alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT
No. 97-742
In Re: TERRY WENDELL COPELAND, Petitioner.
On Petition for Writ of Mandamus. (CA-97-1211-AMD) Submitted: December 18, 1997 Decided: January 6, 1998 Before WILKINS, NIEMEYER, and HAMILTON, Circuit Judges. Petition denied by unpublished per curiam opinion. Terry Wendell Copeland, Petitioner Pro Se. Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c).2 PER CURIAM: Terry Copeland has filed a petition for a writ of mandamus seeking recusal of the district court judge presiding over his 28 U.S.C.A. § 2255 (West 1994 & Supp. 1997) motion. Mandamus is a drastic remedy to be used only in extraordinary circumstances. See Kerr v. United States Dist. Court , 426 U.S. 394, 402 (1976). Mandamus relief is only available when there are no other means by which the relief sought could be granted, see In re Beard, 811 F.2d 818,826 (4th Cir. 1987), and may not be used as a substitute for appeal. See In re United Steelworkers , 595 F.2d 958, 960 (4th Cir. 1979). The party seeking mandamus relief carries the heavy burden of showing that he has "no other adequate means to attain the relief he desires" and that his right to such relief is "clear and indisputable." Allied Chem. Corp. v. Daiflon, Inc. , 449 U.S. 33, 35 (1980). Copeland has not made such a showing. Accordingly, we deny Copeland's motion to proceed in forma pauperis and deny mandamus relief. 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.

PETITION DENIED
<PAGE>

EXHIBIT 12

                             CHECKPOINT SYSTEMS, INC.
                       RATIO OF EARNINGS TO FIXED CHARGES
                                   (UNAUDITED)
<TABLE>
<CAPTION>


(amounts in thousands)                2005            2004           2003            2002           2001
-------------------------------------------------------------------------------------------------------------
<C>                                  <C>             <C>            <C>             <C>            <C>
Interest expense (1)             $   2,956      $    8,445     $   13,053      $   18,071     $   23,549

Interest factor in rental
  expense                            5,673           6,871          7,196           5,136          4,400
-------------------------------------------------------------------------------------------------------------
(a) Fixed charges, as defined    $   8,629      $   15,316     $   20,249      $   23,207     $   27,949
-------------------------------------------------------------------------------------------------------------

Earnings (loss) from continuing
  operations before income
  taxes and minority
  interest plus income from
  an equity investee             $  42,370      $   20,861     $   29,832      $   23,209     $     (754)

Fixed charges                        8,629          15,316         20,249          23,207         27,949

-------------------------------------------------------------------------------------------------------------
(b) Earnings, as defined         $  50,999      $   36,177     $   50,081      $   46,416     $   27,195
-------------------------------------------------------------------------------------------------------------

(c) Ratio of earnings to fixed
        charges (b / a)               5.9x            2.4x           2.5x            2.0x           1.0x

=============================================================================================================
</TABLE>

(1) Includes amortization of finance costs.


The ratio of earnings to fixed charges is computed by dividing earnings by fixed
charges. "Earnings" consist of earnings from continuing operations before income
taxes and minority interest plus income from an equity method investee plus
fixed charges. "Fixed Charges" consist of interest expense plus one-third of
rental expense (which amount is considered representative of the interest factor
in rental expense).
<PAGE>

                                                                    Exhibit 31.2

                                  CERTIFICATION

     I, Edward J. Fletcher, Chief Financial Officer of i3 Mobile, Inc., certify
that:

     1.   I have reviewed this quarterly report on Form 10-Q of i3 Mobile, Inc.;

     2.   Based on my knowledge, this report does not contain any untrue
statement of a material fact or omit to state a material fact necessary to make
the statements made, in light of the circumstances under which such statements
were made, not misleading with respect to the period covered by this report;

     3.   Based on my knowledge, the financial statements, and other financial
information included in this report, fairly present in all material respects the
financial condition, results of operations and cash flows of the registrant as
of, and for, the periods presented in this report;

     4.   The registrant's other certifying officer and I are responsible for
establishing and maintaining disclosure controls and procedures (as defined in
Exchange Act Rules 13a-15(e) and 15d-15(e)) for the registrant and have:

          a)   Designed such disclosure controls and procedures, or caused such
disclosure controls and procedures to be designed under our supervision, to
ensure that material information relating to the registrant, including its
consolidated subsidiaries, is made known to us by others within those entities,
particularly during the period in which this report is being prepared;

          b)   Evaluated the effectiveness of the registrant's disclosure
controls and procedures and presented in this report our conclusions about the
effectiveness of the disclosure controls and procedures, as of the end of the
period covered by this report based on such evaluation; and

          c)   Disclosed in this report any change in the registrant's internal
control over financial reporting that occurred during the registrant's most
recent fiscal quarter that has materially affected, or is reasonably likely to
materially affect, the registrant's internal control over financial reporting;
and

     5.   The registrant's other certifying officer and I have disclosed, based
on our most recent evaluation of internal control over financial reporting, to
the registrant's auditors and the audit committee of the registrant's board of
directors (or persons performing the equivalent functions):

          a)   All significant deficiencies and material weaknesses in the
design or operation of internal control over financial reporting which are
reasonably likely to adversely affect the registrant's ability to record,
process, summarize, and report financial information; and

          b)   Any fraud, whether or not material, that involves management or
other employees who have a significant role in the registrant's internal control
over financial reporting.

Date:  August 13, 2003

/s/ Edward J. Fletcher
-------------------------
Name:  Edward J. Fletcher
Title: Chief Financial Officer
Exhibit 10.45


 


AGREEMENT TO TERMINATE VOTING RIGHTS PROXY
AND FINANCIAL SUPPORTING AGREEMENT


 


THIS AGREEMENT TO TERMINATE
VOTING RIGHTS PROXY AND FINANCIAL SUPPORTING AGREEMENT (this “Agreement”) is entered into as of May 13, 2019, by and
among Chongqing Jinghuangtai Enterprise Management and Consulting Co., Ltd., a foreign investment enterprise incorporated under
the laws of the People’s Republic of China (“PRC”) (“WOFE”); Chongqing Penglin Food
Co., Ltd., a limited liability company organized under the laws of the PRC (“Penglin”) and the Xiaojun Zheng,
a shareholder holding 0.8% of the equity interests of Penglin (“Shareholder”, with WOFE and Penglin collectively
referred to as the “Parties”).


 


WHEREAS, in connection
with a certain Technical Consultation and Service Agreement dated as of October 9, 2017, and, Amendment to Technical Consultation
and Service Agreement dated as of February 25, 2018 (collectively, the “Consulting Agreement”), WOFE entered
into an Voting Rights Proxy and Financial Supporting Agreement (the “Voting Rights Agreement”) with Penglin
and Shareholder;


 


WHEREAS, Shareholder
and Zeshu Dai, as of the date hereof, have entered into a certain Share Transfer Agreement (the “Share Transfer Agreement”),
pursuant to which Shareholder has transferred all equity interest of Penglin to Zeshu Dai and no longer been the shareholder of
Penglin;


 


NOW, THEREFORE, in
consideration of the foregoing recitals and the mutual agreements herein contained and for other good and valuable consideration,
the Parties agree as follows:


 


A.       TERMINATION
OF THE VOTING RIGHTS PROXY AND FINANCIAL SUPPORTING AGREEMENT. Each of WFOE, Penglin and Shareholder hereby agree to terminate
the Voting Rights Agreement and its Exhibit A Power of Attorney.


 


B.        GOVERNING
LAW. This Agreement shall be governed and construed under the laws of the People’s Republic of China, and shall be binding
on and shall inure to the benefit of the parties and their respective successors and permitted assigns.


 


C.        COUNTERPARTS.
This Agreement may be executed in any number of counterparts, each of which shall be an original, but all of which together shall
constitute one instrument.


 


[Remainder of page left blank intentionally.]


 






     


     


    

 


SIGNATURE PAGE


 


IN
WITNESS WHEREOF, the Parties hereto have caused this Amendment to be duly executed by their legal representatives and duly
authorized representatives on their behalf as of the date first set forth above.


 


Chongqing Jinghuangtai Enterprise Management and Consulting
Co., Ltd.


 


	By:	/s/ Zeshu Dai	 
	Name:  	Zeshu Dai	 
	Title:	Legal Representative	 
	 	 	 
	Chongqing Penglin Food Co., Ltd.	 
	 	 	 
	By:	/s/ Zeshu Dai	 
	Name:  	Zeshu Dai	 
	Title:	Legal Representative	 
	 	 	 
	Xiaojun Zheng	 
	 	 	 
	By:	/s/ Xiaojun Zheng	 
	Xiaojun Zheng
EX-10.3.2





 Exhibit 10.3.2 

SECOND AMENDMENT TO 
 FUND ADMINISTRATION AND ACCOUNTING AGREEMENT 
 WHEREAS, World Gold Trust
(the “Trust”), a Delaware statutory trust organized in series (each, a “Fund” and collectively, the “Funds”), and The Bank of New York Mellon, a New York corporation authorized to do a banking business (“BNY
Mellon”), have heretofore entered into a Fund Administration and Accounting Agreement (“Agreement”), dated as of January 5, 2017, as amended June 6, 2018; and 

WHEREAS, the parties hereto desire to amend the Agreement (“Amendment”) to reflect the removal of SPDR® Long Dollar Gold
Trust, a series of the Trust, from Exhibit A. 
 NOW, THEREFORE, in consideration of the agreements and obligations set forth
herein and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, each of the Trust, on behalf of each Fund, and BNY Mellon hereby amend the Agreement and agree as follows: 

Exhibit A.    Exhibit A is hereby deleted and replaced in its entirety with Exhibit A set forth below to reflect
the removal of SPDR® Long Dollar Gold Trust: 
 “Exhibit A 

SPDR® Euro Gold Trust 
 SPDR® Pound
Gold Trust 
 SPDR® Yen Gold Trust 

SPDR® Gold MiniShares Trust” 
 IN WITNESS WHEREOF, the parties hereto have caused this Amendment to be duly executed and delivered as of October 2, 2019. 

 

			
	 WORLD GOLD TRUST,

On behalf of each Fund listed on Exhibit A,
 as
amended herein

		
	By:	 	 /s/  Gregory S. Collett

	 Name:
 Title:

Date:
	 	 Gregory S. Collett*
 Vice
President
 October 2, 2019

	  
 * Authorized to sign on behalf
of the Trust in this
 capacity since an officer of the Trust’s sponsor



  

			
	THE BANK OF NEW YORK MELLON
		
	By:	 	 /s/  Elizabeth Stubenrauch

	 Name:
 Title:

Date:
	 	 Elizabeth Stubenrauch

Relationship Manager
 October 11,
2019
Clear All

        12 March 2024    

                    400+ Allied, Joint Special Operations Forces Secure the Arctic                 
                Recognizing the importance of the Arctic region to defense of the homeland from potential adversarial threats, elite special operations forces from the U.S. Navy, U.S. Army, U.S. Air Force, Canada, Denmark, Norway, and the United Kingdom recently concluded high-impact training events throughout the            

        08 September 2023    

                    Naval Special Warfare Interoperates with USS John P. Murtha in Bering Sea                 
                East Coast based Naval Special Warfare Operators (SEALs) seamlessly integrated with USS John P. Murtha (LPD 26) during Operation Polar Dagger, in the Alaskan Arctic region, demonstrating special operations forces capability to operate in austere locations to defend critical infrastructure and            

#####  

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###### Commander, U.S. Fleet Forces Command   |   1562 Mitscher Ave., Suite 250   |   Norfolk, Virginia 23551-2487

###### Official U.S. Navy Website
IN THE UNITED STATES BANKRUPTCY COURT
          FOR THE WESTERN DISTRICT OF PENNSYLVANIA


IN RE:


BICO, INC.,                             Bankruptcy No. 03-
23239-MBM
f\k\a Biocontrol Technology, Inc.,








               Debtor(s)                            Chapter
11


 ORDER APPROVING JOINT SECOND AMENDED DISCLOSURE STATEMENT,
  FIXING TIME FOR FILING ACCEPTANCES OR REJECTIONS OF PLAN,
  FIXING TIME FOR HEARING ON PLAN CONFIRMATION, AND SETTING
   LAST DAY FOR FILING A COMPLAINT OBJECTING TO DISCHARGE
                COMBINED WITH NOTICE THEREOF



     And now, AT Pittsburgh this 12th day of August, 2004, a
  joint second amended disclosure statement and joint
  second amended plan of reorganization having been filed
  under Chapter 11 of the Bankruptcy Code by the Debtor-In-
  Possession AND PHD Capital, on August 3, 2004, and it
  having been determined after notice and hearing that the
  joint second amended disclosure statement contains
  adequate information;
       IT IS ORDERED, ADJUDGED and DECREED, and notice is
  hereby given, that:
     (1)    The joint second amended disclosure statement
  filed by the Debtor-In-Possession and PHD Capital, dated
  August 3, 2004, is APPROVED subject to the provisions in
  the Order of Court dated August 9, 2004.
     (2)    The 16th day of September, 2004 is fixed as the
  last day for filing written acceptances or rejections to
  the plan referred to above and the last day to file
  claims not already barred by operation of law or rule or
  order of this Court.
     (3)    Within 5 days after the entry of this order,
  the joint second amended disclosure statement, joint
  second amended plan, a copy of this order, a copy of the
  order dated August 9, 2004, and a ballot conforming to
  Official Form No. 14 shall be mailed to all creditors,
  equity security holders, and other parties in interest,
  and shall be transmitted to the United States Trustee, as
  provided in Fed. R. Bankr. P. 3017(d). See order dated
  August 9, 2004, for any revisions to service
  requirements.
     (4)    The 23rd day of September 2004, at 10:30 a.m.
  in Courtroom B, 54th Floor, USX Tower, 600 Grant Street,
  Pittsburgh, PA 15219, is the time and place fixed for
  hearing on confirmation of the plan.
     (5)    The 16th day of September 2004, is fixed as the
  last day for filing and serving written objections to
  confirmation of the plan, pursuant to Rule 3020(b)(1).
     (6)    Pursuant to Bankruptcy Rule 4004(a), the last
  day for filing a complaint objecting to discharge, if
  applicable, shall not be later than N/A.





                                   M. BRUCE MCCULLOUGH
                                   U.S. Bankruptcy Judge


     Cm: Steven T. Shreve, Esq.
              Robert O. Lampl, Esq.
<TABLE> <S> <C>

<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM i3 MOBILE
INC. FINANCIAL STATEMENTS AND IS QUALIFIED IN ITS ENTIRETY BY REFERENCE TO SUCH
FINANCIAL STATEMENTS AS OF AND FOR THE SIX MONTHS ENDED JUNE 30, 2000.
</LEGEND>
<MULTIPLIER> 1,000

<S>                             <C>
<PERIOD-TYPE>                   6-MOS
<FISCAL-YEAR-END>                          DEC-31-2000
<PERIOD-START>                             JAN-01-2000
<PERIOD-END>                               JUN-30-2000
<CASH>                                          99,594
<SECURITIES>                                         0
<RECEIVABLES>                                      912
<ALLOWANCES>                                       164
<INVENTORY>                                          0
<CURRENT-ASSETS>                               105,010
<PP&E>                                           4,694
<DEPRECIATION>                                     623
<TOTAL-ASSETS>                                 109,808
<CURRENT-LIABILITIES>                            2,815
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                           247
<OTHER-SE>                                           0
<TOTAL-LIABILITY-AND-EQUITY>                   109,808
<SALES>                                              0
<TOTAL-REVENUES>                                 2,016
<CGS>                                                0
<TOTAL-COSTS>                                    1,215
<OTHER-EXPENSES>                                 9,489
<LOSS-PROVISION>                                    71
<INTEREST-EXPENSE>                                   0
<INCOME-PRETAX>                                (7,016)
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                                  0
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                   (7,016)
<EPS-BASIC>                                     (0.72)
<EPS-DILUTED>                                   (0.72)


</TABLE>
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Case 1:07-cv-05730-BSJ Document 12-10 Filed 07/23/2007 Page 1 of 3
Case 1:07-cv-05730-BSJ Document 12-10 Filed 07/23/2007 Page 2 of 3
Case 1:07-cv-05730-BSJ Document 12-10 Filed 07/23/2007 Page 3 of 3
```

[Federal Register Volume 66, Number 85 (Wednesday, May 2, 2001)]
[Notices]
[Page 21986]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-11046]

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

FEDERAL DEPOSIT INSURANCE CORPORATION

Sunshine Act Meeting; Notice of Agency Meeting

    Pursuant to the provisions of the ``Government in the Sunshine 
Act'' (5 U.S.C. 552b), notice is hereby given that at 2 p.m. on 
Thursday, April 26, 2001, the Board of Directors of the Federal Deposit 
Insurance Corporation met in closed session to consider matters 
relating to the Corporation's corporate and resolution activities.
    In calling the meeting, the Board determined, on motion of Director 
Ellen S. Seidman (Director, Office of Thrift Supervision), seconded by 
Director John M. Reich (Appointive), concurred in by Director John D. 
Hawke, Jr. (Comptroller of the Currency), and chairman Donna Tanoue, 
that Corporation business required its consideration of the matters on 
less than seven days' notice to the public; that no notice earlier than 
April 20, 2001, of the meeting was practicable; that the public 
interest did not require consideration of the matters in a meeting open 
to public observation; and that the matters could be considered in a 
closed meeting by authority of subsections (c)(2), (c)(4), (c)(6), 
(c)(8), (c)(9)(A)(ii), (c)(9)(B), and (c)(10) of the ``Government in 
the Sunshine Act'' (5 U.S.C. 552b(c)(2), (c)(4), (c)(6), (c)(8), 
(c)(9)(A)(ii), (c)(9)(B), and (c)(10)).
    The meeting was held in the Board Room of the FDIC Building located 
at 550--17th Street, NW., Washington, DC.

    Dated: April 27, 2001.
Federal Deposit Insurance Corporation.
James D. LaPierre,
Deputy Executive Secretary.
[FR Doc. 01-11046 Filed 4-27-01; 4:45 pm]
BILLING CODE 6714-01-M
```
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 Annual Report of China Natural Gas, Inc. (the "Company") on Form 10-K/A for the fiscal year ended December 31, 2010 as filed with the Securities and Exchange Commission on the date hereof (the "Report"), I,  Bode Xu, certify, pursuant to 18 U.S.C. ss. 1350, as adopted pursuant to ss. 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 results of operations of the Company.





Date: June 14, 2011





/s/ Bode XuBode Xu, Principal Financial and Accounting

Officer