alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
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
  1.
    
    The Report fully complies with the requirements of section 13(a) or 15(d), as
applicable, of the Securities Exchange Act of 1934; and2.
    
    The information contained in the Report fairly presents, in all material respects, the
financial condition and results of operations of the Company.
 Date: November 14, 2008
    
    By:
Name:
    
    /s/ H. Kerr Taylor

H. Kerr TaylorTitle
    
    President and Chief Executive
Officer of AmREIT Monthly Income &
Growth IV Corporation, the General
Partner of AmREIT Monthly Income &
Growth Fund IV, L.P.
EXHIBIT 32.2


                           SECTION 1350 CERTIFICATION


     In connection  with the Annual Report of Xinhua China LTD. (the  "Company")
on Form 10-KSB for the period ending June 30, 2008 as filed with the  Securities
and Exchange  Commission on the date hereof (the  "Report"),  I, Xianping  Wang,
Acting as Interim 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 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: October 14, 2008



                                        By: /s/ XIANPING WANG
                                            _____________________________
                                                Xianping Wang
                                                Acting as Interim Chief
                                                Financial Officer
## I N T H E C O U R T O F C R I M I N A L A P P E A L S O F T E X A S NO. WR-91,075-01

EX P ARTE KYLE P OMYK AL, Appl icant

ON AP P LICATION FOR A WRIT OF HABEAS CORP US CAUSE NO. 18,264A IN THE 21 DISTRICT COURT ST F ROM WASHING TON COUNTY

Per curiam . O R D E R Applicant was convicted of driving while intox icated and sentenc ed t o t en y ear s’ imprisonment. He filed this application for a writ of habea s corpus in the county of conviction, and the district cler

k forwa rded it to this Court. See T E X . C O D E C R I M . P R O C . art. 11.07. Applicant contends that he was denied his rig ht to an appea l beca use counsel failed to timely file a notice of appea l. Applicant has alleg ed fac ts that, if true, might entitle him to relief

. Ex parte Axe l , 757 S.W .2d 369 (Tex. Crim. App. 1988); Jones v. State , 98 S.W .3d 700 (Tex. Crim. App. 2003). Acc ording ly , the re co rd s h o u ld be developed. The trial court is the appropriate forum for2

finding s of fac t. T E X . C O D E C R I M . P R O C . art. 11.07, § 3(d). The trial court shall order trial counsel 1 to respond to Applicant’s claim. I n developing the rec ord, the trial court may use any means set out in Article 11.07, § 3(d). I f the trial court elec ts to hold a hear ing, it shall deter mine whether Applicant is indige nt. I f Applicant is indige nt and wants to be repr esente d by counsel, the trial court shall appoint counsel to repr esent him at the hear ing. See T E X . C O D E C R I M . P R O C . ar t

. 26.04. I f counsel is appointed or reta ined, the trial court shall immediately notify this Court of counsel’s

name. The trial court s h al l make findings of fac t and conclusions of l aw as to whether Applicant

was denied his r ight to a

n appea l be cause trial counsel failed to timely file a notice of a ppeal. The trial court may make any other finding s and conclusions that it deems appropr iate in re s p onse to Applicant’s c laim. The trial court shall make findings of fac t and conclusions o f law withi n ninety day s from the date of this order

. The district cler k shall then immediately forwa rd to this Court the trial court’s finding s and conclusions and the rec ord develope d on rema nd, including, among other things, aff idavits, motio n s, objections, proposed finding s and conclusions, order s, and transcr ipts from hear ings and depositions. See T E X . R. A P P . P. 73.4(b)( 4). Any extensions of time must be reque sted by the trial cour

t and obtained f

rom this Court.

Filed: April 22, 2020 Do not publish

I f a de fenda

nt decides to a

ppeal his convic tion, trial counsel ra ther than a ppellate 1 counsel ha s the duty

to ensure tha t written notice of a ppeal is filed with the tria l court. Jones , 98 S.W .3d at 703.
#### Donald Michael DAVENPORT, Respondent, v. DIRECTOR OF REVENUE, State of Missouri, Appellant.

No. 62947.

Missouri Court of Appeals, Eastern District, Division One.

June 15, 1993.

Jeremiah W. (Jay) Nixon, Atty. Gen., James A. Chenault, III, Sp. Asst. Atty. Gen., Missouri Dept, of Rev., Jefferson City, for appellant.

Sandra L. Craig, St. Louis, for respondent.

Before AHRENS, P.J., and REINHARD and CRIST, JJ.

ORDER

PER CURIAM.

Director of Revenue appeals from the circuit court’s grant of a hardship license to a driver whose license had been suspended. We affirm, per Rule 84.16(b). No error of law appears. An opinion would have no precedential value. The parties have been furnished with a memorandum for their information only.
<PAGE>

                                                                     Exhibit 4.3



                            GEORGIA GULF CORPORATION

                               Second Amendment to

                          Employee Stock Purchase Plan


     1. THE PLAN. Georgia Gulf Corporation (the "Company") has adopted the
Employee Stock Purchase Plan dated as of December 5, 1995, as amended by the
First Amendment to Employee Stock Purchase Plan dated February 8, 2000 (the
"First Amendment") and as amended by this Second Amendment to Employee Stock
Purchase Plan (the "Second Amendment") as set out below (the "Plan").

     2. COMMON STOCK AVAILABLE UNDER THE PLAN. The Plan, in paragraph 2,
authorized 800,000 shares of the Company's Common Stock, of the par value of
$0.01 each (the "Shares") to be issued under the Plan. The First Amendment
authorized an additional 200,000 Shares to be issued.

     3. AMENDMENT TO AUTHORIZE ADDITIONAL SHARES UNDER THE PLAN. As a result of
employee participation in the Plan since its inception, the majority of the
1,000,000 Shares previously authorized for issuance thereunder have been issued,
and currently the Plan does not have enough Shares to permit its continued
operation. Therefore, the Plan is hereby amended to authorize the issuance of an
additional 1,000,000 Shares in accordance with the terms and conditions of the
Plan and this Second Amendment.

     4. LIMITATION OF NUMBER OF SHARES ISSUABLE EACH YEAR. In order to limit the
number of shares issuable each year under the Plan, Paragraph 4.(d) is hereby
amended to read, in its entirety:

               (d) In the event that any year of the Plan the aggregate number
               of shares subscribed for pursuant to this Plan shall exceed
               200,000, then all subscriptions for such year shall be reduced
               proportionally, but disregarding fractions of shares, to the
               extent necessary so that the aggregate number of shares covered
               by all such subscriptions shall not exceed 200,000.

     5. NO OTHER CHANGES. Except as specifically set out above, there are no
changes to any of the other terms and conditions of the Plan and the Plan
remains in full force and effect.
* Pursuant to 5TH CIR. R. 47.5, the court has determined

that this opinion should not be published and is not precedent

except under the limited circumstances set forth in 5TH CIR.

R. 47.5.4.

United States Court of Appeals

Fifth Circuit

FILED

June 9, 2004

Charles R. Fulbruge III

Clerk

IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

 

No. 03-41706

Summary Calendar

 

JEFFERY WARREN SANDERS

Plaintiff - Appellant

v.

DONNA KLINGER, Sergeant; MIKE NELSON, 

Deputy; MARK RIDEAUX; NFN DELACRUZ,

Deputy Lieutenant; JOHN G. ANDERSON

Defendants - Appellees

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

Appeal from the United States District Court

for the Southern District of Texas

USDC No. G-01-CV-141

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

Before KING, Chief Judge, and EMILIO M. GARZA and BENAVIDES,

Circuit Judges.

PER CURIAM:*

Jeffery Warren Sanders, Texas prisoner # 680206, appeals the

dismissal as frivolous of his pro se, in forma pauperis

complaint. He asserts that Donna Klinger opened his legal mail

outside of his presence, in violation of prison rules and his

constitutional rights. Such allegations are insufficient to
No. 03-41706

-2-

establish a claim of a denial of access to the courts. Myers v.

Klevenhagen, 97 F.3d 91, 94 (5th Cir. 1996); Brewer v. Wilkinson,

3 F.3d 816, 826 (5th Cir. 1993).

Sanders also asserts that the Galveston County Jail’s law

library contained outdated materials and that he lacked the time

to research his claims adequately. He has not established a

denial of access to the courts because he has not shown that his

position as a litigant was prejudiced. Lewis v. Casey, 518 U.S.

343, 350-53 (1996). 

Sanders’s appeal is without arguable merit and is thus

frivolous. See Howard v. King, 707 F.2d 215, 219-20 (5th Cir.

1983). Accordingly, we DISMISS Sanders’s appeal as frivolous. 

See 5TH CIR. R. 42.2. This dismissal of his appeal as frivolous

and the district court’s dismissal of his complaint as frivolous

constitute two “strikes” for the purposes of 28 U.S.C. § 1915(g). 

See Adepegba v. Hammons, 103 F.3d 383, 388 (5th Cir. 1996). If

Sanders obtains three “strikes,” he will not be able to proceed

in forma pauperis in any civil action or appeal filed while he is

incarcerated or detained in any facility unless he is under

imminent danger of serious physical injury. See 28 U.S.C.

§ 1915(g). 

Sanders has moved for correction and modification of the

record on appeal and for appointment of counsel. These motions

are DENIED.

APPEAL DISMISSED; MOTIONS DENIED.
EXHIBIT 31.1

CERTIFICATION OF CHIEF EXECUTIVE OFFICER

I, Arthur H. Penn, Chief Executive Officer of PennantPark Investment
Corporation, certify that:

1. I have reviewed this Report on Form 10-Q of PennantPark Investment Corporation;

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 company as of, and for, the periods presented
in this Report;

4. The company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 company 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 company, 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 companys disclosure controls and procedures and presented
in this Report our conclusions about the effectiveness of the disclosure controls and procedures, as of the end of the period covered by this Report based on such evaluation; and

c) Disclosed in this Report any change in the companys internal control over financial reporting that occurred during the period covered by the annual report that has materially affected, or is reasonably likely
to materially affect, the companys internal control over financial reporting; and

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

Dated
May 31, 2007.



|                                      
|--------------------------------------
|                                      
|/s/ Arthur H. Penn                    
|Arthur H. Penn Chief Executive Officer
EXHIBIT 31.1

CERTIFICATION OF CHIEF EXECUTIVE OFFICER

I, Stephen E. King, certify that:

1. I have reviewed this report on Form 10-QSB of Synova Healthcare Group, 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(s) 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) [Intentionally omitted].

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

d) 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(s) and I have disclosed, based on our most recent evaluation of internal control over financial reporting, to the registrants auditors and the audit committee of the registrants
board of directors (or persons performing the equivalent functions):

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

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



|                                                      |  |  |  |                   
|----------------------------------------------------- |  |  |  | ------------------
|/s/ Stephen E. King                                   |  |  |  |                   
|Stephen E. King, Chairman and Chief Executive Officer |  |  |  | Date: May 17, 2007
Form of Certificate for the Fixed Rate Cumulative Perpetual Preferred Stock



 Exhibit 4.1 
  

			
	 A-1
	  	38,263

 OCEANFIRST FINANCIAL CORP. 
 Fixed Rate Cumulative Perpetual Preferred Stock, Series A – $0.01 par value per share 
 United States Department of the Treasury ****** 
 Thirty Eight Thousand, Two Hundred Sixty Three and No/100 ** 
  

					
	January     , 2009	 		 	
			
	  	 		 	  
	 John R. Garbarino, Chairman, President and Chief Executive Officer
	 		 	 John K. Kelly
 First Senior Vice President and
Corporate Secretary


 SUBJECT TO THE RESTRICTIONS ON THE REVERSE SIDE 







 THE SECURITIES REPRESENTED BY THIS INSTRUMENT ARE NOT SAVINGS ACCOUNTS, DEPOSITS OR OTHER OBLIGATIONS OF A BANK AND ARE
NOT INSURED BY THE FEDERAL DEPOSIT INSURANCE CORPORATION OR ANY OTHER GOVERNMENTAL AGENCY. 
 THE SECURITIES REPRESENTED BY THIS INSTRUMENT HAVE NOT BEEN
REGISTERED UNDER THE SECURITIES ACT OF 1933, AS AMENDED (THE “SECURITIES ACT”), OR THE SECURITIES LAWS OF ANY STATE AND MAY NOT BE TRANSFERRED, SOLD OR OTHERWISE DISPOSED OF EXCEPT WHILE A REGISTRATION STATEMENT RELATING THERETO IS IN
EFFECT UNDER SUCH ACT AND APPLICABLE STATE SECURITIES LAWS OR PURSUANT TO AN EXEMPTION FROM REGISTRATION UNDER SUCH ACT OR SUCH LAWS. EACH PURCHASER OF THE SECURITIES REPRESENTED BY THIS INSTRUMENT IS NOTIFIED THAT THE SELLER MAY BE RELYING ON THE
EXEMPTION FROM SECTION 5 OF THE SECURITIES ACT PROVIDED BY RULE 144A THEREUNDER. ANY TRANSFEREE OF THE SECURITIES REPRESENTED BY THIS INSTRUMENT BY ITS ACCEPTANCE HEREOF (1) REPRESENTS THAT IT IS A “QUALIFIED INSTITUTIONAL BUYER” (AS
DEFINED IN RULE 144A UNDER THE SECURITIES ACT), (2) AGREES THAT IT WILL NOT OFFER, SELL OR OTHERWISE TRANSFER THE SECURITIES REPRESENTED BY THIS INSTRUMENT EXCEPT (A) PURSUANT TO A REGISTRATION STATEMENT WHICH IS THEN EFFECTIVE UNDER THE
SECURITIES ACT, (B) FOR SO LONG AS THE SECURITIES REPRESENTED BY THIS INSTRUMENT ARE ELIGIBLE FOR RESALE PURSUANT TO RULE 144A, TO A PERSON IT REASONABLY BELIEVES IS A “QUALIFIED INSTITUTIONAL BUYER” AS DEFINED IN RULE 144A UNDER THE
SECURITIES ACT THAT PURCHASES FOR ITS OWN ACCOUNT OR FOR THE ACCOUNT OF A QUALIFIED INSTITUTIONAL BUYER TO WHOM NOTICE IS GIVEN THAT THE TRANSFER IS BEING MADE IN RELIANCE ON RULE 144A, (C) TO THE ISSUER OR (D) PURSUANT TO ANY OTHER
AVAILABLE EXEMPTION FROM THE REGISTRATION REQUIREMENTS OF THE SECURITIES ACT AND (3) AGREES THAT IT WILL GIVE TO EACH PERSON TO WHOM THE SECURITIES REPRESENTED BY THIS INSTRUMENT ARE TRANSFERRED A NOTICE SUBSTANTIALLY TO THE EFFECT OF THIS
LEGEND.
### IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

No. 16

- 40600 Summary Calendar

UNITED STATES OF AMERICA,

Plaintiff

–

Appellee ,

v ersus
EDISON ADAN TAPIA

- CHAVEZ , Defendant

– Appellant

.

Appeal from the United States District Court for the Southern District of Texas USDC No. 7:15

- CR

- 1770

- 1

Before JOLLY, SMITH, and GRAVES, Circuit Judges. PER CURIAM: *

The Federal Public Defender appointed to represent Edison Tapia

-

* Pursuant to 5 TH C IR

. R. 47.5 , the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5 TH C IR

. R. 47.5.4. United States Court of Appeals Fifth Circuit 

### FILED December 23, 2016 Lyle W. Cayce Clerk Case: 16-40600 Document: 00513811364 Page: 1 Date Filed: 12/23/2016No. 16

- 40600

2 Chavez has moved for leave to withdraw and has filed a brief in accordance
with Anders v. California , 386 U.S. 738 (1967), and United States v. Flores , 632 F.3d 229 (5th Cir. 2011). Tapia

- Chavez h a s not filed a r esponse. We have reviewed counsel’s brief and relevant portions of the record. We concur with counsel’s assessment that the appeal presents no nonfrivolous issue for appel late review. Accordingly, the motion for leave to withdraw is GRANTED, coun sel is excused from further responsibilities herein, and the appeal is DISMISSED. See 5 TH C IR

. R. 42.2. Case: 16-40600 Document: 00513811364 Page: 2 Date Filed: 12/23/2016
|   | (i)    |   | the accompanying Annual Report on Form 10-K/A of the Company for the year ended December 31, 2008 (the “Report”) fully complies with the requirements of Section 13(a) or Section 15(d), as applicable, of the Securities Exchange Act of 1934, as amended; and |
|--------|--------|--------|-----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|
|   |   |   |                                                                                                                                                                                                                                                                        |
|   | (ii)   |   | the information contained in the Report fairly presents, in all material respects, the financial condition and results of operations of the Company.                                                                                                                        |

|   |   |                                         |   |   |
|--------|--------|----------------------------------------------|--------|--------|
| By:    |   | /s/ Alfred C. Liggins, III                   |   |   |
|   |   |                                         |   |   |
|   |   | Name: Alfred C. Liggins, III                 |   |   |
|   |   | Title: President and Chief Executive Officer |   |   |
INDEPENDENT AUDITORS' CONSENT

We consent to the incorporation by reference in the Registration
Statement Nos. 333-45949, 333-68855, 333-77111, 333-73240, and 333-86796 of PMA Capital  Corporation
on Form S-8 and Registration Statement No. 333-84764 of PMA Capital Corporation on Form S-3
of our reports dated March 10, 2004, appearing in the  Annual Report on Form
10-K/A of PMA Capital Corporation for the year ended  December 31, 2003.

/s/ DELOITTE & TOUCHE LLP  
DELOITTE & TOUCHE LLP
Philadelphia, PA  
March 12, 2004

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