alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
<PAGE>

EXHIBIT 32

                                  CERTIFICATION
                                       OF
                             CHIEF EXECUTIVE OFFICER
                                       AND
                             CHIEF FINANCIAL OFFICER
                           PURSUANT TO 18 U.S.C. 1350,
                             AS ADOPTED PURSUANT TO

                  SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

I, Steven M. Gluckstern, certify, pursuant to 18 U.S.C. 1350, as adopted
pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that the Quarterly
Report on this Form 10-Q of Ivivi Technologies, Inc. for the quarter ended
September 30, 2009, 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 on this Form 10-Q fairly presents, in all material
respects, the financial condition and results of operations of Ivivi
Technologies, Inc.

                                                    By: /s/ Steven M. Gluckstern
                                                        ------------------------
                                                            Steven M. Gluckstern
                                                         Chief Executive Officer
                                                   (Principal Executive Officer)
                                                     and Chief Financial Officer
                          (Principal Financial Officer)
                             Date: November 19, 2009

The foregoing certification is being furnished solely 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) and is not being filed as part of the
Quarterly Report on this Form 10-Q of Ivivi Technologies, Inc. for the Quarter
ended September 30, 2009 or as a separate disclosure document.

A signed original of this written statement required by Section 906, or other
document authenticating, acknowledging, or otherwise adopting the signature that
appears in typed form within the electronic version of this written statement
required by Section 906, has been provided to Ivivi Technologies, Inc. and will
be retained by Ivivi Technologies, Inc. and furnished to the Securities and
Exchange Commission or its staff upon request.
Exhibit 32.2


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


In connection with the Quarterly Report of Acadia Resources Inc. (the "Company")
on Form 10-QSB for the period ended November 30, 2006 as filed with the
Securities and Exchange Commission on the date hereof (the "Report"), the
undersigned, in the capacities and on the dates indicated below, hereby
certifies pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906
of the Sarbanes-Oxley Act of 2002, that to his knowledge:

   1.    The Report fully complies with the requirements of Section 13(a) or
         15(d) of the Securities Exchange Act of 1934; and

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


Date:  February 26, 2007


/s/ James H. Donahue
---------------------------------------
James H. Donahue, Principal Financial Officer
# Fourth Court of Appeals **San Antonio, Texas**

MEMORANDUM OPINION

N o. 04

- 14

- 00520

- CR

Steven Mitchell GARY

, Appellant

v.

The STATE of Texas, Appellee

From the 175th Judicial District Court

, Bexar County, Texas Trial Court No. 2014CR2945 Honorable Mary D. Roman , Judge Presiding

PER CURIAM

Sitting: Catherine Stone, Chief Justice Karen Angelini, Justice Luz Elena D. Chapa, Justice

Delivered and Filed: August 13, 2014

DIS MISSED FOR LACK OF JURISDICTION

Steven Mitchell Gary filed a notice of appeal on July 18, 2014. The notice states Gary

desires to appeal the indictment against him. The courts of appeal have jurisdiction of an appeal

by a criminal defendant only after a conviction or when an appeal is specifically authorized by

statute. Workman v. State , 170 Tex. Crim. 621, 622, 343 S.W.2d 446, 447 (1961); see Ragston v.

State , 424 S.W.3d 49, 52 (Tex. Crim. App. 2014); Apolinar v. State , 820 S.W.2d 792, 794 (Tex.

Crim. App. 1991). There is no statute authorizing a criminal defendant to appeal an indictment.04

- 14

- 00520

- CR

On July 30, 2014, we ordered Gary to show cause why this appeal should not be dismissed

for lack of jurisdiction. Gary filed a response in which he complains there are irregularities in the

indict ment and that he is receiving ineffective assistance of counsel. Neither of these matters may

be directly appealed before conviction. Accordingly, we dismiss this appeal for lack of

jurisdiction.

PER CURIAM

Do not publish

- 2

-
Fourth Court of Appeals

San Antonio, Texas

May 2, 2019

No. 04-18-00742-CV

IN THE INTEREST OF I.L., ET AL., CHILDREN,

From the 73rd Judicial District Court, Bexar County, Texas

Trial Court No. 2017-PA-01935

The Honorable Linda A. Rodriguez, Judge Presiding

O R D E R

Sitting: Sandee Bryan Marion, Chief Justice (Dissenting)

Rebeca C. Martinez, Justice 

Luz Elena D. Chapa, Justice 

In this accelerated appeal involving appellant’s parental rights, appellee filed an April 25, 

2019 motion requesting an additional 32 days to file a motion for rehearing. The sole basis for 

the request is to “contact” the visiting judge who presided at the October 10, 2018 trial “to find 

out if the trial judge signed the [October 11, 2018] order inadvertently or if the judge changed 

her mind between pronouncing judgment orally and signing the order, as she is entitled by law to 

do. As this was a visiting judge, it will be more difficult to contact her and I have to wait until 

she’s assigned again.” 

Having considered the motion, the nature of this case, and all filings in this appeal, 

appellee’s motion for an extension of time is hereby DENIED. See Sabine Offshore Serv., Inc. v. 

City of Port Arthur, 595 S.W.2d 840, 841 (Tex. 1979) (stating we generally may not consider 

matters outside of the appellate record); In re I.L., No. 04-18-00742-CV, 2019 WL 1549914, at 

*11 (Tex. App.—San Antonio Apr. 10, 2019, no pet. h.) (stating that even when a trial court 

changes its mind, granting unrequested relief is error); see also TEX. R. JUD. ADMIN. 6.2(a) 

(requiring prompt disposition of certain appeals involving parental rights); TEX. R. APP. P. 49.4 

(“In an accelerated appeal, the appellate court may deny the right to file a motion for 

rehearing . . . .”). 

_________________________________

Luz Elena D. Chapa, Justice
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said 

court on this 2nd day of May, 2019.

___________________________________

KEITH E. HOTTLE,

Clerk of Court
EXHIBIT 32.2

CERTIFICATION OF CHIEF FINANCIAL OFFICER

PURSUANT TO

SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002 (18 U.S.C. 1350)

In connection with this Report on Form 10-Q for the nine months ended June 30, 2009 (the Report) of PennantPark Investment Corporation (the Registrant), as filed with the Securities and
Exchange Commission on the date hereof, I, Aviv Efrat, Chief Financial Officer of the Registrant, hereby certify, to the best of my knowledge, that:



| | (1) | The Report fully complies with the requirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934, as amended; and
| | --- | ---------------------------------------------------------------------------------------------------------------------------------



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

|                         
|-------------------------
|                         
|/s/ Aviv Efrat           
|Aviv Efrat August 5, 2009
First Amendment to The Hershey Company Supplemental Executive Retirement Plan



 Exhibit 10.5 
 FIRST AMENDMENT TO THE 
 HERSHEY COMPANY SUPPLEMENTAL EXECUTIVE RETIREMENT PLAN 
 (Amended and Restated as of October 2, 2007) 
 WHEREAS, The Hershey Company (the “Company”) currently maintains The Hershey Company Supplemental Executive Retirement Plan, amended and restated as of October 2, 2007 (the “Plan”);

 WHEREAS, the Company has determined that the payment terms of the Plan should be revised to meet applicable requirements of
Section 409A of the Internal Revenue Code of 1986 (as amended) (“Section 409A”); 
 WHEREAS, the Company’s Board of
Directors (“Board”), at its December 2, 2008 meeting, authorized and directed the Senior Vice President, Chief People Officer or Senior Vice President, General Counsel and Secretary of the Company (“Designated Officers”) to
make changes to Company plans and arrangements as may be necessary to comply with Section 409A; and 
 WHEREAS, this amendment shall
supersede the provisions of the Plan to the extent those provisions are inconsistent with the provisions of this amendment. 
 NOW,
THEREFORE, BE IT RESOLVED that, by virtue and in exercise of the authority delegated to the Designated Officers by the Board, the Plan is hereby amended, effective as of January 1, 2009, as follows: 
  

	 	1.	Section 6.b. is amended to add a new sentence to the end thereof to read as follows: 

 Any payments upon a Key Employee’s Separation from Service that would have otherwise been made under this Section 6 during the Waiting Period
shall be made in the seventh month following the date of such Separation from Service (or, if earlier, the month after the Key Employee’s death). 
 IN WITNESS WHEREOF, the Company has caused this amendment to be executed this 31st day of December, 2008. 
  

			
	THE HERSHEY COMPANY
		
	By:	 	/s/ Charlene H. Binder
		 	 Charlene H. Binder
 Senior Vice President, Chief
People Officer
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 on Form 10-Q for the quarter ended June 30,
2009 of Millennium Energy Corp., a Nevada corporation (the “Company”), as filed
with the Securities and Exchange Commission on the date hereof (the “Report”),
I, Jana Whitlock, President, CEO, CFO, Secretary, Treasurer and a director 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, 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:
      August 18, 2009
              /s/ Jana WhitlockJana
      Whitlock, President, CEO, CFO,
                Treasurer
      and Director (Principal Executive
                Officer)
CERTIFICATION OF CHIEF EXECUTIVE OFFICER

PURSUANT TO

SECTION 906 OF
THE SARBANES-OXLEY ACT OF 2002 (18 U.S.C. 1350)

Exhibit 32.1

In connection with this Report on Form 10-Q for the three months ended December 31, 2015 (the
Report) of PennantPark Investment Corporation (the Registrant), as filed with the Securities and Exchange Commission on the date hereof, I, Arthur H. Penn, Chief Executive Officer of the Registrant, hereby certify, to the
best of my knowledge, that:

(1) The Report fully complies with the requirements of Section 13(a) or
15(d) of the Securities Exchange Act of 1934, as amended; and

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



|                   |  |                        
|------------------ |  | -----------------------
|/s/ Arthur H. Penn
|Name:              |  | Arthur H. Penn         
|Title:             |  | Chief Executive Officer
|Date:              |  | February 3, 2016
<TABLE> <S> <C>

<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM THE
CONSOLIDATED FINANCIAL STATEMENTS OF CONSUMERS U. S., INC. INCLUDED IN FORM 10-K
AND IS QUALIFIED IN ITS ENTIRETY BY REFERENCE TO SUCH FINANCIAL STATEMENTS.
</LEGEND>
<MULTIPLIER> 1,000
<CURRENCY> U.S. DOLLARS
       
<S>                             <C>
<PERIOD-TYPE>                   YEAR
<FISCAL-YEAR-END>                          DEC-31-1998
<PERIOD-START>                             JAN-01-1998
<PERIOD-END>                               DEC-31-1998
<EXCHANGE-RATE>                                      1
<CASH>                                           4,106
<SECURITIES>                                         0
<RECEIVABLES>                                  104,712
<ALLOWANCES>                                     1,686
<INVENTORY>                                    104,329
<CURRENT-ASSETS>                               221,451
<PP&E>                                         406,204
<DEPRECIATION>                                  89,499
<TOTAL-ASSETS>                                 640,254
<CURRENT-LIABILITIES>                          176,030
<BONDS>                                        202,920
<PREFERRED-MANDATORY>                           55,983
<PREFERRED>                                          0
<COMMON>                                           170
<OTHER-SE>                                      53,724
<TOTAL-LIABILITY-AND-EQUITY>                   640,254
<SALES>                                        643,318
<TOTAL-REVENUES>                               643,318
<CGS>                                          594,256
<TOTAL-COSTS>                                  594,256
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                  (525)
<INTEREST-EXPENSE>                              27,098
<INCOME-PRETAX>                                 (9,768)
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                             (9,768)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                    (9,768)
<EPS-PRIMARY>                                        0
<EPS-DILUTED>                                        0
        

</TABLE>
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Hannah Connor (Florida Bar No. 125378)

Admitted Pro Hac Vice

CENTER FOR BIOLOGICAL DIVERSITY

P.O. Box 2155 

St. Petersburg, FL 33731

Phone: (202) 681-1676 

Email: hconnor@biologicaldiversity.org

Counsel for Plaintiff

Additional Counsel Listed in Signature Block

UNITED STATES DISTRICT COURT

DISTRICT OF ARIZONA

TUCSON DIVISION

Center for Biological Diversity, 

Plaintiff,

vs.

E. Scott Pruitt, in his official capacity as 

Administrator of the U.S. Environmental 

Protection Agency, et al.,

Defendants.

)

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Case No: 4:18-cv-00050-TUC-JAS

NOTICE OF COMPLIANCE

Pursuant to the Court’s February 1, 2018 Order, ECF No. 7, Plaintiff Center for 

Biological Diversity provides notice that it has complied with the Court’s Order, and has

shipped to chambers, via Fedex, hard copies of its Response in Opposition to Defendants’

Motion to Dismiss for Lack of Jurisdiction and [Proposed] Order along with a binder of

Case 4:18-cv-00050-JAS Document 23 Filed 05/04/18 Page 1 of 3
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supporting authorities - highlighted with tabs, and has emailed Word versions of the

response and text of proposed order to chambers. 

Dated: May 4, 2018 Respectfully submitted,

/s/ Hannah Connor

Hannah M.M. Connor (FL Bar No. 125378)*

CENTER FOR BIOLOGICAL DIVERSITY

P.O. Box 2155

St. Petersburg, FL 33731

Phone: (202) 681-1676

email: hconnor@biologicaldiversity.org

Robert Ukeiley (CO Bar No. 26747)*

CENTER FOR BIOLOGICAL DIVERSITY

1536 Wynkoop St., Ste. 421

Denver, CO 80202

Phone: (720) 496-8568

email: rukeiley@biologicaldiversity.org

Jennifer L. Loda (CA Bar No. 284889)*

CENTER FOR BIOLOGICAL DIVERSITY

1212 Broadway, Ste 800

Oakland, CA 94612

Phone: 510-844-7100 x336

Email: jloda@biologicaldiversity.org

* Admitted pro hac vice

Counsel for Plaintiff 

Case 4:18-cv-00050-JAS Document 23 Filed 05/04/18 Page 2 of 3
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CERTIFICATE OF SERVICE 

I hereby certify that on May 4, 2018, I filed the foregoing with the Court’s electronic 

Filing system, which will serve all counsel by electronic means.

/s/ Hannah Connor

Case 4:18-cv-00050-JAS Document 23 Filed 05/04/18 Page 3 of 3
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 report of Fuqi International, Inc. (the “Company”) on Form
10-Q for the period ending March 31, 2009 as filed with the Securities and
Exchange Commission on the date hereof (the “Report”), each of the undersigned,
in the capacities and on the dates indicated below, hereby certifies, pursuant
to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the
Sarbanes-Oxley Act of 2002, that to his knowledge:
 
 (1) The
Report fully complies with the requirements of Section 13(a) or 15(d) of the
Securities Exchange Act of 1934; and
 
 (2) The
information contained in the Report fairly presents, in all material respects,
the financial condition and results of operations of the Company.
 
 /s/
      Yu Kwai ChongYu
      Kwai ChongChairman
      and Chief Executive OfficerMay
      15, 2009
 
 /s/
      Ching Wan WongChing
      Wan WongChief
      Financial OfficerMay
      15, 2009
 
 A signed
original of this written statement required by Section 906 has been provided to
Fuqi International, Inc. and will be retained by Fuqi International, Inc. and
furnished to the Securities and Exchange Commission or its staff upon
request
[Federal Register Volume 61, Number 116 (Friday, June 14, 1996)]
[Notices]
[Pages 30263-30264]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-15113]



=======================================================================
-----------------------------------------------------------------------

[[Page 30264]]

SECURITIES AND EXCHANGE COMMISSION


Submission for OMB Review; Comment Request

Upon Written Request, Copies Available From: Securities and Exchange 
Commission, Office of Filings and Information Services, Washington, DC 
20549
Extension: Rule 17f-4
SEC File No. 270-232
OMB Control No. 3235-0225

    Notice is hereby given that pursuant to the Paperwork Reduction Act 
of 1995 (44 U.S.C. 3501 et seq.), the Securities and Exchange 
Commission (``Commission'') has submitted to the Office of Management 
and Budget a request for approval of extension on the following rule:
    Rule 17f-4 [17 CFR 270.17f-4] under the Investment Company Act of 
1940 [15 U.S.C. 80a-1 et seq.] (the ``Act'') specifies conditions under 
which a registered management investment company or its custodian may 
place the company's securities in a securities depository. The rule 
requires a custodian to provide confirmations and keep records of 
transactions, and requires the custodian, its agents, and depositories 
to provide reports on internal accounting controls. Confirmations and 
records give the company objective evidence of transactions performed 
on its behalf. Reports on internal controls provide information 
necessary to evaluate the safety of depository arrangements.
    Approximately 100 custodians are subject to the requirement to 
provide confirmations and keep records, and those custodians and 
approximately 150 other agents and six depositories are subject to the 
requirement to provide internal control reports. The 256 respondents 
make approximately 25,256 responses and spend approximately 25,256 
hours annually in complying with the reporting and recordkeeping 
requirements of the rule.
    The estimates of burden hours are made solely for the purposes of 
the Paperwork Reduction Act, and are not derived from a comprehensive 
or even a representative survey or study.
    General comments regarding the estimated burden hours should be 
directed to the Desk Officer for the Securities and Exchange Commission 
at the address below. Any comments concerning the accuracy of the 
estimated average burden hours for compliance with Commission rules and 
forms should be directed to Michael E. Bartell, Associate Executive 
Director, Office of Information Technology, Securities and Exchange 
Commission, 450 Fifth Street NW., Washington, DC 20549 and the Desk 
Officer for the Securities and Exchange Commission, Office of 
Information and Regulatory Affairs, Office of Management and Budget, 
Room 3208, New Executive Office Building, Washington, DC 20503.

    Dated: June 4, 1996.
Margaret H. McFarland,
Deputy Secretary.
[FR Doc. 96-15113 Filed 6-13-96; 8:45 am]
BILLING CODE 8010-01-M
EXHIBIT 10.1

                                    AMENDMENT
                                       TO
                              EMPLOYMENT AGREEMENT
                                       OF
                                 BRUCE A. EFIRD


     This Amendment to Employment Agreement of Bruce A. Efird is by and between
FRED'S, INC., a Tennessee Corporation with offices at 4300 New Getwell Road,
Memphis, Tennessee 38118 (Company) and BRUCE A. EFIRD, whose address is 64
Monterey Oaks Cove, Eads, Tennessee 38028 (Executive).

     In consideration of the mutual covenants and conditions herein set forth,
the Parties hereto agree and each of them agrees to said amendments as follows:

     1.   Provision number one (#1) of said contract is amended to change the
          commencement date to "from and after February 2, 2009 (the "Initial
          Term") ..."
     2.   The first sentence of Provision number two (#2) is amended to read as
          follows: "Executive agrees to serve as Company's "Chief Executive
          Officer and President during the term ..."
     3.   Said amendments are effective as of February 2, 2009.
     4.   All other Terms and Conditions of said Contract remain in full force
          and effect.

Dated this the 16th day of February, 2009.


WITNESS;                                FRED'S, INC.

/s/ Charles S. Vail                     By: /s/ Michael J. Hayes
-----------------------------------     ----------------------------------------
                                        Michael J. Hayes, Chairman of
                                        the Board of Directors


WITNESS;

/s/ Charles S. Vail                     /s/ Bruce A. Efird
-----------------------------------     --------------------------------------
                                        BRUCE A. EFIRD, Executive
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 Phoenix International Ventures, Inc. (“the Company”) on Form 10-Q for the period ended March 31, 2010 as filed with the Securities and Exchange Commission on the date hereof (“the Report”), I, Neev Nissenson, Chief Financial Officer, 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 comply with the requirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934; and





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





May 17, 2010
By:
/s/  Neev NissensonNeev NissensonChief Financial Officer