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



Exhibit 12.1
  STATEMENT
    REGARDING CALCULATION OF RATIO OF CONSOLIDATED EARNINGS TO
    CONSOLIDATED FIXED CHARGES
 (Dollars in thousands)
  Years Ended December 31,2007


2006


2005


2004


2003Pre-tax income, as reported

$
409,869


$
455,277


$
204,063


$
16,233


$
204,792Equity in earnings of
    investees1


12,985



87,762



19,026



5,205



11,229Pre-tax income before adjustment for equity in earnings of
    equity investees


396,884



367,515



185,037



11,028



193,563Fixed charges:Interest expense


46,258



41,765



53,078



63,841



37,245Rentals representing interest


3,558



3,808



3,810



2,893



4,829Total fixed charges


49,816



45,573



56,888



66,734



42,074Distributed income of equity investees


5,487



87,670



9,148



7,255



24,444Pre-tax income before equity in earnings of investees plus fixed
    charges and distributed income of equity method investees

$
452,187


$
500,758


$
251,073


$
85,017


$
260,081Ratio of earnings to fixed charges


9.1x



11.0x



4.4x



1.3x



6.2x     1
    
    Equity in earnings of investees is
    in respect of those investments that are investment companies or
    similar equity method investees and, as such, are included as
    part of investment income on the consolidated statements of
    income. 139
* Pursuant to 5TH CIR. 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that this opinion should not be published and is not precedent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 5TH CIR.

R. 47.5.4.

United States Court of Appeals

Fifth Circuit

FILED

April 2, 2003

Charles R. Fulbruge III

Clerk

IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

 

No. 02-50791

Summary Calendar

 

UNITED STATES OF AMERICA,

Plaintiff-Appellee,

versus

RITA HERNANDEZ,

Defendant-Appellant.

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

Appeal from the United States District Court

for the Western District of Texas

USDC No. EP-02-CR-544-ALL-DB

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

Before GARWOOD, JOLLY and SMITH, Circuit Judges.

PER CURIAM:*

Rita Hernandez (“Hernandez”) appeals her conviction for

importation of cocaine. Hernandez challenges the “knowledge”

element of the offense, asserting that there was insufficient

evidence for the jury to find that she knew of the cocaine hidden

in the vehicle.

In reviewing a challenge to the sufficiency of the evidence,

this court views the evidence in the light most favorable to the
No. 02-50791

-2-

jury’s verdict, and affirms if a rational trier of fact could

have found the essential elements of the crime proven beyond a

reasonable doubt. United States v. Brito, 136 F.3d 397, 408

(5th Cir. 1998). When drugs are contained in a hidden

compartment in a vehicle, this court requires “evidence

indicating knowledge -- circumstances evidencing a

consciousness of guilt on the part of the defendant.” United

States v. Diaz-Carreon, 915 F.2d 951, 954 (5th Cir. 1990). 

Considered together, circumstances such as nervousness,

conflicting statements to inspection officials, and an

implausible story may adequately establish consciousness of

guilt. Id. at 954-55.

After reviewing the record in this case, we conclude that

there was sufficient evidence for a rational trier of fact to

find that Hernandez knew of the hidden cocaine. Factors

supporting this conclusion include: descriptions of Hernandez’s

odd behavior by the investigating agents; her statements that

clearly conflict with her own prior statements and the testimony

of other witnesses; and her implausible explanation for the

purpose of her trip into Mexico.

Therefore, the district court’s judgment is AFFIRMED.
**Exhibit 32.1**

 

**Certification Pursuant to 18U.S.C. Section 1350, as Adopted Pursuant to**

 

**Section 906 of Sarbanes-Oxley Actof 2002**

 

I, Hal M. Krisbergh, the Principal Executive Officerof WorldGate Communications, Inc., hereby certify, pursuant to 18 U.S.C.Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of2002, that (1) the Form 10-Q/A of WorldGate Communications, Inc., for thequarterly period ended September 30, 2004 (the “Form 10-Q/A”), fully complieswith requirements of Section 13(a) or 15(d) of the Securities Exchange Act of1934 (15 U.S.C. 78m or 78o(d)) and (2) the information contained in the Form10-Q/A fairly presents, in all material respects, the financial condition andresults of operations of WorldGate Communications, Inc.

 

A signed original of this written statement requiredby Section 906 has been provided to WorldGate and will be retained by WorldGateand furnished to the Securities and Exchange Commission or its staff uponrequest.

 

 
| Dated:             January  23, 2006 | /s/ HAL M. KRISBERGH                                                     |
|--------------------------------------------------------------------------------------------------|--------------------------------------------------------------------------|
|                                                                                             | Hal M. Krisbergh  Chief Executive Officer  (Principal Executive Officer) |

 

----
Form of Annual Advisory Fee Termination - PCap, L.P.



 Exhibit 10.20b 
 Form of Annual Advisory Fee Termination 
 [KAR Auction Services, Inc. Letterhead]

 December [        ], 2009 
 PCap, L.P. 
 75 State Street 
 Boston, Massachusetts 02109 
 Ladies and Gentlemen:

 Reference is made to the Financial Advisory Agreement (the “Advisory Agreement”), dated as of April 20, 2007
and attached hereto as Annex A, whereby KAR Auction Services, Inc. (formerly, KAR Holdings, Inc.) (the “Company”) agreed to retain you, PCap, LP (“PCap”), and any of your affiliates or designees (collectively, with
PCap, the “Parthenon Capital Group”), among other things, to provide consulting and advisory services to the Company commencing on the date thereof for a term ending on the date on which PCap and its affiliates (including Axle
Holdings II, LLC and PCap KAR LLC) cease to own, directly or indirectly, any equity interests of the Company. 
 In connection
with the settlement of the initial public offering (the “Offering”) of [23,000,000] shares of the Company’s common stock, par value $0.01 per share, on the date hereof, the Company and the Parthenon Capital Group hereby agree
that the annual advisory fee (the “Annual Advisory Fee”) described in the Advisory Agreement [and the obligations of the Parthenon Capital Group to provide services under the Advisory Agreement shall, in each case,] be terminated,
effective upon payment referenced in the following sentence. In consideration for the termination of the Annual Advisory Fee, the Company agrees to pay PCap a one-time fee of $862,106.73 concurrent with the settlement of the Offering. 
 All other obligations of the Company set forth in the Advisory Agreement shall survive the termination of the Annual Advisory Fee.

 This letter agreement shall be governed by the laws of the State of New York. 
 [Remainder of the page intentionally left blank] 







 If you are in agreement with the foregoing, kindly so indicate by signing a counterpart of
this letter, whereupon it will become a binding agreement between us. 
  

			
	Very truly yours,
	
	KAR AUCTION SERVICES, INC.
		
	By:	 	  

		 	Name:
		 	Title:


 Agreed and accepted: 
 PCAP, LP 

	By:	PCap Managers, LLC 


	Its:	General Partner 

  

					
		 	By:	 	  

		 		 	Name:
		 		 	Title:








 Annex A 
 Financial Advisory Agreement
**Exhibit 32.1**

 

**Certification Pursuant to 18 U.S.C.Section 1350, as Adopted Pursuant toSection 906 of Sarbanes-Oxley Act of 2002**

 

I, Hal M. Krisbergh, the Chief Executive Officer of WorldGateCommunications, Inc., hereby 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 Form 10-Q of WorldGate Communications, Inc., for the quarterly periodended June 30, 2004 (the “Form 10-Q”), fully complies with requirements ofSection 13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C.78m or 78o(d)) and (2) the information contained in the Form 10-Q fairlypresents, in all material respects, the financial condition and results ofoperations of WorldGate Communications, Inc.

 

A signed original of this written statement required bySection 906 has been provided to WorldGate and will be retained byWorldGate and furnished to the Securities and Exchange Commission or its staffupon request.

 

 
| Dated: | August 16, 2004 |                                           | /s/ HAL M. KRISBERGH |
|--------|----------------------|------------------------------------------------|----------------------|
|   |                 |                                           |
|   |                 | Hal M. Krisbergh,  Principal Executive Officer |

 

----
exv10w2






EXHIBIT 10.2




THIRD AMENDMENT

TO

AGREEMENT OF LIMITED PARTNERSHIP

OF

EPE UNIT II, L.P.




Dated as of December 2, 2009




     This Third Amendment (this “Amendment”) to the Agreement of Limited Partnership dated
as of December 5, 2006 (as subsequently amended, the “Partnership Agreement”) of EPE Unit
II, L.P., a Delaware limited partnership (the “Partnership”), is made and entered into
effective as of December 2, 2009, pursuant to the terms of the Partnership Agreement and in
accordance with Section 12.05 thereof.



     Section 1. AMENDMENTS.



          (a) Section 11.01. Paragraph (b) of Section 11.01 of the Partnership Agreement is
hereby amended and restated to read as follows:





     (b) unless otherwise agreed to by the General Partner, the Class A Limited Partner and
a Required Interest, the date that falls on the second trading day immediately following
the first date as of which the distributions with respect to all outstanding EPE Units held
by the Partnership relating to the fourth quarter of fiscal year 2015 have been paid in
full by EPE;



     Section 2. RATIFICATION OF PARTNERSHIP AGREEMENT. Except as expressly modified and amended
herein, all of the terms and conditions of the Partnership Agreement shall remain in full force and
effect.



     Section 3. GOVERNING LAW. THIS AMENDMENT SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE
WITH THE LAWS OF THE STATE OF DELAWARE, EXCLUDING ANY CONFLICTS-OF-LAW RULE OR PRINCIPLE THAT MIGHT
REFER THE GOVERNANCE OR CONTRUCTION OF THIS AGREEMENT TO THE LAWS OF ANOTHER JURISDICTION.



(Signature Page Follows)




 









 






     IN WITNESS WHEREOF, the undersigned have executed this Agreement as of the date first set
forth above.



	 	 	 	 	 	 	 
	GENERAL PARTNER:	 	EPCO, INC.	 	 
	 
	 	 	 	 	 	 
	 

	 	By:
	 	/s/ W. Randall Fowler
 

W. Randall Fowler
	 	 
	 

	 	 	 	President and Chief Executive Officer	 	 
	 
	 	 	 	 	 	 
	CLASS A LIMITED PARTNER:	 	DUNCAN FAMILY INTERESTS, INC.	 	 
	 


	 	 	 	 	 	 
	 

	 	By:
	 	/s/ Darryl E. Smith
 

Darryl E. Smith
	 	 
	 

	 	 	 	Treasurer	 	 
	 
	 	 	 	 	 	 
	CLASS B LIMITED PARTNERS:	 	Representing a majority of Class B Limited	 	 
	 


	 	Partners of the Partnership, pursuant to Powers
of Attorney executed in favor of, and granted
and delivered to the General Partner	 	 
	 
	 	 	 	 	 	 
	 

	 	By:
	 	EPCO, INC.	 	 
	 

	 	 	 	(As attorney-in-fact for the Class B Limited
Partners pursuant to powers of attorney)	 	 
	 
	 	 	 	 	 	 
	 

	 	By:
	 	/s/ W. Randall Fowler	 	 
	 

	 	 	 	 	 	 
	 

	 	 	 	W. Randall Fowler	 	 
	 

	 	 	 	President and Chief Executive Officer	 	 






Third Amendment to Agreement of Limited Partnership of EPE Unit II, L.P.
#### In re COLLYER (two cases).

(Supreme Court, Appellate Division, Second Department.

October 11, 1907.)

In the matter of the accounting of Charles S. Oollyer, as administrator of Elizabeth Oollyer, deceased. In the matter of Henry M. Oollyer, etc., that Fanny Coll-yer, as executrix, pay money into court.

No \ opinion. Motion for reargument granted, and case set down for hearing on Wednesday, October 16, 1907. See 105 N. Y. Supp. 1111.
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

 

I, Barry Lamperd, President and Chief Executive Officer of Lamperd Less Lethal Inc., hereby 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 Annual Report on Form 10-KSB of Lamperd Less Lethal Inc. for the year ended December 31, 2006 (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 Lamperd Less Lethal Inc. |
|-----|------------------------------------------------------------------------------------------------------------------------------------------------------------------|

 
| Dated: April 17, 2007 |   |              |
|-----------------------|--------|-------------------|
|                  |   |              |
|                  |   |              |
|                  |   | /s/ Barry Lamperd |   |  
 

 

Barry Lamperd

 

 

President and Chief Executive Officer

 

 

(Principal Executive Officer, Principal Financial Officer and Principal Accounting Officer)

 

 

Lamperd Less Lethal Inc.

 

 

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 Lamperd Less Lethal Inc. and will be retained by Lamperd Less Lethal Inc. and furnished to the Securities and Exchange Commission or its staff upon request. 

 

 

 

  |
#### UNITED STATES of America, Plaintiff-Appellee v. JOSEPH ENOX, Defendant-Appellant.

No. 11-10037.

United States Court of Appeals, Fifth Circuit.

Sept. 30, 2011.

Susan Cowger, Assistant U.S. Attorney, U.S. Attorney’s Office, Dallas, TX, for Plaintiff-Appellee.

Lydia M. Brandt, Esq., Brandt Law Firm, P.C., Richardson, TX, for Defendant-Appellant.

Before HIGGINBOTHAM, DAVIS, and ELROD, Circuit Judges.

PER CURIAM: *

The attorney appointed to represent Joseph Enox has moved for leave to withdraw and has filed a brief in accordance with *Anders v. California,*386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967), and *United States v. Flores,*632 F.3d 229 (5th Cir.2011). Enox has not filed a response. We have reviewed counsel’s brief and the relevant portions of the record reflected therein. We concur with counsel’s assessment that the appeal presents no nonfrivolous issue for appellate review. Accordingly, counsel’s motion for leave to withdraw is GRANTED, counsel is excused from further responsibilities herein, and the APPEAL IS DISMISSED. *See*5th Cir. R. 42.2.

*

 Pursuant to 5th Cir. 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 5th Cir R. 47.5.4.
**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 B-Teller, Inc., (the “Company”) on Form
      10-KSB for the year ended April 30, 2005 as filed with the Securities and
      Exchange Commission on the date hereof (the “Report”), I, Armando Russo,
      President and J.A. Claydon, Secretary, 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;
                  and
 
 (2)
              The
                  information contained in the Report fairly presents, in all material
                  respects, the financial condition and results of operations of
                  the
                  Company.


B-TELLER,
      INC.


By /s/
      Armando Russo


President




By
      /s /J.A
      Claydon


Secretary


July
      19,
      2006
##### 



Exhibit 14.14 CONSENT OF INDEPENDENT ACCOUNTANTS To the Board of Directors of
Companhia Vale do Rio Doce (CVRD) We hereby consent to the incorporation by reference in (i) the
Registration Statement on Form F-4 (File Nos. 333-109610; 333-109610-01) of
CVRD and Vale Overseas Limited (Vale Overseas); and (ii) the Registration
Statement on Form F-3 (File Nos. 333-110867; 333-10867-01) of CVRD and Vale
Overseas of our report dated January 12, 2004 on the consolidated financial
statements of Valesul Alumínio S.A. which appears in the Annual Report on Form
20-F of CVRD and Vale Overseas for the year ended December 31, 2003. June 4, 2004 /s/ Deloitte Touche Tohmatsu
COURT OF APPEALS FOR THE

FIRST DISTRICT OF TEXAS AT HOUSTON

ORDER ON MOTION

November 7, 2008 Revision

Cause number: 01-13-00510-CV

Style: Giovanny Laguan

v. Hillary J. Lloyd and Kimberly A. Lloyd

Date motion filed*: July 19, 2013

Type of motion: Motion for extension of time to file meritorious response 

Party filing motion: Appellant

Document to be filed: Response to Court’s notice of intent to dismiss for lack of jurisdiction

Is appeal accelerated? No

If motion to extend time:

Original due date: July 22, 2013

Number of previous extensions granted: 0 Current Due date: July 22, 2013

Date Requested: August 5, 2013

Ordered that motion is:

 Granted

If document is to be filed, document due: August 5, 2013

 The Court will not grant additional motions to extend time

 Denied

 Dismissed (e.g., want of jurisdiction, moot)

 Other: _____________________________________ 

Judge's signature: /s/ Laura C. Higley

Panel consists of ____________________________________________

Date: July 29, 2013
#### The People of the State of New York, Respondent, v Elisia Fominas, Appellant.

Appeal by defendant from a judgment of the Supreme Court, Kings County (Kooper, J.), rendered December 15, 1982, convicting her of murder in the second degree and hindering prosecution in the first degree, after a nonjury trial, and imposing sentence.

Judgment affirmed.

Viewing the evidence in the light most favorable to the prosecution, as we must since we are reviewing the legal sufficiency of the evidence *(People v Contes,*60 NY2d 620), the prosecutor established that defendant acted with a depraved indifference to human life *(see, People v Poplis,*30 NY2d 85; *People v McNeeley,*77 AD2d 205; *People v Arca,*72 AD2d 205; *cf. People v Northrup,*83 AD2d 737). Accordingly, defendant’s conviction of murder in the second degree is affirmed, as is her conviction of hindering prosecution in the first degree. Mollen, P. J., Rubin, Lawrence and Kunzeman, JJ., concur.
# Missouri Court of Appeals

Southern District

NOVEMBER 13, 2014

THE FOLLOWING CASES WERE AFFIRMED PURSUANT TO RULE 30.25(b).

1. Case No. SD32902

Re: STATE OF MISSOURI,

Respondent,

vs. BRENT CURTIS SCHWERTZ,

Appellant.
ARMED SERVICES BOARD OF CONTRACT APPEALS Appeal of

-- ) ) CERETECHS, Ltd. ) ) Under Contract Nos. W91B4M-10-D-4008 ) W91B4M-I0-D-4015 ) APPEARANCES FOR THE APPELLANT:

APPEARANCES FOR THE GOVERNMENT: ASBCA No. 60406

Gerald H. Werfel, Esq. Ian A. Cronogue, Esq.

Baker, Cronogue, Tolle & Werfel, LLP McLean, VA Raymond M. Saunders, Esq.

Army ChiefTrial Attorney MAJ Wayne T. Branom III, JA

Trial Attorney ORDER OF DISMISSAL The appeal has been withdrawn. Accordingly, it is dismissed from the Board's docket with prejudice. Dated: September 5, 2018
DA YID D'ALESSANDRIS Administrative Judge Armed Services Board ofContract Appeals I certify that the foregoing is a true copy ofthe Order ofDismissal ofthe Armed Services Board ofContract Appeals in ASBCANo. 60406, Appeal ofCERETECHS, Ltd., rendered in conformance with the Board's Charter. Dated:

JEFFREY D. GARDIN Recorder, Armed Services Board ofContract Appeals
UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT
No. 96-6797
ALEXANDER FRANKLIN JACKSON, Plaintiff - Appellant, versusD. COOK, Officer; R. VERMILLION, Officer Lieutenant; COUNTY OF FAIRFAX; FAIRFAX CORRECTIONAL CENTER, Unit #30, Defendants - Appellees.
Appeal from the United States District Court for the Eastern District of Virginia, at Norfolk. Henry C. Morgan, Jr., District Judge. (CA-95-404-2) Submitted: October 3, 1996 Decided: October 15, 1996 Before ERVIN, LUTTIG, and MICHAEL, Circuit Judges. Affirmed by unpublished per curiam opinion. Alexander Franklin Jackson, Appellant Pro Se. Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c).2 PER CURIAM: Appellant appeals the district court's order dismissing his 42 U.S.C. § 1983 (1994) complaint. The district court assessed a filing fee in accordance with Evans v. Croom , 650 F.2d 521 (4th Cir. 1981), cert. denied , 454 U.S. 1153 (1982), and dismissed the case without prejudice when Appellant failed to comply with the fee order. Finding no abuse of discretion, we affirm the district court's order. 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.

AFFIRMED
EXHIBIT 99.1





Certification


Pursuant to Section 906 of the Sarbanes-Oxley Act of 2002


(Subsections (a) and (b) of Section 1350, Chapter 63 of Title 18, United States Code)





Pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, subsections (a) and (b) of section 1350, chapter 63 of title 18, United States Code), each of the undersigned officers of CuraGen Corporation,
a Delaware corporation (the Company), does hereby certify, to such officers knowledge, that:





The Quarterly Report on Form 10-Q for the quarter ended June 30, 2002 (the Form 10-Q) of the Company fully complies with the requirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934, and the
information contained in the Form 10-Q fairly presents, in all material respects, the financial condition and results of operations of the Company.





Dated: August 9, 2002

By: /s/ Jonathan M. Rothberg, Ph.D. Jonathan M. Rothberg, Ph.D. Chief Executive Officer, President and Chairman of the Board (principal executive
officer)Dated: August 9, 2002

By: /s/ David M. Wurzer David M.
Wurzer Executive Vice-President, Treasurer and Chief Financial Officer (principal financial and accounting officer)





The foregoing certification is being furnished solely pursuant to
section 906 of the Sarbanes-Oxley Act of 2002 (subsections (a) and (b) of section 1350, chapter 63 of title 189, United States Code) and is not being files as part of a separate disclosure document.