alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
**Exhibit 32.1**

 

**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**

 

In connection with the Annual Report of Emerging Vision, Inc. (the “Company”) on Form 10-K for the period ended December 31, 2006 as filed with the Securities and Exchange Commission on the date hereof (the “Report”), each of the undersigned hereby certifies, 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 our knowledge:

 

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

 

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

 

 

This certification accompanies the 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.

 

 

| Dated:    April 2, 2007 |   |
|-------------------------|--------|

 

 

| /s/ Christopher G. Payan    Christopher G. PayanChief Executive Officer                                                                                                                                                         |
|-----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|
|                                                                                                                                                                                                                                                |
|                                                                                                                                                                                                                                                     |
| /s/ Brian P. Alessi                               Brian P. AlessiChief Financial Officer |
EXHIBIT 31.1

CERTIFICATION PURSUANT TO
SECTION 302 OF THE SARBANES-OXLEY ACT OF 2002

I,
Raymond P. Dolan, certify that:

1.     I
have reviewed this Quarterly Report on Form 10-Q of Sonus Networks, 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 registrant as of, and for, the periods presented in this report;

4.     The
registrant'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)) and internal control over financial reporting (as defined in Exchange Act Rules 13a-15(f) and 15d-15(f))
for the registrant and have:



5.     The
registrant's other certifying officer and I have disclosed, based on our most recent evaluation of internal control over financial reporting, to the registrant's
auditors and the audit committee of the registrant's board of directors (or persons performing equivalent functions):



Date: May 3, 2011/s/ RAYMOND P. DOLAN Raymond P. Dolan President and Chief Executive Officer
(Principal Executive Officer)


---



QuickLinks
Document headings vary by document type but may contain
                    the following: the agency or agencies that issued and signed a document
the number of the CFR title and the number of each part
                      the document amends, proposes to amend, or is directly
                      related to
the agency docket number / agency internal file number
the RIN which identifies each regulatory action listed in
                      the Unified Agenda of Federal Regulatory and Deregulatory
                      Actions See the
                    Document Drafting Handbook
                    for more details.
 Department of Energy Federal Energy Regulatory Commission 18 CFR Part 11
[Docket No. RM11-6-000]
 AGENCY: Federal Energy Regulatory Commission, DOE.
 ACTION: Correcting amendments.
 SUMMARY: The Federal Energy Regulatory Commission published a document in the 
                        **Federal Register**
                         on Tuesday, January 20, 2015 (80 FR 2591), providing the annual update to the fee schedule in Appendix A to Part 11, which lists per-acre rental fees by county (or other geographic area) for use of government lands by hydropower licensees and updating Appendix A to Part 11 with the fee schedule of per-acre rental fees by county (or other geographic area) from October 1, 2014, through September 30, 2015 (Fiscal Year 2015).
 DATES: Effective April 7, 2015.
 FOR FURTHER INFORMATION CONTACT: Norman Richardson, Financial Management Division, Office of the Executive Director, Federal Energy Regulatory Commission, 888 First Street NE., Washington, DC 20426, (202) 502-6219, 
                        *Norman.Richardson@ferc.gov.*


SUPPLEMENTARY INFORMATION: This is a summary of FERC's Errata Notice, issued on March 30, 2015. On January 8, 2015, the Commission issued a Final Rule in the above-captioned proceeding. 
                    *Annual Update to Fee Schedule for the Use of Government Lands by Hydropower License,*
                     150 FERC ¶ 62,012 (2015). This document makes corrections to the per-acre values for the State of Alaska in the final rule published in the 
                    **Federal Register**
                     on January 20, 2015 (80 FR 2591). List of Subjects in 18 CFR Part 11 Public lands
 Accordingly, 18 CFR part 11 is corrected by making the following correcting amendments: PART 11—ANNUAL CHARGES UNDER PART I OF THE FEDERAL POWER ACT
 1.The authority citation for Part 11 continues to read as follows: Authority:
                        16 U.S.C. 792-828c; 42 U.S.C. 7101-7352. 2.Amend Appendix A to Part 11 by revising the entries for Alaska to read as follows: Appendix A to Part 11—Fee Schedule for FY 2015 State
County
Fee/Acre Yr*     *    *    *    *Alaska
Aleutian Islands Area
$1.58Anchorage Area
33.28Fairbanks Area
19.49Juneau Area
33.28Kenai Peninsula
33.28All Areas
9.81*     *    *    *    *
 Issued: March 30, 2015. Kimberly D. Bose, Secretary.


[FR Doc. 2015-07927 Filed 4-6-15; 8:45 am] BILLING CODE CODE 6717-01-P
|   | (1)    | TheReport fully complies with the requirements of section 13(a) or15(d) of the Securities Exchange Act of 1934; and |
|--------|-----------------------|--------------------------------------------------------------------------------------------------------------------------|

|   | (2)    | Theinformation contained in the Report fairly presents, in allmaterial respects, the financial condition and results ofoperations of the Company. |
|--------|-----------------------|---------------------------------------------------------------------------------------------------------------------------------------------------|

| Dated:  May 20, 2019 | By:    | /s/ Kyle Kennedy                                                                                                                                      |   |
|--------------------------------|--------|------------------------------------------------------------------------------------------------------------------------------------------------------------|--------|
|                           |   | KyleKennedy                                                                                                                                                |   |
|                           |   | President,ChiefExecutive Officer and Chairman of the Board(PrincipalExecutive Officer, Principal Financial Officer and acting PrincipalAccounting Officer) |   |
CY 2020 EXPERIENCE-BASED JOINT DUTY ASSIGNMENT (E-JDA) REVIEW BOARD
SCHEDULE AND SUSPENSES

¢ 11 February 2020

o Board Type: O-6 and above experiences
Board Member Composition: 0-7
Board Member Nominations due to J-1/JOM: 20 Dec 2019
Experience nominations due to J-1/JOM: 8 Jan 2020
Time/Location: 0830/J-1 Conference Room (1E829)

oo00

e 12-14 February 2020
© Board Type: O-1 to O-5 experiences
o Board Member Composition: 0-6
© Board Member Nominations due to J-1/JOM: 20 Dec 2019
o Experience nominations due to J-1/JOM: 8 Jan 2020
© Time/Location: 0830/J-1 Conference Room (1E829)

© 9 June 2020
o Board Type: O-6 and above experiences
o Board Member Composition: O-7
© Board Member Nominations due to J-1/JOM: 11 Mar 2020
o Experience nominations due to J-1/JOM: 6 May 2020
© Time/Location: 0830/J-1 Conference Room (1E829)

© 10-12 June 2020

o Board Type: O-1 to O-5 experiences
Board Member Composition: O-6
Board Member Nominations due to J-1/JOM: 11 Mar 2020
Experience nominations due to J-1/JOM: 6 May 2019
Time/Location: 0830/J-1 Conference Room (1E829)

oo0o0

© 15 September 2020

Board Type: O-6 and above experiences

Board Member Composition: 0-7

Board Member Nominations due to J-1/JOM: 2 Jul 2020
Experience nominations due to J-I/JOM: 10 Aug 2020
Time/Location: 0830/J-1 Conference Room (1E829)

oO

ooo0

e 16-18 September 2020

© Board Type: O-1 to O-5 experiences
Board Member Composition: O-6
Board Member Nominations due to J-1/JOM: 2 Jul 2020
Experience nominations due to J-1/JOM: 10 Aug 2020
Time/Location: 0830/J-1 Conference Room (1E829)

ooo0o90


CY 2020 EXPERIENCE-BASED JOINT DUTY ASSIGNMENT (E-JDA) REVIEW BOARD
MEMBER REQUIREMENTS

Services are required to nominate officers who meet the following criteria:

e General/Flag Officers

© Mandatory:
« Nominate two (2) officers for each board (one from the AC and one from the
RC)
* EXCEPTION: The USMC is authorized to nominate one GO board

member
* Currently serving in the grade of O-7 or O-7 select (frocked)
* AC designated as a Joint Qualified Officer (Level IID)
* Submit an official biography for each nominated officer
©. Preferred:
= Nominated officers be available for two boards
" RC designated as a Joint Qualified Officer (Level III)

© Colonels/Captains (O-6)

co Mandatory:
" Nominate two (2) officers for each board (one from the AC and one from the
RC)
« EXCEPTION: The USMC is authorized to nominate one board

member
= Currently serving in the grade of O-6 or 0-6 select (frocked)
* AC designated as a Joint Qualified Officer (Level IID

« Submit an official biography for each nominated officer
o. Preferred:

" Nominated officers be available for two boards
= RC designated as a Joint Qualified Officer (Level Ii)

© Joint Staff J-1, after receiving nominations, will select officers for each board
<TABLE> <S> <C>
                
<ARTICLE>             5
       
<S>                                       <C>
<PERIOD-TYPE>                             6-MOS
<FISCAL-YEAR-END>                         JUN-30-1996
<PERIOD-END>                              DEC-30-1996
<CASH>                                        720,000
<SECURITIES>                                   30,000     
<RECEIVABLES>                                   3,000
<ALLOWANCES>                                        0
<INVENTORY>                                         0
<CURRENT-ASSETS>                            5,628,000
<PP&E>                                              0
<DEPRECIATION>                                      0
<TOTAL-ASSETS>                              5,628,000
<CURRENT-LIABILITIES>                          41,000
<BONDS>                                             0
<PREFERRED-MANDATORY>                               0
<PREFERRED>                                         0
<COMMON>                                            0
<OTHER-SE>                                  5,587,000 <F1>
<TOTAL-LIABILITY-AND-EQUITY>                5,628,000
<SALES>                                             0
<TOTAL-REVENUES>                              359,000 
<CGS>                                               0
<TOTAL-COSTS>                                 177,000
<OTHER-EXPENSES>                                    0
<LOSS-PROVISION>                                    0
<INTEREST-EXPENSE>                                  0
<INCOME-PRETAX>                               182,000 
<INCOME-TAX>                                        0 
<INCOME-CONTINUING>                           182,000 
<DISCONTINUED>                                      0
<EXTRAORDINARY>                                     0
<CHANGES>                                           0
<NET-INCOME>                                  182,000 
<EPS-PRIMARY>                                   52.47      
<EPS-DILUTED>                                       0 

<FN>
<F1>
This figure represents $5,407,000 of Limited Partners' Capital and
$180,000 of General Partner's Capital.
</FN>
        

</TABLE>
exv10w20






Exhibit 10.20



FIRST AMENDMENT TO LEASE




     THIS FIRST AMENDMENT TO LEASE is made between Beck Hospitality, Inc. Ill, hereafter called
“Lessor” or “Landlord,” whose address for purposes of notice under this lease is 2300 Corporate
Blvd. NW, Suite 232, Boca Raton, FL 33431, and Vicor Technologies, Inc., hereafter called “Lessee”
or “Tenant,” whose address for purposes of notice under this lease is 2300 Corporate Blvd. NW,
Suite 236, Boca Raton, FL 33431.



     The parties agree as follows:



     The lease by and between the above referenced parties, dated March      , 2010 shall be modified as
follows:



     The Lessor’s name shall be changed to Elbe Properties. Any reference to Beck Hospitality Inc.
III in the Lease shall be changed to Elbe Properties and Lessee shall make all rent checks payable
to Elbe Properties at 2300 Corporate Blvd. NW, #232, Boca Raton, FL 33431.



     All other paragraphs, sections, terms and conditions shall remain in full force and effect and
unmodified.



     IN WITNESS WHEREOF, Lessor and Lessee have duly executed this Lease Agreement on April      , 2010.


Signed, sealed, and delivered in our presence as witnesses:




	 	 	 	 	 

	 

	 	LESSOR:	 	 
	 
	 	 	 	 
	[ILLEGIBLE]

	 	/s/ Louis S. Beck	 	 
	 

Witness:

	 	 

Beck Hospitality, Inc. III
	 	 
	 

	 	By: Louis S. Beck, President	 	 
	 
	 	 	 	 
	 

Witness:

	 	 	 	 
	 
	 	 	 	 
	 

	 	LESSEE:	 	 
	 
	 	 	 	 
	[ILLEGIBLE]

	 	/s/ David H. Fater	 	 
	 

Witness:

	 	 

Vicor Technologies, Inc.
	 	 
	 

	 	David H. Fater, President/CEO	 	 
	 
	 	 	 	 
	 

Witness:
* Pursuant to 5TH CIR. R. 47.5, the court has determined that this opinion should not

be published and is not precedent except under the limited circumstances set forth in 5TH CIR.

R. 47.5.4.

IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

No. 08-40078

Conference Calendar

UNITED STATES OF AMERICA

Plaintiff-Appellee

v.

JAIME ENRIQUE ARGUMENDO-BATRAS

Defendant-Appellant

Appeal from the United States District Court

for the Southern District of Texas

USDC No. 5:02-CR-216-1

Before DAVIS, WIENER, and PRADO, Circuit Judges.

PER CURIAM:*

The Federal Public Defender appointed to represent Jaime Enrique

Argumendo-Batras has moved for leave to withdraw and has filed a brief in

accordance with Anders v. California, 386 U.S. 738 (1967). Argumendo-Batras

has not filed a response. Our independent review of the record and counsel’s

brief discloses no nonfrivolous issue for appeal. Accordingly, counsel’s motion for

leave to withdraw is GRANTED, counsel is excused from further responsibilities

herein, and the APPEAL IS DISMISSED. See 5TH CIR. R. 42.2.

United States Court of Appeals

Fifth Circuit

F I L E D

December 10, 2008

Charles R. Fulbruge III

Clerk
<PAGE>   1



                                                                    Exhibit 23.2



                         Consent of Independent Auditors


We consent to the incorporation by reference in the Registration Statement (Form
S-8 No. 33-34642) pertaining to the Amended and Restated Advanced Lighting
Technologies, Inc. 1995 Incentive Award Plan, in the Registration Statement
(Form S-8 No. 333-22159) pertaining to the Advanced Lighting Technologies, Inc.
Employee Stock Purchase Plan, in the Registration Statements (Form S-8 No.
333-45689 and 333-69641) pertaining to the Amended and Restated Advanced
Lighting Technologies, Inc. 1998 Incentive Award Plan, in the Registration
Statement (Form S-8 No. 333-45695) pertaining to the Advanced Lighting
Technologies, Inc. 1997 Billion Dollar Market Capitalization Incentive Award
Plan, in the Registration Statement (Form S-3 No. 333-58613) pertaining to the
Company's securities and securities of ADLT Trust I and in the Registration
Statement (Form S-4 No. 333-58621) pertaining to the Company's securities of our
report dated September 28, 1998 (except for the tenth paragraph of Note C, as to
which the date is March 15, 1999 and except for the information related to the
year ended June 30, 1998 included in Note L, as to which the date is April 24,
2000), with respect to the consolidated financial statements of Advanced
Lighting Technologies, Inc. for the year ended June 30, 1998, included in this
Annual Report (Form 10-K) for the year ended June 30, 2000.


                                              /s/ Ernst & Young LLP



Cleveland, Ohio
September 11, 2000
#### Harriet Beizer, Appellant, v Robert Funk et al., Respondents.

[774 NYS2d 781]

In an action to recover damages for injury to property, the plaintiff appeals from so much of an order of the Supreme Court, Suffolk County (Underwood, J), dated January 24, 2003, as granted the separate motions of the defendant Robert Funk and the defendants N. Dov Schwartzben and Jill Schwartzben for leave to enter a default judgment on their respective counter*620claims and directed dismissal of the complaint as frivolous pursuant to CPLR 8303-a and 22 NYCRR 130.1.

Ordered that the order is reversed insofar as appealed from, on the law, without costs or disbursements, the motions are denied, the complaint is reinstated, and the matter is remitted to the Supreme Court, Suffolk County, for further proceedings on the merits.

In order to successfully oppose a motion for leave to enter a default judgment based upon the plaintiffs failure to serve a reply to a counterclaim, a plaintiff must establish a reasonable excuse for the delay and demonstrate a meritorious defense *(see Bensimon v Fishman,*242 AD2d 551 [1997]). It is generally left to the sound discretion of the Supreme Court to determine what constitutes a reasonable excuse *(see Scarlett v McCarthy,*2 AD3d 623 [2003]) and a meritorious defense *(see Fidelity & Deposit Co. of Md. v Andersen & Co.,*60 NY2d 693, 695 [1983]). Here, the Supreme Court improvidently exercised its discretion in granting leave to the defendants to enter a default judgment in the face of the plaintiffs opposition.

The plaintiff proffered an excuse of law office failure *(see*CPLR 2005) and referenced her verified complaint to demonstrate a meritorious defense *(see*CPLR 105 [u]; *Salch v Paratore,*60 NY2d 851 [1983]; *Matter of Ajamian,*225 AD2d 992 [1996]). Where, as here, there is no evidence of willfulness, deliberate default, or prejudice to the defendants, the interest of justice is best served by permitting the case to be decided on its merits *(see Photovision Intl. v Thayer,*235 AD2d 467 [1997]; *Matter of Ajamian, supra).*

Furthermore, since neither CPLR 8303-a nor 22 NYCRR 130-1.1 provide an independent basis to dismiss a complaint, the Supreme Court erred in granting this relief. Accordingly, we reinstate the complaint. Altman, J.P., S. Miller, Adams and Mastro, JJ., concur.
EXHIBIT 32.b



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 Boston Capital Tax Credit Fund II Limited Partnership (the "Partnership") on Form 10-Q for the period ended December 31, 2003 as filed with the Securities and Exchange Commission on the date hereof (the "Report"), I, Marc N. Teal, Chief Financial Officer of C&M Management Inc., and Directory of Accounting of Boston Capital Corporation 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, after due inquiry:



|(1) | The Report fully complies with the requirements of section 13(a) or 15(d) of the Securities and 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 Partnership.



|                  | Boston Capital Tax Credit Fund II Limited Partnership
|----------------- | -----------------------------------------------------
|                  |                                                      
|                  | By:                                                  
|                  |                                                      
|                  |                                                      
|                  | By:                                                  
|                  |                                                      
|                  |                                                      
|                  | By:                                                  
|                  |                                                      
|                  |                                                      
|Date:             |                                                      
|February 20, 2004 | By:                                                  
|                  |                                                      
|                  |                                                      
|                  |