alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
EXHIBIT 32.1
 Certification of Chief Executive Officer and Chief Financial Officer
 Pursuant to
 18 U.S.C. Section 1350
 as adopted pursuant to
 Section 906 of The Sarbanes-Oxley Act of 2002
  The undersigned, the Chief Executive Officer of Retail Opportunity Investments Corp. (the "Company"), hereby certifies to the best of his knowledge on the date hereof, pursuant to 18 U.S.C. 1350(a), as adopted pursuant to Section 906 of The Sarbanes-Oxley Act of 2002, that the Quarterly Report on Form 10-Q for the quarter ended March 31, 2010 (the "Form 10-Q"), filed concurrently herewith by the Company, fully complies with the requirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934, as amended, and that the information contained in the Form 10-Q fairly presents, in all material respects, the financial condition and results of operations of the Company.
 Date:  May 6, 2010
By:
/s/ Stuart A. Tanz

Name:  Stuart A. Tanz

Title:  Chief Executive Officer
 The undersigned, the Chief Financial Officer of Retail Opportunity Investments Corp. (the "Company"), hereby certifies to the best of his knowledge on the date hereof, pursuant to 18 U.S.C. 1350(a), as adopted pursuant to Section 906 of The Sarbanes-Oxley Act of 2002, that the Quarterly Report on Form 10-Q for the quarter ended March 31, 2010 (the "Form 10-Q"), filed concurrently herewith by the Company, fully complies with the requirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934, as amended, and that the information contained in the Form 10-Q fairly presents, in all material respects, the financial condition and results of operations of the Company.
 Date:  May 6, 2010
By:
/s/ John B. Roche

Name:  John B. Roche

Title:  Chief Financial Officer
 
 Pursuant to the Securities and Exchange Commission Release 34-8238, dated June 5, 2003, this certification is being furnished and shall not be deemed filed by the Company for purposes of Section 18 of the Securities Exchange Act of 1934, as amended, or incorporated by reference in any registration statement of the Company filed under the Securities Act of 1933, as amended.
  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.
1

In The

Court of Appeals

Ninth District of Texas at Beaumont

__________________

NO. 09-19-00423-CV

__________________

IN THE ESTATE OF JOLE PICCOLI EAKER

__________________________________________________________________

On Appeal from the County Court at Law No. 2

Montgomery County, Texas

Trial Cause No. 19-38550-P

__________________________________________________________________

MEMORANDUM OPINION

Clotilde “Tillie” Eaker filed notice of appeal from the trial court’s order of 

October 29, 2019. On December 30, 2019, we notified the parties that the clerk’s 

record had not been filed due to the appellant’s failure to pay, or to arrange to pay, 

the District Clerk’s fee for preparing the clerk’s record. The notice also warned the 

appellant that the appeal would be dismissed for want of prosecution unless she 

established that she paid the fee or needed additional time to do so. None of the 

parties filed a response.
2

There being no satisfactory explanation for the failure to file the clerk’s 

record, we dismiss the appeal for want of prosecution. See Tex. R. App. P. 37.3(b); 

see also Tex. R. App. P. 42.3(b). 

APPEAL DISMISSED.

PER CURIAM

 

Submitted on February 19, 2020

Opinion Delivered February 20, 2020

Before Kreger, Horton, and Johnson, JJ.
ARMED SERVICES BOARD OF CONTRACT APPEALS Appeals of

-- Potomac Construction Company, Inc. Under Contract Nos. FQ 9194, FQ 9098 APPEARANCE FOR THE APPELLANT:

APPEARANCE FOR THE AUTHORITY: ) ) ) ) ) ASBCA Nos. 60327, 60328

Charles W. Sickels, Esq.

Sickels, Frei & Mims, P.C. Fairfax, VA Jon B. Crocker, Esq.

ChiefCounsel Washington Metropolitan Area Transit Authority Washington, DC ORDER OF DISMISSAL The dispute has been settled. The appeals are dismissed with prejudice. Dated: 12 July 2016

# ~~ Administrative Judge Acting Chairman Armed Services Board ofContract Appeals
I certify that the foregoing is a true copy ofthe Order ofDismissal ofthe Armed Services Board ofContract Appeals in ASBCA Nos. 60327, 60328, Appeals ofPotomac Construction Company, Inc., rendered in conformance with the Board's Charter. Dated:
JEFFREY D. GARDIN Recorder, Armed Services Board ofContract Appeals
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




In
connection with the Quarterly Report of Tremisis Energy Acquisition Corporation
II (the “Company”) on Form 10-Q for the period ending March 31, 2009 (the
“Report”), as filed with the Securities and Exchange Commission on the date
hereof, I Sang-Chul Kim, Chief Executive Officer of the Company, certify
pursuant to 18 U.S.C. Sec. 1350, as adopted pursuant to Sec. 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, as amended; and




2. The
information contained in the Report fairly presents, in all material respects,
the financial condition and result of operations of the Company.




Date:
      August 12, 2009
            /s/ Sang-Chul KimName:
            Sang-Chul
      KimTitle:
            Chairman
      and Chief Executive Officer
              (Principal
      Executive Officer)
**Exhibit 32.1**

 

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

 

Inconnection with the annual report on Form 10-K of Lake Area CornProcessors, LLC (the “Company”) for the three months ended December 31,2007, as filed with the Securities and Exchange Commission on the date hereof(the “Report”), I, Scott Mundt, Chief Executive Officer of the Company,certify, pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906of the Sarbanes-Oxley Act of 2002, that:

 

1.                                       The Report fully complies with therequirements of Section 13(a) or 15(d) of the SecuritiesExchange Act of 1934, as amended; and

 

2.                                       The information contained in the Reportfairly presents, in all material respects, the financial condition and resultsof operations of the Company.

 
|   | /s/ Scott Mundt             |
|--------|-----------------------------|
|   | Scott Mundt                 |
|   | Chief Executive Officer     |
|   | Dated: March 28,  2008 |

 

----
<PAGE>

                                                                   Page 25 of 25
                                                                   EXHIBIT 99(h)


Key Bank USA, National Association                 JPMorgan Chase Bank,
127 Public Square                                  formally known as The Chase
Manhattan Bank Cleveland, Ohio 44114-1306          as Indenture Trustee
                                                   4 New York Plaza, 6th Floor
                                                   New York, New York 10004-2477

Bank One, National Association                     MBIA Insurance Corporation
 as Eligible Lender Trustee                         as Surety Provider
One First National Plaza Suite 0126                113 King Street
Chicago, Illinois 60670                            Armonk, New York 10504

                         INDEPENDENT ACCOUNTANT'S REPORT
                      FOR KEYCORP STUDENT LOAN TRUST 2001-A

We have examined management's assertion, included in its representation letter
dated March 19, 2003 that Key Bank USA, National Association (KBUSA), a wholly
owned subsidiary of KeyCorp, complied with sections 4.04, 4.08(a), 4.08(b),
4.08(c), 5.05, 5.06, 5.07 and 5.08 of the KeyCorp Student Loan Trust 2001-A Sale
and Servicing Agreement and sections 1.(a)(xx), 1.(b)(iii), 2 and 3 of the
KeyCorp Student Loan Trust 2001-A Administration Agreement (collectively, the
"Agreements") as of December 31, 2002 and for the year then ended and for the
period from September 1, 2001 to December 31, 2001 and for the period then
ended. Management is responsible for KBUSA's compliance with those requirements.
Our responsibility is to express an opinion on management's assertion about
KBUSA's compliance based on our examination.

Our examination was conducted in accordance with attestation standards
established by the American Institute of Certified Public Accountants and,
accordingly, included examining, on a test basis, evidence about KBUSA's
compliance with those requirements and performing such other procedures as we
considered necessary in the circumstances, except that in accordance with
Section 5.05 of the Sale and Servicing Agreement, our examination assumed the
accuracy of reports prepared by KBUSA's student loan processor. We believe that
our examination provides a reasonable basis for our opinion. Our examination
does not provide a legal determination on KBUSA's compliance with the specified
requirements.

In our opinion, assuming the accuracy of reports prepared by KBUSA's student
loan processor, management's assertion that KBUSA complied with the
aforementioned requirements as of December 31, 2002 and for the year then ended
is fairly stated, in all material respects.

This report is intended solely for the information and use of KBUSA, JPMorgan
Chase Bank, Bank One, National Association and MBIA Insurance Corporation and is
not intended to be and should not be used by anyone other than for these
specified parties.

                                                    /s/ Ernst & Young LLP



Cleveland, Ohio
March 19, 2003
**Exhibit 32(a)**

 

**CERTIFICATION PURSUANT TO 18 U.S.C. SECTION 1350,**

**AS ADOPTED PURSUANT TO SECTION 906 OF THE**

**SARBANES-OXLEY ACT OF 2002**

 

Pursuant to Section 906 of the Sarbanes-Oxley Act of 2002 and in connection with the Quarterly Report on Form 10-Q of Zep Inc. (the “Corporation”) for the quarter ended February 28, 2011, as filed with the Securities and Exchange Commission on the date hereof (the “Report”), I, John K. Morgan, the Chairman, President, and Chief Executive Officer of the Corporation, hereby certify 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, 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 Corporation.

 
| /s/   John K. Morgan                               |   |   |
|----------------------------------------------------|--------|--------|
| John   K. Morgan                                   |   |
| Chairman,   President, and Chief Executive Officer |   |
| April 5,   2011                               |   |

 

----
UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 02-6426

UNITED STATES OF AMERICA, Plaintiff - Appellee, versus ANTHONY ANTONIO SMITH, Defendant - Appellant. Appeal from the United States District Court for the District of South Carolina, at Greenville. G. Ross Anderson, Jr., District Judge. (CR-97-129, CA-01-3599-6-13) Submitted: May 30, 2002 Decided: June 7, 2002 Before WILKINS, TRAXLER, and GREGORY, Circuit Judges. Dismissed by unpublished per curiam opinion. Anthony Antonio Smith, Appellant Pro Se. Elizabeth Jean Howard, OFFICE OF THE UNITED STATES ATTORNEY, Greenville, South Carolina, for Appellee. Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c).2 PER CURIAM: Anthony Antonio Smith seeks to appeal the district court’s order denying his motion filed under 28 U.S.C.A. § 2255 (West Supp. 2001). We have reviewed the record and the district court’s opinion accepting the recommendation of the magistrate judge and find no reversible error. Accordingly, we deny a certificate of appealability and dismiss the appeal on the reasoning of the district court. See United States v. Smith , Nos. CR-97-129; CA-01- 3599-6-13 (D.S.C. filed Jan. 30, 2002 & entered Jan. 31, 2002). 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.

DISMISSED
EXHIBIT 31.3



Certification
Pursuant to Section 302 of the Sarbanes-Oxley Act of 2002



I, Tom Pallack, certify that:



|1. | I have reviewed this annual report on Form 10-K/A of SITO Mobile, Inc. for the fiscal year ended December 31, 2017;
|-- | -------------------------------------------------------------------------------------------------------------------



|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.
|-- | ----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------



|Date:  April 30, 2018 | By: | /s/ Tom Pallack                                              
|--------------------- | --- | -------------------------------------------------------------
|                      |     | Chief Executive Officer
        (Principal Executive Officer)
#### UNITED STATES of America, Plaintiff-Appellee, v. William R. KAPP, Defendant-Appellant.

No. 03-4075.

United States Court of Appeals, Seventh Circuit.

June 9, 2006.

Debra Riggs Bonamici, Office of the United States Attorney, Chicago, IL, for Plaintiff-Appellee.

Scott Kamin, Chicago, IL, for Defendant-Appellant.

Before Hon. MICHAEL S. KANNE, Circuit Judge, Hon. DIANE P. WOOD, Circuit Judge, Hon. DIANE S. SYKES, Circuit Judge.

ORDER

Kapp was sentenced to 51 months’ imprisonment for violations of the Endangered Species Act and the Lacey Act. On appeal, Kapp argued, among other things, that his sentence violated the Sixth Amendment. *See United States v. Booker,*543 U.S. 220, 125 S.Ct. 738, 160 L.Ed.2d 621 (2005); *United States v. Paladino,*401 F.3d 471, 481 (7th Cir.2005). We remanded to ask whether the judge would have imposed a lesser sentence had she known that the guidelines were advisory. *See Paladino,*401 F.3d at 483-84. The judge answered that she would have imposed the same sentence. Because that sentence fell within the correctly calculated guidelines range, it is presumptively reasonable. *See United States v. Mykytiuk,*415 F.3d 606, 608 (7th Cir.2005). Kapp filed no response before us to rebut that presumption and our independent review uncovers nothing to suggest unreasonableness. Therefore, in addition to his convictions, Kapp’s sentence is also AFFIRMED.
<PAGE>

                                                                      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 on Form 10-KSB/A of Dwango North
America Corp. (the "Company") as filed with the Securities and Exchange
Commission on the date hereof (the "Report"), each of the undersigned 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.

                                                     /s/ Rick J. Hennessey
                                                     ------------------------
                                                     Rick J. Hennessey
                                                     Chief Executive Officer

                                                     Dated: August 9, 2004


                                                     /s/ J. Paul Quinn
                                                     ------------------------
                                                     J. Paul Quinn
                                                     Chief Financial Officer

                                                     Dated: August 9, 2004
| **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 China Digital Ventures Corporation a Nevada    corporation (the "Company") on Form 10-Q for the six months period ending March    31, 2010, as filed with the Securities and Exchange Commission on the date hereof (the    "Report"), Bing He, Chief Financial Officer of the Company, certifies to the    best of his knowledge, pursuant to 18 U.S.C. ss. 1350, as adopted pursuant to ss. 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 result of operations of the Company.
    A signed original of this written statement required by Section 906 has been provided to    China Digital Ventures Corporation, and will be retained by China Digital Ventures    Corporation and furnished to the Securities and Exchange Commission or its staff upon    request.
    Dated: May 19, 2010

/s/ Bing He    Bing He    (Chief Financial Officer)** |
|-----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|
EXHIBIT 32.1




CERTIFICATIONS


PURSUANT TO


18 U.S.C. SECTION 1350 AS ADOPTED PURSUANT TO SECTION 906


OF THE SARBANES-OXLEY ACT OF 2002





Pursuant to 18 U.S.C. Section 1350 as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, each of the undersigned officers of Zurvita Holdings, Inc. (the Company), does hereby certify, to such officer’s knowledge, that:





The Quarterly Report on Form 10-Q for the period ending October 31, 2010 (the “Form 10-Q”) of the Company fully complies with the requirement 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:December 20, 2010
/s/ Jay ShaferJay ShaferCo-Chief Executive Officer


Dated:December 20, 2010
/s/ Jason PostJason PostChief Financial Officer
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/A of SinoHub, Inc. (the “Company”) for the quarter ending March 31, 2010 as filed with the Securities and Exchange Commission on the date hereof (the “Report”), Li De Hai, Chief Financial Officer of the Company, hereby certifies, pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that to his 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 3, 2011
By:
/s/ Li De HaiLi De HaiChief Financial Officer
Exhibit
31.2


CERTIFICATION





I, Craig
Stout, certify that:





1. I have
reviewed this quarterly report on Form 10-Q of Vemics, 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 small business issuer as
of, and for, the periods presented in this report;





4. The
small business issuer'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 small business issuer and
have:





a.  designed
such disclosure controls and procedures 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 quarterly report is being prepared;





b.
 evaluated the effectiveness of the registrant’s disclosure controls and
procedures as of the end of the period (the “Evaluation Date”); and





c.  
presented in this quarterly report our conclusions about the effectiveness of
the disclosure controls and procedures based on our evaluation as of the
Evaluation Date;





5. The
small business issuer's other certifying officer and I have disclosed, based on
our most recent evaluation, of internal control over financial reporting, to the
small business issuer's auditors and the audit committee of the small business
issuer'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 small business issuer'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 small business issuer's internal control over
financial reporting.





6.  The
registrant’s other certifying officer and I have indicated in this quarterly
report whether there were significant changes in internal controls or in other
factors that could significantly affect internal controls subsequent to the date
of our most recent evaluation, including any corrective actions with regard to
significant deficiencies and material weaknesses.







Vemics,
Inc.
                      (Registrant)Date:
      November 17, 2009
                    By:
                    /s/ Craig
      StoutCraig
      StoutChief
      Financial Officer(Principal
      Accounting Officer)