alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
Exhibit 32.1

 

**CERTIFICATIONPURSUANTTOSECTION 906**

**OFTHESARBANES-OXLEYACT**

 

In connection with the Quarterly Report of Highwoods Properties, Inc. (the “Company”) on Form 10-Q for the period ended March 31, 2009 as filed with the Securities and Exchange Commission on the date hereof (the “Report”), I, Edward J. Fritsch, President and Chief Executive Officer of the Company, certify, pursuant to 18 U.S.C. § 1350, as adopted pursuant to § 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. |
|--------|----|------------------------------------------------------------------------------------------------------------------------------------------------------|

 

| /s/ EDWARDJ.FRITSCH                                    |   |
|--------------------------------------------------------|--------|
| Edward J. FritschPresident and Chief Executive Officer |   |
| May 8, 2009                                  |   |
<TABLE> <S> <C>

<PAGE>
<ARTICLE> 5
<MULTIPLIER> 1,000

<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                          DEC-31-1999
<PERIOD-START>                             JAN-01-1999
<PERIOD-END>                               OCT-03-1999
<CASH>                                               0
<SECURITIES>                                         0
<RECEIVABLES>                                    3,469
<ALLOWANCES>                                       219
<INVENTORY>                                     24,081
<CURRENT-ASSETS>                                29,557
<PP&E>                                          11,103
<DEPRECIATION>                                   2,660
<TOTAL-ASSETS>                                  39,019
<CURRENT-LIABILITIES>                           38,528
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                            41
<OTHER-SE>                                      (1,214)
<TOTAL-LIABILITY-AND-EQUITY>                    39,019
<SALES>                                         15,185
<TOTAL-REVENUES>                                15,185
<CGS>                                           15,543
<TOTAL-COSTS>                                   15,543
<OTHER-EXPENSES>                                 4,195
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                 479
<INCOME-PRETAX>                                 (5,032)
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                             (5,032)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                    (5,032)
<EPS-BASIC>                                      (1.22)
<EPS-DILUTED>                                    (1.22)



</TABLE>
<TABLE>
                                                                                 Exhibit 12(a)


                                   SOUTH JERSEY GAS COMPANY
                       Calculation of Ratio of Earnings To Fixed Charges
                                        (In Thousands)


<CAPTION>
                                               Fiscal Year Ended December 31,
                                 ------------------------------------------------------------
                                     2000        1999        1998        1997        1996
                                 ------------------------------------------------------------
<S>                                  <C>         <C>         <C>         <C>         <C>
Net Income*                          $24,853     $23,466     $17,910     $22,000     $19,389

Income Taxes, Net                     16,651      15,455      12,256      11,559      10,627

Fixed Charges**                       21,181      20,949      19,235      18,103      19,574

Capitalized Interest                     (24)       (390)       (167)       (107)       (114)
                                 ------------------------------------------------------------

Total Available for Coverage         $62,661     $59,480     $49,234     $51,555     $49,476
                                 ============================================================


Total Available                         3.0x        2.8x        2.6x        2.9x        2.5x
-----------------------
Fixed Charges



<FN>

 *  Net Income before Dividends on Preferred Securities and a
    Cumulative Effect of a Change in Accounting Principle.

**  Fixed charges consist of interest charges (rentals are
    not material).

</FN>
</TABLE>
<TABLE> <S> <C>

<ARTICLE>                     5
<LEGEND>
THIS  SCHEDULE  CONTAINS  SUMMARY  FINANCIAL   INFORMATION  EXTRACTED  FROM  THE
COMPANY'S FORM 10-K FOR THE YEAR ENDED DECEMBER 29, 1998 AND IS QUALIFIED IN ITS
ENTIRETY BY REFERENCE TO SUCH FINANCIAL STATEMENTS.
</LEGEND>
<MULTIPLIER>                                                1000
       
<S>                                      <C>
<PERIOD-TYPE>                            12-MOS
<FISCAL-YEAR-END>                                           DEC-29-1998
<PERIOD-START>                                              DEC-31-1997
<PERIOD-END>                                                DEC-29-1998
<CASH>                                                              946
<SECURITIES>                                                          0
<RECEIVABLES>                                                         0
<ALLOWANCES>                                                          0
<INVENTORY>                                                         855
<CURRENT-ASSETS>                                                  4,359
<PP&E>                                                           34,988
<DEPRECIATION>                                                    2,831
<TOTAL-ASSETS>                                                   41,284
<CURRENT-LIABILITIES>                                             5,306
<BONDS>                                                               0
<PREFERRED-MANDATORY>                                                 0
<PREFERRED>                                                           0
<COMMON>                                                            104
<OTHER-SE>                                                       23,632
<TOTAL-LIABILITY-AND-EQUITY>                                     41,284
<SALES>                                                          34,114
<TOTAL-REVENUES>                                                 34,114
<CGS>                                                             9,429
<TOTAL-COSTS>                                                    27,890
<OTHER-EXPENSES>                                                  3,371
<LOSS-PROVISION>                                                      0
<INTEREST-EXPENSE>                                                  140
<INCOME-PRETAX>                                                   3,301
<INCOME-TAX>                                                      1,221
<INCOME-CONTINUING>                                               2,080
<DISCONTINUED>                                                        0
<EXTRAORDINARY>                                                       0
<CHANGES>                                                             0
<NET-INCOME>                                                      2,080
<EPS-PRIMARY>                                                      0.20
<EPS-DILUTED>                                                      0.20
        

</TABLE>
<TABLE> <S> <C>

   <ARTICLE> 5
   <MULTIPLIER> 1,000
          
<S>                               <C>
<PERIOD-TYPE>                     9-MOS
<FISCAL-YEAR-END>                              DEC-31-1998
<PERIOD-END>                                   SEP-30-1998
<CASH>                                                 929
<SECURITIES>                                             0
<RECEIVABLES>                                       36,525
<ALLOWANCES>                                           693
<INVENTORY>                                        189,516
<CURRENT-ASSETS>                                   234,495
<PP&E>                                             163,966
<DEPRECIATION>                                      36,623
<TOTAL-ASSETS>                                     367,459
<CURRENT-LIABILITIES>                               75,493
<BONDS>                                            100,000
<PREFERRED-MANDATORY>                                    0
<PREFERRED>                                              0
<COMMON>                                            18,148
<OTHER-SE>                                         139,316
<TOTAL-LIABILITY-AND-EQUITY>                       367,459
<SALES>                                            263,555
<TOTAL-REVENUES>                                   263,555
<CGS>                                              138,778
<TOTAL-COSTS>                                      258,404
<OTHER-EXPENSES>                                         0
<LOSS-PROVISION>                                         0
<INTEREST-EXPENSE>                                   4,951
<INCOME-PRETAX>                                        200
<INCOME-TAX>                                            78
<INCOME-CONTINUING>                                    122
<DISCONTINUED>                                           0
<EXTRAORDINARY>                                          0
<CHANGES>                                                0
<NET-INCOME>                                           122
<EPS-PRIMARY>                                         0.01
<EPS-DILUTED>                                         0.01
        

</TABLE>
#### Hedworth *v.*Chapman et al.

[No. 19,577.

Filed September 21, 1961.]

*223*J. Frederick Hoffman*and *Kelly & MaHanna,*both of Lafayette, for appellant.

*John R. Lynch*and *Robertson & Lynch,*of Lafayette, ■for appellees.

Pfaff, C. J.

This cause was submitted on the 6th day of February, 1961. Appellant duly filed his brief, and on July 26, 1961, appellees duly filed their brief with this court. The time for appellant to file his reply brief expired August 10, 1961. However, said brief was filed on August 11, 1961.

Indiana Supreme Court Rule 2-15 provides that an appellant is permitted to file a reply brief on or before fifteen days after appellee has filed his brief. Appellant did not file his reply brief within the fifteen days permitted by Rule 2-15, nor did he apply for an extension of time within which to file said brief.

Appellees have filed their petition to strike appellant’s reply brief for failure to file the same within the time provided by Rule 2-15. Appellant admits in his answer in opposition to appellees’ petition to strike that, because of miscalculation of time, he filed his reply brief a day late.

Appellant not having filed his reply brief in compliance with Rule 2-15, appellees’ petition to strike it from the record must be sustained.

*224Appellees’ petition is sustained, and the Clerk is ordered to strike appellant’s reply brief from the record.

Nóte. — Reported in 177 N. E. 2d 44.
<PAGE>

                                                                     SCHEDULE 21


   Subsidiaries of Atlantic Express Transportation Corp.

Amboy Bus Co., Inc.
Atlantic-Conn. Transit, Inc.
Atlantic-Chittenango Real Property Corp.
Atlantic Express Coachways, Inc.
Atlantic Express of L.A. Inc.
Atlantic Express of Missouri Inc.
Atlantic Express of Pennsylvania, Inc.
Atlantic-Hudson, Inc.
Atlantic Paratrans, Inc.
Atlantic Paratrans of Kentucky Inc.
Block 7932, Inc.
Brookfield Transit Inc.
Central New York Coach Sales & Service, Inc.
Courtesy Bus Co., Inc.
Jersey Bus Sales, Inc.
Jersey Business Land Co. Inc.
K. Corr, Inc.
Metro Affiliates, Inc.
Metropolitan Escort Service, Inc.
Merit Transportation Corp.
Midway Leasing Inc.
Raybern Bus Service, Inc.
G.V.D. Leasing Co., Inc.
Raybern Capital Corp.
Raybern Equity Corp.
Staten Island Bus, Inc.
Temporary Transit Service, Inc.
180 Jamaica Corp.
201 West Sotello Realty, Inc.
<PAGE>   1
                                                                      EXHIBIT 11

                 FUSION SYSTEMS CORPORATION AND SUBSIDIARIES
                             EARNINGS PER SHARE
             CALCULATION OF WEIGHTED-AVERAGE SHARES OUTSTANDING
                                (In thousands)


<TABLE>
<CAPTION>
                                                           Three Months Ended
                                                          ---------------------
                                                          March 28,   March 29,
                                                             1997        1996
                                                          ---------   ---------
<S>                                                          <C>         <C>
Common Stock                                                 7,471       7,761

Options to acquire Common Stock (treasury stock method)        278         298

                                                          ---------   ---------
Weighted-Average Shares Outstanding                          7,749       8,059
                                                          =========   =========
</TABLE>
Exhibit 99.1





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 accompanying Quarterly Report of Targeted Genetics Corporation on Form 10-Q for the period ending September 30, 2002 as filed with the Securities and Exchange Commission on the date hereof (the Report), I, H. Stewart
Parker, President and Chief Executive Officer of the Company, certify, pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that:





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





November 12, 2002



/s/    H. STEWART PARKERDate



H. Stewart Parker President and Chief Executive Officer
<TABLE> <S> <C>

<ARTICLE> 5
       
<S>                             <C>
<PERIOD-TYPE>                   6-MOS
<FISCAL-YEAR-END>                          DEC-31-1996
<PERIOD-END>                               JUN-30-1997
<CASH>                                             605
<SECURITIES>                                         0
<RECEIVABLES>                                  101,854
<ALLOWANCES>                                         0
<INVENTORY>                                          0
<CURRENT-ASSETS>                               102,459
<PP&E>                                       7,115,383
<DEPRECIATION>                               1,289,131
<TOTAL-ASSETS>                               5,937,908
<CURRENT-LIABILITIES>                           21,166
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                             0
<OTHER-SE>                                           0
<TOTAL-LIABILITY-AND-EQUITY>                 5,937,908
<SALES>                                        383,293
<TOTAL-REVENUES>                               387,674
<CGS>                                           78,570
<TOTAL-COSTS>                                  273,691
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                   0
<INCOME-PRETAX>                                113,982
<INCOME-TAX>                                   113,982
<INCOME-CONTINUING>                            113,982
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                   113,982
<EPS-PRIMARY>                                        0
<EPS-DILUTED>                                        0
        

</TABLE>
#### STATE of Louisiana v. William A. ROE.

No. 2010-K-2731.

Supreme Court of Louisiana.

Nov. 14, 2011.

In re Roe, William A.; — Defendant; Applying For Writ of Certiorari and/or Review, Parish of Plaquemines, 25th Judicial District Court Div. A, No. 08-1838-1; to the Court of Appeal, Fourth Circuit, No. 2010-KA-0724.

Denied.
856 A.2d 767

#### John R. LUKE and Diane C. Luke, John C. and Lynn Holetich, Dr. Phillip Gelacek, Mary Biesuz, Thomas and Jean Woods, Dr. William R. Balash, John and Joan Wintgens, George and Lori Gatto, Mr. and Mrs. John M. George, Thomas and Mary Ann Timney, Mary Ellen Austin, Mr. and Mrs. Wilbert Woods, Mr. and Mrs. Clarence Conway, Robert and Sheila Gahagan, Mr. and Mrs. Robert Selinger, Regis McGuire and John McGuire, Rodney H. Hartman, Scott J. Hartman, Clifford and Jean Campbell, Harold Burton, William Findon, Jointly and Severally, Petitioners, v. Randy J. CATALDI, David Brestensky, Ron Covone, Supervisors of South Buffalo Township and Mark A. Nesbit, Zoning Officer of South Buffalo Township, Respondents.

Supreme Court of Pennsylvania.

Aug. 31, 2004.

*425
      *ORDER*

PER CURIAM.

AND NOW, this 31st day of August, 2004, the Petition for Allowance of Appeal is hereby GRANTED, and the case is remanded to the Commonwealth Court for consideration of this Court’s decision in *Schadler v. Zoning Hearing Bd. of Weisenberg*Township, 850 A.2d 619 (Pa.2004).
First Standstill Letter dated December 28, 2008.



 Exhibit 10.3 
 Citibank (South Dakota), N.A. 
 701 East 60th Street North 
 Sioux Falls, SD 57117 
 December 28, 2008 
 Office Depot, Inc. 
 2200 Old Germantown Road 
 Delray Beach, Florida 33445 
 Attn. Senior Vice President Finance/Controller

  

	Re:	Amended and Restated Merchant Services Agreement dated as of February 1, 2004 by and between Office Depot, Inc. and Citibank (South Dokota), N.A. 

 Dear Senior Vice President Finance/Controller: 
 Reference is made to your
letter of December 27, 2008 relative to the Amended and Restated Merchant Services Agreement dated as of February 1, 2004 by and between Office Depot, Inc. (“Office Depot”) and Citibank (South Dakota), N.A. (“Citi”), as
amended (the “Agreement”). Further reference is made to the material Adverse Change in the condition of Company under the Agreement resulting from the December 15, 2008 rating downgrade of Office Depot’s senior unsecured debt by
Standard & Poors (the “MAC Event”). In your letter, you requested a limited standstill of Citi’s right to terminate the Agreement and cause Office Depot to purchase the program Assets due to the MAC Event. 
 Based upon the commitments contained in your December 27, 2008 letter, Citi hereby agrees that it shall not, until the close of business on Friday, January 2,
2009, terminate the Agreement and require Office Depot to purchase the program Assets as a result of the MAC Event. 







 Office Depot, Inc. 
 December 27, 2008 
 Page 2 
 Upon Office
Depot’s satisfaction of all the conditions contained in your December 27, 2008 letter, the standstill shall be extended until the close of business on March 31, 2009, subject to the conditions contained in your December 27, 2008
letter. 
 By this letter, Citi does not waive and has not waived any default by Office Depot under the Agreement other than Citi’s limited stand still
as set forth herein, and Citi expressly reserves all of our rights to take any and all actions, and exercise any and all remedies at any time under the Agreement and under applicable law except as expressly limited herein. 
  

			
	Very truly yours,
	
	Citibank (South Dakota), N.A.
		
	By:	 	 /s/    Jeffrey D. Gednalske

	Name:	 	Jeffrey D. Gednalske
	Title:	 	Vice President & Associate General Counsel

  

	cc:	Office Depot, Inc. 

 2200 Old Germantown Road 

Delray Beach, Florida 33445 
 Attn. Sr.
Manager – Customer Programs 
 Office Depot, Inc. 
 2200 Old Germantown Road 
 Delray Beach, Florida 33445 
 Attn. Office of General Counsel
#### Charles A. WILLOUGHBY and Robert B. Berger, Appellees, v. Charles S. PORT, Appellant, and Alban H. Norton, Defendant.

No. 338, Docket 26197.

United States Court of Appeals Second Circuit.

Argued April 1, 1960.

Decided April 1, 1960.

*150Charles S. Port, New York City, appellant, pro se.

George Brussel, Jr., New York City (Rosston, Hort *&*Brussel, New York City, on the brief), for appellees.

Before LUMBARD, Chief Judge, BARNES, Circuit Judge,* and SMITH, District Judge.*

*

 Sitting by designation.

PER CURIAM.

Charles S. Port has applied to us to stay enforcement of a preliminary injunction granted by Judge Dimock on April 1, 1960, which enjoins him from voting certain proxies at the annual meeting of Great Sweet Grass Oils Limited, a Canadian corporation, to be held in New York City on April 4, 1960. The proxies were secured as a result of a letter of solicitation dated March 14, 1960. Upon the hearing of the application for a stay it was agreed by both parties that we should also determine the merits of the appeal from Judge Dimock’s order. Federal jurisdiction rests on diversity of citizenship.

The members of the Court having indicated during the course of lengthy argument that they were disposed to the view that there was ample basis for Judge Dimock’s order but that they felt it would be more equitable to the stockholders of the company to adjourn the annual meeting for a sufficient period of time to permit all parties to further inform the stockholders and solicit their proxies, both parties indicated their willingness to cooperate with respect to such an adjournment of the April 4 meeting.

We affirm Judge Dimock’s order of April 1, 1960, but direct that it be modified in two respects: first, that the plaintiffs and their agents and servants be required to take all action necessary to postpone and adjourn until April 18, 1960 the meeting called for April 4, 1960, including a corresponding postponement and adjournment of the time for depositing proxies, and, second, that the injunction with respect to the defendant’s voting of proxies be modified to permit him to vote the proxies at the meeting of April 4, 1960, solely and only for the purpose of postponing the meeting until. April 18, 1960.
<PAGE>

                                                                    EXHIBIT 32.1

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

In connection with the Quarterly Report of Northfield Laboratories Inc. on Form
10-Q for the period ended February 28, 2006 as filed with the Securities and
Exchange Commission on the date hereof (the "Report"), I, Steven A. Gould, M.D.,
Chief Executive Officer of Northfield Laboratories Inc., 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 Northfield Laboratories Inc.

Date: April 10, 2006


/s/ Steven A. Gould, M.D.
-------------------------------------
Steven A. Gould, M.D.
Chief Executive Officer