alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
**Exhibit 12.1**

 

STATEMENT OF CALCULATION OFRATIO OF EARNINGS TO FIXED CHARGES (Dollars in Thousands)

 

For the purpose ofcalculating the ratio of earnings to fixed charges, “earnings” represent incomebefore distributions to the Tribe plus fixed charges and amortization ofcapitalized interest. “Fixed charges” consist of (a) interest expensed andcapitalized; (b) amortized premiums, discounts and capitalized expensesrelated to indebtedness; and (c) an estimate of the interest within rentalexpenses.

 
| ** **                                    | ** ** | **Fiscal Year Ended**      | ** ** |
|-----------------------------------------------|------------|----------------------------|------------|
| ** **                                    | ** ** | **2009**                   | ** ** | **2008** | ** ** | **2007** | ** ** | **2006** | ** ** | **2005** | ** ** |
| ** **                                    | ** ** | **(Dollars in Thousands)** | ** ** |
|                                          |       |                       |       |   |   |   |   |   |   |   |   |
| Earnings: Income before Distribution to Tribe |       | 23,669                     |       | 24,303 |   | 20,710 |   | 20,229 |   | 18,276 |   |
| Fixed Charges: Interest Expense               |       | 20,860                     |       | 20,865 |   | 20,872 |   | 20,884 |   | 21,047 |   |
| Amortization of Capitalized Interest          |       | 318                        |       | 318 |   | 318 |   | 318 |   | 318 |   |
|                                          |       | 44,847                     |       | 45,486 |   | 41,900 |   | 41,431 |   | 39,641 |   |
|                                          |       |                       |       |   |   |   |   |   |   |   |   |
| Total Earnings                                |       | 44,847                     |       | 45,486 |   | 41,900 |   | 41,431 |   | 39,641 |   |
| Fixed Charges                                 |       | 20,860                     |       | 20,865 |   | 20,872 |   | 20,884 |   | 21,047 |   |
| **Ratio of Earnings to Fixed Charges**        |       | 2.15X                      |       | 2.18X |   | 2.01X |   | 1.98X |   | 1.88X |   |

 

----
**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 theQuarterly Report of 1-800 CONTACTS, INC. (the “Company”) on Form 10-Q for theperiod ended June 28, 2003 as filed with the Securities and Exchange Commissionon the date hereof (the “Report”), I, Brian W. Bethers, Chief Financial Officerof the Company, certify, pursuant to 18 U.S.C. Section 1350, as adoptedpursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that:

 

(1)          The Report fully complies with therequirements of Section 13(a) of the Securities Exchange Act of 1934; and

 

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

 

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

 

 
|   | /s/  Brian W. Bethers    |   |
|--------|--------------------------|--------|
|   | Chief  Financial Officer |
|   | Date:  August 12, 2003   |

 

----
A signed original of thiswritten statement required by section 906 has been provided to ESG Re Limitedand will be retained by ESG Re Limited and furnished to the Securities andExchange Commission or its staff upon request

 

**Exhibit 99.2**

 

**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 theQuarterly Report of ESG Re Limited (the “Company”) on Form 10-Q for the periodended June 30, 2002 as filed with the Securities and Exchange commission on thedate hereof (the “Report”), I, Aodh O’Murchu, Controller and Chief AccountingOfficer of the Company, certify, pursuant to 18 U.S.C. Section 1350, as adoptedpursuant 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) ofthe Securities Exchange Act of 1934; and

 

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

 

 
| /s/  Aodh O’Murchu                    |   |
|--------------------------------------------|--------|
| Aodh  O’Murchu                        |
| Controller  & Chief Accounting Officer |
| May  30, 2003                              |

 

1

----
<PAGE>

                                                                    Exhibit 4.15


                              CERTIFICATE OF TRUST
                                       OF
                       ENDURANCE HOLDINGS CAPITAL TRUST I


         This Certificate of Trust of Endurance Holdings Capital Trust I (the
"Trust"), dated as of June 15, 2004, is being duly executed and filed by the
undersigned, as trustees, to form a statutory trust pursuant to the Delaware
Statutory Trust Act, 12 Del. C. s. 3810, as follows:

         (i) The name of the Trust is Endurance Holdings Capital Trust I.

         (ii) The name and statutory address of the trustee of the Trust with a
principal place of business in the State of Delaware is as follows: The Bank of
New York (Delaware), White Clay Center, Route 273, Newark, Delaware 19711.

         (iii) This Certificate of Trust shall be effective upon filing with the
Secretary of State of the State of Delaware.



<PAGE>



         IN WITNESS WHEREOF, the undersigned, being the trustees of the Trust,
have executed this Certificate of Trust as of the date first-above written.


                                 /s/ Steven W. Carlsen
                                 -------------------------------
                                 Name: Steven W. Carlsen
                                 as Administrative Trustee


                                 /s/ Emily Canelo
                                 -------------------------------
                                 Name: Emily Canelo
                                 as Administrative Trustee


                                 /s/ Daniel S. Lurie
                                 -------------------------------
                                 Name: Daniel S. Lurie
                                 as Administrative Trustee


                                 THE BANK OF NEW YORK (DELAWARE),
                                 as Delaware Trustee

                                  /s/ Kristine K. Gullo
                                 -------------------------------
                                 Name: Kristine K. Gullo
                                 Title:  Assistant Vice President


                                 THE BANK OF NEW YORK,
                                 as Institutional Trustee

                                 /s/ Stacey B. Poindexter
                                 -------------------------------
                                 Name: Stacey B. Poindexter
                                 Title: Assistant Vice President
Exhibit 32.1

Certification pursuant to 18 U.S.C. 1350, as adopted pursuant to Section 906 of
the Sarbanes-Oxley act of 2001.

In connection with the Quarterly Report of Delek Resources, Inc. (the "Company")
on Form 10-QSB for the period ended December 31, 2004, as filed with the
Securities and Exchange Commission on the date hereof (the "Report"), I, Leonard
Sternheim, President of the Company, certify, pursuant to 18 U.S.C. 1350, as
adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2001, that:

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

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

Dated: February 22, 2005

                                /s/ Leonard Sternheim
                                ----------------------------
                                Leonard Sternheim, President
##### 



Exhibit 21.1
  Subsidiaries
    of Tower Group, Inc.
  Jurisdiction of



PercentageName

Incorporation

Parent

OwnershipTower Insurance Company of New York (TICNY)

New York

Tower Group, Inc.
    (TGI)


100
%Tower Risk Management Corp.

New York

TGI


100
%Tower National Insurance Company

Commonwealth of
    Massachusetts

TGI


100
%Preserver Group, Inc. (PGI)

New Jersey

TGI


62.6
%TICNY


37.4
%Preserver Insurance Company

New Jersey

PGI


100
%Mountain Valley Indemnity Company

New Hampshire

PGI


100
%North East Insurance Company (NEIC)

Maine

PGI


100
%North Atlantic Underwriters, Inc.

Maine

NEIC


100
%
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 Annual Report of American Patriot Financial Group, Inc. (the
“Registrant”) on Form 10-K for the period ending December 31, 2009, as filed
with the Securities and Exchange Commission on the date hereof (the “Report”),
I, John D. Belew, Chief Executive Officer of the Registrant, 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
Registrant.




/s/ John D. BelewJohn
      D. BelewChief
      Executive OfficerAmerican
      Patriot Financial Group, Inc.April
      15, 2010
Entity
    
    Jurisdiction1.
    
    Trim Systems, Inc.
    
    Delaware2.
    
    Trim Systems Operating Corp.
    
    Delaware3.
    
    CVG International Holdings, Inc.
    
    Barbados4.
    
    CVG Vehicle Components (Shanghai) Co., Ltd.
    
    China5.
    
    CVS Holdings Limited
    
    United Kingdom6.
    
    Commercial Vehicle Systems Limited
    
    United Kingdom7.
    
    Bostrom Limited
    
    United Kingdom8.
    
    Bostrom Investments Limited
    
    United Kingdom9.
    
    KAB Seating, L.L.C.
    
    Delaware10.
    
    Bostrom International Limited
    
    United Kingdom11.
    
    KAB Seating AB
    
    Sweden12.
    
    KAB Seating PTY. LTD.
    
    Australia13.
    
    KAB Seating SA
    
    Belgium14.
    
    National Seating Company
    
    Delaware15.
    
    KAB Seating Limited
    
    United Kingdom16.
    
    KAB Pressings Limited
    
    United Kingdom17.
    
    KAB Components Limited
    
    United Kingdom




---



##### 



Entity
    
    Jurisdiction18.
    
    CVS Holdings, Inc.
    
    Delaware19.
    
    Sprague Devices, Inc.
    
    Delaware20.
    
    CVG Management Corporation
    
    Delaware21.
    
    CVG Logistics, LLC
    
    Delaware22.
    
    Mayflower Vehicle Systems, LLC
    
    Delaware23.
    
    T.S. Mexico S. de R. L. de C.V.
    
    Mexico24.
    
    Monona Corporation
    
    Delaware25.
    
    Monona Wire Corporation
    
    Iowa26.
    
    Monona (Mexico) Holdings LLC
    
    Illinois27.
    
    MWC de Mexico S. de R.L. de C.V.
    
    Mexico28.
    
    EMD Servicious, S.A. de C.V.
    
    Mexico29.
    
    Cabarrus Plastics, Inc.
    
    North Carolina30.
    
    CVG European Holdings, LLC
    
    Delaware31.
    
    CVG International GP
    
    Bermuda32.
    
    C.I.E.B. Kahovec, spol. s.r.o.
    
    Czech Republic33.
    
    CVG Czech Management, s.r.o.
    
    Czech Republic34.
    
    CVG Global s.a.r.l.
    
    Luxembourg35.
    
    CVG Czech I s.r.o.
    
    Czech Republic36.
    
    PEKM Kabeltechnik s.r.o.
    
    Czech Republic37.
    
    Prettl MKRT Ukraine LLC
    
    Ukraine38.
    
    CVG Oregon, LLC
    
    Delaware




---



##### 



Entity
    
    Jurisdiction39.
    
    CVG CS LLC
    
    Delaware40.
    
    Commercial Vehicle Group Mexico S. de R.L. de C.V.
    
    Mexico41.
    
    CVG AR LLC
    
    Delaware42.
    
    CVG Alabama, LLC
    
    Delaware
Exhibit 13.(a).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 Annual Report of Syneron Medical Ltd. (the "Company") on Form 20-F for the period ended December 31, 2010, as filed with the Securities and Exchange Commission on the date hereof (the "Report"), the undersigned hereby certify that to our knowledge:





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.





Date:  March 28, 2011





/s/ Louis ScafuriName:  Louis ScafuriTitle: Chief Executive Officer




Date: March 28, 2011




/s/ Asaf AlperovitzName:  Asaf AlperovitzTitle: Chief Financial Officer
NUMBER 13-19-00393-CV

COURT OF APPEALS

THIRTEENTH DISTRICT OF TEXAS

CORPUS CHRISTI - EDINBURG

____________________________________________________________

CESAR DE LEON, CITY OF BROWNSVILLE, TEXAS, 

TONY MARTINEZ, ROSE Z. GOWEN, 

RICARDO LONGORIA JR., JOEL MUNGUIA, 

BEN NEECE AND JESSICA TETREAU IN 

THEIR OFFICIAL CAPACITIES ONLY, Appellants,

v.

BROWNSVILLE GMS, LTD. AND 

MICHAEL BENNETT, Appellees.

____________________________________________________________

On appeal from the 445th District Court 

of Cameron County, Texas.

____________________________________________________________

ORDER

Before Justices Benavides, Longoria, and Perkes

Per Curiam Order
Appellants the City of Brownsville, Tony Martinez, Rose M.Z. Gowen, Ricardo 

Longoria, Jr., Jessica Tretreau, Joel Mungia, and Ben Neece (collectively the City) filed 

this interlocutory appeal from the trial court’s alleged denial of the City’s plea to the 

jurisdiction.1 Cesar De Leon filed an appeal from the trial court’s denial of his motion to 

dismiss the individual claims against him in this cause, No. 13-19-00393-CV. To avoid 

confusion, the Court severs the City of Brownsville and the commission members’ appeal 

from DeLeon’s appeal of the separate order and assigns the City of Brownsville’s appeal 

to Cause No. 13-19-00467-CV.

IT IS SO ORDERED.

PER CURIAM

Delivered and filed the

27th day of September, 2019.

 

1 The City of Brownsville separately perfected an appeal from the trial court’s grant of a temporary 

injunction to Brownsville GMS in Cause No. 13-19-00311-CV. Cesar De Leon separately filed an appeal 

from the trial court’s denial of his motion to dismiss the individual claims against him in this cause, No. 13-

19-00393-CV. DeLeon’s appeal is not the subject of this order.
Exhibit 32.1

CERTIFICATION

Pursuant to Section 906 of the Sarbanes-Oxley Act of 2002 (18 U.S.C. §
1350, as adopted), Carlos A. Riva, the Chief Executive Officer of Verenium Corporation (the Company), and James E. Levine, the Chief Financial Officer of the Company, each hereby certifies that, to the best of his knowledge:



|1. | The Companys Quarterly Report on Form 10-Q for the quarter ended March 31, 2009, to which this Certification is attached as Exhibit 32.1 (the Periodic
Report), fully complies with the requirements of Section 13(a) or Section 15(d) of the Securities Exchange Act of 1934, as amended; and
|-- | -------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------



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

Dated: May 15, 2009

|                                                |  |  |  |                                                                                   
|----------------------------------------------- |  |  |  | ----------------------------------------------------------------------------------
|                                                |  | 
|/s/ CARLOS A. RIVA                              |  |  |  | /s/ JAMES E. LEVINE                                                               
|Carlos A. Riva                                  |  |  |  | James E. Levine                                                                   
|President, Chief Executive Officer and Director |  |  |  | Executive Vice President and Chief Financial Officer (Principal Financial Officer)

This certification accompanies the Form 10-Q to which it relates, is not deemed filed with the Securities and
Exchange Commission and is not to be incorporated by reference into any filling of Verenium Corporation under the Securities Act of 1933, as amended, or Securities Exchange Act of 1934, as amended (whether made before or after the date of the Form
10-Q), irrespective of any general incorporation language contained in such filing.
9987.

#### Lane *v.*Bank of Thomasville.

Decided January 15, 1919.

Complaint; from Grady superior court—Judge Harrell. June 29; 1918.

*R. R. Terrell,*for plaintiff in error.

*Titus, Dekle & Hopkins,*contra.

Luke, J.

1. Where, in a suit upon a promissory note, the debtor shows that he paid a part of it to a supposed agent of the holder of the note, but fails to show that the supposed agent produced the note at the time of payment, or that the money so collected ever reached the owner of the note, or that the alleged' agent had specific authority to collect trie note, no valid defense of partial payment is shown. *Dibble*v. *Law,*141 *Ga.*364 (80 S. E. 999), and cases there cited; Civil Code (1910), § 3578.

2. For none of the reasons assigned did the court err in directing a verdict for the plaintiff.

*Judgment affirmed.*

*Wade, C. J., and Jenkins, J., concur.*
1 The Honorable E. Richard Webber, United States District Judge for the Eastern District of Missouri. 

## United States Court of Appeals FOR THE EIGHTH CIRCUIT

___________ No. 07-1354

___________ United States of America, * * Appellee, * * Appeal from the United States v. * District Court for the Eastern * District of Missouri. Mark Carmel, * also known as Smiley, * [UNPUBLISHED] * Appellant. *

___________ Submitted: May 6, 2008 Filed: May 15, 2008

___________ Before MURPHY, COLLOTON, and SHEPHERD, Circuit Judges.

___________ PER CURIAM. Mark Carmel appeals the 120-month prison sentence the district court 1 imposed after he pleaded guilty to being a felon inpossession of ammunition, in violation of 18 U.S.C. § 922(g)(1). Carmel’s counsel has moved to withdraw a nd has filed a brief under Anders v. California , 386 U.S. 738 (1967), arguing that the appeal waiver contained in Carmel’s plea ag reement is not enforceable because the agreement itself-2- was not entered into knowingly and voluntarily. More specifically, Carmel maintains that he did not understand he was agreeing to a 120-month prison sentence.
We will enforce an appeal waiver wher e both the plea agreement and the appeal waiver were entered into knowingly and vol untarily, the appeal falls within the scope of the waiver, and no miscarriage of justice would result. See United States v. Andis , 333 F.3d 886, 889-92 (8th Cir. 2003) (en banc). After reviewing the record, we conclude that Carmel knowingly and voluntarily entered into his plea agreement and appeal waiver. We note that, during the plea hearing, the court advised Carmel that he was waiving “important appeal rights,” fu lly quoted the terms of the appeal waiver, and referred several tim es to the “agreed 120-month se ntence.” The court repeatedly asked Carmel if he understood, and each time Carmel responded, “Yes, sir.” Cf. Blackledge v. Allison , 431 U.S. 63, 74 (1977) (“Solemn declarations in open court carry a strong presumption of verity.”). Wealso conclude that Carmel’s appeal falls within the scope of the appeal waiver, wh ich provided that he waived all rights to appeal his sentence unless his prison te rm exceeded 120 months (the statutory maximum), and that enforcing the waiver w ould not result in a miscarriage of justice. See Andis , 333 F.3d at 891-92; see also United States v. Estrada-Bahena , 201 F.3d 1070, 1071 (8th Cir. 2000) (per curiam) (enforcing appeal waiver in Anders case).
Having reviewed the record i ndependently under Penson v. Ohio , 488 U.S. 75, 80 (1988), we have found no nonfrivolous issu e for appeal beyond the scope of the waiver. Therefore, we enfo rce the appeal waiver and di smiss the appeal. We grant counsel leave to withdraw, subject to the condition that counsel promptly comply with the requirements of Part V of this Court’s Plan to Implement the Criminal Justice Act by advising Carmel of the procedures for f iling a petition for writ of certiorari pro se.

______________________________