alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
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 on Form 10-Q of Active Power, Inc. (the Company) for the period ending September 30, 2010 as filed with the Securities and Exchange Commission on
the date hereof (the Report), I, John K. Penver, Vice President of Finance, Chief Financial Officer and Secretary 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 my knowledge:



|(1) | The Report fully complies with the requirements of Section 13(a) or 15(d), as applicable, 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.
|--- | ----------------------------------------------------------------------------------------------------------------------------------------------------

A signed original 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.



/s/ John K. PenverJohn K. PenverVice President of Finance, Chief Financial Officer and SecretaryOctober 26, 2010
EXHIBIT 32

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 CyberAds, Inc. #2 ("the
Company")on Form 10-KSB for the period ended #3 as filed with the Securities and
Exchange Commission on the date hereof ("the Report"), I, Larry Levinson, Chief
Financial Officer, Principal Accounting Officer, Chief Executive Officer and
President, certify, pursuant to 18 U.S.C. Section 1350, as adopted pursuant to
Section 906 of the Sarbanes-Oxley Act of 2002, that to 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 result of operations of the
Company.

Dated: April 14, 2004


/s/WALTER TATUM
Walter Tatum
President
<PAGE>

                                                                    Exhibit 32.1

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


     In connection with the Annual Report of Lawrence Financial Holdings, Inc.
(the "Company") on Form 10-KSB for the period ending December 31, 2003 as filed
with the Securities and Exchange Commission (the "Report), I, RobRoy Walters,
Chief Financial Officer of the Company, certify, pursuant to 18 U.S.C.ss.1350,
as added by ss.906 of the Sarbanes-Oxley Act of 2002, that:

     1. The Report fully complies with the requirement of Section 13(a) or 15(d)
of the Securities and 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 as of
and for the period covered by the Report.


                              /s/ RobRoy Walters
                             -----------------------
                             Chief Financial Officer
                                 RobRoy Walters
                                 March 12, 2004
Exhibit 13.1

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), the undersigned officer of sanofi-aventis, a French société anonyme (the Company), does hereby certify, to such officers knowledge, that:

The annual report on Form 20-F for the year ended December 31, 2009 (the Form 20-F) of the Company fully complies with the
requirements of section 13(a) or 15(d) of the Securities Exchange Act of 1934 and information contained in the Form 20-F fairly presents, in all material respects, the financial condition and results of operations of the Company.

Date: March 12, 2010

By:

/s/ Christopher ViehbacherChristopher Viehbacher Chief Executive Officer


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



1
#### David Michael MURR, Petitioner-Appellee, v. John MARSHALL, Warden, Respondent-Appellant.

No. 09-56960.

United States Court of Appeals, Ninth Circuit.

Argued and Submitted Dec. 8, 2010.

Filed April 13, 2011.

*671Roger Sandberg Hanson, Esquire, Santa Ana, CA, for Petitioner-Appellee.

Collette C. Cavalier, Deputy Attorney General, AGCA — Office of the California Attorney General, Nicholas Newlin Paul, Esquire, Deputy Assistant Attorney General, California Department of Justice BMFEA, San Diego, CA, Amanda Lloyd, AGCA — Office of the California Attorney General, San Francisco, CA, Jennifer Anne Neill, Supervising Deputy Attorney General, AGCA — Office of the California Attorney General, Sacramento, CA, for Respondent-Appellant.

Before: PREGERSON, CLIFTON, and M. SMITH, Circuit Judges.

MEMORANDUM *

Warden John Marshall appeals from the district court’s grant of the petition for habeas corpus of David Michael Murr. In light of the Supreme Court’s recent decision in *Swarthout v. Cooke,*— U.S. -, 131 S.Ct. 859, 178 L.Ed.2d 732 (2011), we hold that Murr’s federal right to due process was not violated. Murr “was allowed an opportunity to be heard and was provided a statement of the reasons why parole was denied.” *Id,*at 862. Thus, Murr is not entitled to a writ of habeas corpus.

Murr argues that *Cooke*did not address whether the Constitution requires a showing of some evidence of future danger before states can deny parole. This *672argument has been rejected by our precedent. *See Pearson v. Muntz,*639 F.3d 1185, 1191 (9th Cir.2011). Murr also argues that the Governor violated his due process rights by not granting Murr a hearing before reversing his grant of parole. This argument was raised for the first time in a letter filed pursuant to Rule 28(j) of the Federal Rules of Appellate Procedure. It was thus made too late, and is not properly before us. *See id.*at 1191 n. 5.

REVERSED.

*

 This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.
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





The undersigned, Leada Tak Tai Li, the
Chief Financial Officer of CHINA PRECISION STEEL, INC. (the “Company”), DOES
HEREBY CERTIFY that:





1.      The
Company’s Quarterly Report on Form 10-Q for the quarter ended December 31, 2009
(the “Report”), fully complies with the requirements of Section 13(a) of the
Securities Exchange Act of 1934; and





2.      Information
contained in the Report fairly presents, in all material respects, the financial
condition and results of operation of the Company.





IN WITNESS WHEREOF, each of the
undersigned has executed this statement this 16th day of
February, 2010.





/s/ Leada Tak Tai LiLeada
      Tak Tai LiChief
      Financial Officer(Principal
      Financial Officer)





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





The
forgoing certification is being furnished to the Securities and Exchange
Commission pursuant to § 18 U.S.C. Section 1350. It is not being filed for
purposes of Section 18 of the Securities Exchange Act of 1934, as amended, and
is not to be incorporated by reference into any filing of the Company, whether
made before or after the date hereof, regardless of any general incorporation
language in such filing.
Destiny Media Technologies Inc. - Exhibit 4.1 - Filed by newsfilecorp.com











DESCRIPTION OF CAPITAL STOCK


Common Stock 


Our authorized capital consists of 20,000,000 shares of common stock with a par value of $0.001 per share. 


Holders of our common stock have no preemptive rights to purchase additional shares of common stock or other subscription rights. The common stock carries no conversion rights and is not subject to redemption or to any sinking fund provisions. All
of our issued common stock is entitled to share equally in dividends from sources legally available, when, as and if declared by our Board of Directors, and upon our liquidation or dissolution, whether voluntary or involuntary, to share equally in
our assets available for distribution to security holders. 


Our Board of Directors is authorized to issue additional shares of common stock not to exceed the amount authorized by our Articles of Incorporation, on such terms and conditions and for such consideration as the Board may deem appropriate without
further security holder action. 


Voting Rights 


Each holder of our common stock is entitled to one vote per share on all matters on which such stockholders are entitled to vote. Since the common stock does not have cumulative voting rights, the holders of more than 50% of the shares voting for
the election of directors can elect all the directors if they choose to do so and, in such event, the holders of the remaining shares will not be able to elect any person to the Board of Directors. 


Dividend Policy 


Holders of our common stock are entitled to dividends if declared by the Board of Directors out of funds legally available for the payment of dividends. Since our inception, we have not declared any dividends, nor do we intend to issue any cash
dividends in the future. Our foreseeable plans include retaining earnings, if any, to finance the development and expansion of our business.
<PAGE>   1
                                                                   EXHIBIT 4.2

             SCHEDULE OF WARRANTS ISSUED (PP SERIES)



<TABLE>
<CAPTION>
DATE OF          NAME OF WARRANT RECIPIENT          WARRANT         NUMBER OF           EXERCISE PRICE
ISSUANCE                                            NO.             SHARES OF           EXERCIABLE PERIOD
                                                                    COMMON STOCK
----------------- -------------------------------- --------------- ----------------- ------------------------
<S>               <C>                              <C>             <C>               <C>
4/26/2000         Dara Podber                      PP-1            25,000            Exercise Price:  $1.625
                                                                                     Exercisable from
                                                                                     5/1/2000 to 5/1/2005
4/26/2000         Maris Kott                       PP-2            25,000            Exercise Price:  $1.625
                                                                                     Exercisable from
                                                                                     5/1/2000 to 5/1/2005
4/26/2000         Dara Podber                      PP-3            25,000            Exercise Price:  $1.625
                                                                                     Exercisable from
                                                                                     8/1/2000 to 8/1/2005
4/26/2000         Maris Kott                       PP-4            25,000            Exercise Price:  $1.625
                                                                                     Exercisable from
                                                                                     8/1/2000 to 8/1/2005
</TABLE>
#### BALD HEAD ASSOCIATION, Plaintiff-Appellee, v. Peter C. CURNIN, Defendant-Appellant.

No. 10-1655.

United States Court of Appeals, Fourth Circuit.

Submitted: March 29, 2011.

Decided: May 20, 2011.

Francis X. Moore, Frank X. Moore & Associates, Atlanta, Georgia, for Appellant. Theresa M. Sprain, Womble Carlyle Sandridge & Rice, PLLC, Raleigh, North Carolina; Andrew Kent McVey, Murchison, Taylor & Gibson, Wilmington, North Carolina, for Appellee.

Before KING, SHEDD, and DAVIS, Circuit Judges.

Dismissed in part; affirmed in part by unpublished PER CURIAM opinion.

Unpublished opinions are not binding precedent in this circuit.

PER CURIAM:

Peter C. Curnin appeals the district court’s order remanding to state court the civil action filed against him by Bald Head Association (“BHA”) in the General Court of Justice, Superior Court Division, Brunswick County, North Carolina. The district court granted the BHA’s motion to remand the petition after finding no basis for removal under 28 U.S.C. §§ 1441, 1442, or 1443 (2006).

Pursuant to 28 U.S.C. § 1447(d) (2006), “[a]n order remanding a case to the State court from which it was removed is not reviewable on appeal or otherwise,” with the exception of an order of remand pursuant to section 1443. The Supreme Court has interpreted § 1447(d) to insulate from appellate review only those remand orders based on the grounds specified in 28 U.S.C. § 1447(c) (2006): a defect in the removal procedure and a lack of subject matter jurisdiction. *Quackenbush v. Allstate Ins. Co.,*517 U.S. 706, 711-12, 116 S.Ct. 1712, 135 L.Ed.2d 1 (1996) (instructing that § 1447(c) and (d) must be read in conjunction with one another). Thus, because the district court concluded it lacked subject matter jurisdiction under §§ 1441 and 1442, that portion of the remand order is not subject to appellate review. *Ellenburg v. Spartan Motors Chassis,*519 F.3d 192, 196 (4th Cir.2008); *In re Blackwater Security Consulting, LLC,*460 F.3d 576, 582-83 (4th Cir.2006). Accordingly, we dismiss Cumin’s appeal to the extent it challenges the district court’s jurisdictional determination under §§ 1441 and 1442. We decline to exercise mandamus jurisdiction over these rulings.

The district court’s conclusion that removal was improper pursuant to 28 U.S.C. § 1443 is reviewable, however. 28 U.S.C. § 1447(d). After a thorough review of the record and the district court’s order, we find no reversible error; accordingly, we affirm this portion of the remand order on the reasoning of the district court. *See Bald Head Association v. Curnin,*No. 7:09-cv-00173-F, 2010 WL 1904268 (E.D.N.C. May 10, 2010).

We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before *361the court and argument would not aid the decisional process.

*DISMISSED IN PART; AFFIRMED IN PART.*
111TH CONGRESS 

2D SESSION H. R. 6191 

AN ACT 

To amend the Small Business Jobs Act of 2010 to include 

certain construction and land development loans in the 

definition of small business lending. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 
2 

•HR 6191 EH

1 SECTION 1. AMENDMENT. 

2 Section 4102(18)(A) of the Small Business Jobs Act 

3 of 2010 is amended by adding at the end the following 

4 new clause: 

5 ‘‘(v) CONSTRUCTION, LAND DEVELOP6 MENT, AND OTHER LAND LOANS.— 

7 ‘‘(I) IN GENERAL.—Loans se8 cured by real estate— 

9 ‘‘(aa) that are made to fi10 nance— 

11 ‘‘(AA) land develop12 ment that is preparatory to 

13 erecting new structures, in14 cluding improving land, lay15 ing sewers, and laying water 

16 pipes; or 

17 ‘‘(BB) the on-site con18 struction of industrial, com19 mercial, residential, or farm 

20 buildings; 

21 ‘‘(bb) that is vacant land, 

22 except land known to be used or 

23 usable for agricultural purposes, 

24 such as crop and livestock pro25 duction; 
3 

•HR 6191 EH

1 ‘‘(cc) the proceeds of which 

2 are to be used to acquire and im3 prove developed or undeveloped 

4 property; or 

5 ‘‘(dd) that are made under 

6 title I or title X of the National 

7 Housing Act. 

8 ‘‘(II) CONSTRUCTION INDUSTRY

9 REQUIREMENT.—Subclause (I) shall 

10 only apply to loans that are extended 

11 to small business concerns in the con12 struction industry, as such term is de13 fined by the Secretary in consultation 

14 with the Administrator of the Small 

15 Business Administration. 

16 ‘‘(III) CONSTRUCTION DE17 FINED.—For purposes of this clause, 

18 the term ‘construction’ includes the 

19 construction of new structures, addi20 tions or alterations to existing struc21 tures, and the demolition of existing 

22 structures to make way for new struc23 tures.’’. 
4 

•HR 6191 EH

1 SEC. 2. EFFECTIVE DATE. 

2 This Act, and the amendments made by this Act, 

3 shall take effect on the later of the following: 

4 (1) The date of the enactment of this Act. 

5 (2) The date of the enactment of the Small 

6 Business Jobs Act of 2010. 

Passed the House of Representatives September 28, 

2010. 

Attest: 

Clerk. 

111TH CONGRESS 

2D SESSION H. R. 6191 

AN ACT 

To amend the Small Business Jobs Act of 2010 to 

lending. ment loans in the definition of small business include certain construction and land develop-
[Federal Register Volume 66, Number 80 (Wednesday, April 25, 2001)]
[Notices]
[Pages 20845-20846]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-10269]


=======================================================================
-----------------------------------------------------------------------

OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE

[Docket No. 301-121]


Notice of Change in Location of Public Hearing: Intellectual 
Property Laws and Practices of the Government of Ukraine

AGENCY: Office of the United States Trade Representative.

ACTION: Notice.

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

SUMMARY: The location of the public hearing scheduled for April 27, 
2001 in the Section 302 investigation of the intellectual property laws 
and practices of the Government of Ukraine has been changed to the 
Office of the United States Trade Representative, 1724 F Street, NW., 
Rooms 1 and 2, Washington, DC.

FOR FURTHER INFORMATION CONTACT: Sybia Harrison, Staff Assistant to the 
Section 301 Committee, (202) 395-3419; or William Busis, Associate 
General Counsel, (202) 395-3150.

SUPPLEMENTARY INFORMATION: In a notice published on April 6, 2001 (66 
FR

[[Page 20846]]

18,346), the Office of the United States Trade Representative announced 
the initiation of a Section 302 investigation of the intellectual 
property laws and practices of the Government of Ukraine, and scheduled 
a public hearing for April 27, 2001. The location of the public hearing 
has been changed to the Office of the United States Trade 
Representative, 1724 F Street, NW., Rooms 1 and 2, Washington, DC. The 
hearing will begin at 10 a.m. on April 27, 2001.

William Busis,
Chairman, Section 301 Committee.
[FR Doc. 01-10269 Filed 4-24-01; 8:45 am]
BILLING CODE 3190-01-U
CERTIFICATION PURSUANT TO 18. U.S.C. SECTION 1350
                    AS ADOPTED PURSUANT TO SECTION 906 OF THE
                           SARBANES-OXLEY ACT OF 2002



     The undersigned  executive  officers of the Registrant  hereby certify that
this  Quarterly  Report on Form 10-QSB for the quarter  ended  December 31, 2002
(the "Report") 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 Report
fairly presents,  in all material respects,  the financial condition and results
of operations of the Registrant.


                                By: /s/ Larry D. Smith
                                    --------------------------------------------
                                    Name:  Larry D. Smith
                                    Title: President and Chief Executive Officer


                                By: /s/ Frank L. DeLay
                                    --------------------------------------------
                                    Name:  Frank L. DeLay
                                    Title: Chief Financial Officer


Date: February 6, 2003
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 on Form 10-Q of Active Power, Inc. (the
Company) for the period ending June 30, 2006 as filed with the Securities and Exchange Commission on the date hereof (the Report), I, John K. Penver, Chief 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, to my knowledge:



|(1) | The Report fully complies with the requirements of Section 13a or 15d, as applicable, 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.
|--- | ----------------------------------------------------------------------------------------------------------------------------------------------------

A signed original 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.



|                                                     
|-----------------------------------------------------
|/s/ John K. Penver                                   
|John K. Penver                                       
|Vice President of Finance and Chief Financial Officer
|July 27, 2006
**Exhibit 10.1**

**Summary of May 10, 2006 oral agreement with James A. Clishem, its President and Chief Executive Officer**

OnMay 10, 2006, Active Power entered into an oral agreement with James A. Clishem in connection with his appointment as Chief Executive Officer of the company. Pursuant to the terms of such agreement, Mr. Clishem will receive an annual basesalary of $300,000 and his annual bonus target under Active Power’s Executive Compensation Plan will be 100% of his annual base salary. Mr. Clishem also was granted, effective May 10, 2006, an option to purchase 200,000 shares ofActive Power common stock at an exercise price equal to the per-share fair market value on the date of grant, which shall vest at a rate of 25% per year over four years. Mr. Clishem will continue to participate in Active Power’semployee benefit programs and will be entitled to a severance payment equal to six months of his then current salary in the event his employment is terminated by Active Power for reasons other than cause.