alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
**Exhibit 32.2**

 

**CERTIFICATION OF CHIEF FINANCIAL OFFICER PURSUANT TO18 U.S.C. § 1350**

**(Section 906 of Sarbanes-Oxley Act of 2002)**

 

Inconnection with the Quarterly Report of Global Geophysical Services, Inc.(the “Company”) on Form 10-Q for the period ended September 30, 2010,as filed with the Securities and Exchange Commission on the date hereof (the “Report”), I,P. Mathew Verghese, Vice President and Chief Financial Officer of the Company,certify, pursuant to 18 U.S.C. § 1350, as adopted pursuant to Section 906of the Sarbanes-Oxley Act of 2002, that:

 

(1)           TheReport fully complies with the requirements of section 13(a) or 15(d), asapplicable, of the Securities Exchange Act of 1934; and

 

(2)           Theinformation contained in the Report fairly presents, in all material respects,the financial condition and results of operations of the Company.

 

Asigned original of this written statement required by Section 906 has beenprovided to the Company and will be retained by the Company and furnished tothe Securities and Exchange Commission or its staff upon request.

 

 
| Dated:  November 3, 2010 | /s/  P. Mathew Verghese                            |
|-------------------------------|----------------------------------------------------|
|                          | P.  Mathew Verghese                                |
|                          | Senior  Vice President and Chief Financial Officer |

 

1

----
**EXHIBIT
      32.1**




**MMC
      ENERGY, INC.**


**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 MMC Energy, Inc. (the “Company”) on Form
      10-Q for the quarter ended March 31, 2008, as filed with the Securities and
      Exchange Commission on the date hereof (the “Report”), I, Michael J. Hamilton,
      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) of the
      Securities Exchange Act of 1934; and





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





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





May
                14, 2008/s/
                Michael J. HamiltonMichael
                J. HamiltonChief
                Executive Officer





The
      foregoing certification is being furnished solely pursuant to Section 906 of
      the
      Sarbanes-Oxley Act of 2002 and is not being filed as part of this Report or
      as a
      separate disclosure document.
#### United States Fidelity & Guaranty, Respondent, v Eric Housey et al., Appellants, et al., Defendants.

In an action for a judgment, *inter alia,*declaring that the underinsured motorists coverage provision of an insurance policy issued by the plaintiff to the defendant Alvin Housey only applied to a 1976 Pontiac, the motor vehicle named in the insurance policy, the defendants Eric Housey and Alvin Housey appeal from an order of the Supreme Court, Westchester County (Delaney, J.), entered October 25, 1988, which granted the plaintiffs application to stay an arbitration proceeding between it and the defendant Eric Housey pending the resolution of the declaratory judgment action.

Ordered that the appeal by Alvin Housey is dismissed since he is not aggrieved by the order (CPLR 5511); and it is further,

Ordered that the order is affirmed insofar as appealed from by the defendant Eric Housey; and it is further,

Ordered that the plaintiff is awarded one bill of costs payable by the defendants Eric Housey and Alvin Housey.

The motor vehicle insurance policy issued by the plaintiff United States Fidelity & Guaranty (hereinafter USF&G) to *524the defendant Alvin Housey covering Alvin’s 1976 Pontiac, specifically stated that it did “not provide Underinsured Motorists Coverage for bodily injury sustained by any person * * * while occupying, or when struck by, any motor vehicle owned by [the insured] or any family member which is not insured for this coverage under this policy”.

On November 10, 1987, Alvin’s son, the appellant Eric Housey, made a claim to recover damages for personal injuries against USF&G and demanded arbitration pursuant to the underinsured motorists protection under the USF&G policy. It was alleged that on June 7, 1985, Eric was injured while operating a motorcycle he owned and separately insured under a policy issued by the defendant Universal Underwriters Insurance Co. More than seven months after the filing of Eric’s claim and demand for arbitration, USF&G commenced this declaratory judgment action on the ground that the underinsured motorists provision in the policy did not provide coverage to Eric under the circumstances of the accident. Thereafter, USF&G successfully moved for a stay of the arbitration proceeding between it and Eric Housey pending the outcome of the declaratory judgment action. We now affirm.

The appellant’s contention that the application for a stay of arbitration was untimely under CPLR 7503 (c) lacks merit. A stay application may be entertained after the statutory time period in CPLR 7503 (c) on the basis that the parties never agreed to arbitrate a claim for which no coverage was provided *(see, Matter of Continental Ins. Co. v Sarno,*128 AD2d 870; *see also, Matter of Matarasso [Continental Cas. Co.],*56 NY2d 264). Further, with respect to the claim of noncoverage, it is irrelevant that USF&G failed to timely disclaim liability *(see, Zappone v Home Ins. Co.,*55 NY2d 131; *Nyack Hosp. v State Farm Ins. Co.,*150 AD2d 659). Thompson, J. P., Brown, Lawrence and Eiber, JJ., concur.
EXECUTIVE OFFICE OF THE PRESIDENT

OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE

WASHINGTON, D.C. 20508

February 4, 2019

RE: Product Exclusion Request Number: USTR-2018-0025-6085

Kyungshin Lear Sales and Engineering LLC:

The purpose of this letter is to inform you that the product exclusion request referenced 

above has been denied. As you are aware, USTR published a Federal Register notice (83 FR 

28710) on June 20, 2018, that announced the Trade Representative’s determination to impose an 

additional duty of 25 percent on certain products from China. On July 11, 2018, the Trade 

Representative published a Federal Register notice (83 FR 32181) which announced that a 

process had been established under which interested persons could request that products falling 

within a covered HTSUS subheading be excluded from the additional duties announced on June

20.

Your request was reviewed in accordance with the factors and procedures set forth in 

Section B(1) of the July 11 notice. Based on that review, and after careful consideration, your 

request was denied because the request concerns a product strategically important or related to 

“Made in China 2025” or other Chinese industrial programs.

Because USTR will grant exclusion requests on a product specific basis, you may still 

benefit from a product exclusion if a similar product is granted an exclusion. Products for which 

an exclusion has been granted will be periodically announced on the USTR website. Product 

exclusions will become legally effective once published in the Federal Register. 

Sincerely,

Stephen P. Vaughn

General Counsel
## IN THE COURT OF CRIMINA L A PPEA LS OF TEXA S NO. PD-0579-20 MICHAEL WELLS, Appellant

V. THE STATE OF TEX AS

ON STATE’S PETITION FOR DISCRETIONARY REVIEW FROM THE THIRD COURT OF APPEALS

LLANO COUNTY

Per curiam . Y EARY , J., f i l ed a di ssent i ng opi ni on i n w hi ch SLAUGH TER, J., j oi ned

. O P I N I O N Appellant w as convicted of possession of a controlled substance a n d sentenced to ten y ears i n prison. In the bill of c osts, the t rial court assessed A ppellant a $25 tim e pay m ent f ee. See T E X . L O C A L G O V ’ T C O D E § 133.103. On appeal, the Court of Appeals struck a portion of that f ee as being unconstitutional. W ells v. State , No. 03-18-00675-CR, 2020 Tex. App.W ells - 2

LEXIS 4302 (Tex. App. – Austin June 4, 2020) (not designated f or publication). The State h a s f

iled a petition f

or discretionary r eview challenging the court’s constitutional analy sis. W e recently handed down o u r o p inion in Dulin v. State , Nos. PD0856-19 & PD-0857-19, 2021 Tex. Crim

. A pp. LEXIS 273 (Tex. Crim

. App. Mar. 31, 2021), in which we held that the tim e pay m ent f ee was a ssessed p rem aturely because the p endency of appeal suspends the obligation to pay c ourt costs. A s a result, there w a s no need to reach the State’s constitutional argum ents. W e grant review on our own m otion of the f ollowing ground: Should the “Tim e Pay

m ent Fee” be struck as prem aturely assessed? Addressing that ground in light of Dulin , we vacate the judgm e nt of the Court of Appeals, and rem and this case to the Court of Appeals f

or p roceedings consistent with this opinion. The State’s petition is ref used. DELIVERED May 12, 2021 DO NOT PUBLISH
<TABLE> <S> <C>

<ARTICLE>                     5

<S>                             <C>
<PERIOD-TYPE>                   12-MOS
<FISCAL-YEAR-END>                   DEC-31-1999
<PERIOD-END>                        DEC-31-1999
<CASH>                                   14,434
<SECURITIES>                                  0
<RECEIVABLES>                           473,033
<ALLOWANCES>                             19,649
<INVENTORY>                             383,439
<CURRENT-ASSETS>                        875,782
<PP&E>                                  470,843
<DEPRECIATION>                          173,781
<TOTAL-ASSETS>                        1,211,060
<CURRENT-LIABILITIES>                   751,310
<BONDS>                                  60,133
<PREFERRED-MANDATORY>                         0
<PREFERRED>                                   0
<COMMON>                                  5,024
<OTHER-SE>                              394,593
<TOTAL-LIABILITY-AND-EQUITY>          1,211,060
<SALES>                               2,136,887
<TOTAL-REVENUES>                      2,136,887
<CGS>                                 1,243,685
<TOTAL-COSTS>                           715,137
<OTHER-EXPENSES>                              0
<LOSS-PROVISION>                              0
<INTEREST-EXPENSE>                       82,255
<INCOME-PRETAX>                         121,405
<INCOME-TAX>                                  0
<INCOME-CONTINUING>                     178,055
<DISCONTINUED>                                0
<EXTRAORDINARY>                               0
<CHANGES>                                     0
<NET-INCOME>                            121,405
<EPS-BASIC>                                0.02
<EPS-DILUTED>                              0.02


</TABLE>
EXHIBIT 31.1I, Denis Hickey. certify that:1. I have reviewed this annual report on Form 10-K of IntraBiotics Pharmaceuticals, Inc.;2. Based on my knowledge, this report does not contain any untrue statement of a material fact oromit to state a material fact necessary to make the statements made, in light of the circumstancesunder which such statements were made, not misleading with respect to the period covered by thisreport;3. Based on my knowledge, the financial statements, and other financial information included inthis report, fairly present in all material respects the financial condition, results of operationsand 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 maintainingdisclosure controls and procedures (as defined in Exchange Act Rules 13a-15(e) and 15d-15(e)) forthe registrant and have:a) Designed such disclosure controls and procedures, or caused such disclosure controls andprocedures to be designed under our supervision, to ensure that material informationrelating to the registrant, including its consolidated subsidiaries, is made known to us byothers within those entities, particularly during the period in which this report is beingprepared;b) Evaluated the effectiveness of the registrant’s disclosure controls and procedures andpresented in this report our conclusions about the effectiveness of the disclosure controlsand procedures, as of the end of the period covered by this report based on suchevaluations; andc) Disclosed in this report any change in the registrant’s internal control over financialreporting that occurred during the registrant’s most recent fiscal quarter (the registrant’sfourth fiscal quarter in the case of an annual report) that has materially affected, or isreasonably likely to materially affect, the registrant’s internal control over financialreporting; and5. I have disclosed, based on my most recent evaluation of internal control over financialreporting, to the registrant’s auditors and the audit committee of the registrant’s board ofdirectors (or persons performing the equivalent functions):a) All significant deficiencies and material weaknesses in the design or operation ofinternal controls over financial reporting which are reasonably likely to adversely affectthe registrant’s ability to record, process, summarize and report financial information; andb) Any fraud, whether or not material, that involves management or other employees who havea significant role in the registrant’s internal control over financial reporting.Date:February 21, 2006/s/ DENIS HICKEY-
**EXHIBIT 31.2**

 

**SARBANES-OXLEY SECTION 302CERTIFICATION**

 

I, David G. Latzke, certify that:

1.      I have reviewed thisquarterly report on Form 10-Q of SoftBrands, Inc.;

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

3.      Based on my knowledge, thefinancial statements, and other financial information included in this report,fairly present in all material respects the financial condition, results ofoperations and cash flows of the Registrant as of, and for, the periodspresented in this report;

4.      The Registrant’s othercertifying officer and I are responsible for establishing and maintainingdisclosure controls and procedures (as defined in Exchange Act Rules 13a-15(e) and15d-15(e)) for the Registrant and have:

a)      Designed such disclosurecontrols and procedures, or caused such disclosure controls and procedures tobe designed under our supervision, to ensure that material information relatingto the Registrant, including its consolidated subsidiaries, is made known to usby others within those entities, particularly during the period in which thisreport is being prepared;

b)     Evaluated the effectivenessof the Registrant’s disclosure controls and procedures and presented in thisreport our conclusions about the effectiveness of the disclosure controls andprocedures, as of the end of the period covered by this report based on suchevaluation; and

c)      Disclosed in this reportany change in the Registrant’s internal control over financial reporting thatoccurred during the Registrant’s most recent fiscal quarter (the Registrant’sfourth fiscal quarter in the case of an annual report) that has materiallyaffected, or is reasonably likely to materially affect, the Registrant’sinternal control over financial reporting; and

5.      The Registrant’s othercertifying officer and I have disclosed, based on our most recent evaluation ofinternal control over financial reporting, to the Registrant’s auditors and theaudit committee of the Registrant’s board of directors (or persons performingthe equivalent functions):

a)      All significantdeficiencies and material weaknesses in the design or operation of internalcontrol over financial reporting which are reasonably likely to adverselyaffect the Registrant’s ability to record, process, summarize and reportfinancial information; and

b)     Any fraud, whether or notmaterial, that involves management or other employees who have a significantrole in the Registrant’s internal control over financial reporting.

 
| /s/ David G. Latzke                                 |   |
|-----------------------------------------------------|--------|
| David G. Latzke                                     |
| *Senior Vice President and Chief Financial Officer* |
|                                                |
| May 16, 2005                                   |

 

----
Document Headings

                    Document headings vary by document type but may contain                    the following:                  
                -                       the agency or agencies that issued and signed a document                    
                -                       the number of the CFR title and the number of each part                      the document amends, proposes to amend, or is directly                      related to                    
                -                       the agency docket number / agency internal file number                    
                -                       the RIN which identifies each regulatory action listed in                      the Unified Agenda of Federal Regulatory and Deregulatory                      Actions                    

                    See the                                          Document Drafting Handbook                                        for more details.                  

###### Department of Commerce

###### Foreign-Trade Zones Board

          - [B-05-2021]

On February 1, 2021, the City of Conroe, grantee of FTZ 265, submitted a notification of proposed production activity to the FTZ Board on behalf of Bauer Manufacturing LLC, d/b/a NEORig, within FTZ 265, in Conroe, Texas.

                    The notification was processed in accordance with the regulations of the FTZ Board (15 CFR part 400), including notice in the                     **Federal Register**                     inviting public comment (86 FR 8583, February 8, 2021). On June 1, 2021, the applicant was notified of the FTZ Board's decision that no further review of the activity is warranted at this time. The production activity described in the notification was authorized, subject to the FTZ Act and the FTZ Board's regulations, including Section 400.14.                

Dated: June 1, 2021.

Andrew McGilvray,

Executive Secretary.

[FR Doc. 2021-11746 Filed 6-3-21; 8:45 am]

BILLING CODE 3510-DS-P
UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 98-7207

UNITED STATES OF AMERICA,

Plaintiff - Appellee,

versus

DWIGHT SHAFFER,

Defendant - Appellant.

Appeal from the United States District Court for the Southern District of West Virginia, at Charleston. Charles H. Haden II, Chief

District Judge. (CR-92-299, CA-98-550-2)

Submitted: December 17, 1998 Decided: January 12, 1999

Before WILKINS, NIEMEYER, and TRAXLER, Circuit Judges.

Affirmed by unpublished per curiam opinion.

Dwight Shaffer, Appellant Pro Se. Michael Lee Keller, OFFICE OF THE

UNITED STATES ATTORNEY, Charleston, West Virginia, for Appellee.

Unpublished opinions are not binding precedent in this circuit.

See Local Rule 36(c).
2

PER CURIAM:

Dwight Shaffer appeals an order of the district court denying

a motion for sentence reduction based on Shaffer’s post-sentence

rehabilitation efforts. We affirm. Under 18 U.S.C.A. § 3582(c)

(West 1985 & Supp. 1998), and Fed. R. Crim. P. 35, the court may

not modify a term of imprisonment once it has been imposed except

in very narrow circumstances not applicable here. United States v.

Fraley, 988 F.2d 4, 6 (4th Cir. 1993). The cases cited by Shaffer

to support his argument that post-sentencing rehabilitation efforts

can be considered under the sentencing guidelines involve situations where an initial sentence has been reversed on other grounds

and the offender is to be resentenced, United States v. Sally, 116

F.3d 76 (3d Cir. 1997); or post-offense but presentence rehabilitation efforts. United States v. Brock, 108 F.3d 31 (4th Cir.

1997). We dispense with oral argument because the facts and legal

contentions are adequately presented in the materials before the

court and oral argument would not aid the decisional process.

AFFIRMED
EXHIBIT 31.2
 CERTIFICATION PURSUANT TO SECTION 302 OF THE SARBANES-OXLEY ACT
  1.
    
    I have reviewed this Quarterly Report on Form 10-Q of SoftBrands, 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; andc)
    
    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 (the
Registrants fourth fiscal quarter in the case of an annual report) 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;
andb)
    
    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.
 Senior Vice President and Chief Financial Officer