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Analytical References        January 1, 2014        CoSMoS Southern California flooding hazard scenarios
**Exhibit 23.1****Consent of Independent Registered Public Accounting Firm**     We consent to the incorporation by reference in the following Registration Statements:     (1) Registration Statement (Form S-3 No. 333-116821) for the registration of 5,133,492 sharesof common stock of The Princeton Review, Inc.,     (2) Registration Statements (Form S-8 No. 333-63638 and Form S-8 No. 333-104136) pertaining toThe Princeton Review, Inc. 2000 Stock Incentive Plan, and     (3) Registration Statement (Form S-8 No. 333-77016) pertaining to The Princeton Review, Inc.401(k) Employee Savings Plan,of our reports dated March 30, 2007, with respect to the consolidated financial statements andschedule of the Princeton Review, Inc. and Subsidiaries, The Princeton Review, Inc. andSubsidiaries’ management’s assessment of the effectiveness of internal control over financialreporting, and the effectiveness of internal control over financial reporting of The PrincetonReview, Inc. and Subsidiaries, included in the Annual Report (Form 10-K) for the year endedDecember 31, 2006.         /s/ Ernst & Young LLP  New York, NY
GELCH & ASSOCIATES, P.A., Appellant, v. Arkady BRODSKY and Joseph Nardoci, Appellees.

No. 4D18-1216

District Court of Appeal of Florida, Fourth District.

[February 14, 2019]

**DECISION WITHOUT PUBLISHED OPINION**

*Affirmed.*
Dominick HARVEY, Appellant, v. STATE of Florida, Appellee.

Case No. 2D18-2965

District Court of Appeal of Florida, Second District.

Opinion filed February 6, 2019

**DECISION WITHOUT PUBLISHED OPINION**

Affirmed.
# Fourth Court of Appeals San Antonio, Texas January 26, 2021 No. 04-20-00594-CV Judy FREEMAN , Appellant

v. Kundu JOHNSON , as Independent Administrator of the Estate James Phillip Johnson, Appellee From the County Court At Law No. 10, Bexar County, Texas

Trial Court No. 2020CV01100 Honorable David J. Rodriguez, Judge Presiding



### O R D E R On December 28, 2020, appellee Kundu Johnson, as Independent Administrator of the Estate of Phillip P. Johnson, Deceased, filed a motion to dismiss, arguing this court should dismiss this appeal because appellant Judy Freeman filed an untimely notice of appeal. Johnson argues that Freeman’s notice of appeal was due by September 25, 2020, and was untimely because Freeman did not file it until November 13, 2020. Johnson further argues that because findings of fact and conclusions of law cannot be considered in appeals from summary judgment orders, Freeman’s request for findings and conclusions did not extend her notice of appeal deadline. See IKB Indus. v. Pro-Line Corp. , 938 S.W.2d 440, 442 (Tex. 1997). In general, a notice of appeal must be filed within thirty days after the judgment is signed. T EX
. R. A PP
. P. 26.1. If a party timely files a motion for new trial, then the deadline to file the notice of appeal is extended to ninety days from the date of the judgment. See id. R. 26.1(a)(4). A review of the clerk’s record shows the trial court signed its summary judgment and severance orders on August 26, 2020. Freeman then filed a request for findings and conclusions and a motion for new trial on August 28, 2020. Although Johnson is correct that Freeman’s request for findings and conclusions did not extend the appellate deadline to file her notice of appeal, her motion for new trial did. See id. ; IKB Indus. , 938 S.W.2d at 442. Accordingly, Freeman’s notice of appeal, which was filed within ninety days of the judgment, was timely filed. Johnson’s motion to dismiss is therefore DENIED

._________________________________ Beth Watkins, Justice
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 26th day of January, 2021.

___________________________________ MICHAEL A. CRUZ, Clerk of Court
**Exhibit 32.1****CERTIFICATION OF PERIODIC REPORT**     Each of the undersigned, in his capacity as an officer of The Princeton Review, Inc. (the“Company”), hereby certifies, pursuant to Section 906 of the Sarbanes-Oxley Act of 2002 (18 U.S.C.1350), that:     (1) the Annual Report on Form 10-K of the Company for the year ended December 31, 2005 (the“Report”) fully complies with the requirements of Section 13(a) or 15(d) of the Securities ExchangeAct of 1934 (15 U.S.C. 78m or 78o(d)); and     (2) the information contained in the Report fairly presents, in all material respects, thefinancial condition and results of operations of the Company.        Date: March 30, 2007 By:  /s/ John S. Katzman    Name:  John S. Katzman    Title:  Chief Executive Officer      Date: March 30, 2007 By:  /s/ Stephen Melvin    Name:  Stephen Melvin    Title:  Chief Financial Officer        A signed original of this written statement required by Section 906 has been provided to ThePrinceton Review, Inc. and will be retained by The Princeton Review, Inc. and furnished to theSecurities and Exchange Commission or its staff upon request.
FL-7, INC., Appellant, v. SWF PREMIUM REAL ESTATE LLC., d/b/a Engel & Volkers, a Florida Limited Liability Company, Appellee.

Case No. 2D17-4321

District Court of Appeal of Florida, Second District.

Opinion filed March 1, 2019

Christyna M. Torrez of Coleman, Hazzard, Taylor, Claus, Doupé & Diaz, P.A., Naples, for Appellant.

Brian O. Cross of Goede, Adamczyk, Deboest & Cross, PLLC, Naples, for Appellee.

ATKINSON, Judge.

FL-7, Inc. (FL-7) appeals the final judgment awarding SWF Premium Real Estate, LLC., d/b/a Engel & Volkers (Engel & Volkers), the attorney's fees and costs that it incurred as a prevailing party after obtaining a final summary judgment. FL-7 successfully appealed that underlying judgment. *See**FL-7, Inc. v. SWF Premium Real Estate, LLC*, 259 So.3d 285 (Fla. 2d DCA 2018). As such, because Engel & Volkers is no longer the prevailing party and no longer entitled to an award of fees and costs on that basis, we must reverse. *See**Marty v. Bainter*, 727 So.2d 1124, 1125 (Fla. 1st DCA 1999) ("Once a final judgment is reversed and remanded by an appellate court, there can be no prevailing party for purposes of an award of prevailing party attorney's fees. Consequently, an award of attorney's fees and costs predicated on a reversed or vacated final judgment also must be reversed.").

Reversed and remanded.

NORTHCUTT and SLEET, JJ., Concur.
Exhibit










Exhibit 10.9


Amendment No. 1 to Trademark License Agreement
This Amendment No. 1 (“Amendment”), to that certain Trademark License Agreement dated August 8, 2012 (as amended, the “Agreement”) between SEARS ROEBUCK AND CO., a New York corporation (“Sears”), and SEARS HOMETOWN AND OUTLET STORES, INC., a Delaware corporation (“SHO”), is made by the parties thereto and is retroactive to October 11, 2012 (the “Amendment Date”).  Capitalized terms used but not otherwise defined herein have the meanings ascribed to such terms in the Agreement.
Whereas, the parties have determined that it is in both parties’ interest to amend the Agreement.
NOW, THEREFORE, in consideration of the above premises and the mutual covenants and other good and valuable consideration contained herein, the parties agree as follows:


		
	1.
	Amendments.  The Agreement shall be modified as of the Amendment Date set forth above as follows: 


 
		
	a.
	Shos.com Domain.  The second WHEREAS clause of the Agreement is replaced with the following:




“WHERAS, Sears has a license to use (and further sublicense the use of) the searshometownandoutlet.com, ownasearsstore.com, shos.com, sears-sho.com, and shos.com domain names (collectively, the “Domain Names”);” 


		
	2.
	Condition Precedent.  It is a condition precedent to the effectiveness of this Amendment that the parties (or their Affiliates, as applicable) also execute (collectively the “Related Amendments”): (a) that certain Amended and Restated Merchandising Agreement, (b) Amendment #4 to Services Agreement, (c) Amendment #1 to Employee Transition and Administrative Services Agreement, (d) Amendment #1 to Shop Your Way Rewards Retail Establishment Agreement, (e) Amendment #1 to Supplemental Agreement; (f) Amendment No. 4 to the prior Merchandising Agreement between the Parties and/or their Affiliates; and (g) Amendment #2 to Store License Agreement (Outlet).




		
	3.
	No Other Amendments.  Except as expressly amended herein, the Agreement shall continue in full force and effect, in accordance with its terms, without any waiver, amendment or other modification of any provision thereof, including the parties’ choice of law (pursuant to Section 29.(a) of the Agreement) which also applies to this Amendment. 


Signature Page Follows
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed as of the date set forth below by their respective officers thereunto duly authorized.




SEARS, ROEBUCK AND CO.
By: Sears Holdings Management Corporation, its Agent


By: /s/ ROBERT A. RIECKER
VP Controller
May 11, 2016

















SEARS HOMETOWN AND OUTLET STORES, INC.


By: /s/ WILL POWELL
CEO & President
May 11, 2016
Exhibit 4.1


 


 


THE BANK OF NEW YORK MELLON


NEW YORK’S FIRST BANK-FOUNDED 1784 BY ALEXANDER HAMILTON


 


 


2 HANSON PLACE, 12TH FLOOR, BROOKLYN,
N.Y. 11217


 


 


 


September 7, 2016


 


Hennion & Walsh, Inc.


2001 Route 46, Waterview Plaza


Parsippany, New Jersey 07054


 


Smart Trust 264


 


Dear Sirs:


The Bank of New York
Mellon is acting as trustee for the series of Smart Trust set forth above (the “Trust”). We enclosed a list
of the Securities to be deposited in the Trust on the date hereof. The prices indicated therein reflect our evaluation of such
Securities as of close of business on September 6, 2016, in accordance with the valuation method set forth in the Standard Terms
and Conditions of Trust and Trust Agreement. We consent to the reference to The Bank of New York Mellon as the party performing
the evaluations of the Trust Securities in the Registration Statement (No. 333-212520) filed with the Securities and Exchange Commission
with respect to the registration of the sale of the Trust Units and to the filing of this consent as an exhibit thereto.


 


 


Very truly yours,


 


/s/ GERARDO CIPRIANO________________


Gerardo Cipriano


Vice President
# C_2021462EN.01001301.xml

| 15.11.2021 | EN | Official Journal of the European Union | C 462/13 |
| --- | --- | --- | --- |

15.11.2021

EN

Official Journal of the European Union

C 462/13

---

Judgment of the Court (Eighth Chamber) of 2 September 2021 (request for a preliminary ruling from the Oberlandesgericht Düsseldorf — Germany) — Bundesverband der Verbraucherzentralen und Verbraucherverbände — Verbraucherzentrale Bundesverband e.V. v Vodafone GmbH

(Case C-5/20) (1)

(Reference for a preliminary ruling - Electronic communications - Regulation (EU) 2015/2120 - Article 3 - Open internet access - Article 3(1) - End users’ rights - Article 3(2) - Prohibition of agreements and commercial practices limiting the exercise of end users’ rights - Article 3(3) - Obligation of equal and non-discriminatory treatment of traffic - Possibility of implementing reasonable traffic management measures - Additional ‘zero tariff’ option - Limitation on tethering)

(2021/C 462/11)

Language of the case: German

Referring court

Oberlandesgericht Düsseldorf

Parties to the main proceedings

Applicant: Bundesverband der Verbraucherzentralen und Verbraucherverbände — Verbraucherzentrale Bundesverband e.V.

Defendant: Vodafone GmbH

Interested party: Bundesnetzagentur für Elektrizität, Gas, Telekommunikation, Post und Eisenbahnen

Operative part of the judgment

Article 3 of Regulation (EU) 2015/2120 of the European Parliament and of the Council of 25 November 2015 laying down measures concerning open internet access and amending Directive 2002/22/EC on universal service and users’ rights relating to electronic communications networks and services and Regulation (EU) No 531/2012 on roaming on public mobile communications networks within the Union must be interpreted as meaning that a limitation on tethering, on account of the activation of a ‘zero tariff’ option, is incompatible with the obligations arising from Article 3(3).

---

(1)  OJ C 137, 27.4.2020.

---
John Robert FORGETTE, Appellant, v. STATE of Florida, Appellee.

No. 4D18-1940

District Court of Appeal of Florida, Fourth District.

[January 3, 2019]

**DECISION WITHOUT PUBLISHED OPINION**

Affirmed.
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Photography        July 7, 2021        Aquia Formation (Paleocene), Prince George’s County, Maryland
COURT OF APPEALS

	SECOND DISTRICT OF TEXAS

	FORT WORTH

	NO. 2-05-367-CR

JOHN JASON THOMPSON	APPELLANT

	V.

THE STATE OF TEXAS	STATE

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

	FROM THE 355TH DISTRICT COURT OF HOOD COUNTY

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

	MEMORANDUM OPINION1

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

	Appellant John Jason Thompson attempts to appeal his conviction for possession of a controlled substance under one gram.  Appellant entered an open plea of guilty to the court, which found him guilty and assessed his punishment at 24 months in a state jail facility.  We dismiss this appeal for want of jurisdiction.

	Pursuant to rule 26.2 of the rules of appellate procedure, a notice of appeal must be filed within 30 days after the date sentence is imposed, or within 90 days after the date sentence is imposed if the defendant files a timely motion for new trial.  Tex. R. App. P. 26.2(a).  Appellant’s sentence was imposed on August 1, 2005.  He did not file a motion for new trial; thus, his notice of appeal was due on August 31, 2005, but was not filed until September 23, 2005. 

	On September 27, 2005, we notified Appellant’s counsel of our concern that we lacked jurisdiction over this appeal because the notice of appeal was not timely filed.  We informed counsel that the appeal was subject to dismissal unless we received a response showing grounds for continuing the appeal.  See Tex. R. App. P. 44.3.  Appellant’s counsel responded by filing a motion for extension of time to file the notice of appeal.  This motion explains that counsel had miscalendared the date the notice of appeal was due. 

	In order for this court to grant a motion for extension of time to file a notice of appeal, both the notice of appeal and the motion for extension of time must have been filed within the 15-day extension period of rule 26.3.  See Tex. R. App. P. 26.3; Olivo v. State, 918 S.W.2d 519, 522 (Tex. Crim. App. 1996).  Because Appellant’s notice of appeal and the motion for extension of time were both untimely, we deny the motion.2

	A timely notice of appeal is essential to vest this court with jurisdiction.  See Olivo, 918 S.W.2d at 522.  Because Appellant’s notice of appeal was untimely, we have no jurisdiction over this appeal.  See id. at 526.  Accordingly, we dismiss this appeal for want of jurisdiction.  See Tex. R. App. P. 25.2(b), 43.2(f).

								PER CURIAM

PANEL D:  HOLMAN, GARDNER, and WALKER, JJ.

DO NOT PUBLISH

Tex. R. App. P. 47.2(b)

DELIVERED:  November 3, 2005
Exhibit No. 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 Annual Report of CEO Channel.com, Inc. (the "Company") on
Form 10-KSB for the year ended  December  31, 2003 as filed with the  Securities
and Exchange  Commission on the date hereof (the "Report"),  I, Glenn A. Little,
Chief  Executive and Financial  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:

     (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:  April 1, 2005


By:   /s/ Larry Creeger
    -------------------------
    Larry Creeger
    Chief Executive and
    Chief Financial Officer







--------------------------------------
This  certification  accompanies  the  Report  pursuant  to  Section  906 of the
Sarbanes-Oxley  Act of 2002 and  shall not be deemed  filed by the  Company  for
purposes of Section 18 of the Securities Exchange Act of 1934, as amended.

A signed  original of this written  statement  required by Section 906, or other
document authenticating, acknowledging, or otherwise adopting the signature that
appears in typed form within the  electronic  version of this written  statement
required by Section 906,  has been  provided to the Company and will be retained
by the Company and furnished to the  Securities  and Exchange  Commission or its
staff upon request.d  furnished to the Securities and Exchange Commission or its
staff upon request.
Lerby LABATH, Appellant, v. STATE of Florida, Appellee.

No. 4D18-1787

District Court of Appeal of Florida, Fourth District.

November 21, 2018

**DECISION WITHOUT PUBLISHED OPINION**

Affirmed.
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General        August 2, 2018        370.410.1 - Training - General Provision

Illustrations        January 26, 2015        USGS SIM 3250: Geologic Map of the Agnesi Quadrangle (V–45), Venus

General        December 29, 2023        Science Information Service (SIS)

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General        August 3, 2018        429.1 - Space Management

General        March 1, 2018        Birdsall-Dreiss Distinguished Lecturer: Clifford I. Voss

General        July 30, 2020        New Mexico Water Science Center Sediment Laboratory
Exhibit 32.2

CERTIFICATION PURSUANT TO
18 U.S.C. SECTION 1350,
AS ADOPTED PURSUANT TO
SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

In connection with the Quarterly Report of Avaya Inc. (the "Company") on Form 10-Q for the period ending March 31, 2004, as filed
with the Securities and Exchange Commission on the date hereof (the "Report"), I, Garry K. McGuire, Chief Financial Officer and Senior Vice President, Corporate Development of the Company, certify,
pursuant to 18 U.S.C. § 1350, as adopted pursuant to § 906 of the Sarbanes-Oxley Act of 2002, to my knowledge, that:



|/s/GARRY K. MCGUIRE SR.Garry K. McGuire Sr. Chief Financial Officer and Senior Vice President,
Corporate Development | 
|-------------------------------------------------------------------------------------------------------------------- | 

May 12,
2004

63

---



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