alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
**Exhibit31.2**

 

**CERTIFICATIONBY CHIEF FINANCIAL OFFICER**

 

I, Curtis L. Garner, Jr.,certify that:

 

1.               I havereviewed this quarterly report on Form 10-Q of Otelco Inc.;

 

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

 

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

 

4.               The registrant’s other certifying officer andI are responsible for establishing and maintaining disclosure controls andprocedures (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 oursupervision, to ensure that material information relating to the registrant,including its consolidated subsidiaries, is made known to us by others withinthose entities, particularly during the period in which this report is beingprepared;

 

b.              evaluated the effectiveness of the registrant’sdisclosure controls and procedures and presented in this report our conclusionsabout the effectiveness of the disclosure controls and procedures, as of theend of the period covered by this report based on such evaluation; and

 

c.               disclosed in this report any change in theregistrant’s internal control over financial reporting that occurred during theregistrant’s most recent fiscal quarter that has materially affected, or isreasonably likely to materially affect, the registrant’s internal control overfinancial reporting; and

 

5.               The registrant’s other certifying officer(s)and I have disclosed, based on our most recent evaluation of internal controlover financial reporting, to the registrant’s auditors and the audit committeeof the registrant’s board of directors (or persons performing the equivalentfunctions):

 

a.               all significant deficiencies and materialweaknesses in the design or operation of internal control over financialreporting which are reasonably likely to adversely affect the registrant’sability to record, process, summarize and report financial information; and

 

b.              any fraud, whether or not material, thatinvolves management or other employees who have a significant role in theregistrant’s internal control over financial reporting.

 

 

Date:   August 10, 2005

 

 
| /s/ Curtis L.  Garner, Jr. |   |
|---------------------------------|--------|
| Curtis  L. Garner, Jr.     |
| *Chief Financial Officer*       |

 

----
Exhibit 32.1

CERTIFICATION OF CHIEF EXECUTIVE OFFICER

I, Vincent Rossi, Chief Executive Officer of St. Bernard Software, Inc. (the Small Business
Issuer), do hereby certify pursuant to Rule 15d-14(b) of the Securities and Exchange Act of 1934, as amended, and Section 1350 of Chapter 63 of Title 18 of the United States Code that:



| | (1) | the Small Business Issuers Quarterly Report on Form 10-QSB for the quarter ended June 30, 2007 (the Report), to which this statement is filed as an exhibit,
fully complies with the requirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1034 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 Small Business Issuer.
| | --- | ------------------------------------------------------------------------------------------------------------------------------------------------------------------



|                       |  |                        
|---------------------- |  | -----------------------
|Dated: August 17, 2007
|                       | 
|By:                    |  | /s/ Vincent Rossi      
|                       |  | Vincent Rossi          
|                       |  | Chief Executive Officer
#### Federal Deposit Insurance Corporation *v.*Retirement Management Group, Inc., et al.

*Patrick W. Boatman,*in support of the petition.

*Donald E. Frechette,*in opposition.

Decided June 4, 1993

The defendants’ petition for certification for appeal from the Appellate Court, 31 Conn. App. 80 (AC 10668), is denied.
Ex 10.13



Exhibit 10.13  Scientific Advisory Board Agreement with Scott Williams



                              Contract to Serve on
                      GenoMed's Scientific Advisory Board


Date: 1/15/02



By my signature below I agree to serve as a member of the Scientific Advisory
Board (SAB) of GenoMed, LLC; (the "Company").


I understand and agree that my commitment to the Company is limited to the
following items:


     a. From time to time, to provide advice, consultation or assistance via
telephone conversation, email or FAX.

     b. To provide GenoMed with my curriculum vitae, of which a brief summary,
subject to my final editorial consent, will be included on GenoMed's website (at
www.genomedics.com).

     I understand and agree that I will not at any time or in any manner,
either directly or indirectly, divulge, disclose, or communicate in any manner
any information that is proprietary to the Company. I will protect such
information and treat it as strictly confidential.

     I understand that, as a member of the Company's Scientific Advisory Board,
I may be invited by the Company to participate in additional projects, such as
helping to explain the company's scientific approach to various funding entities
such as venture capital firms, or to analyze the company's scientific data, but
that these additional projects will be negotiated on a case by case basis, and
that I am in no way obligated to perform such duties by the current contract.


     I understand and agree that the Scientific Advisory Board Contract will be
a five (5) year agreement, but that it can be terminated on 30 days' written
notice by either party for any reason whatsoever. The compensation for my
services will be paid by the Company as follows:


1. 100,000 1-year restricted common shares of the Company payable upon the first
anniversary from the date of this Contract.


2. 100,000 1-year restricted common shares of the Company payable upon the
second anniversary from the date of this Contract.


3. 100,000 1-year restricted common shares of the Company payable upon the third
anniversary from the date of this Contract.


4. 100,000 1-year restricted common shares of the Company payable upon the
fourth anniversary from the date of this Contract.


5. 100,000 1-year restricted common shares of the Company payable upon the fifth
anniversary from the date of this Contract.




Signed:/s/ Scott Williams                    Date 1/15/02


For GenoMed, LLC:
Signed:/s/ David W. Moskowitz                Date 1/15/02
##### 



Exhibit 32.2 CERTIFICATION
PURSUANT TO 18 U.S.C. SECTION 1350,
AS ADOPTED BY SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002 I, Kenneth J. Cichocki, as Chief Financial Officer of Home Interiors &
Gifts, Inc., (the Company) certify, pursuant to 18 U.S.C. 1350, as adopted by
Section 906 of the Sarbanes-Oxley Act of 2002, that to my knowledge: (1) the accompanying Form 10-K report for the period ending December 31,
2003 as filed with the U.S. Securities and Exchange Commission (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
Company. Dated: March 22, 2004 /s/ KENNETH J. CICHOCKIKenneth J. CichockiChief Financial Officer
[Federal Register Volume 70, Number 194 (Friday, October 7, 2005)]
[Notices]
[Page 58714]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-20234]


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

DEPARTMENT OF HEALTH AND HUMAN SERVICES

National Institutes of Health


National Cancer Institute; Notice of Closed Meeting

    Pursuant to section 10(d) of the Federal Advisory Committee Act, as 
amended (5 U.S.C. Appendix 2) notice is hereby given of the following 
meeting.
    The meeting will be closed to the public in accordance with the 
provisions set forth in sections 552b(c)(4) and 552b(c)(6), Title 5 
U.S.C., as amended. The grant applications and the discussions could 
disclose confidential trade secrets or commercial property such as 
patentable material, and personal information concerning individuals 
associated with the grant applications, the disclosure of which would 
constitute a clearly unwarranted invasion of personal privacy.

    Name of Committee: National Cancer Institute Initial Review 
Group. Subcommittee F--Manpower & Training, NCI-F Initial Review of 
Manpower and Training Grants.
    Date: October 25-26, 2005.
    Time: 8 a.m. to 5 p.m.
    Agenda: To review and evaluate grant applications.
    Place: Marriott Crystal Gateway, 1700 Jefferson Davis Highway, 
Arlington, VA 22202.
    Contact Person: Lynn M. Amende, PhD, Scientific Review 
Administrator, Resources and Training Review Branch, Division of 
Extramural Activities, National Cancer Institute, 6116 Executive 
Blvd., Room 8105, Bethesda, MD 20892, 301-451-4759, 
<a href="/cdn-cgi/l/email-protection#3859555d565c5d54785559515416565150165f574e"><span class="__cf_email__" data-cfemail="fe9f939b909a9b92be939f9792d0909796d0999188">[email protected]</span></a>.

(Catalogue of Federal Domestic Assistance Program Nos. 93.392, 
Cancer Construction; 93.393, Cancer Cause and Prevention Research; 
93.394, Cancer Detection and Diagnosis Research; 93.395, Cancer 
Treatment Research; 93.396, Cancer Biology Research; 93.397, Cancer 
Centers Support; 93.398, Cancer Research Manpower; 93.399, Cancer 
Control, National Institutes of Health, HHS)

    Dated: September 27, 2005.
Anthony M. Coelho, Jr.,
Acting Director, Office of Federal Advisory Committee Policy.
[FR Doc. 05-20234 Filed 10-6-05; 8:45 am]
BILLING CODE 4140-01-M


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</html>
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 Hill International, Inc. (the Company) on Form 10-Q for the
period ended September 30, 2008 (the Report), I, Irvin E. Richter, Chairman and Chief Executive 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:



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



/s/ Irvin E. RichterIrvin E. Richter Chairman and Chief Executive Officer


Dated: November 7, 2008
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, each of the undersigned officers of W&T Offshore, Inc. (the Company), hereby certifies, to the best of his knowledge, that the
Companys Quarterly Report on Form 10-Q for the period ended June 30, 2006 fully complies with the requirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934 and that information contained in such Quarterly Report
fairly presents, in all material respects, the financial condition and results of operations of the Company.



|                      |  |                                
|--------------------- |  | -------------------------------
|Date: August 14, 2006 |  | /s/ TRACY W. KROHN             
|                      |  | Tracy W. Krohn                 
|                      |  | Chief Executive Officer        
|                      | 
|Date: August 14, 2006 |  | /s/ WILLIAM W. TALAFUSE        
|                      |  | William W. Talafuse            
|                      |  | Interim Chief Financial Officer
<TABLE> <S> <C>

<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM THE AUDITED
FINANCIAL STATEMENTS OF CREDIT CONCEPTS, INC. AS OF AND FOR THE YEAR ENDED
JULY 31, 2000 AND IS QUALIFIED IN ITS ENTIRETY BY REFERENCE TO SUCH FINANCIAL
STATEMENTS.
</LEGEND>

<S>                             <C>
<PERIOD-TYPE>                   YEAR
<FISCAL-YEAR-END>                          JUL-31-2000
<PERIOD-END>                               JUL-31-2000
<CASH>                                          94,357
<SECURITIES>                                         0
<RECEIVABLES>                                4,656,641
<ALLOWANCES>                                   371,000
<INVENTORY>                                          0
<CURRENT-ASSETS>                                     0
<PP&E>                                          50,159
<DEPRECIATION>                                  19,704
<TOTAL-ASSETS>                               4,510,388
<CURRENT-LIABILITIES>                                0
<BONDS>                                      4,314,848
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                       150,000
<OTHER-SE>                                    (18,908)
<TOTAL-LIABILITY-AND-EQUITY>                 4,510,388
<SALES>                                              0
<TOTAL-REVENUES>                             1,273,478
<CGS>                                                0
<TOTAL-COSTS>                                        0
<OTHER-EXPENSES>                               589,482
<LOSS-PROVISION>                               253,852
<INTEREST-EXPENSE>                             483,499
<INCOME-PRETAX>                               (53,355)
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                           (53,355)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                  (53,355)
<EPS-BASIC>                                 (177.85)
<EPS-DILUTED>                                 (177.85)


</TABLE>
EXHIBIT
32.1





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 Continental Airlines, Inc., a Delaware corporation (the
“Company”), does hereby certify, to such officer's knowledge, that:





The
Annual Report on Form 10-K for the fiscal year ended December 31, 2009 (the
“Form 10-K”) 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 10-K 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
Continental Airlines, Inc. and will be retained by Continental Airlines, Inc.
and furnished to the Securities and Exchange Commission or its staff upon
request.









Dated:
February 17, 2010








/s/ Jeffery A.
Smisek


Jeffery
A. Smisek


Chairman,
President and


Chief
Executive Officer








/s/ Zane C.
Rowe


Zane C.
Rowe


Executive
Vice President and


Chief
Financial Officer
1

The Honorable John A. Jarvey, United States District Judge for the Southern

District of Iowa.

United States Court of Appeals

FOR THE EIGHTH CIRCUIT

___________

No. 09-2993

___________

United States of America, *

*

Appellee, * Appeal from the United States

* District Court for the

v. * Southern District of Iowa.

*

Toni Louise Hitchcock, * [UNPUBLISHED]

*

Appellant. *

___________

Submitted: March 15, 2010

Filed: March 29, 2010

___________

Before BYE, RILEY, and SHEPHERD, Circuit Judges.

___________

PER CURIAM.

Toni Hitchcock challenges the 168-month sentence the district court1

 imposed

after she pleaded guilty to a drug offense. Her counsel has moved to withdraw and has

filed a brief under Anders v. California, 386 U.S. 738 (1967), arguing that the district

court erred in refusing to vary downward to the 120-month mandatory minimum

sentence.
-2-

We will enforce the appeal waiver in this case. This appeal falls within the

scope of the waiver contained in Hitchcock’s plea agreement, the record shows the

requisite knowledge and voluntariness, and we see nothing to suggest that a

miscarriage of justice would result from enforcing the appeal waiver. See United

States v. Andis, 333 F.3d 886, 889-92 (8th Cir. 2003) (en banc) (court will enforce

appeal waiver in plea agreement when appeal falls within scope of waiver, both

waiver and plea agreement were entered into knowingly and voluntarily, and

enforcing waiver would not result in miscarriage of justice).

Furthermore, we have reviewed the record independently under Penson v. Ohio,

488 U.S. 75, 80 (1988), and we have found no non-frivolous issues beyond the scope

of the appeal waiver. Accordingly, we grant counsel’s motion to withdraw, and we

dismiss the appeal.

______________________________
##### 



Exhibit 12.1
 PlanetOut Inc.
Computation of Ratio of Earnings to Fixed Charges
(In thousands, except ratios)
 Six monthsYear ended December 31,
    
    
    ended2002
    
    
    2003
    
    
    2004
    
    
    2005
    
    
    2006
    
    
    June 30, 2007Net income (loss) from
operations as reported
    
    $
    (7,807
    )
    
    $
    (423
    )
    
    $
    449
    
    
    $
    2,043
    
    
    $
    (3,013
    )
    
    $
    (37,009
    )Add: Fixed charges
    
    
    112
    
    
    
    193
    
    
    
    1,713
    
    
    
    238
    
    
    
    1,216
    
    
    
    1,446Earnings as defined
    
    $
    (7,695
    )
    
    $
    (230
    )
    
    $
    2,162
    
    
    $
    2,281
    
    
    $
    (1,797
    )
    
    $
    (35,563
    )Fixed charges
    
    $
    112
    
    
    $
    193
    
    
    $
    1,713
    
    
    $
    238
    
    
    $
    1,216
    
    
    $
    1,446Ratio of earnings to
fixed charges (1)
    
    
    
    
    
    
    
    
    
    
    1.3
    x
    
    
    9.6
    x
    
    
    
    
    
    
    
 
 (1)
    
    The ratio of earnings to fixed charges is computed by dividing income
(loss) from operations plus fixed charges by fixed charges. Fixed
charges consist of interest expense, amortization of debt issuance
costs and that portion of rental payments under operating leases that
we believe to be representative of interest. Earnings were
insufficient to cover fixed charges in 2002, 2003, 2006 and the six
months ended June 30, 2007 by amounts equal to the net loss for the
period.
AMENDMENT NO









EXHIBIT

10.4(b)




STOCKERYALE,

INC.




 




AMENDMENT

NO. 1 TO THE




2000

EMPLOYEE STOCK PURCHASE PLAN




 




 




 




This AMENDMENT NO. 1 dated as of June 26, 2001 (this

“Amendment”) to the StockerYale, Inc. 2000 Employee Stock Purchase Plan (the

“Plan”), is adopted by the Board of Directors on the date hereof.  All capitalized terms used and not defined

herein shall have the meanings ascribed to such terms in the Plan.




 




Pursuant to Section 18 of the Plan, the Board of

Directors hereby amends Section 3 of the Plan by deleting it in its entirety

and replacing it with the following:




 




3.                                           Eligibility. 

All employees of the Company (including employees who are also directors

of the Company) and all employees of each Designated Subsidiary (as defined in

Section 11) are eligible to participate in any one or more of the Offerings

under the Plan, provided that they are customarily employed by the Company or a

Designated Subsidiary for more than twenty (20) hours a week and they are

employed by the Company prior to the first day of the relevant Offering Period.




 




                Except as so

amended, the Plan in all other respects is confirmed and ratified and shall

remain and continue in full force and effect.




 




 




Adopted by the Board of Directors: June 26, 2001
#### T. W. GUTHRIE et al., Plaintiffs-Appellants, v. ALABAMA BY-PRODUCTS COMPANY et al., Defendants-Appellees.

No. 71-2498.

United States Court of Appeals, Fifth Circuit.

March 28, 1972.

*1295Roscoe B. Hogan, Frank M. Bain-bridge, L. Drew Redden, Charles E. Clark, Bainbridge & Mims, Birmingham, Ala., for plaintiffs-appellants.

Cabaniss, Johnston, Gardner & Clark, L. Murray Alley, Fournier J. Gale, III, Thomas, Taliaferro, Forman, Burr & Murray, Robert G. Tate, Birmingham, Ala., Rushton, Stokely, Johnston & Garrett, J. M. Williams, Jr., Montgomery, Ala., Bradley, Arant, Rose & White, Birmingham, Ala., Volz, Copauano, Wampold & Prestwood, William B. Moore, Jr., Charles H. Volz, Jr., Montgomery, Ala., E. M. Ziedman, Birmingham, Ala., Huie, Fernambucq & Stewart, W. B. Fernambucq, Macbeth Wagnon, Jr., John H. Morrow, John D. Clements, Birmingham, Ala., for defendants-appel-lees.

Before THORNBERRY, COLEMAN and INGRAHAM, Circuit Judges.

PER CURIAM:

This is an appeal from the judgment of the district court dismissing appellants’ complaint for want of federal question or diversity jurisdiction. Appellants primarily complain of the district court’s holding that a private civil action brought by individuals damaged by defendants’ polluting certain streams and rivers did not state a federal right of action or supply federal question jurisdiction pursuant to the Rivers and Harbors Appropriation Act of 1899, 33 U.S.C.A. § 407, unless defendants’ conduct constituted an interference with navigation by which plaintiffs were injured. We affirm on the basis of the district court’s well-reasoned opinion, reported at 328 F. Supp. 1140.

Affirmed.