alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
Page 1 of 2

IN THE UNITED STATES DISTRICT COURT FOR THE

NORTHERN DISTRICT OF FLORIDA

PENSACOLA DIVISION

CURTIS WAYNE BEMBO,

Petitioner,

v. Case No.: 3:11cv132/MCR/EMT

KENNETH S. TUCKER,

Respondent

_________________________________/

O R D E R

This cause comes on for consideration upon the magistrate judge’s Report and

Recommendation dated October 29, 2012. (Doc. 48). The parties have been furnished

a copy of the Report and Recommendation and have been afforded an opportunity to file

objections pursuant to Title 28, United States Code, Section 636(b)(1). I have made a de

novo determination of any timely filed objections.

Having considered the Report and Recommendation, and any objections thereto

timely filed, I have determined that the Report and Recommendation should be adopted.

Accordingly, it is now ORDERED as follows:

1. The magistrate judge’s Report and Recommendation is adopted and

incorporated by reference in this order.

2. The amended petition for writ of habeas corpus (doc. 15) is DENIED as to

Grounds One and Three.

3. The amended petition for writ of habeas corpus (doc. 15) is

CONDITIONALLY GRANTED as to Ground Two only to the following extent: 

Petitioner's sentence on Count 3 is vacated unless the State resentences Petitioner

on Count 3, within 180 days of the date of this order, restoring Petitioner to the

position he would have occupied had the sentence on Count 3 been constitutionally

error-free, which in this case would be a sentence of ten (10) years of imprisonment

on Count 3 to run concurrently with his sentences on Counts 1 and 2. 
Page 2 of 2

4. A certificate of appealability as to Grounds One and Three is DENIED.

DONE AND ORDERED this 12th day of December, 2012.

 s/ M. Casey Rodgers 

M. CASEY RODGERS

CHIEF UNITED STATES DISTRICT JUDGE

Case No.: 3:11cv132/MCR/EMT
Page 1 of 1

IN THE UNITED STATES DISTRICT COURT FOR THE

NORTHERN DISTRICT OF FLORIDA

PENSACOLA DIVISION

ABAD OSMAR,

Plaintiff,

v. Case No. 3:11cv24/MCR/CJK

MARSHA NICHOLS, et al.,

Defendants.

________________________________________________________________

O R D E R

Upon consideration of the Report and Recommendation of the Magistrate

Judge filed on July 26, 2011, pursuant to 28 U.S.C. § 636(b)(1)(B). No objections

have been filed. Having reviewed the Report and Recommendation and the record,

the court findsthat the Report and Recommendation should be adopted asthe opinion

of the court.

Accordingly, it is now ORDERED as follows:

1. Themagistrate judge's Report and Recommendation (doc. 27) is adopted

and incorporated by reference in this order.

2. This cause is DISMISSED WITHOUT PREJUDICE for plaintiff’s

failure to comply with an order of the court.

3. The clerk is directed to close the file.

DONE AND ORDERED this 26th day of August, 2011.

M. Casey Rodgers

M. CASEY RODGERS

CHIEF UNITED STATES DISTRICT JUDGE

Case 3:11-cv-00024-MCR-CJK Document 28 Filed 08/26/11 Page 1 of 1
[PUBLISH]

IN THE UNITED STATES COURT OF APPEALS

FOR THE ELEVENTH CIRCUIT

________________________

No. 11-13115

________________________

D.C. Docket Nos. 1:11-cv-00136-CAP; USBC 10-74119-WLH

In re: LOU ANN CASSELL,

 Debtor.

______________________________________

ROBERT B. SILLIMAN, 

Chapter 7 Trustee,

 Plaintiff - Appellant,

versus

LOU ANN CASSELL, 

 Defendant - Appellee. 

________________________

Appeal from the United States District Court

for the Northern District of Georgia

________________________

(March 22, 2013)

Case: 11-13115 Date Filed: 03/22/2013 Page: 1 of 2 
2

Before CARNES, MARTIN, and JORDAN, Circuit Judges.

CARNES, Circuit Judge: 

We are grateful to the Supreme Court of Georgia for the clear and 

dispositive answers it has provided in response to the questions that we certified. 

See Silliman v. Cassell, No. S12Q1936, — S.E.2d —, 2013 WL 593512 (Ga. Feb. 

18, 2013). In light of that Court’s decision, Lou Ann Cassell’s annuity is an 

“annuity” within the meaning of the Georgia bankruptcy exemption statute, Ga. 

Code Ann. § 44-13-100(a)(2)(E), and the annuity payments to her are “on account 

of . . . age.”1

 The judgment of the district court is 

AFFIRMED.

 1 The bankruptcy trustee has conceded that the third requirement for the exception under the 

Georgia statute, which is that the payments are “reasonably necessary to the support of the 

debtor,” has been met. 

Case: 11-13115 Date Filed: 03/22/2013 Page: 2 of 2
EX-10.17





 Exhibit 10.17 

PROMISSORY NOTE 
  

			
	$67,600,000	  	As of March 19, 2020

 KRE JAG ONE UPLAND OWNER LLC, a Delaware limited liability company (“Borrower”), promises to
pay to the order of JPMORGAN CHASE BANK, N.A., or its registered assigns (“Lender”) SIXTY-SEVEN MILLION SIX HUNDRED THOUSAND AND 00/100 DOLLARS ($67,600,000), or if less, the aggregate unpaid principal amount of all Loans made by
Lender to Borrower pursuant to the Agreement (as hereinafter defined), together with interest on the unpaid principal amount hereof in the manner set forth in the Agreement. Borrower shall pay the principal of and accrued and unpaid interest on the
Loan in full on the Maturity Date. 
 This Note is one of the Notes issued pursuant to, and is entitled to the benefits of, the Revolving
Loan and Security Agreement of even date herewith (which, as it may be amended or modified and in effect from time to time, is herein called the “Agreement”), among Borrower, the lenders referenced therein, including Lender, and
JPMorgan Chase Bank, N.A., as Administrative Agent, to which Agreement reference is hereby made for a statement of the terms and conditions governing this Note, including the terms and conditions under which this Note may be prepaid or its maturity
date accelerated. This Note is secured and guaranteed pursuant to the Loan Documents, all as more specifically described in the Agreement, and reference is made thereto for a statement of the terms and provisions thereof. Capitalized terms used
herein and not otherwise defined herein are used with the meanings attributed to them in the Agreement. 
 [Signature Page Follows] 












 
									
	KRE JAG ONE UPLAND OWNER LLC,
	a Delaware limited liability company
		
	By:	 	CC One Upland, LLC,
		 	a Delaware limited liability company
	Its:	 	Sole Member
			
		 	By:	 	Cottonwood Communities O.P., LP,
		 		 	a Delaware limited partnership
		 	Its:	 	Sole Member
				
		 		 	By:	 	Cottonwood Communities, Inc.,
		 		 		 	a Maryland corporation
		 		 	Its:	 	General Partner
					
		 		 		 	By:	 	 /s/ Gregg T. Christensen

		 		 		 	Name:	 	Gregg T. Christensen
		 		 		 	Title:	 	Chief Legal Officer



  
 [Signature Page to
Promissory Note]
Exhibit 31.1  Section 302 Certification of Chief Executive Officer and Chief Financial Officer   I, Mordechai Guttman, certify that:  1. I have reviewed this quarterly report on Form 10-Q of HPC POS SYSTEM, CORP.  2. Based on my knowledge, this quarterly 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 quarterly report;  3. Based on my knowledge, the financial statements, and other financial information included in this quarterly 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 quarterly report;  4. I am responsible for establishing and maintaining disclosure controls and procedures (as defined in Exchange Act Rules 13a-14 and 15d-14) for the registrant 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 me 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 a date within 90 days prior to the filing date of this quarterly report (the Evaluation Date); and  c) presented in this quarterly report my conclusions about the effectiveness of the disclosure controls and procedures based on my evaluation as of the Evaluation Date;  5. I have disclosed, based on my most recent evaluation, to the registrants auditors and the audit committee of registrants board of directors (or persons performing the equivalent functions):  a) all significant deficiencies in the design or operation of internal controls which could adversely affect the registrants ability to record, process, summarize and report financial data and have identified for the registrants auditors any material weaknesses in internal controls; and  b) any fraud, whether or not material, that involves management or other employees who have a significant role in the registrants internal controls  6. I have indicated in this quarterly report whether or not there were significant changes in internal controls or in other factors that could significantly affect internal controls subsequent to the date of my most recent evaluation, including any corrective actions with regard to significant deficiencies and material weaknesses.  Date: August 12, 2008  /s/ Mordechai Guttman Mordechai Guttman Title: President and Chief Financial Officer
1 

IN THE UNITED STATES DISTRICT COURT 

FOR THE NORTHERN DISTRICT OF FLORIDA 

PANAMA CITY DIVISION 

In re SLEP-TONE ENTERTAINMENT 

CORP., consolidated cases. 

Civil Action No. 

5:11-cv-00032-RS/CJK 

NOTICE OF APPEAL 

 The Plaintiff, Slep-Tone Entertainment Corporation (“Slep-Tone”), by its 

counsel, hereby gives notice of its appeal to the United States Court of Appeals for 

the Eleventh Circuit of the following judgments and orders: 

 the Judgment (Doc. 201) dated July 17, 2012; and 

 the Order (Doc. 180) dated June 18, 2012. 

 Respectfully submitted this the 15th day of August, 2012. 

 HARRINGTON LAW, P.C. 

 By: s/James M. Harrington 

 James M. Harrington, NCSB No. 30005 

 jharrington@harringtonlawpc.com 

 HARRINGTON LAW, P.C. 

 P.O. Box 403 

 Concord, NC 28026-0403 

 Tel: 704-315-5800 

 Fax: 704-625-9259

 Attorney for the Plaintiff 

Case 5:11-cv-00032-RS-CJK Document 215 Filed 08/15/12 Page 1 of 2
2 

CERTIFICATE OF SERVICE 

 I hereby certify that the foregoing paper is being filed on the date indicated 

below using the Clerk’s CM/ECF system, which will send a Notice of Electronic 

Filing to counsel of record as follows: 

STEVEN MITCHELL DEVER mitchdever@comcast.net 

Service on the following CM/ECF non-participants is being made on the same date 

by depositing a copy of same as First Class Mail, postage prepaid, in envelopes 

addressed to: 

ROBERT L. PAYNTER, SR. 

9083 SEAFAIR LN 

TALLAHASSEE FL 32317‐8188 

Date: August 15, 2012 s/James M. Harrington 

Case 5:11-cv-00032-RS-CJK Document 215 Filed 08/15/12 Page 2 of 2
# C_2011094EN.01001401.xml

| 26.3.2011 | EN | Official Journal of the European Union | C 94/14 |
| --- | --- | --- | --- |

26.3.2011

EN

Official Journal of the European Union

C 94/14

---

Latest publication of COM documents other than legislative proposals and legislative proposals adopted by the Commission

2011/C 94/09

OJ C 88 of 19.3.2011

History of previous publications:

History of previous publications:

| | OJ C 26 of 28.1.2011 |
| --- | --- |

OJ C 26 of 28.1.2011

| | OJ C 296 of 30.10.2010 |
| --- | --- |

OJ C 296 of 30.10.2010

| | OJ C 76 of 25.3.2010 |
| --- | --- |

OJ C 76 of 25.3.2010

| | OJ C 303 of 15.12.2009 |
| --- | --- |

OJ C 303 of 15.12.2009

| | OJ C 10 of 15.1.2009 |
| --- | --- |

OJ C 10 of 15.1.2009

| | OJ C 208 of 15.8.2008 |
| --- | --- |

OJ C 208 of 15.8.2008

---
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 Eagle Broadband, Inc. (the "Company") on
Form 10-K for the year ending August 31, 2003 as filed with the Securities and
Exchange Commission on the date hereof (the "Report"), I, Richard R. Royall,
Chief Financial Officer of the Company, certify, 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),
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.

Date:  July 15, 2004


/s/ Richard R. Royall
Richard R. Royall,
Chief Financial Officer
Page 1 of 1

IN THE UNITED STATES DISTRICT COURT FOR THE

NORTHERN DISTRICT OF FLORIDA

GAINESVILLE DIVISION

WILLIAM DENTON,

Plaintiff,

v. CASE NO. 1:10-cv-00147-MP -AK

LEVY COUNTY FLORIDA,

Defendant.

_____________________________/

O R D E R

This matter is before the Court on Doc. 2, Notice of Removal by Levy County Florida

from Circuit Court Eighth Judicial Circuit for Levy County Florida, Case Number 10-ca-701. A

removal teleconference was held on August 18, 2010, to discuss any outstanding issues. 

Plaintiff stated that he does not intend to move for a remand. The parties were directed to

comply with the Initial Scheduling Order, Doc. 6, previously entered.

DONE AND ORDERED this 18th day of August, 2010

 s/Maurice M. Paul 

 Maurice M. Paul, Senior District Judge
Case 5:11-cv-00032-RS-CJK Document 170 Filed 05/29/12 Page 1 of 9
Case 5:11-cv-00032-RS-CJK Document 170 Filed 05/29/12 Page 2 of 9
Case 5:11-cv-00032-RS-CJK Document 170 Filed 05/29/12 Page 3 of 9
Case 5:11-cv-00032-RS-CJK Document 170 Filed 05/29/12 Page 4 of 9
Case 5:11-cv-00032-RS-CJK Document 170 Filed 05/29/12 Page 5 of 9
Case 5:11-cv-00032-RS-CJK Document 170 Filed 05/29/12 Page 6 of 9
Case 5:11-cv-00032-RS-CJK Document 170 Filed 05/29/12 Page 7 of 9
Case 5:11-cv-00032-RS-CJK Document 170 Filed 05/29/12 Page 8 of 9
Case 5:11-cv-00032-RS-CJK Document 170 Filed 05/29/12 Page 9 of 9
```

[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5254 Introduced in House (IH)]

<DOC>

115th CONGRESS
  2d Session
                                H. R. 5254

To direct the Secretary of Health and Human Services to conduct a study 
on the feasibility of expanding eligibility for enrollment in Medicare 
 Advantage plans to individuals enrolled under the Medicaid program or 
                  enrolled under a group health plan.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                             March 13, 2018

   Mr. Budd introduced the following bill; which was referred to the 
Committee on Ways and Means, and in addition to the Committee on Energy 
    and Commerce, for a period to be subsequently determined by the 
  Speaker, in each case for consideration of such provisions as fall 
           within the jurisdiction of the committee concerned

_______________________________________________________________________

                                 A BILL

 
To direct the Secretary of Health and Human Services to conduct a study 
on the feasibility of expanding eligibility for enrollment in Medicare 
 Advantage plans to individuals enrolled under the Medicaid program or 
                  enrolled under a group health plan.

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

SECTION 1. STUDY OF EXPANSION OF MEDICARE ADVANTAGE ELIGIBILITY.

    Not later than December 31, 2020, the Secretary of Health and Human 
Services shall conduct a study and submit to Congress a report on the 
feasibility of expanding eligibility for enrollment in Medicare 
Advantage plans offered under part C of title XVIII of the Social 
Security Act (42 U.S.C. 1395w-21 et seq.) to individuals enrolled under 
a State plan (or a waiver of such plan) under title XIX of such Act (42 
U.S.C. 1396 et seq.) or enrolled in a group health plan (as defined in 
section 2791 of the Public Health Service Act (42 U.S.C. 300gg-91)). 
Such report shall include an analysis of whether such an expansion--
            (1) would increase access to health care for such 
        individuals; and
            (2) lead to lower health care costs for such individuals.
                                 <all>
```
# C_2011228EN.01000501.xml

| 3.8.2011 | EN | Official Journal of the European Union | C 228/5 |
| --- | --- | --- | --- |

3.8.2011

EN

Official Journal of the European Union

C 228/5

---

Interest rate applied by the European Central Bank to its main refinancing operations (1):

1

1,50 % on 1 August 2011

Euro exchange rates (2)

2

2 August 2011

2011/C 228/05

1 euro =

1 euro =

| | Currency | Exchange rate |
| --- | --- | --- |
| USD | US dollar | 1,4170 |
| JPY | Japanese yen | 109,61 |
| DKK | Danish krone | 7,4490 |
| GBP | Pound sterling | 0,87180 |
| SEK | Swedish krona | 9,0130 |
| CHF | Swiss franc | 1,1049 |
| ISK | Iceland króna | |
| NOK | Norwegian krone | 7,6460 |
| BGN | Bulgarian lev | 1,9558 |
| CZK | Czech koruna | 24,231 |
| HUF | Hungarian forint | 270,12 |
| LTL | Lithuanian litas | 3,4528 |
| LVL | Latvian lats | 0,7092 |
| PLN | Polish zloty | 4,0295 |
| RON | Romanian leu | 4,2388 |
| TRY | Turkish lira | 2,4136 |
| AUD | Australian dollar | 1,3075 |
| CAD | Canadian dollar | 1,3620 |
| HKD | Hong Kong dollar | 11,0445 |
| NZD | New Zealand dollar | 1,6283 |
| SGD | Singapore dollar | 1,7083 |
| KRW | South Korean won | 1 493,57 |
| ZAR | South African rand | 9,5670 |
| CNY | Chinese yuan renminbi | 9,1228 |
| HRK | Croatian kuna | 7,4435 |
| IDR | Indonesian rupiah | 12 022,32 |
| MYR | Malaysian ringgit | 4,1974 |
| PHP | Philippine peso | 59,730 |
| RUB | Russian rouble | 39,4753 |
| THB | Thai baht | 42,255 |
| BRL | Brazilian real | 2,2289 |
| MXN | Mexican peso | 16,7217 |
| INR | Indian rupee | 62,7410 |

Currency

Exchange rate

USD

US dollar

1,4170

JPY

Japanese yen

109,61

DKK

Danish krone

7,4490

GBP

Pound sterling

0,87180

SEK

Swedish krona

9,0130

CHF

Swiss franc

1,1049

ISK

Iceland króna

NOK

Norwegian krone

7,6460

BGN

Bulgarian lev

1,9558

CZK

Czech koruna

24,231

HUF

Hungarian forint

270,12

LTL

Lithuanian litas

3,4528

LVL

Latvian lats

0,7092

PLN

Polish zloty

4,0295

RON

Romanian leu

4,2388

TRY

Turkish lira

2,4136

AUD

Australian dollar

1,3075

CAD

Canadian dollar

1,3620

HKD

Hong Kong dollar

11,0445

NZD

New Zealand dollar

1,6283

SGD

Singapore dollar

1,7083

KRW

South Korean won

1 493,57

ZAR

South African rand

9,5670

CNY

Chinese yuan renminbi

9,1228

HRK

Croatian kuna

7,4435

IDR

Indonesian rupiah

12 022,32

MYR

Malaysian ringgit

4,1974

PHP

Philippine peso

59,730

RUB

Russian rouble

39,4753

THB

Thai baht

42,255

BRL

Brazilian real

2,2289

MXN

Mexican peso

16,7217

INR

Indian rupee

62,7410

---

(1)  Rate applied to the most recent operation carried out before the indicated day. In the case of a variable rate tender, the interest rate is the marginal rate.

1

(2)  Source: reference exchange rate published by the ECB.

2

Source:

---
- 257 - Nebraska Supreme Court Advance Sheets 308 Nebraska Reports DICK v . KOSKI PROF. GROUP Cite as 308 Neb. 257

Robert Dick, appellee and cross-appellant, v. Koski Professional Group, P.C., third-party plaintiff,

appellant and cross-appellee, and Bland &

Associates, P.C., third-party defendant, appellee and cross-appellant. ___ N.W.2d ___ Filed January 29, 2021. No. S-19-132.

supplemental opinion Appeal from the District Court for Douglas County: J Russell Derr , Judge. Former opinion modified. Motion for rehearing overruled. Robert M. Slovek and Dwyer Arce, of Kutak Rock, L.L.P., for appellant. Aaron A. Clark, Ruth A. Horvatich, and Cody E. Brookhouser-Sisney, of McGrath, North, Mullin & Kratz, P.C., L.L.O., for appellee Robert Dick. Ryan M. Kunhart and Jeffrey J. Blumel, of Dvorak Law Group, L.L.C., for appellee Bland & Associates, P.C.
Heavican , C.J., Miller

- Lerman , Cassel , Stacy , Funke , Papik , and Freudenberg , JJ.
Per Curiam

. This case is before us on a motion for rehearing filed by the appellant, Koski Professional Group, P.C. (KPG), Nebraska Supreme Court Online Library www.nebraska.gov/apps-courts-epub/ 01/29/2021 09:08 AM CST- 258 - Nebraska Supreme Court Advance Sheets 308 Nebraska Reports DICK v . KOSKI PROF. GROUP Cite as 308 Neb. 257 concerning our opinion in Dick v. Koski Prof. Group , 307 Neb. 599, 950 N.W.2d 321 (2020). We find no substantive merit to KPG’s motion and overrule it, but modify the opinion as follows: (1) In the background section, under the subheading

“ Peremptory Challenges ,” we withdraw the last sentence of the sole paragraph and substitute the following: “Other than a marked copy of a jury roster included in a supplemental tran

script, the jury selection process is not otherwise reflected in the appellate record.” (2) In the analysis section, under the subheading “ Peremptory Challenges ( Assignment of Error No . 1),” we withdraw the seventh paragraph and substitute the following: We do not decide that question here. While KPG has offered a marked copy of a jury roster in a supplemental transcript, the markings on that roster do not match the roster’s legend sufficiently to support KPG’s claim that it exhausted all its peremptory challenges. As such, the record is insufficient to support its assignment of error even if we found merit to KPG’s legal premise. The remainder of the opinion shall remain unmodified. Former opinion modified. Motion for rehearing overruled.
IN THE UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF FLORIDA

PANAMA CITY DIVISION

DONNA SMITH,

Plaintiff,

vs. CASE NO. 3-10-cv-262/RS-MD

MICHAEL A. ADKINSON, JR.,

in his official capacity as SHERRIFF,

WALTON COUNTY, FLORIDA, 

Defendant.

_________________________________________/

ORDER

Defendant’s Motion to Dismiss Amended Complaint (Doc. 14) is DENIED. 

Plaintiff prepared a summons and attached it with the complaint to the electronic 

docket, but the Clerk did not issue the summons until October 8, 2010. Because the 

summons must be served with a copy of the complaint, Fed. R. Civ. P. 4 (c) (1), the 

Plaintiff, at a minimum, had good cause to believe that the 120-day time limit for service, 

Fed. R. Civ. P. 4 (m), began to run from the issuance of the summons. As such, the 

service, taking place 128 days from the date the original complaint was filed, and 72 days 

from the date summons was issued, is not grounds for dismissal. 

ORDERED on December 27, 2010

/S/ Richard Smoak

RICHARD SMOAK

UNITED STATES DISTRICT JUDGE
Exhibit 32.2

CERTIFICATIONS PURSUANT TO 18 U.S.C. SECTION 1350

In connection with the Quarterly Report of Real
Goods Solar, Inc. (the Company) on Form 10-Q for the period ended June 30, 2009, as filed with the U.S. Securities and Exchange Commission on the date hereof (the Report), I, Erik Zech, 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 Sections 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: August 11, 2009





/s/ Erik ZechErik ZechChief Financial Officer