alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
<PAGE>   1
 
                                                                      EXHIBIT 11
 
                           COHR INC. AND SUBSIDIARIES
 
                       COMPUTATION OF PER SHARE EARNINGS
                   (IN THOUSANDS, EXCEPT EARNINGS PER SHARE)
 
<TABLE>
<CAPTION>
                                                            THREE MONTHS
                                                                ENDED           SIX MONTHS ENDED
                                                            SEPTEMBER 30,         SEPTEMBER 30,
                                                          -----------------     -----------------
                                                           1997       1996       1997       1996
                                                          ------     ------     ------     ------
<S>                                                       <C>        <C>        <C>        <C>
NET INCOME ATTRIBUTABLE TO COMMON STOCK.................  $1,268     $1,064     $2,827     $1,995
                                                          ======     ======     ======     ======
PRIMARY EARNINGS PER SHARE:
  Weighted average number of common shares
     outstanding........................................   6,433      4,570      6,426      4,566
  Dilutive effect of stock options and warrants after
     application of treasury stock method...............     209        262        224        266
                                                          ------     ------     ------     ------
  Number of shares used to compute primary earnings per
     share..............................................   6,642      4,832      6,650      4,832
Primary earnings per share..............................   $0.19      $0.22      $0.43      $0.41
                                                           =====      =====      =====      =====
</TABLE>
<PAGE>
 
Exhibit 99.3 Press Release



PRESS RELEASE
March 26, 1999

                              For further information contact:
                              David M. Bradley
                              Chairman, President and Chief Executive Officer
                              North Central Bancshares, Inc.
                              825 Central Avenue
                              Fort Dodge, Iowa 50501
                              515-576-7531

                   NORTH CENTRAL BANCSHARES, INC. ANNOUNCES
                           STOCK REPURCHASE PROGRAM

Fort Dodge, Iowa, March 26, 1999 - North Central Bancshares, Inc. (Nasdaq:
"FFFD") (the "Company"), the holding company for First Federal Savings Bank of
Iowa, announced that it will commence a stock repurchase program beginning on or
about three business days after the release of the Company's first quarter
earnings for 1999. The program authorizes the Company to repurchase up to 5.1%
or 150,000 shares of its 2,957,242 outstanding shares of common stock during the
next twelve months. The repurchases will be made from time to time, in open
market transactions, at the discretion of management.

North Central Bancshares, Inc., with over $335 million in assets, is the holding
company for First Federal Savings Bank of Iowa, a federally chartered stock
savings bank.  First Federal is a community-oriented institution serving Iowa
through 7 full service locations in Fort Dodge, Nevada, Ames, Burlington and Mt.
Pleasant, Iowa.  First Federal's deposits are insured by the Federal Deposit
Insurance Corporation.
<PAGE>

                            CERTIFICATE OF AMENDMENT
                                  OF THE BYLAWS
                                        OF
                                  MOSSIMO, INC.,
                             A DELAWARE CORPORATION


     The undersigned, Mossimo Giannulli, hereby certifies that he is the duly 
elected Chief Executive Officer of Mossimo, Inc., a Delaware corporation (the
"Company"), and that attached hereto as Exhibit A is a true, correct and 
complete copy of the Amendment to Section 3.2 of Article 3 of the Bylaws of 
the Company as duly adopted by the Board of Directors on March 4, 1998.

     IN WITNESS WHEREOF, the undersigned has executed this Certificate as of 
March 4, 1998.



                                        /s/ MOSSIMO GIANNULLI
                                        -----------------------------------
                                        Mossimo Giannulli
                                        Chief Executive Officer







                                      A-1

<PAGE>

                                   EXHIBIT A
                                   ---------

                     AMENDMENT TO SECTION 3.2 OF ARTICLE 3
                                 OF THE BYLAWS 
                               OF MOSSIMO, INC.,
                             A DELAWARE CORPORATION


     Section 3.2 of Article 3 of the Bylaws of Mossimo, Inc. is hereby amended 
to read in its entirety as follows:

     Section 3.2 NUMBER OF DIRECTORS. The authorized number of directors 
which shall constitute the Board shall not be less than two (2) nor more than 
(5). The exact number shall be fixed by a resolution duly adopted by the 
board of directors. When permitted under applicable law, the directors shall 
be divided into three classes, designated Class I, Class II and Class III 
(which classes are described in the Certificate of Incorporation) until 
changed by a proper resolution of the board of directors. Each class shall 
consist, as nearly as may be possible, of one-third of the total number of 
directors constituting the entire board of directors. No reduction of the 
authorized number of directors shall have the effect of removing any director 
before that director's term of office expires.

                                      A-2
Exhibit 32.1



CERTIFICATION PURSUANT TO

18 U.S.C. SECTION 1350

AS ADOPTED PURSUANT TO

SECTION 906 OF
THE SARBANES-OXLEY ACT OF 2002



The undersigned, Brian J. Martin,
President (chief executive officer) of the managing owner, Prudential Securities Futures Management Inc. (the Managing Owner), of Prudential Securities Strategic Trust (the Trust), hereby certifies, pursuant to 18 U.S.C.
1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that:



| | (1) | The Trusts Quarterly Report on Form 10-Q for the period ending June 30, 2004, as filed with the Securities and Exchange Commission on the date hereof (the Quarterly 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 Quarterly Report fairly presents, in all material respects, the financial condition and results of operations of the Trust.
| | --- | ------------------------------------------------------------------------------------------------------------------------------------------------------------



|                                                                                          |  |  |  | 
|----------------------------------------------------------------------------------------- |  |  |  | 
|/s/ Brian J. Martin                                                                       |  |  |  | 
|Brian J. Martin President (chief executive officer) of the Managing Owner August 13, 2004 |  |
Exhibit
32.4














CERTIFICATION
OF CHIEF FINANCIAL


OFFICER
REGARDING PERIODIC REPORT CONTAINING


FINANCIAL
STATEMENTS









I,
Jeffrey T. Fisher, the Chief Financial Officer of CCH II, LLC and CCH II Capital
Corp. (the "Company") in compliance with 18 U.S.C. Section 1350, as adopted
pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, hereby certify that,
the Company's Annual Report on Form 10-K for the year ended December 31,
2007 (the "Report") filed with the Securities and Exchange
Commission:




·
            fully
      complies with the requirements of Section 13(a) of the Securities Exchange
      Act of 1934; and




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











/s/ Jeffrey T.
Fisher


Jeffrey T.
Fisher


Chief Financial
Officer


(Principal Financial
Officer)


March 21,
2008
* Pursuant to 5 TH C IR . 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 5 TH C IR . R. 47.5.4. IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

No. 97-50890 Summary Calendar

RAYMUNDO DE LA ROSA, Petitioner-Appellant,

versus GARY L. JOHNSON, DIRECTOR, TEXAS DEPARTMENT OF CRIMINAL JUSTICE, INSTITUTIONAL DIVISION, Respondent-Appellee.

- - - - - - - - - - Appeal from the United States District Court for the Western District of Texas

USDC No. P-96-CV-47

- - - - - - - - - - September 4, 1998 Before KING, BARKSDALE, and STEWART, Circuit Judges.
PER CURIAM: * Raymundo De La Rosa, Texas prisoner # 695424, appeals the district court’s dismissal of his 28 U.S.C. § 2254 petition. De La Rosa argues that trial counsel was ineffective for failing to adequately investigate the facts relating to his case and to correct the trial judge’s misstatement of the charge during his guilty plea hearing. We have reviewed the record, the briefs of the parties, andNo. 97-50890 -2- we find no reversible error. Accordingly, we affirm for the reasons stated by the district court. See De La Rosa v. Johnson , No. P-96-CV-47 (W.D. Tex. Sept. 24, 1997).
AFFIRMED.
<PAGE>

                                                                    EXHIBIT 32.2

              CERTIFICATION OF PRINCIPAL EXECUTIVE 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 on Form 10-K of Art Technology Group,
Inc. (the "Company") for the period ended December 31, 2005, as filed with the
Securities and Exchange Commission on the date hereof (the "Report"), the
undersigned, Julie M.B. Bradley, Senior Vice President of Finance and Chief
Financial Officer of the Company, hereby certifies, to her best knowledge and
belief, 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 the Report fairly presents, in all
            material respects, the financial condition and results of operations
            of the Company.

                                      /s/ JULIE M.B. BRADLEY
                    ------------------------------------------------------------
                                            Julie M.B. Bradley
                    Senior Vice President of Finance and Chief Financial Officer
                                   (principal financial officer)

Date: March 13, 2006
#### Lloyd BRULOTTE, an individual, and Melvin J. Newhouse, an individual, Appellants, v. Laurent REGIMBAL, an individual, and Fred Thurmer, an individual, Appellees.

No. 20736.

United States Court of Appeals Ninth Circuit.

Nov. 21, 1966.

Rehearing Denied Jan. 4, 1967.

*1004Arlington C. White, Margaret E. White, of White & White, San Francisco, Cal., C. W. Halverson, of Halverson, Applegate, McDonald & Weeks, Yakima, Wash., for appellants.

Gavin, Robinson, Kendrick, Redman & Mays, Yakima, Wash., Seed & Berry, Seattle, Wash., for appellees.

Before MADDEN, Judge of the Court of Claims, and MERRILL and BROWNING, Circuit Judges.

PER CURIAM:

In our judgment the court’s award of counsel fees for services involved in securing answers to interrogatories was well within the scope of its discretionary authority and did not constitute abuse of discretion. We attach no significance to the fact that the court worded its order in terms of the deposition during the taking of which answers to the interrogatories were refused, nor to the fact that in determining whether the interrogatories should be answered the court examined the incomplete deposition to ascertain the scope of the examination.

Affirmed.
#### Gregory DABBS, Plaintiff-Appellant, v. PEORIA COUNTY, ILLINOIS, et al., Defendants-Appellees.

No. 17-1305

United States Court of Appeals, Seventh Circuit.

Submitted June 14, 2017 *

Decided June 15, 2017

Gregory Dabbs, Pro Se

Before JOEL M. FLAUM, Circuit Judge, ILANA DIAMOND ROVNER, Circuit Judge, ANN CLAIRE WILLIAMS, Circuit Judge

*

 We have agreed to decide the case without oral argument because the brief and record adequately present the facts and legal arguments, and oral argument would not significantly aid the court. Fed. R, App. P. 34(a)(2)(C). The defendants were not served with process in the district court and are not participating in this appeal.

ORDER

Gregory Dabbs, an Army veteran, appeals the dismissal of his civil-rights suit against Peoria County and two county officials for constitutional violations arising out of (1) the denial of his application for state veterans’ benefits and (2) a subsequent altercation that resulted in his arrest. The district court concluded that his complaint did not state a claim upon which relief could be granted and. dismissed it. *See*28 U.S.C. § 1915(e)(2)(B)(ii). We agree that his allegations do not state a claim and affirm.

As he set forth in his amended complaint, Dabbs, through an Illinois veterans program, requested payment from Peoria County for a utility bill. The defendants, he alleges, unlawfully denied his request, and as a result he was without utilities for more than a month. Dabbs also alleges that days after he was denied payment, he was unlawfully arrested for “petty disorderly conduct” and involuntarily committed to a local hospital. Roughly one year later Dabbs brought this lawsuit and, in his amended complaint, asserts that his constitutional rights were violated. He does not, however, identify the particular defendants or misconduct that caused these violations.

The district court screened the amended complaint under § 1915(e)(2)(B)(ii) and dismissed it with prejudice for failure to staté a claim'. Dabbs, the court explained, did not “provide more than wholesale recitations of legal conclusions, which are devoid of facts upon which a claim of relief can be granted,” nor did he give the defendants proper notice of the particular claims he meant to assert.

Dabbs’s brief on appeal does not develop any argument, *see*Fed. R. App. P. *41728(a)(8)(A), but we can discern at least one issue for review — whether the district court wrongly determined that the defendants “would not understand what they were being sued for.” But even if we, as did the district court, give Dabbs’s amended complaint the lenient reading that pro se pleadings deserve, his conclusory assertions of constitutional violations do not specify which defendants were responsible for which allegedly unlawful acts. To survive a motion to dismiss, a complaint must give defendants “fair notice of what the ... claim is and the grounds upon which it rests,” *Bell Atl. Corp. v. Twombly,*550 U.S. 544, 555, 127 S.Ct. 1955, 167 L.Ed.2d 929 (2007) (internal quotation marks and citation omitted). Because Dabbs’s amended complaint does not meet this requirement, the judgment is

AFFIRMED.
#### Gurmukh SINGH, Petitioner, v. Jefferson B. SESSIONS III, Attorney General, Respondent.

No. 18-72892

United States Court of Appeals, Ninth Circuit.

Submitted April 11, 2017 *

Filed April 26, 2017

Audra Rose Behne, Law Office of Audra R. Behne, Encino, CA, for Petitioner

Ann M. Welhaf, Attorney, OIL, DOJ— U.S. Department of Justice, Civil Division/Office of Immigration Litigation, Washington, DC, Chief Counsel ICE, Office of the Chief Counsel, Department of Homeland Security, San Francisco, CA, for Respondent

Before: GOULD, CLIFTON, and HURWITZ, Circuit Judges.

*

 The panel unanimously concludes this case is suitable for decision without oral argument. *See*Fed. R. App. P. 34(a)(2).

MEMORANDUM **

Gurmukh Singh, a native and citizen of India, petitions for review of the Board of Immigration Appeals’ (“BIA”) order denying his motion to reopen removal proceedings. Our jurisdiction is governed by 8 U.S.C. § 1262. We review for abuse of discretion the denial of a motion to reopen, and review de novo questions of law, including claims of due process violations due to ineffective assistance. *Mohammed v. Gonzales,*400 F.3d 785, 791-92 (9th Cir. 2005). We deny in part and dismiss in part the petition for review.

The BIA did not abuse its discretion in denying Singh’s motion to reopen based on ineffective assistance of counsel, where Singh failed to establish prejudice resulting from his prior attorney’s alleged ineffective assistance. *See id,*at 793-94 (to prevail on an ineffective assistance of counsel claim, a petitioner must demonstrate that counsel’s performance may have affected the outcome of the proceedings).

We lack jurisdiction to consider Singh’s unexhausted contention regarding his wife’s asylum status. *See Tijani v. Holder,*628 F.3d 1071, 1080 (9th Cir. 2010).

We do not reach Singh’s remaining contentions regarding equitable tolling, the alleged ineffectiveness of prior counsel, and his compliance with the requirements of *Matter of Lozada,*19 I. & N. Dec. 637 (BIA 1988). *See Najmabadi v. Holder,*597 F.3d 983, 986 (9th Cir. 2010) (review is limited to the actual grounds relied upon *473by the BIA); *Simeonov v. Ashcroft,*371 F.3d 532, 538 (9th Cir. 2004) (courts and agencies are not required to decide issues unnecessary to the results they reach).

PETITION FOR REVIEW DENIED in part; DISMISSED in part.

**

 This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3.
#### Root Neal & Co., Respondent, *v.*Edward J. Creadon et al., Doing Business Under the Name of P. W. Graham Contracting Co., et al., Appellants, and Buffalo Sewer Authority; et al., Respondents.

Argued March 5, 1943;

decided April 15, 1943.

*734
      *Clayton M. Smith*for Mary C. Malone, doing business under the name of P. W. Graham Contracting Co. et ah, appellants.

*Sebastian J. Bellomo*for plaintiff, respondent.

*Andrew P. Ronan, Corporation Counsel (Elmer S. Stengel*of counsel), for Buffalo Sewer Authority et al., defendants, respondents.

Judgment affirmed, with costs; no opinion.

Concur: Lehman, Ch. J., Loughran, Finch, Rippey, Conway and Desmond, JJ.
EXHIBIT 99.2

WAVECOM S.A.

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 Annual Report of Wavecom S.A. (the "Company") on Form 20-F for the year ended December 31, 2002 as filed with the
Securities and Exchange Commission (the "Report"), I, Deborah Choate, Chief Financial Officer of the Company, certify, pursuant to Section 1350 of Chapter 63 of Title 18, United States Code,
that this Report fully complies with the requirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934 and that the information contained in this Report fairly presents, in all
material respects, the financial condition and results of operations of the Company.

|Date: May 21, 2003 |  | By: | /s/DEBORAH CHOATEDeborah Choate
Chief Financial Officer
(Principal Financial Officer)
|------------------ |  | --- | -------------------------------------------------------------------------------------

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

---

QuickLinks
[Federal Register Volume 87, Number 40 (Tuesday, March 1, 2022)]
[Notices]
[Page 11494]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-04231]


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

SMALL BUSINESS ADMINISTRATION

[License No. 05/05-0340]


Bayview Capital Partners IV, L.P.; Notice Seeking Exemption Under 
Section 312 of the Small Business Investment Act, Conflicts of Interest

    Notice is hereby given that Bayview Capital Partners IV, L.P., 301 
Carlson Parkway, Suite 325, Minnetonka, MN 55305, a Federal Licensee 
under the Small Business Investment Act of 1958, as amended (``the 
Act''), in connection with the financing of a small concern, is seeking 
an exemption under Section 312 of the Act and Section 107.730, 
Financings which Constitute Conflicts of Interest of the Small Business 
Administration (``SBA'') Rules and Regulations (13 CFR 107.730). 
Bayview Capital Partners IV, L.P. is seeking a written exemption from 
SBA for a proposed financing to The Sierra Holding Company LLC dba 
Fenix Group, 11400 West 47th Street, Minnetonka, MN 55343.
    The financing is brought within the purview of Sec.  107.730(a) of 
the Regulations because The Sierra Holding Company LLC dba Fenix Group 
is an Associate of Bayview Capital Partners IV, L.P. because Associate 
Bayview Capital Partners III, L.P. owns a greater than ten percent 
interest in The Sierra Holding Company LLC dba Fenix Group, therefore 
this transaction is considered Financing which constitute conflicts of 
interest requiring SBA's prior written exemption.
    Notice is hereby given that any interested person may submit 
written comments on this transaction within fifteen days of the date of 
this publication to the Associate Administrator, Office of Investment 
and Innovation, U.S. Small Business Administration, 409 Third Street 
SW, Washington, DC 20416.

U.S. Small Business Administration.
Bailey G. DeVries,
Associate Administrator, Office of Investment and Innovation.
[FR Doc. 2022-04231 Filed 2-28-22; 8:45 am]
BILLING CODE 8026-03-P
Exhibit 10.1 First Amendment to Convertible Promissory Note


Exhibit 10.1




SUNPEAKS VENTURES, INC.

FIRST AMENDMENT TO

CONVERTIBLE PROMISSORY NOTE




This First Amendment to Convertible Promissory Note (this “Amendment”) is entered into this 10th day of May, 2012, by and between Sunpeaks Ventures, Inc., a Nevada corporation (the “Company”) and Lysander Overseas, Inc. (the “Holder”).  Each of the Company and the Holder may be referred to as a “Party” and collectively as the “Parties.”




RECITALS




WHEREAS, the Parties are parties to that certain Convertible Promissory Note dated April 5, 2012 in the original principal amount of up to $700,000.00 (the “Note”);




WHEREAS, the Note provides for a series of Loan Advances, as agreed between the Parties, up to the original principal amount;




WHEREAS, as of the date hereof, the outstanding principal amount of the Note is $775,000.00;




WHEREAS, the Parties desire to amend the Note as set forth herein to increase the original principal amount.




NOW, THEFORE, for good and adequate consideration, the receipt and sufficiency of which is hereby acknowledged, the Parties agree as follows:




AGREEMENT




1.

The original principal amount of the Note shall be increased to an amount up to One Million Two Hundred Seventy Five Thousand Dollars ($1,275,000.00).




2.

Other than as set forth herein, the term and conditions of the Note shall remain in full force and effect.




IN WITNESS WHEREOF, the Parties have entered into this Amendment as of the date first set forth above.




		
	“Company”

	“Holder”


	 
	 

	Sunpeaks Ventures, Inc.,

	Lysander Overseas, Inc.


	a Nevada corporation

	 

	 
	 

	 
	 

	/s/ Mackie Barch          

	/s/ Yodaus Murillo                


	By: Mackie Barch

	By: Yodaus Murillo


	Its: President and Chief Executive Officer

	Its: President