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

Exhibit 4.12 AGREEMENT THIS AGREEMENT is dated for reference the 5thday of March, 2009. BETWEEN: LINUX GOLD CORP.#240 - 11780 Hammersmith Way 
Richmond, BC V7A 5E9 ("Linux") OF THE FIRST PART AND: TERYL RESOURCES CORP.#240 - 11780 Hammersmith Way 
Richmond, BC V7A 5E9 ("Teryl") OF THE SECOND PART Re: Extension of the Fish Creek property WHEREAS: A.
     Linux owns a 50% interest in 30 claims in Fairbanks, Alaska called the Fish Creek Claims;B.
     Linux and Teryl have agreed to a joint venture on the Fish Creek Claims in an agreement dated March 5, 2002 as amended on November 1, 2002 (together the Agreement) and extended on March 5, 2005 and on March 5, 2007;C.
     Teryl could not complete the drill program due to a lack of available drill contracts in 2008. NOW THEREFORE in consideration of the mutual covenants and conditions set forth herein, the parties hereto agree as follows: 1.
     Linux agrees to extend the said Fish Creek Claims agreement until March 5, 2010.
  IN WITNESS WHEREOF the parties hereto have executed this Agreement as of the day and year first above written. LINUX GOLD CORP.
     
     TERYL RESOURCES CORP./s/ John Robertson
     
     /s/ John RobertsonJohn Robertson, President
     
     John Robertson, President


---
<PAGE>

                                                                    EXHIBIT 32.1

                WRITTEN STATEMENT OF THE CHIEF EXECUTIVE OFFICER
                          PURSUANT TO 18 U.S.C. SS.1350

      Solely for the purposes of complying with 18 U.S.C. ss.1350, I, the
undersigned Chief Executive Officer of Z-Tel Technologies, Inc. (the "Company"),
hereby certify, based on my knowledge, that the Quarterly Report on Form 10-Q of
the Company for the quarterly period ended September 30, 2004 (the "Report")
fully complies with the requirements of Section 13(a) of the Securities Exchange
Act of 1934 and that information contained in the Report fairly presents, in all
material respects, the financial condition and results of operations of the
Company.

/s/ Horace J. Davis III
-------------------------------------
Horace J. Davis
September 15, 2004

      A signed original of this written statement has been provided to Z-Tel
Technologies, Inc. and will be retained by the Z-Tel Technologies, Inc. and
furnished to the Securities and Exchange Commission or its staff upon request.
<TABLE> <S> <C>

<PAGE>

<ARTICLE> BD
<LEGEND> THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM
BALANCE SHEET/STATEMENT OPERATIONS AND IS QUALIFIED IN ITS ENTIRETY BY REFERENCE
TO SUCH FINANCIAL STATEMENTS.
</LEGEND>

<S>                            <C>              <C>
<PERIOD-TYPE>                   YEAR            YEAR
<FISCAL-YEAR-END>               DEC-31-1998     DEC-31-1999
<PERIOD-START>                  JAN-01-1998     JAN-01-1999
<PERIOD-END>                    DEC-31-1998     DEC-31-1999
<CASH>                            1,579,639      39,189,362
<RECEIVABLES>                     1,696,577       2,755,596
<SECURITIES-RESALE>                       0               0
<SECURITIES-BORROWED>                     0               0
<INSTRUMENTS-OWNED>                       0               0
<PP&E>                              886,223       3,994,411
<TOTAL-ASSETS>                    4,495,624      47,790,903
<SHORT-TERM>                              0               0
<PAYABLES>                        1,823,400       2,705,228
<REPOS-SOLD>                              0               0
<SECURITIES-LOANED>                       0               0
<INSTRUMENTS-SOLD>                        0               0
<LONG-TERM>                               0               0
<PREFERRED-MANDATORY>                     0               0
<PREFERRED>                          31,125               0
<COMMON>                            189,563         256,604
<OTHER-SE>                          306,048      42,706,356
<TOTAL-LIABILITY-AND-EQUITY>      4,495,624      47,790,903
<TRADING-REVENUE>                 7,350,246      23,471,194
<INTEREST-DIVIDENDS>                162,912         876,938
<COMMISSIONS>                             0               0
<INVESTMENT-BANKING-REVENUES>             0               0
<FEE-REVENUE>                       377,775       1,123,453
<INTEREST-EXPENSE>                        0               0
<COMPENSATION>                    1,375,203       2,725,779
<INCOME-PRETAX>                (11,818,450)     (6,763,497)
<INCOME-PRE-EXTRAORDINARY>     (11,818,450)     (6,763,497)
<EXTRAORDINARY>                           0               0
<CHANGES>                                 0               0
<NET-INCOME>                   (11,818,450)     (6,763,497)
<EPS-BASIC>                          (0.71)          (0.32)
<EPS-DILUTED>                        (0.71)          (0.32)



</TABLE>
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



In connection with the Optio Software, Inc. (the Company)
Quarterly Report on Form 10-Q for the period ended April 30, 2004 as filed with the Securities and Exchange Commission on the date hereof (the Report), I, C. Wayne Cape, Chief Executive Officer of the Company, certify pursuant to 18
U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that, 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, as amended; 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: June 14, 2004 |  | By: |  | /s/ C. Wayne Cape      
|                    |  |     |  | C. Wayne Cape          
|                    |  |     |  | Chief Executive Officer
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 Justice Drug Enforcement Administration
 By Notice dated January 30, 2009, and published in the 
                    **Federal Register**
                     on February 6, 2009 (74 FR 6309), Mallinckrodt Inc., 3600 North Second Street, St. Louis, Missouri 63147, made application by renewal to the Drug Enforcement Administration (DEA) to be registered as an importer of the basic classes of controlled substances listed in schedule II: Drug
SchedulePhenylacetone (8501)
IICoca Leaves (9040)
IIOpium, raw (9600)
IIPoppy Straw (9650)
IIPoppy Straw Concentrate (9670)
II
 The company plans to import the listed controlled substances for the manufacture of controlled substances in bulk for distribution to its customers. No comments or objections have been received. DEA has considered the factors in 21 U.S.C. 823(a) and 952(a) and determined that the registration of Mallinckrodt Inc. to import the basic classes of controlled substances is consistent with the public interest, and with United States obligations under international treaties, conventions, or protocols in effect on May 1, 1971, at this time. DEA has investigated Mallinckrodt Inc. to ensure that the company's registration is consistent with the public interest. The investigation has included inspection and testing of the company's physical security systems, verification of the company's compliance with state and local laws, and a review of the company's background and history. Therefore, pursuant to 21 U.S.C. 952(a) and 958(a), and in accordance with 21 CFR 1301.34, the above named company is granted registration as an importer of the basic classes of controlled substances listed. Dated: April 17, 2009. Joseph T. Rannazzisi, Deputy Assistant Administrator, Office of Diversion Control, Drug Enforcement Administration.


[FR Doc. E9-9789 Filed 4-28-09; 8:45 am] BILLING CODE 4410-09-P
# From Boucher Michael 

## Sent Thursday April

# 30 2009 

# 345

# PM

# GMT To Wersinger Kate kwersingersteptoe 

# .com sgoldberg@steptoe.com 

# Cc Edwards .Dennis@epamail .epa.gov 

## Hardy.Michaelepamail .epa.gov philip.ross@epa.gov 

## Boucher Michael 

# mbouchermckennalong.com Subject April

# 28 2009 letter 

### from Seth Goldberg to 

### Dennis 

## Edwards and Philip 

### Ross

Dear 

## MrGoldberg Please advise 

## mewhether 

### may expect to receive copy ofyour original unredacted submission to

# EPA Thank you Very truly yours Michael Boucher Counsel to 

### Buckman Laboratories Inc

Michael Boucher Partner 

### McKenna Long Aldridge 

## LLP 1900 Street

# NW Washington 

# DC 20006 Tel 202.496.7729 

### Fax 202.496.7756 

### mbouchermckennalong.com Original 

### Message 

## From Wersinger Kate kwersinger@steptoe comi Sent 

### Wednesday April

## 29 2009 

### 422 

# PM To Boucher Michael 

## Cc Edwards.Dennisepamail.epa.gov Hardy.Michaelepamail.epa.gov philip.rossepa.gov Subject 

# Nalco.pdf Mr Boucher At the request of

# Mr Ross attached is public disclosure copy of 

### document submitted yesterday in further supportof

### Nalcos petition to cancel 

### Buckmans ammonia products Please let

## me know if

### you have any questions Best regards Kate Wersinger Legal Executive Assistant

to Elizabeth 

### Brown and Seth Goldberg Steptoe Johnson 

## LLP 1330 Connecticut 

### Avenue 

# NW Washington 

# DC 20036-1795 

# 202 429-6214



### The message is ready tobe sent with the following file or link attachments Nalco.pdf 

### Note To protect against computer viruses e-mail programs 

### may prevent sending or receiving certain types of file attachments 

### Check youre-mail security settings to determine 

## howattachments are handled
**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**

 

In connection with the Quarterly Report on Form 10-Q (the “Report”) of Oilsands Quest Inc. (the “Company”) for the period ended January 31, 2009, the undersigned Christopher H. Hopkins, the Chief Executive Officer of the Company, hereby certifies pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that, to the best of the            undersigned’s knowledge and belief:

|   | (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. |
|--------|-----|------------------------------------------------------------------------------------------------------------------------------------------------------|

 

| March 12, 2009                                  |   |
|-------------------------------------------------|--------|
|  

 

/s/ Christopher H. Hopkins      |   |
| Christopher H. Hopkins, Chief Executive Officer |
### IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

No. 14

- 60764 Summary Calendar

CHUN LIN YANG , Petitioner

v. LORETTA LYNCH, U.S. ATTORNEY GENERAL , Respondent

Petition for Review of an Order of the Board of Immigration Appeals BIA No. A097 645 703

Before DAVIS, JONES, and GRAVES, Circuit Judges. PER CURIAM: * Chinese national Chun Lin Yang petitions for review of the Board of Immigration Appeals’ (BIA) order denying her second motion to reopen, asserting a material change in country conditions since her asylum claim was originally denied in 2006. We review the BIA’s denial under a highly deferential abuse

- of

- discretion standard. Gomez

- Palacios v. Holder , 560 F.3d 354, 358 (5th Cir. 2009).

* 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. United States Court of Appeals Fifth Circuit 

### FILED December 10, 2015 Lyle W. Cayce Clerk Case: 14-60764 Document: 00513303118 Page: 1 Date Filed: 12/10/2015N o. 14

- 60764

2 Yang contends that the BIA violated her due process rights when it failed to “give full an d fair consideration” to all of her evidence and arguments in support of her motion. She faults the BIA for refusing to consider persuasive authority from other circuits , and she asserts that the BIA wrongly ignored unspecified portions of the 2013 Congre ssional

- Executive Commission on China Annual report she submitted. Yang urges that the BIA’s denial of due process requires remand without further analysis of the underlying merits of her motion

. The BIA denied Yang’s motion to reopen both because it determined that she had failed to show materially changed circumstances in China since her 2006 hearing and because she had failed to make a prima facie showing that she would be subjected to torture o r persecution if return ed to China so as to be eligible for relief from removal . As the Government points out, Yang fails to brief any argument challenging the BIA’s separate, dispositive conclusion that she failed to make a prima facie s howing of eligibi lity for relief from removal

. See INS v. Abudu , 485 U.S. 94, 104

- 05 (1988) (stating that, independent of whether a showing of changed circumstances has been made, the BIA may deny a motion to reopen if it determines that the applicant “has
not esta blished a prima facie case for the underlying relief sought.”)

. Yang has thus waived any challenge to that determination. See Soadjede v. Ashcroft , 324 F.3d 830, 833 (5th Cir. 2003). Consequently, she cannot show that the BIA abused its discretion in denying h er motion to reopen. See Gomez

- Palacios , 560 F.3d at 358 ; see also Abudu , 485 U.S. at 104

- 05

. T he petition for review is DENIED. Case: 14-60764 Document: 00513303118 Page: 2 Date Filed: 12/10/2015
Unassociated Document




AMENDMENT NO. 1 TO AGREEMENT AND PLAN OF REORGANIZATION


 


AMENDMENT NO. 1 TO THE AGREEMENT AND PLAN OF REORGANIZATION (this “Amendment”) made effective as of October 17, 2011 by and between AFH Holding and Advisory, LLC (“AFH”), Targeted Medical Pharma, Inc. (“Targeted”), William E. Shell, MD (“Shell”), the Estate of Elizabeth Charavustra (the “Estate”) and Kim Giffoni (“Giffoni”).


 


WITNESSETH:


 


WHEREAS, AFH Acquisition III, Inc. (“AFH III”), AFH, Targeted, TMP Merger Sub, Inc. (“TMP Sub”), AFH Merger Sub, Inc. (“AFH Merger Sub”), Shell, Elizabeth Charavustra and Giffoni entered into an Agreement and Plan of Reorganization, dated as of January 31, 2011 (hereinafter the “Merger Agreement”);


 


WHEREAS, pursuant to the Merger Agreement, AFH III, TMP Sub and AFH Merger Sub ceased to exist upon the consummation of the Merger.







NOW, THEREFORE, the parties hereto agree to amend the Merger Agreement as follows, effective as of the date hereof:







1.           All capitalized terms used and not defined herein shall have the meanings ascribed thereto in the Merger Agreement.


 


2.           Section 3.01(a) shall be amended to change the Make Good Period from the fiscal year ended December 31, 2011 to the twelve months following the consummation of the Follow-on Financing.







The parties hereby agree that except as specifically provided in and modified by this Amendment, the Merger Agreement is in all other respects hereby ratified and confirmed and references to the Merger Agreement shall be deemed to refer to the Merger Agreement as modified by this Amendment.


 


*          *          *          *          *


 







 




  





  











  








IN WITNESS WHEREOF, the undersigned have executed this Amendment as of the day and year first written above.







AFH HOLDING AND ADVISORY, LLC












By: Amir F. Heshmatpour


       Name: Amir F. Heshmatpour


       Title: Managing Partner







TARGETED MEDICAL PHARMA, INC.












By: William E. Shell, MD


       Name: William E. Shell, MD


       Title: Chief Executive Officer

















William E. Shell, MD


William E. Shell, MD

















The Estate of Elizabeth Charavustra







By: William E. Shell, MD


Name: William E. Shell, MD


Title: Executor












/s/ Kim Giffoni


Kim Giffoni
EXHIBIT 32.1

    Certification of Principal Executive Officer Pursuant to 18 U.S.C. 1350

                 (Section 906 of the Sarbanes-Oxley Act of 2002)

In connection with the Quarterly Report of Averox Inc. ("Averox") on Form 10-Q
for the quarter ended March 31, 2009, as filed with the Securities and Exchange
Commission (the "Report"), I, Salman Mahmood, Chief Executive Officer of Averox,
certify pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906
of the Sarbanes-Oxley Act of 2002, that:

(1) The Report fully complies with the requirements of Section 13(a) or 15(d) of
the Securities Exchange Act of 1934, as amended; and

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

Date: May 22, 2009

                                                         /s/ Salman Mahmood
                                                         -----------------------
                                                         Salman Mahmood
                                                         Chief Executive Officer
UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 03-7684

LARRY BLACKWELL,

Petitioner - Appellant,

versus

STATE OF SOUTH CAROLINA; HENRY DARGAN

MCMASTER, Attorney General; E. RICHARD

BAZZELL, Warden,

Respondents - Appellees.

Appeal from the United States District Court for the District of

South Carolina, at Rock Hill. Cameron McGowan Currie, District

Judge. (CA-03-2633-0)

Submitted: August 13, 2004 Decided: August 30, 2004

Before WILKINSON, WILLIAMS, and SHEDD, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Larry Blackwell, Appellant Pro Se. Donald John Zelenka, Chief

Deputy Attorney General, Douglas Leadbitter, OFFICE OF THE ATTORNEY

GENERAL OF SOUTH CAROLINA, Columbia, South Carolina, for Appellees.

Unpublished opinions are not binding precedent in this circuit.

See Local Rule 36(c).
PER CURIAM:

Larry Steven Blackwell seeks to appeal the district

court’s order dismissing his 28 U.S.C. § 2254 (2000) petition. By

order filed February 18, 2004, this appeal was placed in abeyance

for Jones v. Braxton, No. 03-6891. In view of our recent decision

in Reid v. Angelone, 369 F.3d 363 (4th Cir. 2004), we no longer

find it necessary to hold this case in abeyance for Jones. 

Blackwell cannot appeal from the district court’s order

unless a circuit judge or justice issues a certificate of

appealability, and a certificate of appealability will not issue

absent a “substantial showing of the denial of a constitutional

right.” 28 U.S.C. § 2253(c)(2) (2000). A habeas appellant meets

this standard by demonstrating that reasonable jurists would find

that his constitutional claims are debatable and that any

dispositive procedural rulings by the district court are also

debatable or wrong. See Miller-El v. Cockrell, 537 U.S. 322, 326

(2003); Slack v. McDaniel, 529 U.S. 473, 484 (2000); Rose v. Lee,

252 F.3d 676, 683 (4th Cir. 2001). We have independently reviewed

the record and conclude Blackwell has not made the requisite

showing. Accordingly, we deny a certificate of appealability and

dismiss the appeal.

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.

DISMISSED
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## Citation Information

### Contact

#### Geology, Geophysics, and Geochemistry Science Center

West 6th Avenue and Kipling StreetDenver Federal Center Building 20Denver, CO80225United States

303-236-1800

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Exhibit 10.32 


 


 


Waiver of Plan Benefit


 


 





I, __________________, hereby permanently and irrevocably waive
any and all rights that I or my beneficiaries may have to claim an entitlement to an Annual Award of Shares of Astoria Financial
Corporation under the terms of the Astoria Financial Corporation 2007 Non-Employee Directors Stock Plan for the 2012 calendar year
scheduled for grant on or about January 30, 2012.


 


 


 


 


 


__________________________


 


 


Dated


January 25, 2012