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



EXHIBIT 32.1 WARREN RESOURCES, 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 Warren Resources, Inc. (the
Company) on Form 10-Q for the period ending June 30, 2004 as filed with the
Securities and Exchange Commission on the date hereof (the Report), I, Norman
F. Swanton, Chairman of the Board 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. /s/ Norman F. SwantonNorman F. SwantonChairman of the Board
And Chief Executive OfficerAugust 16, 2004
 A signed original of this original statement required by Section 906 has been
provided to Warren Resources, Inc., and will be retained by Warren Resources,
Inc. and furnished to the Securities and Exchange Commission or its staff upon
request. 15
Exhibit 31.2 CERTIFICATION I, Howard Kaminsky, certify
that: 1.     I have reviewed this Quarterly Report on Form
10-Q of Sport Chalet, 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)
  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(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; 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.  Date:  August
  11, 2005
  
  /s/ Howard KaminskyHoward Kaminsky, 
  Chief Financial Officer 28
<TABLE> <S> <C>


<ARTICLE>                           5
<MULTIPLIER>                        1
<CURRENCY>                          U.S. Dollars
       
<S>                                      <C>
<PERIOD-TYPE>                       9-MOS
<FISCAL-YEAR-END>                   DEC-31-1996
<PERIOD-START>                      JAN-01-1996
<PERIOD-END>                        SEP-30-1996
<EXCHANGE-RATE>                     1
<CASH>                                   1,121,751
<SECURITIES>                                     0
<RECEIVABLES>                              273,907
<ALLOWANCES>                               (95,025)
<INVENTORY>                                 57,110
<CURRENT-ASSETS>                         1,447,674
<PP&E>                                   1,140,977
<DEPRECIATION>                            (509,329)
<TOTAL-ASSETS>                           2,847,758
<CURRENT-LIABILITIES>                      538,802
<BONDS>                                          0
<PREFERRED-MANDATORY>                            0
<PREFERRED>                                      0
<COMMON>                                    29,438
<OTHER-SE>                               2,203,413
<TOTAL-LIABILITY-AND-EQUITY>             2,847,758
<SALES>                                    743,375
<TOTAL-REVENUES>                           743,375
<CGS>                                      334,337
<TOTAL-COSTS>                              334,337
<OTHER-EXPENSES>                         1,780,401
<LOSS-PROVISION>                                 0
<INTEREST-EXPENSE>                          14,802
<INCOME-PRETAX>                         (1,287,233)
<INCOME-TAX>                                     0
<INCOME-CONTINUING>                     (1,287,233)
<DISCONTINUED>                                   0
<EXTRAORDINARY>                                  0
<CHANGES>                                        0
<NET-INCOME>                            (1,287,233)
<EPS-PRIMARY>                                 (.44)
<EPS-DILUTED>                                 (.44)
        

</TABLE>
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EXHIBIT 32.1


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


In connection with the Annual Report of Tribeworks, Inc. (the "Company") on Form
10-KSB for the year ending December 31, 2003, as filed with the Securities and
Exchange Commission on the date hereof (the "Report"), I, Duncan Kennedy, 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 and 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.


March 30, 2004
                                    /s/ DUNCAN J. KENNEDY
                                    ___________________________
                                    By: Duncan J. Kennedy
                                        Chief Executive Officer



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 TRIBEWORKS, INC. AND WILL BE
RETAINED BY TRIBEWORKS, INC. AND FURNISHED TO THE SECURITIES AND EXCHANGE
COMMISSION OR ITS STAFF UPON REQUEST.
FILED

United States Court of Appeals

Tenth Circuit

April 6, 2010

Elisabeth A. Shumaker

Clerk of Court

UNITED STATES COURT OF APPEALS

FOR THE TENTH CIRCUIT

TERRY GIEVER,

 Plaintiff - Appellant,

v. 

CITY OF LAS CRUCES CITY

COMMISSION; LAS CRUCES POLICE

OFFICERS "JOHN DOES 1-5," in their

official capacities,

 Defendants - Appellees.

No. 10-2032

(D.C. No. 6:08-CV-00155-LH-LAM)

ORDER

The captioned appeal is dismissed for lack of prosecution pursuant to 10th Cir. R.

42.1 and 3.3(B).

A copy of this order shall stand as and for the mandate of this court.

Entered for the Court,

ELISABETH A. SHUMAKER, Clerk

Appellate Case: 10-2032 Document: 01018397214 Date Filed: 04/06/2010 Page: 1
#### STATE OF NEW JERSEY v. HENRY L. FRAZIER.

May 16, 1978.

Petition for certification denied.
[Federal Register Volume 75, Number 207 (Wednesday, October 27, 2010)]
[Notices]
[Page 66100]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-27207]


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

FEDERAL MARITIME COMMISSION


Ocean Transportation Intermediary License Reissuance

    Notice is hereby given that the following Ocean Transportation 
Intermediary license has been reissued by the Federal Maritime 
Commission pursuant to section 19 of the Shipping Act of 1984 (46 
U.S.C. chapter 409) and the regulations of the Commission pertaining to 
the licensing of Ocean Transportation Intermediaries, 46 CFR part 515.

------------------------------------------------------------------------
           License No.               Name/address        Date reissued
------------------------------------------------------------------------
022143F 2010....................  DTI Group Inc.,     September 16,
                                   10913 NW. 30th      2010.
                                   Street, Suite
                                   107, Miami, FL
                                   33172.
------------------------------------------------------------------------


Sandra L. Kusumoto,
Director,
    Bureau of Certification and Licensing.
[FR Doc. 2010-27207 Filed 10-26-10; 8:45 am]
BILLING CODE 6730-01-P
**EXHIBIT 21.1**

 

**LIST OF SUBISIDIARIES**

 

Listed below are our subsidiaries, our percentage ownership in each subsidiary and the total number of active subsidiaries directly or indirectly owned by each subsidiary as of September 30, 2008.

 

|                                            |   | % Ownership |   | U.S.   |   | Non-U.S. |
|-------------------------------------------------|--------|-------------|--------|--------|--------|----------|
|                                            |   |        |   |   |   |     |
| Caspian Services Group Limited, BVI             |   | 100%        |   | 0      |   | 1        |
| Caspian Services Group LLP, Kazakhstan(1)       |   |        |   |   |   |     |
|                                            |   |        |   |   |   |     |
| Caspian Geophysics Ltd., BVI                    |   | 100%        |   | 0      |   | 3        |
| Tat-Arka LLP, Kazakhstan(2)                     |   |        |   |   |   |     |
| Kazmorgeophysica JSC, Kazakhstan(3)             |   |        |   |   |   |     |
| Veritas-Caspian LLP, Kazakhstan(4)              |   |        |   |   |   |     |
|                                            |   |        |   |   |   |     |
| Caspian Real Estate Ltd., BVI                   |   | 100%        |   | 0      |   | 4        |
| Bauta JSC, Kazakhstan(5)                        |   |        |   |   |   |     |
| Balykshi LLP, Kazakhstan(6)                     |   |        |   |   |   |     |
| Mangistau Oblast Boat Yard LLP,

Kazakhstan (7) |   |        |   |   |   |     |
|                                            |   |        |   |   |   |     |

(1) Caspian Services Group Limited owns a 100% interest in Caspian Services Group LLP.

(2) Caspian Geophysics Ltd. owns a 100% equity interest in Tat-Arka LLP.

(3) Caspian Geophysics Ltd. owns an 80% equity interest in Kazmorgeophysica JSC.

(4) Kazmorgeophysica JSC owns a 50% equity interest in Veritas-Caspian LLP.

(5) Caspian Real Estate Ltd. owns a 56% equity interest in Bauta JSCI.

(6) Caspian Real Estate Ltd. owns a 78% equity interest in Balykshi LLP.

(7) Balykshi LLP owns a 20% equity interest in Mangistau Oblast Boat Yard LLP.
#### Ballard *v.*Crutcher.

Award of Arbitrators — Notice. .

An appeal from an award of arbitrators operates as notice thereof, and the service of a copy on him is thereby dispensed witly even though such an award was not made out and returned and copies delivered ten days before the term of court at which judgment is rendered.

Evidence — Presumption of.

The signature of an umpire in an award of arbitrators, where submitted to “ *two arbitrators cmd thevr umpire,”*and where signed by the two arbitrators will not invalidate the award, the presumption being that it was the award of all.

APPEAL PROM MADISON CIRCUIT COURT.

December 8, 1865.

Opinion

by Court:

The judgment in this case cannot be sustained.

It does not appear in the record that when the award was made out a copy thereof was delivered to appellant. Nor does it appear that the appellant was present and consented that the award should be returned and made the judgment of the court, and without such consent, as the award was not made out and returned and copies delivered ten days before the term of the court at which judgment was rendered, the court below should not have rendered judgment thereon. Subsection b, sections 6 and *7,*chapter 3, 1 Rev. Stat. 184.

*185The submission in this case was to Walker and Herndon as arbitrators, and their umpire, and the award was signed by them and the umpire chosen by them. We cannot say from that fact alone that it is not the award of the two arbitrators; in the absence of evidence to the contrary, the presumption is that the arbitrators and the umpire all agreed in the decision, and that being the case the signature of the umpire cannot invalidate the award.

But for the errors stated the judgment is reversed, and the cause remanded for further proceedings consistent herewith.

Having appealed from the judgment on the award, appellant has notice thereof, and the service of a copy on him is thereby dispensed with, and upon the return of the cause the parties will be permitted to take such exceptions to the award as may seem available to them, if they or either of them choose to do so, and proceed as provided in the statute, *supra,*upon the return of an award upon due notice by delivering of copies to the parties.
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## Shuttle Tile

#### **Components**

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The Attorney General of Texas 

MARK WHITE 

Attorney General 

March 16, 1979 

supems cmln suildinp 

P.O. ear ,m 

Honorable Jerome Chapman 

Au&n. TX. 78711 Texas Department of Human 

512,47S-25ol Resources 

John H. Reagan Building 

Austin, Texas 78701 

101 cumwce. Suite 200 

m(P. TX. 79202 

tWl42.9944 

Dear Mr. Chapman: 

Opinion No. NW-5 

Re: Whether the Department of 

Human Resources and a county 

which jointly operate an infant 

adoption program may charge fees. 

You have requested our opinion regarding the collection of adoption 

fees which are assessed in the infant adoption program. operated jointly by 

the Texas Department of -Human Resources land the Bell County Welfare 

Board. Child Welfare Boards are appointed by the county commissioners 

courts for’ the purpose of. improving the health, education and welfare of 

children in the state. V.T.C.S. art 6954 S 4. The local boards are entities 

of the Department of Human Resou~rces “for the purposes of providing 

coordinated state and local public welfare services for $hildren and their 

families and coordinated utilization of federal, state, and local funds for 

these servicesw Id. S 4(c). The Department of Human Resources has the 

duty to “[aldmhtfir or supervise all child welfare service, except as 

otherwise provided for by law.” V.T.C.S. art. 695c, S 4f2). Adopting parents 

have been charged a fee amounting to 7% of their ,ineome. The proceeds of 

the fees are used generally to underwrite the expenses of the adoption 

program. 

There is no statutory authority for either the Department of Human 

Resources or Bell County to collect payments from adopting parents, 

whether such payments are characterized as a fee or reimbursement of 

government oosts. In the absence of specific statutory authorization, the 

state or county may not amess fees. Nueces County’v. Currington, 162 

S.W.2d 667 (Ten. 1942); McCaUa v. City of Rockdale, 246 S.W. 654 (Tex. 

1922); Attorney General Opinions Ii-1302 (1978); H-1052, H-990 (1977); H-702, 

H-647 (1975); H-443 (1974); WW-l482 (1962): V-l236 (1951); V-744 (1948); 

V.T.C.S. art. 5139ez, 5 9 (adoption investigation fee permitted in Orange 

County). 

p. 14 
Honorable Jerome Chapman - Page Two (MN-5) 

SUMMARY 

Neither BeII County nor the Texas Department of Human 

Resources has authority to assess adoption fees. 

MARK WHITE 

Attorney General of Texas 

JOHN W. FAINTER, JR. 

First Assistant Attorney General 

TED L. HARTLEY 

Executive Assistant Attorney General 

Prepared by David B. Brooks 

Asdistant Attorney’General 

APPROVED: 

OPINION COMMITTEE 

C. Rob& Heath, Chairman 

David B. Brooks 

Rick GiIpin 

William G Reid 

DavidYoung . 

Bruce Youngblood 

p- 15
FILED

United States Court of Appeals

Tenth Circuit

May 12, 2010

Elisabeth A. Shumaker

Clerk of Court

UNITED STATES COURT OF APPEALS

FOR THE TENTH CIRCUIT

FREDERICK W. BAUER,

Petitioner - Appellant,

v.

U.S. ATTORNEY GENERAL,

Respondent - Appellee.

No. 10-1027

(D.C. No. 1:09-CV-02529-ZLW)

ORDER

The captioned appeal is dismissed for lack of prosecution pursuant to 10th Cir. 

R. 42.1.

A copy of this order shall stand as and for the mandate of this court.

Entered for the Court,

ELISABETH A. SHUMAKER, Clerk

Appellate Case: 10-1027 Document: 01018420097 Date Filed: 05/12/2010 Page: 1
#### G. W. Sullivan *v.*A. M. Rice.

Jiote — Surety Agreement — Credit — Fraud.

When the parties to a note agree that a certain payment shall be a credit on it, from that instant the debt is extinguished to that extent, and neither nor both of the parties can revive the indebtedness as against the surety, without his consent, by a future agreement to apply it on another account. This would be fraud on the surety.

APPEAL FROM ADAIR CIRCUIT COURT.

December 8, 1866.

Opinion of the Court by

Judge Williams :

Sullivan having become bound "in a note for $205 as the security of Banet to Rice due January 1, 1859, in November after the note became due Banet sold to Rice lands to the amount of $150 and ordered it credited on said note, to which Rice agreed, it was then to all intents and purposes a payment, and extinguished -that much of the note, and the remainder was the only sum due .still and existing as a debt.

Rice in fact did not enter the credit on the note, but some four years afterward brought suit on it; Banet being served with process let judgment go by default after which Sullivan was served with process and pleaded said $150 as a payment to avoid which Rice shows that after judgment- against Banet, and before Sullivan answered, he and Banet had a settlement in which said $150 had been applied to other accounts, and the court to whom the case -was referred adjudged against Sullivan on this issue.

*17*JRusseTl & Bramlette, for appellant.*

*Baker & Alexander, for appellee.*

It was evidently a payment and discharge of the note to that extent from the instant the parties agreed that it should be applied to that debt and neither one nor both the parties could revive the indebtedness as against Sullivan -without his consent by a future agreement to apply it to some other account; this would be a fraud upon Sullivan’s rights which the law does not recognize, especially •as Banet had informed Sullivan he had paid the $150 soon after the transaction, and long before its misapplication to other accounts which probably originated after the payment.

The judgment is *reversed*with directions for a new trial and further proceedings in conformity herewith.
Exhibit 10.4
  (LOGO)
    
    LOAN MODIFICATION
AGREEMENT
  CRAFT BREWERS ALLIANCE, INC. BANK OF
AMERICA, N.A.
 Pricing Grid in Applicable Rate Definition
 Applicable Rate(in percentage points per annum)Pricing Level
    
    Funded Debt to EBITDA
    
    LIBOR/IBOR +
    
    Fee Margin:1
    
    3 3.0 to 1
    
    2.25
    
    0.3502
    
    < 3.0 to 1 but 3 2.0 to 1
    
    1.50
    
    0.2253
    
    < 2.0 to 1
    
    1.25
    
    0.200
 Quarterly Reporting
 (b) Within 45 days of the periods end (including the last period in each fiscal year),
quarterly financial statements of the Borrower, certified and dated by an authorized
financial officer. These financial statements may be company-prepared. The statements
shall be prepared on a consolidated and consolidating basis.
 Compliance Certificates With each of the financial statements required under (a) above and with
each of the financial statements required (b) above that coincide with a fiscal quarter end,... Within the period(s) provided in (a) and (b) above,...
 Asset Coverage Ratio
 Investments
 (d) Minority interests in other craft brewers up to $5,000,000 in the aggregate,
provided that after the closing of any such investment the amount available to be drawn
under the Line of Credit must exceed $2,500,000.
 Modification Fee
 Representations and Warranties
  - 1 -




---



##### 



Conditions
    Other Terms
 FINAL AGREEMENT . BY SIGNING THIS DOCUMENT EACH PARTY REPRESENTS AND AGREES THAT:
(A) THIS DOCUMENT REPRESENTS THE FINAL AGREEMENT BETWEEN THE PARTIES WITH RESPECT TO THE SUBJECT
MATTER HEREOF, (B) THIS DOCUMENT SUPERSEDES ANY COMMITMENT LETTER, TERM SHEET, OR OTHER WRITTEN
OUTLINE OF TERMS AND CONDITIONS RELATING TO THE SUBJECT MATTER HEREOF, UNLESS SUCH COMMITMENT
LETTER, TERM SHEET, OR OTHER WRITTEN OUTLINE OF TERMS AND CONDITIONS EXPRESSLY PROVIDES TO THE
CONTRARY, (C) THERE ARE NO UNWRITTEN ORAL AGREEMENTS BETWEEN THE PARTIES, AND (D) THIS DOCUMENT MAY
NOT BE CONTRADICTED BY EVIDENCE OF ANY PRIOR, CONTEMPORANEOUS, OR SUBSEQUENT ORAL AGREEMENTS OR
UNDERSTANDINGS OF THE PARTIES.
 STATUTORY NOTICE . UNDER OREGON LAW, MOST AGREEMENTS, PROMISES AND COMMITMENTS
MADE BY THE BANK CONCERNING LOANS AND OTHER CREDIT EXTENSIONS WHICH ARE NOT FOR PERSONAL, FAMILY OR
HOUSEHOLD PURPOSES OR SECURED SOLELY BY THE BORROWERS RESIDENCE MUST BE IN WRITING, EXPRESS
CONSIDERATION AND BE SIGNED BY US TO BE ENFORCEABLE.
  Bank:
    
    
    
    Borrower:BANK OF AMERICA, N.A.
    
    
    
    CRAFT BREWERS ALLIANCE, INC.By
    
    /s/ Michael Snook
    
    
    
    By
    
    /s/ Terry E. MichaelsonMichael Snook, Senior Vice President
    
    
    
    
    
    Terry Michaelson, Chief Executive Officer
  SECOND MODIFICATION
    
    - 2 -
    
    lr/01-0071/cbai