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

**CERTIFICATE      PURSUANT TO 18 U.S.C. SECTION 1350, SECTION 906 OF THE SARBANES-OXLEY ACT OF      2002**

|   | 1. | The                quarterly report on Form 10-Q for the quarter ended June 30, 2008                (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 Debt Resolve, Inc. |
|--------|----|------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|

|   | /s/                KENNETH                H. MONTGOMERYKenneth                H. MontgomeryChief                Executive Officer                      |
|--------|--------------------------------------------------------------------------------------------------------------------------------------------------------|
|   |                                                                                                                                                   |
|   | /s/                DAVID                M. RAINEYDavid                M. RaineyPresident                  and Chief                  Financial Officer |

----
I 

111TH CONGRESS 

1ST SESSION H. R. 3986 

To amend title 28, United States Code, to clarify the availability of Federal 

habeas corpus relief for a person who is sentenced to death though 

actually innocent. 

IN THE HOUSE OF REPRESENTATIVES 

NOVEMBER 3, 2009 

Mr. JOHNSON of Georgia (for himself, Mr. NADLER of New York, Mr. CONYERS, Mr. SCOTT of Virginia, Mr. WEINER, Mr. LEWIS of Georgia, and 

Ms. JACKSON-LEE of Texas) introduced the following bill; which was referred to the Committee on the Judiciary 

A BILL 

To amend title 28, United States Code, to clarify the availability of Federal habeas corpus relief for a person who 

is sentenced to death though actually innocent. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Effective Death Pen5 alty Appeals Act’’. 


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2 

•HR 3986 IH

1 SEC. 2. CLARIFICATION OF THE AVAILABILITY OF FEDERAL 

2 HABEAS CORPUS RELIEF FOR A PERSON WHO 

3 IS SENTENCED TO DEATH THOUGH ACTU4 ALLY INNOCENT. 

5 Section 2254(d) of title 28, United States Code, is 

6 amended— 

7 (1) in paragraph (1), by striking ‘‘; or’’ and in8 serting a semicolon; 

9 (2) in paragraph (2), by striking the period and 

10 inserting ‘‘; or’’; and 

11 (3) by adding at the end the following: 

12 ‘‘(3) resulted in, or left in force, a sentence of 

13 death that was imposed without consideration of 

14 newly discovered evidence which, in combination 

15 with the evidence presented at trial, demonstrates 

16 that the applicant is probably not guilty of the un17 derlying offense.’’. 

18 SEC. 3. CONFORMING AMENDMENTS RELATING TO SECOND 

19 AND SUCCESSIVE PETITIONS. 

20 (a) STATE CONVICTIONS.—Section 2244(b) of title 

21 28, United States Code, is amended— 

22 (1) in paragraph (1), by striking ‘‘A’’ and in23 serting ‘‘Except as provided in paragraph (5), a’’; 

24 (2) by adding at the end the following: 

25 ‘‘(5) A claim that an applicant was sentenced to 

26 death without consideration of newly discovered eviVerDate Nov 24 2008 04:36 Nov 04, 2009 Jkt 089200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H3986.IH H3986

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3 

•HR 3986 IH

1 dence which, in combination with the evidence pre2 sented at trial, could reasonably be expected to dem3 onstrate that the applicant is probably not guilty of 

4 the underlying offense may be presented in a second 

5 or successive habeas corpus application.’’. 

6 (b) FEDERAL CONVICTIONS.—Section 2255(h) of 

7 title 28, United States Code, is amended— 

8 (1) in paragraph (1), by striking ‘‘or’’; 

9 (2) by striking the period at the end of para10 graph (2) and inserting ‘‘; or’’; and 

11 (3) by adding at the end the following: 

12 ‘‘(3) a claim that an applicant was sentenced to 

13 death without consideration of newly discovered evi14 dence which, in combination with the evidence pre15 sented at trial, could reasonably be expected to dem16 onstrate that the applicant is probably not guilty of 

17 the underlying offense.’’. 

Æ 


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UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 98-7555

In Re: JAMES L. PADGETT, JR.; ROBERT F. DIEHL,

Petitioners.

On Petition for Writ of Mandamus. (CA-98-1259-12-AK)

Submitted: April 15, 1999 Decided: April 21, 1999

Before NIEMEYER and HAMILTON, Circuit Judges, and PHILLIPS, Senior

Circuit Judge.

Petition denied by unpublished per curiam opinion.

James L. Padgett, Jr., Robert F. Diehl, Petitioners Pro Se.

Unpublished opinions are not binding precedent in this circuit.

See Local Rule 36(c).
2

PER CURIAM:

James L. Padgett, Jr., and Robert F. Diehl have filed a petition for a writ of mandamus from this court seeking an order enjoining the warden of Kershaw Correctional Institution in Kershaw,

South Carolina, from enforcing certain policies regarding prisoners

in the segregation unit at that institution. Mandamus is a drastic

remedy to be used only in extraordinary circumstances. See Kerr v.

United States Dist. Court, 426 U.S. 394, 402 (1976). Mandamus

relief is only available when there are no other means by which the

relief sought could be granted, see In re Beard, 811 F.2d 818, 826

(4th Cir. 1987), and may not be used as a substitute for appeal.

In re Catawba Indian Tribe of S. Carolina, 973 F.2d 1133, 1135 (4th

Cir. 1992). The more appropriate forum for the petitioners’ claims

regarding the warden’s actions is a civil complaint under 42 U.S.C.

§ 1983 (1994). Accordingly, we deny mandamus relief. 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.

PETITION DENIED
Argued and submitted September 30,

sentence vacated; remanded for resentencing; otherwise affirmed November 10, 2004

#### STATE OF OREGON, *Respondent, v.*ANTHONY CORNELL SINIBALDI, *Appellant.*

02C47902; A121060

100 P3d 783

David C. Degner, Deputy Public Defender, argued the cause for appellant. With him on the brief were Peter A. Ozanne, Executive Director, and Peter Gartlan, Chief Defender, Office of Public Defense Services.

Timothy Sylwester, Assistant Attorney General, argued the cause for respondent. On the brief were Hardy Myers, Attorney General, and Mary H. Williams, Solicitor General, and Jonathan H. Fussner, Assistant Attorney General.

Before Edmonds, Presiding Judge, and Wollheim and Schuman, Judges.

PER CURIAM

Sentence vacated; remanded for resentencing; otherwise affirmed. *State v. Sawatzky,*195 Or App 159, 96 P3d 1288 (2004).
Exhibit 10.26


 


TERM NOTE


 


	
  $10,000,000.00

  	
   

  	
  Los Angeles, California

  
	
   

  	
   

  	
  November 6, 2009

  



 


For Value Received, the undersigned, REAL D, a California corporation (“Borrower”), promises to
pay to the order of City National Bank,  a
national banking association (“CNB”), at its Office located at Los Angeles,
California, the principal amount of Ten
Million Dollars ($10,000,000.00), plus interest on the unpaid
principal balance, computed on the basis of a 360-day year, actual days
elapsed, at the rates, times and in accordance with the terms of that certain
Credit and Security Agreement between Borrower and CNB, dated as of July 26,
2007, as it may be amended from time to time (the “Credit Agreement”).
Principal is payable as set forth in the Credit Agreement. Capitalized terms
not defined herein will have the meanings given them in the Credit Agreement.


 


If
payment on this Note becomes due and payable on a non-business day, the
maturity thereof shall be extended to the next business day and, with respect
to payments of principal or interest thereon, shall be payable during such
extension at the then applicable rate. Upon the occurrence of one or more of
the Events of Default specified in the Credit Agreement, all amounts remaining
unpaid on this Term Note may become or be declared to be immediately payable as
provided in the Credit Agreement, without presentment, demand or notice of
dishonor, all of which are expressly waived. Borrower agrees to pay all costs
of collection of this Note and reasonable attorneys’ fees (including attorneys’
fees allocable to CNB’s in-house counsel) in connection therewith, irrespective
of whether suit is brought thereon.


 


This
is the Term Note referred to in the Credit Agreement and is entitled to the
benefits thereof.


 


Upon
CNB’s written notice to Borrower of the occurrence of an Event of Default, the
outstanding principal balance (and interest, to the extent permitted by law) shall bear additional interest
from the date of such notice at the rate of three percent (3.0%) per annum
higher than the interest rate as determined and computed above, provided,
however, for the purposes hereof, a LIBOR Loan shall be treated as a Prime Loan
upon the termination of the Interest Period, and continuing thereafter until
the Event of Default is cured.


 


This
Note shall be governed by the internal law of the state of California without
reference to choice of law provisions.


 


	
  “Borrower”

  	
  REAL D,  a

  
	
   

  	
  California
  corporation

  
	
   

  	
   

  
	
   

  	
   

  
	
   

  	
  By:

  	
  /s/ Michael
  V. Lewis

  
	
   

  	
   

  	
  Michael V. Lewis,  Chairman and Chief  Executive
  Officer
```

[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3788 Referred in Senate (RFS)]

111th CONGRESS
  1st Session
                                H. R. 3788

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                            November 9, 2009

Received; read twice and referred to the Committee on Homeland Security 
                        and Governmental Affairs

_______________________________________________________________________

                                 AN ACT

 
 To designate the facility of the United States Postal Service located 
 at 3900 Darrow Road in Stow, Ohio, as the ``Corporal Joseph A. Tomci 
                        Post Office Building''.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. CORPORAL JOSEPH A. TOMCI POST OFFICE BUILDING.

    (a) Designation.--The facility of the United States Postal Service 
located at 3900 Darrow Road in Stow, Ohio, shall be known and 
designated as the ``Corporal Joseph A. Tomci Post Office Building''.
    (b) References.--Any reference in a law, map, regulation, document, 
paper, or other record of the United States to the facility referred to 
in subsection (a) shall be deemed to be a reference to the ``Corporal 
Joseph A. Tomci Post Office Building''.

            Passed the House of Representatives November 6, 2009.

            Attest:

                                            LORRAINE C. MILLER,

                                                                 Clerk.
```
I 

111TH CONGRESS 

1ST SESSION H. R. 3978 

To amend the Implementing Recommendations of the 9/11 Commission Act 

of 2007 to authorize the Secretary of Homeland Security to accept 

and use gifts for otherwise authorized activities of the Center for Domestic Preparedness that are related to preparedness for and response to 

terrorism, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

NOVEMBER 2, 2009 

Mr. ROGERS of Alabama introduced the following bill; which was referred to 

the Committee on Homeland Security 

A BILL 

To amend the Implementing Recommendations of the 9/ 

11 Commission Act of 2007 to authorize the Secretary 

of Homeland Security to accept and use gifts for otherwise authorized activities of the Center for Domestic 

Preparedness that are related to preparedness for and 

response to terrorism, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘First Responder Anti5 Terrorism Training Resources Act’’. 


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2 

•HR 3978 IH

1 SEC. 2. ACCEPTANCE OF GIFTS FOR FIRST RESPONDER 

2 TERRORISM PREPAREDNESS AND RESPONSE 

3 TRAINING. 

4 Section 1204 of the Implementing Recommendations 

5 of the 9/11 Commission Act of 2007 (6 U.S.C. 1102) is 

6 amended by adding at the end the following new sub7 section: 

8 ‘‘(f) ACCEPTANCE OF GIFTS.— 

9 ‘‘(1) AUTHORITY.—Notwithstanding section 

10 873(b) of the Homeland Security Act of 2002 (6 

11 U.S.C. 453(b)), the Secretary may accept and use 

12 gifts of property, both real and personal, and may 

13 accept gifts of services, including from guest lec14 turers, for otherwise authorized activities of the Cen15 ter for Domestic Preparedness that are related to 

16 preparedness for and response to terrorism. 

17 ‘‘(2) REPORT.—The Secretary shall report an18 nually to the Committee on Homeland Security of 

19 the House of Representatives and the Committee on 

20 Homeland Security and Governmental Affairs of the 

21 Senate— 

22 ‘‘(A) any gifts that were accepted under 

23 this subsection in the preceding year; 

24 ‘‘(B) how such gifts contribute to the mis25 sion of the Center for Domestic Preparedness; 

26 and 


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3 

•HR 3978 IH

1 ‘‘(C) the amount of Federal savings that 

2 were generated from the acceptance of such 

3 gifts.’’. 

Æ 


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```

[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3861 Introduced in House (IH)]

111th CONGRESS
  1st Session
                                H. R. 3861

   To suspend temporarily the duty on 9,10-Anthracenedione, 1,1'-[(6-
     phenyl-1,3,5-triazine-2,4-diyl)diimino]bis[3-acetyl-4-amino-.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                            October 20, 2009

   Mr. Watt introduced the following bill; which was referred to the 
                      Committee on Ways and Means

_______________________________________________________________________

                                 A BILL

 
   To suspend temporarily the duty on 9,10-Anthracenedione, 1,1'-[(6-
     phenyl-1,3,5-triazine-2,4-diyl)diimino]bis[3-acetyl-4-amino-.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. 9,10-ANTHRACENEDIONE, 1,1'-[(6-PHENYL-1,3,5-TRIAZINE-2,4-
              DIYL)DIIMINO]BIS[3-ACETYL-4-AMINO-.

    (a) In General.--Subchapter II of chapter 99 of the Harmonized 
Tariff Schedule of the United States is amended by inserting in 
numerical sequence the following new heading:

``     9902.01.00      9,10-               Free         No change        No change        On or before 12/  ''.
                        Anthracenedione,                                                   31/2011.......
                        1,1'-[(6-phenyl-
                        1,3,5-triazine-
                        2,4-
                        diyl)diimino]bis[
                        3-acetyl-4-amino-
                        . (CAS No. 32220-
                        82-9) (provided
                        for in subheading
                        2921.59.80)......

    (b) Effective Date.--The amendment made by subsection (a) applies 
to articles entered, or withdrawn from warehouse for consumption, on or 
after the 15th day after the date of the enactment of this Act.
                                 <all>
```
<PAGE>

                                                                    Exhibit 32.1

                            CERTIFICATION PURSUANT TO
                  SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002
                            (18 U.S.C. SECTION 1350)

In connection with the Annual Report of Advanced Lighting Technologies, Inc., an
Ohio corporation (the "Company"), on Form 10-K for the year ended June 30, 2003
as filed with the Securities and Exchange Commission (the "Report"), I, Wayne R.
Hellman, Chief Executive Officer of the Company, certify, pursuant to ss.906 of
the Sarbanes-Oxley Act of 2002 (18 U.S.C. ss.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.

/s/ Wayne R. Hellman
--------------------------
Wayne R. Hellman
Chief Executive Officer
October 14, 2003
<TABLE> <S> <C>

<ARTICLE> 5
<MULTIPLIER> 1000
       
<S>                             <C>
<PERIOD-TYPE>                   OTHER
<FISCAL-YEAR-END>                          DEC-31-1998
<PERIOD-START>                             MAY-22-1998
<PERIOD-END>                               DEC-31-1998
<CASH>                                          10,403
<SECURITIES>                                         0
<RECEIVABLES>                                   19,964
<ALLOWANCES>                                     1,003
<INVENTORY>                                     37,702
<CURRENT-ASSETS>                                77,796
<PP&E>                                         223,230
<DEPRECIATION>                                   9,129
<TOTAL-ASSETS>                                 490,753
<CURRENT-LIABILITIES>                           42,191
<BONDS>                                        288,608
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                             0
<OTHER-SE>                                      95,135
<TOTAL-LIABILITY-AND-EQUITY>                   490,753
<SALES>                                        146,003
<TOTAL-REVENUES>                               146,003
<CGS>                                          106,748
<TOTAL-COSTS>                                  106,748
<OTHER-EXPENSES>                                   344
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                              20,407
<INCOME-PRETAX>                                  8,469
<INCOME-TAX>                                     5,714
<INCOME-CONTINUING>                              2,755
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                     2,755
<EPS-PRIMARY>                                        0
<EPS-DILUTED>                                        0
        

</TABLE>
Exhibit 31.2
Cronos Global Income Fund XVI
Rule 13a-14 Certifications
     I, John Kallas, certify that:
     1. I have reviewed this annual report on Form 10-K of Cronos GlobalIncome Fund XVI (the “Registrant”);
     2. Based on my knowledge, this annual report does not contain any untruestatement of a material fact or omit to state a material fact necessary to makethe statements made, in light of the circumstances under which such statementswere made, not misleading with respect to the period covered by this annualreport;
     3. Based on my knowledge, the financial statements, and other financialinformation included in this annual report, fairly present in all materialrespects the financial condition, results of operations and cash flows of theRegistrant as of, and for, the periods presented in this annual report;
     4. The other certifying officer of Cronos Capital Corp. (“CCC”), theGeneral Partner of the Registrant, and I are responsible for establishing andmaintaining disclosure controls and procedures (as defined in Exchange ActRules 13a-14 and 15d-14) for the Registrant and we have:
          (a) designed such disclosure controls and procedures, or caused suchdisclosure controls and procedures to be designed under our supervision, toensure that material information relating to the Registrant, including itsconsolidated subsidiaries, is made known to us by others within those entities,particularly during the period in which this quarterly report is beingprepared; and
          (b) evaluated the effectiveness of the Registrant’s disclosure controlsand procedures and presented in this annual report our conclusions about theeffectiveness of the disclosure 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 Registrant’s internalcontrol over financial reporting that occurred during the Registrant’s mostrecent fiscal quarter (the Registrant’s fourth fiscal quarter in the case of anannual report) that has materially affected, or is reasonably likely tomaterially affect, the Registrant’s internal control over financial reporting.
     5. CCC’s other certifying officer and I have disclosed, based on our mostrecent evaluation of internal control over financial reporting, to theRegistrant’s auditors and the Audit Committee of Registrant’s Board ofDirectors (or persons performing the equivalent function):
          (a) all significant deficiencies and material weaknesses in the design oroperation of internal control over financial reporting which are reasonablylikely to adversely affect the Registrant’s ability to record, process,summarize and report financial information; and
          (b) any fraud, whether or not material, that involves management or otheremployees who have a significant role in the Registrant’s internal control overfinancial reporting.
Date: March 26, 2004
/s/ JOHN KALLAS