alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
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Exhibit 32.1

CERTIFICATION OF THE CHIEF EXECUTIVE OFFICER

Pursuant
to 18 U.S.C. § 1350

Solely for the purpose of complying with 18 U.S.C. § 1350, as adopted pursuant to Section 906 of the
Sarbanes-Oxley Act of 2002, I, the undersigned President and Chief Executive Officer of Nicholas Financial, Inc. (the Company), hereby certify that the Quarterly Report on Form 10-Q of the Company for the three and six months ended
September 30, 2009 (the 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 the Report fairly presents, in all material respects,
the financial condition and results of operations of the Company.



|                                     
|-------------------------------------
|/s/ Peter L. Vosotas                 
|Peter L. Vosotas                     
|President and Chief Executive Officer
|                                     
|Dated: November 13, 2009
```

[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[S. 1936 Introduced in Senate (IS)]

105th CONGRESS
  2d Session
                                S. 1936

   To suspend temporarily the duty on certain chemicals used in the 
                   formulation of anti-cancer drugs.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                             April 3, 1998

 Mrs. Feinstein (for herself and Mrs. Boxer) introduced the following 
  bill; which was read twice and referred to the Committee on Finance

_______________________________________________________________________

                                 A BILL

 
   To suspend temporarily the duty on certain chemicals used in the 
                   formulation of anti-cancer drugs.

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

SECTION 1. TEMPORARY SUSPENSION OF DUTY.

    (a) In General.--Subchapter II of chapter 99 of the Harmonized 
Tariff Schedule of the United States is amended by inserting in 
numerical sequence the following new heading:

``     9902.32.16      (S)-N-[[5-[2-(2-                                                                         
                        amino-4,6,7,8-                                                                          
                        tetrahydro-4-oxo-                                                                       
                        1H-pyrimido[5,4-                                                                        
                        b] [1,4]thiazin-6-                                                                      
                        yl)ethyl]-2-                                                                            
                        thienyl]carbonyl]-                                                                      
                        L-glutamic acid                                                                         
                        diethyl ester                                                                           
                        (CAS No. 177575-                                                                        
                        19-8) (provided                                                                         
                        for in subheading                                                                       
                        2934.90.90)......  Free         No change         No change         On or before 12/    
                                                                                             31/1999            
                                                                                                                

    (b) Effective Date.--The amendment made by this section applies 
with respect to goods entered, or withdrawn from warehouse for 
consumption, on or after the 15th day after the date of enactment of 
this Act.
                                 <all>
```
<TABLE> <S> <C>

<ARTICLE> 5

<S>                             <C>
<PERIOD-TYPE>                   YEAR
<FISCAL-YEAR-END>                          JUN-30-2000
<PERIOD-END>                               JUN-30-2000
<CASH>                                               0
<SECURITIES>                                         0
<RECEIVABLES>                                        0
<ALLOWANCES>                                         0
<INVENTORY>                                          0
<CURRENT-ASSETS>                                     0
<PP&E>                                               0
<DEPRECIATION>                                       0
<TOTAL-ASSETS>                                       0
<CURRENT-LIABILITIES>                           28,966
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                         1,505
<OTHER-SE>                                    (30,471)
<TOTAL-LIABILITY-AND-EQUITY>                         0
<SALES>                                              0
<TOTAL-REVENUES>                                     0
<CGS>                                                0
<TOTAL-COSTS>                                   23,000
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                   0
<INCOME-PRETAX>                               (23,000)
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                           (23,000)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                  (23,000)
<EPS-BASIC>                                    (0.015)
<EPS-DILUTED>                                  (0.015)


</TABLE>
II

105TH CONGRESS

1ST SESSION S. 1516

To improve the Federal contract tower program.

IN THE SENATE OF THE UNITED STATES

NOVEMBER 10, 1997

Mr. FORD introduced the following bill; which was read twice and referred to

the Committee on Commerce, Science, and Transportation

A BILL

To improve the Federal contract tower program.

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

3 SECTION 1. FAA AIR TRAFFIC CONTROL PILOT PROGRAM

4 FOR SMALL AIRPORTS.

5 (a) IN GENERAL.—Subchapter II of chapter 418 of

6 title 49, United States Code, is amended by adding at the

7 end thereof the following:

8 ‘‘§ 41743. Air traffic control services pilot program

9 ‘‘(a) IN GENERAL.—To further facilitate the use of,

10 and to improve the level of safety at, small airports, the

11 Secretary of Transportation shall establish a pilot pro12 gram to contract for Level I air traffic control services
2

S 1516 IS

1 at 20 facilities not eligible for participation in the Federal

2 Contract Tower Program.

3 ‘‘(b) PROGRAM COMPONENTS.—In carrying out the

4 pilot program established under subsection (a), the Sec5 retary may—

6 ‘‘(1) utilize current, actual, site-specific data,

7 forecast estimates, or airport system plan data pro8 vided by a facility owner or operator;

9 ‘‘(2) take into consideration unique aviation

10 safety, weather, strategic national interest, disaster

11 relief, medical and other emergency management re12 lief services, status of regional airline service, and

13 related factors at the facility; and

14 ‘‘(3) approve for participation any facility will15 ing to fund a pro rata share of the operating costs

16 used by the Federal Aviation Administration to cal17 culate, and, as necessary, a 1:1 benefit-to-cost ratio,

18 as required for eligibility under the Federal Contract

19 Tower Program.

20 ‘‘(c) REPORT.—One year before the pilot program es21 tablished under subsection (a) terminates, the Secretary

22 shall report to the Congress on the effectiveness of the

23 program, with particular emphasis on the safety and eco24 nomic benefits provided to program participants and the

25 national air transportation system.’’.
3

S 1516 IS

1 (b) CLERICAL AMENDMENT.—The chapter analysis

2 for chapter 418 of title 49, United States Code, is amend3 ed by adding at the end thereof the following:

‘‘41743. Air traffic control services pilot program’’.

Æ
#### The People of the State of New York, Respondent, v Gary A. Goon, Appellant.

— Harvey, J.

In June 1983, defendant was convicted upon his plea of *348guilty of the crime of operating a motor vehicle while under the influence of alcohol, as a felony. He was sentenced to 30 days in jail and five years’ probation. In March 1984, a "Uniform Violation of Probation Report” was filed alleging that defendant failed to comply with the terms of his probation in that he failed to attend and complete an appropriate alcohol treatment program. Defendant pleaded guilty to the violation and, in turn, received a negotiated sentence of 90 days’ imprisonment and continued probation.

Defendant’s sole contention on appeal is that the sentence must be vacated since County Court failed to order an updated presentence report. CPL 390.20 (1) requires a sentencing court to receive a presentence report prior to sentencing "[i]n any case where a person is convicted of a felony”. Although the statute does not explicitly extend this requirement to the revocation of probation of a convicted felon *(see, People v Halaby,*77 AD2d 717, 718 [Kane, J., concurring]), courts have so extended the requirement *(see, e.g., People v Bellis,*115 AD2d 237; *People v Stanton,*96 AD2d 652, 653). A presentence report is not necessary, however, if the minimum authorized sentence is imposed *(People v Navarro,*91 AD2d 618) or the sentence is a bargained one and the defendant waives the presentence investigation requirement *(People v Dowdell,*72 AD2d 622, 623; *People ex rel. Seaman v Warden,*53 AD2d 848). Furthermore, since the primary concern is that the court consider "the fullest possible information on a defendant’s background” *(People v Halaby, supra,*p 718), a packet prepared by the Probation Department which supplies relevant information about defendant since preparation of the original presentencing report serves as the functional equivalent of an updated report *(People v Jackson,*106 AD2d 93, 98 [Titone, J.]).

Here, County Court was provided with a Uniform Violation of Probation Report. The report provided detailed information about defendant’s activities since his original sentencing. Further, the report reflected that the Probation Department had investigated the circumstances surrounding defendant’s probation violation and the report included a recommended sentence *(see,*CPL 390.30). It cannot be disputed that County Court considered this report, as the record reveals that the court expressly referred to the report. Accordingly, we conclude that the County Court was sufficiently apprised of defendant’s conduct since the time of his original sentencing to properly sentence defendant for this probation violation.

*349Judgment affirmed. Main, J. P., Mikoll, Yesawich, Jr., Levine and Harvey, JJ., concur.
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 Wheat, Sorghum and Forage Research: Lincoln, NE
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Exhibit 10.15


 





 


December 11,
2008


 


[Holder
name]


[Holder
address]


 


Subject:                                                     Side Letter Agreement to the 10% Senior
Secured Convertible Note between Precision Optics Corporation, Inc. and
the Holder signatory thereto, dated June 25, 2008.


 


Dear
Holder:


 


This
Side Letter Agreement entered into on December 11, 2008, by and between
Precision Optics Corporation, Inc. and the Holder signatory to the 10%
Senior Secured Convertible Note, dated June 25, 2008 (the “Note”), will
serve to modify the first paragraph of the Note to remedy a drafting mistake in
the Note. Capitalized terms used herein which are not otherwise defined shall
have the same meaning as those given to them in the Note.


 


The
last sentence in the above-described paragraph is hereby modified as follows:


 


At
the option of the Holder, accrued interest on this Note may be paid in newly
issued, fully paid and nonassessable shares of Common Stock calculated in
accordance with Section 4 herein.


 


No other terms, rights or provisions of the Note are or should be considered to have been modified by the terms of this Side Letter Agreement and each party retains all other rights, obligations, privileges and duties contained in the Agreement.
 
Agreed and Accepted on December 11, 2008:


 


	
  Very
  truly yours,

   

  	
   

  	
   

  
	
  Precision
  Optics Corporation, Inc. 

  	
   

  	
   

  
	
   

  	
   

  	
   

  
	
  Name:
  Richard E. Forkey

  	
   

  	
   

  



 


	
  /s/
  Richard E. Forkey

  	
   

  
	
   

  	
   

  
	
  Name:
  Richard E. Forkey

  	
   

  
	
  Title:
  President and Chief Executive

  Officer

  	
   

  
	
   

  	
   

  
	
  December 11,
  2008

  	
   

  
	
  Date

  	
   

  
	
   

  	
   

  
	
  Agreed
  to and Accepted by:

  	
   

  
	
   

  	
   

  
	
  Special
  Situations Fund III QP, L.P.

  	
   

  
	
   

  	
   

  
	
  /s/ Austin W. Marxe

  	
   

  
	
  Name:
  Austin W. Marxe

  	
   

  
	
  Title:
  General Partner

  	
   

  
	
   

  	
   

  
	
  December 17, 2008

  	
   

  
	
  Date

  	
   

  
	
   

  	
   

  
	
  Special
  Situations Private Equity Fund, L.P.

  	
   

  
	
   

  	
   

  
	
  /s/ Austin W. Marxe

  	
   

  
	
  Name:
  Austin W. Marxe

  	
   

  
	
  Title:
  General Partner

  	
   

  
	
   

  	
   

  
	
  December 17, 2008

  	
   

  
	
  Date

  	
   

  
	
   

  	
   

  
	
  /s/ Arnold Schumsky

  	
   

  
	
  Name:
  Arnold Schumsky

  	
   

  
	
   

  	
   

  
	
  December 16, 2008

  	
   

  
	
  Date
Exhibit 32.2

CERTIFICATION OF THE CHIEF FINANCIAL OFFICER

Pursuant
to 18 U.S.C. § 1350

Solely for the purpose of complying with 18 U.S.C. § 1350, as adopted pursuant to Section 906 of the
Sarbanes-Oxley Act of 2002, I, the undersigned Senior Vice President and Chief Financial Officer of Nicholas Financial, Inc. (the Company), hereby certify that the Quarterly Report on Form 10-Q of the Company for the three and six months
ended September 30, 2009 (the 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 the Report fairly presents, in all material
respects, the financial condition and results of operations of the Company.



|                                                 
|-------------------------------------------------
|/s/ Ralph T. Finkenbrink                         
|Ralph T. Finkenbrink                             
|Senior Vice President and Chief Financial Officer
|                                                 
|Dated: November 13, 2009