

Lansing, Michigan

Robert P. Young, Jr., Chief Justice

Stephen J. Markman

Brian K. Zahra

Bridget M. McCormack

David F. Viviano 

Richard H. Bernstein

Joan L. Larsen, Justices

I, Larry S. Royster, Clerk of the Michigan Supreme Court, certify that the

foregoing is a true and complete copy of the order entered at the direction of the Court.

 November 30, 2016

s1121

Order 

Clerk

November 30, 2016

153141 & (19)

PEOPLE OF THE STATE OF MICHIGAN,

Plaintiff-Appellee,

v SC: 153141

COA: 330013

Oakland CC: 2012-239700-FC

DARRYL DONIAN JORDAN, Defendant-Appellant. 

_________________________________________/

On order of the Court, the application for leave to appeal the January 19, 2016 

order of the Court of Appeals is considered, and it is DENIED, because the defendant has 

failed to meet the burden of establishing entitlement to relief under MCR 6.508(D). The 

motion to hold in abeyance is DENIED.
Exhibit
32.1




The following
certifications are being furnished solely to accompany the Report pursuant to 18
U.S.C. § 1350, and pursuant to SEC Release No. 33-8238 are being “furnished” to
the SEC rather than “filed” either as part of the Report or as a separate
disclosure statement, and are not to be incorporated by reference into the
Report or any other filing of the Company, whether made before or after the date
hereof, regardless of any general incorporation language in such filing. The
foregoing certifications shall not be deemed “filed” for purposes of Section 18
of the Securities Exchange Act of 1934, as amended, or otherwise subject to the
liabilities of Section 18 or Sections 11 and 12(a)(2) of the Securities Act of
1933, as amended.
  Certification
of Chief Executive Officer
  Pursuant to 18
U.S.C. § 1350, as created by Section 906 of the Sarbanes-Oxley Act of 2002, the
undersigned officer of Schiff Nutrition International, Inc. (the “Company”)
hereby certifies, to such officer’s knowledge, that:
  (i)
              the
      accompanying Annual Report on Form 10-K of the Company for the annual
      period ended May 31, 2008 (the “Report”) fully complies with the
      requirements of Section 13(a) of the Securities Exchange Act of 1934, as
      amended; and
  (ii)
              the
      information contained in the Report fairly presents, in all material
      respects, the financial condition and results of operations of the
      Company.
  
 Date:August 20,
    2008
              /s/ 
      Bruce J. WoodBruce J. Wood
                President and Chief Executive
      Officer
 
  Certification
of Chief Financial Officer
  Pursuant to 18
U.S.C. § 1350, as created by Section 906 of the Sarbanes-Oxley Act of 2002, the
undersigned officer of Schiff Nutrition International, Inc. (the “Company”)
hereby certifies, to such officer’s knowledge, that:
  (i)
              the
      accompanying Annual Report on Form 10-K of the Company for the annual
      period ended May 31, 2008 (the “Report”) fully complies with the
      requirements of Section 13(a) of the Securities Exchange Act of 1934, as
      amended; and
  (ii)
              the
      information contained in the Report fairly presents, in all material
      respects, the financial condition and results of operations of the
      Company.
  
  Date:August 20,
    2008
                /s/ 
      Joseph W. BatyJoseph W. Baty
                  Executive Vice President and Chief
      Financial
Officer









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