alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### David W. SWISHER *v.*STATE of Arkansas

CR 74-64

514 S.W. 2d 218

Opinion delivered September 23, 1974

([Amended on Denial of Rehearing October 28, 1974.]

*25*Harold Hall,*Public Defender, by: *John W. Achor,*Chief Dep. Public Defender, for appellant.

*Jim Guy Tucker,*Atty. Gen., by: *0. H. Hargraves,*Dep. Atty. Gen., for appellee.

JOHN A. FoGLEMAN, Justice.

Appellant filed a motion for post-conviction relief under Criminal Procedure Rule 1 from his conviction of forgery and uttering on October 9, 1973 in a trial in which he was represented by the public defender. No appeal was taken. The only ground for reversal of the circuit court judgment denying appellant relief is the assertion that the court erred in refusing to admit some paper, which he asserts, without support in the record, would have established that he was not released from the Texas State penitentiary until after the crimes of which he was found guilty had been committed. No explanation is offered for appellant’s failure to appeal.

Criminal Procedure Rule 1 was not designed to permit review of mere error in the conduct of a trial and it is not a substitute for a direct appeal. *Clark*v. *State,*255 Ark. 13, 498 S.W. 2d 657. The rule permits review only to determine whether a sentence is subject to collateral attack for violation of constitutional rquirements or statutory enactments or for other such reasons. *Thacker*v. *Urban,*246 Ark. 956, 440 S.W. 2d 553. Even if we should hold that the paper (of which no proffer was made1) was admissible, either as an official document or a business record (and we do not) this would not afford any basis for relief under our rule governing post-conviction relief. Errors in ruling on competency of evidence are not a basis for collateral attack under Criminal Procedure Rule 1.

The judgment is affirmed.

1

It is true that appellant’s counsel asked to be permitted to introduce this paper, but no proffer was made for the record, so it is impossible for us to know its content or review the court’s ruling, even if it were otherwise admissible. See *Cy Carney Appliance Co.*v. True, 226 Ark. 961, 295 S.W. 2d 768, 61 A.L.R. 2d 1264; *Arkansas State Life Ins. Co.*v. *Allen,*166 Ark. 490, 266 S.W. 449; 7. .7. *Ellis & Co.*v. *Farrell,*146 Ark. 274, 225 S.W. 349.
Court of Appeals of the State of Georgia Clerk's Office, Atlanta, December 12, 2014. I certify that the above is a true extract from the minutes of the Court of Appeals of Georgia. Witness my signature and the seal of said court hereto affixed the day and year last above written. , Clerk. 

# Court of Appeals of the State of Georgia
ATLANTA, December 12, 2014 The Court of Appeals hereby passes the following order A15I0068. TALBOT CONSTRUCTION, INC. v. EASTSIDE CONCRETE CONTRACTORS, INC..
Upon consideration of the Application for Interlocutory Appeal, it is ordered that it be hereby DENIED.
LC NUMBERS: 08CV0691
**Exhibit 99.2**

 

Certification pursuant toSection 1350 of Chapter 63 of Title 18 of the United States Code

 

I, David Obstler, the ChiefFinancial Officer and Treasurer of Pinnacor Inc. (the “Company”), certify that(i) the Company’s 10-Q for the quarter ended September 30, 2002 fully complieswith the requirements of Section 13(a) or 15(d) of the Securities Exchange Actof 1934 and (ii) the information contained in such 10-Q fairly presents, in allmaterial respects, the financial condition and results of operations of theCompany.

 

 
| /s/ David  Obstler |   |
|--------------------|--------|

David Obstler, CFO &Treasurer

Date: November 14, 2002

 

----
```

[Federal Register Volume 76, Number 110 (Wednesday, June 8, 2011)]
[Notices]
[Page 33399]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-14171]

-----------------------------------------------------------------------

DEPARTMENT OF STATE

[Public Notice 7494]

Waiver of Restriction on Assistance to the Central Government of 
Tajikistan

    Pursuant to Section 7086(c)(2) of the Department of State, Foreign 
Operations, and Related Programs Appropriations Act, 2010 (Division F,
    Pub. L. 111-117), as carried forward by the Full-Year Continuing 
Appropriations Act, 2011 (Div. B, Pub. L. 112-10) (``the Act''), and 
Department of State Delegation of Authority Number 245-1, I hereby 
determine that it is important to the national interest of the United 
States to waive the requirements of Section 7086(c)(1) of the Act with 
respect to Tajikistan and I hereby waive such restriction.
    This determination shall be reported to the Congress, and published 
in the Federal Register.

    Dated: May 26, 2011. ------------------------------------------
--------
Thomas Nides,
 Deputy Secretary of State
    for Management and Resources .
[FR Doc. 2011-14171 Filed 6-7-11; 8:45 am]
BILLING CODE 4710-46-P
```
Exhibit 1


[PricewaterhouseCoopers GRAPHIC OMITTED]


                                             PricewaterhouseCoopers LLP
                                             Chartered Accountants
                                             1250 Rene-Levesque Boulevard West
                                             Suite 2800
                                             Montreal, Quebec
                                             Canada H3B 2G4
                                             Telephone +1 (514) 205 5000
                                             Facsimile +1 (514) 205 5675




April 2, 2004



Consent of Independent Accountants



We hereby consent to the inclusion in this Annual Report on Form 40-F of Air
Canada of our report to the shareholders on the 2003 annual consolidated
financial statements dated April 2, 2004 and our report to the Board of
Directors on the Schedule of Differences Between Generally Accepted Accounting
Principles in Canada and the United States (U.S. GAAP Schedule) dated April 2,
2004, except for note 7 to the U.S. GAAP Schedule which is as of April 7,
2004. We also consent to the inclusion in this Annual Report on Form 40-F of
Air Canada of our Comments by Auditor on Canada-U.S. Reporting Differences.

We also consent to the incorporation in the Registration Statement on Form S-8
(No. 333-10074) of our report to the shareholders dated April 2, 2004 relating
to the 2003 annual consolidated financial statements, our report to the Board
of Directors on the Schedule of Differences Between Generally Accepted
Accounting Principles in Canada and the United States (U.S. GAAP Schedule)
dated April 2, 2004, except for note 7 to the U.S. GAAP Schedule which is as
of April 7, 2004 and our Comments by Auditor on Canada-U.S. Reporting
Differences, all of which appear in Air Canada's Annual Report on Form 40-F
for the year ended December 31, 2003.


/s/ PricewaterhouseCoopers LLP

Chartered Accountants
<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-4 No. 333-58609) pertaining to the
Company's 8% Senior Notes due 2008, 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
sixth paragraph of Note C, as to which the date is March 15, 1999, with respect
to the consolidated financial statements of Advanced Lighting Technologies,
Inc. as of June 30, 1998 and for each of the two years in the period ended June
30, 1998, included in this Annual Report (Form 10-K) for the year ended June
30, 1999.


                                                /s/ Ernst & Young LLP



Cleveland, Ohio
September 24, 1999
TradeOn Inc.: Exhibit 10.16 - Filed by newsfilecorp.com











Exhibit 10.16 


Summary of Loan Contract 


Summary of Loan Contract Entered into by and between Changzhou Wujin Best Cable Co., Ltd. ("the Company") and Changzhou Wunjin Branch, Agricultural Bank of China ("the Creditor") dated October 15,
2009


Main contents 

	
Contract number: 32101200900027962;

	
Loan principal: RMB 3 million;

	
Loan term: from October 15, 2009 to April 14, 2010;

	
Floating interest rate: annually 5.832%, rate adjustment in a 3-month cycle;

	
Interest accrued and settled per month, interest settlement day is the 20th day of each month;

	
Penalty interest rate for delayed repayment: 5.832% plus 50% *5.832%;

	
Penalty interest rate for embezzlement of loan proceeds: 5.832% plus 100% *5.832%;

	
Purpose of the loan is to provide short term working capital;

	
Advanced repayment of loan needs to be approved by the Creditor;

	
Breach of contract penalties: correct the breach of contract in time limit; suspension of loan unprovided; release loan agreement, demand prepayment of loan principal and interest before maturity; imposition of punitive interest incurred due to
delayed loan; imposition of punitive interest for embezzlement of loan; imposition of plural interest for unpaid interest; withdraw from any accounts of the Company the loan principal, interest and other fees; compensation for the Creditor’s
expenses incurred due to demanding the loan principal and interest in case of litigation, etc.
Exhibit 35.1

Servicer Compliance Statement of AmeriCredit Financial Services, Inc.

This Annual Statement as to Compliance is delivered to you pursuant to Section 4.10 (a) of the Sale and Servicing Agreement dated as of April 4,
2011 (the Agreement) and Item 1123 of Regulation AB, executed in connection with the formation of AmeriCredit Automobile Receivables Trust 2011-2 (the Trust), the issuance of the Notes by the Trust and the closing of the
transactions and the execution and delivery of the various documents by General Motors Financial Company, Inc. (f/k/a AmeriCredit Corp.), AmeriCredit Financial Services, Inc. (the Servicer) and AFS SenSub Corp. in connection therewith.
The capitalized terms used herein shall have the same meanings as in the Agreement.

The undersigned certifies that I am the Executive
Vice President, Corporate Controller and Chief Accounting Officer of the Servicer. I further certify as follows:



| | 1. | I have conducted, or caused to be conducted under my supervision, a review of the Servicer during the preceding period from January 1, 2014 through December 31, 2014, and its performance under the Agreement.
| | -- | ---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------



| | 2. | To the best of my knowledge, following such review, the Servicer has fulfilled all its obligations under the Agreement throughout such period, and, to the best of my knowledge, there has been no default in the
fulfillment of any such obligation.
| | -- | -----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------

AmeriCredit Financial Services, Inc.



|    |  |                                         |  |                      
|--- |  | --------------------------------------- |  | ---------------------
|By: |  | /s/ Connie Coffey                       |  | Dated: March 30, 2015
|    |  | Connie Coffey                           |  |                      
|    |  | Executive Vice President, Corporate     |  |                      
|    |  | Controller and Chief Accounting Officer |  |
```

[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3906 Introduced in House (IH)]

111th CONGRESS
  1st Session
                                H. R. 3906

To amend title 38, United States Code, to authorize appropriations for 
    the Department of Veterans Affairs program to provide financial 
assistance for supportive services for very low-income veteran families 
                         in permanent housing.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                            October 22, 2009

  Mr. Teague introduced the following bill; which was referred to the 
                     Committee on Veterans' Affairs

_______________________________________________________________________

                                 A BILL

 
To amend title 38, United States Code, to authorize appropriations for 
    the Department of Veterans Affairs program to provide financial 
assistance for supportive services for very low-income veteran families 
                         in permanent housing.

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

SECTION 1. AUTHORIZATION OF APPROPRIATIONS FOR DEPARTMENT OF VETERANS 
              AFFAIRS PROGRAM TO PROVIDE FINANCIAL ASSISTANCE FOR 
              SUPPORTIVE SERVICES FOR VERY LOW-INCOME VETERAN FAMILIES 
              IN PERMANENT HOUSING.

    Section 2044(e) of title 38, United States Code, is amended--
            (1) in paragraph (1), by adding at the end the following 
        new subparagraphs:
            ``(D) $50,000,000 for fiscal year 2012.
            ``(E) $75,000,000 for fiscal year 2013.
            ``(F) $100,000,000 for each subsequent fiscal year.''; and
            (2) in paragraph (3), by striking ``each of the fiscal year 
        2009 through 2011'' and inserting ``each fiscal year''.
                                 <all>
```
**EXHIBIT
      32.1**





**CERTIFICATION
      OF PRINCIPAL EXECUTIVE OFFICER PURSUANT TO**


**RULE
      13a-14(b)/15d-14(b) OF THE SECURITIES EXCHANGE ACT OF 1934
      AND**


**18
      U.S.C. SECTION 1350**




In
      connection with the Quarterly Report of Euagene Science, Inc. (the “Company”) on
      Form 10-QSB for the quarterly period ended March 31, 2007 as filed with the
      Securities and Exchange Commission on the date hereof (the “Report”), I, Seung
      Kwon Noh, certify, pursuant to Rule 13a-14(b) or Rule 15d-14(b) under the
      Securities Exchange Act of 1934 and 18 U.S.C. 1350, 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.




Date:
                May 21, 2007
            /s/
                Seung Kwon NohSeung
                Kwon NohPresident
                & Chief Executive Officer(Principal
                Executive Officer)




This
      certification accompanies this Report pursuant to Rule 13a-14(b) or 15d-14(b)
      under the Securities Exchange Act of 1934 and 18 U.S.C. Section 1350 and shall
      not be deemed filed by the Company for purposes of Section 18 of the Securities
      Exchange Act of 1934.
I 

111TH CONGRESS 

1ST SESSION H. R. 4275 

To designate the annex building under construction for the Elbert P. Tuttle 

United States Court of Appeals Building in Atlanta, Georgia, as the 

‘‘John C. Godbold United States Judicial Administration Building’’. 

IN THE HOUSE OF REPRESENTATIVES 

DECEMBER 10, 2009 

Mr. LEWIS of Georgia (for himself, Mr. JOHNSON of Georgia, Mr. SCOTT of 

Georgia, Mr. BISHOP of Georgia, Mr. MARSHALL, Mr. BARROW, Mr. 

DEAL of Georgia, Mr. WESTMORELAND, Mr. GINGREY of Georgia, Mr. 

PRICE of Georgia, Mr. BROUN of Georgia, Mr. KINGSTON, and Mr. LINDER) introduced the following bill; which was referred to the Committee 

on Transportation and Infrastructure 

A BILL 

To designate the annex building under construction for the 

Elbert P. Tuttle United States Court of Appeals Building in Atlanta, Georgia, as the ‘‘John C. Godbold United 

States Judicial Administration Building’’. 

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

3 SECTION 1. DESIGNATION. 

4 The annex building under construction for the United 

5 States courthouse located 56 Forsyth Street in Atlanta, 

6 Georgia, know as the Elbert P. Tuttle United States Court 


srobinson on DSKHWCL6B1PROD with BILLS
2 

•HR 4275 IH

1 of Appeals Building, shall be known and designated as the 

2 ‘‘John C. Godbold United States Judicial Administration 

3 Building’’. 

4 SEC. 2. REFERENCES. 

5 Any reference in a law, map, regulation, document, 

6 paper, or other record of the United States to the annex 

7 building referred to in section 1 shall be deemed to be 

8 a reference to the ‘‘John C. Godbold United States Judi9 cial Administration Building’’. 

Æ 


srobinson on DSKHWCL6B1PROD with BILLS
<PAGE>

                                                                     Exhibit 3.4

                            CERTIFICATE OF AMENDMENT
                          CERTIFICATE OF INCORPORATION
                             OF CLICK COMMERCE, INC.

                            (a Delaware corporation)

     Click Commerce, Inc., a corporation organized and existing under the
Delaware General Corporation Law (the "DGCL") DOES HEREBY CERTIFY:

     FIRST: The name of the corporation is Click Commerce, Inc. The original
Certificate of Incorporation of Click Commerce, Inc. was filed with the
Secretary of State of Delaware on August 20, 1996 (as amended from time to time,
the "Certificate of Incorporation").

     SECOND: Pursuant to Section 242(b) of the Delaware General Corporation Law
(the "DGCL") the Board of Directors of the corporation has duly adopted, and a
majority of the outstanding stock entitled to vote thereon has approved, the
amendment to the Certificate of Incorporation of the corporation set forth in
this Certificate of Amendment.

     THIRD: Pursuant to Section 242 of the DGCL, the text of the Certificate of
Incorporation is hereby amended to add the following paragraph to Article IV:

     "Effective on the date of filing of this Certificate of Amendment with the
     Delaware Secretary of State (the "Effective Date"), every five (5)
     outstanding shares of common stock of the corporation will be combined into
     and automatically become one (1) outstanding share of common stock of the
     corporation and the authorized shares of the corporation shall remain as
     set forth in the corporation's Certificate of Incorporation. No fractional
     share shall be issued in connection with the foregoing stock split; each
     fractional share held by a stockholder resulting from such split shall be
     rounded down to the nearest whole share. In lieu of any interest in a
     fractional share to which a stockholder would otherwise be entitled as a
     result of the foregoing split, the corporation shall pay a cash amount to
     such stockholder equal to the fair value of such fractional share as of the
     end of the trading day immediately preceding the Effective Date of the
     foregoing split."

     IN WITNESS WHEREOF, the corporation has caused this Certificate of
Amendment to be signed by its duly authorized officer this 30th day of August,
2002, and the foregoing facts stated herein are true and correct.


                                       CLICK COMMERCE, INC.

                                       By: /s/ Michael W. Nelson
                                           -------------------------------------
                                       Name:  Michael W. Nelson
                                       Title: Chief Financial Officer
ex102june2010.htm






Exhibit 10.2


CHYRON CORPORATION


 5 Hub Drive


 Melville, New York 11747







June 11, 2010







Mr. Jerry Kieliszak


3461 Homestead Avenue


Wantagh, New York 11793







Re: Amendment to Change-in-Control Agreement







Dear Jerry:







The following sets out our agreement to amend (the “Amendment”) your Change-in-Control Agreement dated October 26, 2007 (the “Agreement”) with Chyron Corporation (the “Company”).  This Amendment replaces all of Section 1.1 of the Agreement.  This Amendment shall not affect any other provision of the Agreement, or the severance benefits set forth in your Terms of Severance Agreement dated October 26, 2007.







 


Section 1.1 of the Agreement is amended in its entirety to read as follows:


 


In the event of a Severance Event, the Company shall pay you severance equal to the following:  (i) an amount equal to your base salary for a 12 month period based on your base salary rate in effect immediately prior to a Change-in-Control (the “Severance Salary”); (ii) a bonus equal to the greater of (x) the bonus paid to you for the full fiscal year immediately prior to a Change-in-Control and (y) the bonus that you have accrued for the fiscal year in which the Change-in-Control has occurred, with such amount being annualized (the “Severance Bonus”); and (iii) an amount, grossed up for  federal, state and local taxes, in lieu of one year of participation in the Company’s life, long-term disability, and health insurance plans, as described further below (the “Severance Benefits”).  The payments are not subject to mitigation or any right of set-off.  In addition you will be paid for accrued, but unused vacation time up to the Company’s maximum permitted accrual of six weeks.  Further, any unvested equity-based award (the “Equity Award”) issued to you pursuant to the Company’s 1999 Incentive Compensation Plan, 2008 Long-Term Incentive Plan, or other such incentive compensation plan adopted by the Company (collectively, the “Plan”), shall immediately vest and the period to exercise the Equity Award shall be the remaining term of each respective agreement underlying the Equity Award regardless of any shorter periods provided for by the Plan as a result of the termination of your employment.








	  	
Very truly yours,


	  	
Chyron Corporation


	  	  
	  	
By:  /s/ Michael Wellesley-Wesley


	  	
Name:  Michael Wellesley-Wesley


	  	
Title:  President & CEO


	
AGREED AND ACCEPTED

	  
	
This 14th day of June 2010

	  
	  	  
	
/s/  Jerry Kieliszak

	  
	
Jerry Kieliszak

	  
	
Senior Vice President &

	  
	
Chief Financial Officer
IN THE SUPREME COURT OF PENNSYLVANIA

MIDDLE DISTRICT

COLLEEN M. BRADLEY,

Appellant

v.

WEST CHESTER UNIVERSITY,

Appellee

:

:

:

:

:

:

:

:

:

:

:

No. 59 MAP 2022

Appeal from the Order of the 

Commonwealth Court at 

No. 18 MD 2020 dated 

April 1, 2022

ORDER

PER CURIAM DECIDED: March 21, 2023

AND NOW, this 21st day of March, 2023, the order of the Commonwealth Court is 

AFFIRMED.