alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
Exhibit 32.2  Certification of Principal Executive Officer Pursuant to 18 U.S.C. 1350 (Section 906 of the Sarbanes-Oxley Act of 2002)  I, Gandolfo Verra, Chief Financial Officer of Cordia Corporation (the "Registrant") do hereby certify, pursuant to 18 U.S.C. Section 1350 as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that, to the best of my knowledge, based upon a review of the Quarterly Report on Form 10-Q for the period March 31, 2008 of the Registrant, as filed with the Securities and Exchange Commission on the date hereof (the "Report"):  (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.   By: /s/Gandolfo VerraGandolfo VerraChief Financial Officer May 20, 2008  * A signed original of this written statement required by Section 906 has been provided to Cordia Corporation and will be retained by Cordia Corporation and furnished to the Securities Exchange Commission or its staff upon request.
<PAGE>   1

                                                                      EXHIBIT 11

                  STUART ENTERTAINMENT, INC. AND SUBSIDIARIES

             STATEMENT REGARDING COMPUTATION OF PER SHARE EARNINGS

<TABLE>
<CAPTION>
                                                              YEARS ENDED DECEMBER 31,
                                                      -----------------------------------------
                                                          1997           1996           1995
                                                      ------------    -----------    ----------
<S>                                                   <C>             <C>            <C>
Shares of common stock outstanding at beginning of
  year(1).........................................       6,828,129      6,697,062     6,538,788
Weighted-average shares issued during the year....          40,354         77,912       115,270
                                                      ------------    -----------    ----------
Average common and common equivalent shares
  outstanding -- basic............................       6,868,483      6,774,974     6,654,058
Weighted-average shares assumed issued under stock
  option plans and exercise of warrants (using
  treasury stock method) during the year under
  diluted.........................................              --             --        32,870
                                                      ------------    -----------    ----------
Average common and common equivalent shares
  outstanding -- diluted..........................       6,868,483      6,774,974     6,686,928
                                                      ============    ===========    ==========
Net income (loss):
  Income (loss) before extraordinary item.........    $(13,145,000)   $(1,298,000)   $  786,000
  Extraordinary item -- Loss on extinguishment of
     debt, net of taxes...........................         208,000        933,000            --
                                                      ------------    -----------    ----------
Net income (loss).................................    $(13,353,000)   $(2,231,000)   $  786,000
                                                      ============    ===========    ==========
Earnings (loss) per share -- basic and diluted:
  Income (loss) before extraordinary item.........    $      (1.91)   $     (0.19)   $     0.12
  Extraordinary item..............................           (0.03)         (0.14)           --
                                                      ------------    -----------    ----------
Earnings (loss) per share -- basic and diluted....    $      (1.94)   $     (0.33)   $     0.12
                                                      ============    ===========    ==========
</TABLE>

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

(1) This represents total outstanding shares of common stock less treasury
    shares. See Note 1 to the Consolidated Financial Statements and the
    Consolidated Statement of Stockholders' Equity in Item 14 for additional
    information.
10556.

#### Southern Express Company *v.*Bass.

Decided February 7, 1920.

Complaint; from city court of Carrollton—Judge Beall. April 7, 1919.

*Robert C. & Philip H. Alston, 8. Holderness,*for plaintiff In error.

*Boylcin & Boylcin, H. C. Strickland,*contra.

Stephens, J.

Where in a suit by a shipper against a common carrier for loss or damage to goods in transit it appears from the evidence that some of the goods were not totally damaged or destroyed, but were of some value, and the evidence fails to furnish sufficient data from which a jury might infer the value of the damaged articles, the verdict is without evidence to support it.

*(a)*Plaintiff brought suit against the defendant, a common carrier, for failure to deliver in good condition a shipment of eggs, alleging a total destruction of a part of the shipment; and it appearing from the evidence that some of the eggs, for the value of which the suit was brought, were totally destroyed, and others partially destroyed but retaining some value, and the evidence failing to show how many were totally destroyed or how many partially destroyed, and failing further to show the value of such partially damaged eggs, which should be credited against plaintiff’s claim for a total damage, the evidence is insufficient to support a verdict covering damages for eggs both totally and partially destroyed.

2. It was error on the part of the trial judge to instruct the jury that the burden was upon the defendant carrier to prove the value of the eggs partially destroyed.

3. Failure or inability on the part of .the shipper to convert into money such partially damaged eggs would not affect the defendant’s right to have credit for their value.

4. Properly construed, the suit was one in tort, and a verdict for interest on the amount found was contrary to law. *Western & Atlantic Railroad Co.*v. *McCauley,*68 *Ga.*818.

*Judgment reversed.*

*Jenkins, P. J., and Smith, J., concur.*
Exhibit 4.17


HIBERNIA CORPORATION


RETIREMENT SECURITY PLAN


AMENDMENT


(Full Vesting)


Whereas, Hibernia Corporation, a corporation organized and existing under the laws of the State of Louisiana (the “Company”), maintains the Retirement Security Plan, a plan intended to be qualified under Section 401(a) of the Internal Revenue Code of 1986, as amended (the “Code”), and to be an “employee pension benefit plan” within the meaning of the Employee Retirement Income Security Act of 1974, as amended (“ERISA”), and to comply with the provisions of ERISA Section 404(c) (the “Plan”);


Whereas, effective as of January 1, 2003 (the “Effective Date”), the Plan was amended to include the safe harbor provisions of Code Section 401(k)(12), including the required vesting provisions thereof;


Whereas, the Committee has now determined that the vesting requirements of Code Section 401(k)(12) shall be extended to all accounts maintained under the Plan as of the Effective Date and such retroactive amendment is not otherwise prohibited under Code Section 411(d)(6);


Now, Therefore, as of the Effective Date, Section 5.1 of the Plan an shall be amended and restated to read in its entirety as follows:


“5.1 Determination of Vested Percentage.  As of January 1, 2003, the interest of each Participant in his or her Accounts maintained hereunder shall be fully vested and nonforfeitable.  For periods prior to such date, the interest of each Participant in his or her Accounts shall be determined in accordance with the provisions of Article V of the Plan in effect as of December 31, 2002.”



	
             
 	
            This Amendment has been executed in multiple originals on this         day of June, 2005.
            



Hibernia Corporation, acting through its 

Employee Benefit Plans Committee


By:  /s/ Michael Zainey                        


Its: Executive Vice President              


 


 



	
             
 	
            1
10756.

#### Vaughn, administrator, *v.*Castleberry.

Decided November 19, 1919.

Distraint; from city court of Americas—Judge Harper. Jane 28, 1919.

*Shipp & Sheppard,*for plaintiff in error.

*T. 0. Marshall,*contra.

Smith, J.

1. “All contemporaneous writings are admissible to explain each other; and parol evidence is admissible to explain all ambiguities,, botli latent and patent.” Civil Code (1910), § 5789.

2. The contract in the instant case was ambiguous as to whether the lease oí the building was included in the consideration of $1,500, for which the note and mortgage were given to the plaintiff, and the court did not err in admitting parol evidence to explain this ambiguity.

3. There was evidence to support the verdict, and the trial judge did not err in overruling the motion for a new trial.

*Judgment affirmed.*

*Jenkins, P. J., and Stephens, J., concur.*
IIB 

108TH CONGRESS 

2D SESSION H. R. 4327

IN THE SENATE OF THE UNITED STATES 

JULY 7, 2004

Received; read twice and referred to the Committee on Governmental Affairs 

AN ACT

To designate the facility of the United States Postal Service 

located at 7450 Natural Bridge Road in St. Louis, Missouri, as the ‘‘Vitilas ‘Veto’ Reid Post Office Building’’.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,
2

HR 4327 RFS 

1 SECTION 1. DESIGNATION. 

2 The facility of the United States Postal Service lo3 cated at 7450 Natural Bridge Road in St. Louis, Missouri, 

4 shall be known and designated as the ‘‘Vitilas ‘Veto’ Reid 

5 Post Office Building’’. 

6 SEC. 2. REFERENCES. 

7 Any reference in a law, map, regulation, document, 

8 paper, or other record of the United States to the facility 

9 referred to in section 1 shall be deemed to be a reference 

10 to the ‘‘Vitilas ‘Veto’ Reid Post Office Building’’.

Passed the House of Representatives July 6, 2004. 

Attest: JEFF TRANDAHL, 

Clerk.
Exhibit 32.2  Certification of Principal Executive Officer Pursuant to 18 U.S.C. 1350 (Section 906 of the Sarbanes-Oxley Act of 2002)  I, Gandolfo Verra, Chief Accounting Officer of Cordia Corporation (the "Registrant") do hereby certify, pursuant to 18 U.S.C. Section 1350 as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that, to the best of my knowledge, based upon a review of the Quarterly Report on Form 10-Q for the period March 31, 2007 of the Registrant, as filed with the Securities and Exchange Commission on the date hereof (the "Report"):  (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.  By: /s/ Gandolfo Verra Gandolfo Verra Chief Financial Officer  May 15, 2007  * A signed original of this written statement required by Section 906 has been provided to Cordia Corporation and will be retained by Cordia Corporation and furnished to the Securities Exchange Commission or its staff upon request.
Exhibit 99.1
                                                                    ------------

                              OFFICER'S CERTIFICATE


            This Officer's Certificate is furnished pursuant to Section 4.10 of
that certain Sale and Servicing Agreement dated as of May 1, 2004, among BMW
Financial Services NA, LLC, as Seller, Servicer, Administrator and Custodian,
Citibank, N.A., as Indenture Trustee, BMW FS Securities LLC, as Depositor, and
the BMW Vehicle Owner Trust 2004-A as Issuer (the "Sale and Servicing
Agreement") (all capitalized terms used herein without definition have the
respective meanings specified in the Sale and Servicing Agreement).

THE UNDERSIGNED HEREBY CERTIFIES THAT:

            1.    I am a duly authorized officer of the Servicer;

            2.    I have reviewed the terms of the Sale and Servicing Agreement
            and I have made, or have caused to be made under my supervision, a
            detailed review of the transactions and conditions of the Servicer
            and the performance of its obligations there under during the period
            from January 1, 2006 to December 31, 2006;

            3.    To my knowledge, based on the review described in paragraph 2,
            the Servicer has fulfilled all its obligations under the Sale and
            Servicing Agreement, during the period from January 1, 2006 to
            December 31, 2006, except as set forth below.

            Described below are the exceptions, if any, to paragraph 3 by
listing, in detail, the nature of the condition or event, the period during
which it has existed and the action which the Servicer has taken, is taking, or
proposes to take with respect to each such condition or event: NONE


            IN WITNESS WHEREOF, I have affixed hereunto set my hand this 2nd
day of April, 2007.

By:     BMW Financial Services NA, LLC

By:     /s/  Kerstin Zerbst
        -----------------------------------
        Kerstin Zerbst

Title:  CFO
#### The City of Grand Rapids v. John H. Roberts.

*Exceptions before judgment*— Ordinance *cases.*

Comp. L. ch. 363 permitting exceptions before judgment to be certified' up m criminal cases does not apply to convictions under city ordinances.

Exceptions before judgment from the Superior Court of Grand Rapids.

Submitted April 13.

Decided April 25.

Complaint for violating saloon ordinance. Respondent, was convicted.

Case dismissed.

*WUliam J. St/uart*and *Stuart & Sweet*for plaintiff

*Sliter <& Rodgers*for respondent.

Campbell, J.

This case is one where the aid of this;

court is sought to revise the action of the Superior Court for Grand Rapids in the county of Kent on exceptions cer*199titled here before judgment, on an appeal from a conviction under an ordinance of the city of Grand Kapids.

The statute allowing exceptions to be certified up before judgment in criminal cases does not apply to convictions under city ordinances. *People v. Jackson*8 Mich. 110.

' The case must be dismissed with costs..

The other Justices concurred.
EXHIBIT 11.1  Cordia Corporation Computation of Per Share (Loss) Earnings (Unaudited)  Nine Months Ended September 30,Three Months Ended September 30,2007200620072006Net  (Loss)$        (1,977,195)$        (1,169,553)$        (303,838)$        (932,409)BASIC EARNINGS (LOSS):Weighted average number of common shares outstanding5,664,3055,596,1175,611,4735,626,874Basic earnings (loss) per common share$                 (0.34)$                 (0.21)$              (0.05)$              (0.17)DILUTED EARNINGS:Weighted average number of common shares outstanding5,664,3055,596,1175,611,4735,626,874Assumed conversion of preferred stock----Assumed exercise of stock options----Weighted average number of common sharesoutstanding - as adjusted5,664,3055,596,1175,611,4735,626,874Diluted earnings (loss) per common share$                 (0.34)$                 (0.21)$              (0.05)$              (0.17)
Exhibit 32.2



CERTIFICATION PURSUANT TO

18 UNITED STATES CODE SECTION 1350,

AS ADOPTED PURSUANT TO

SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002



I, Anthony E. Applebaum, Chief Executive Officer of Mera Pharmaceuticals, certify that (1) Mera Pharmaceuticals, Inc.s Form 10-QSB for the quarter ended April 30, 2009 fully complies with the requirements of Section 3 (a) or 15 (d) of the Securities Exchange Act of 1934 and (ii) the information contained in the Form 10-QSB for the quarter ended April 30, 2009 fairly presents, in all material respects, the financial condition and the results of operations of Mera Pharmaceuticals, Inc.



|                                           |  | 
|------------------------------------------ |  | 
|Date:   June 11, 2009                      |  | 
|                                           |  | 
|/s/ANTHONY E. APPLEBAUM                    |  | 
|Anthony E. Applebaum                       |  | 
|Principal Financial and Accounting Officer |  | 



A signed original of this written statement required by Section 906 has been provided to Mera Pharmaceuticals, Inc. and will be retained by Mera Pharmaceuticals, Inc. and furnished to the Securities and Exchange Commission or its staff upon request.
EXHIBIT 32

CERTIFICATION OF PRINCIPAL EXECUTIVE OFFICER and PRINCIPAL
       FINANCIAL OFFICER PURSUANT TO SECTION 906
          OF THE SARBANES-OXLEY ACT OF 2002

In connection with the Quarterly Report of the Everest Fund, L.P.
(the "Partnership"), for the quarter ended June 30, 2006,
as filed with the U.S. Securities and Exchange Commission
on the date hereof (the "Report"), I, Peter Lamoureux, President
of Everest Asset Management, Inc., the general partner of
the Everest Fund, L.P. (the "Fund"), hereby 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 Fund.


      By:  /s/ Peter Lamoureux
         ----------------------
      Name: 	Peter Lamoureux
      Title: 	Director, President and
      		Treasurer

     August 14, 2006


							E-3
I 

108TH CONGRESS 

2D SESSION H. R. 4224

To require revisions to the Federal Acquisition Regulation to require executive 

agencies to seek commercial, volume, or other discounts for purchases 

made with the Governmentwide commercial purchase card, and for other 

purposes. 

IN THE HOUSE OF REPRESENTATIVES 

APRIL 27, 2004

Ms. SCHAKOWSKY (for herself and Mr. WAXMAN) introduced the following bill; 

which was referred to the Committee on Government Reform 

A BILL

To require revisions to the Federal Acquisition Regulation 

to require executive agencies to seek commercial, volume, 

or other discounts for purchases made with the Governmentwide commercial purchase card, and for other purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. USE OF GOVERNMENTWIDE COMMERCIAL PUR4 CHASE CARD. 

5 (a) AMENDMENT OF FAR.—Not later than 180 days 

6 after the date of enactment of this Act, the Federal Acqui-
2

•HR 4224 IH 

1 sition Regulation shall be revised to require the head of 

2 each executive agency to—

3 (1) seek commercial, volume, or other discounts 

4 for purchases made with the Governmentwide com5 mercial purchase card; 

6 (2) use procurement mechanisms other than 

7 purchase cards, including contracts, to the extent 

8 appropriate to maximize cost savings; and 

9 (3) systematically collect and analyze data on 

10 use of the Governmentwide commercial purchase 

11 card, including by vendor, in sufficient detail to 

12 identify opportunities to achieve savings. 

13 (b) GAO REPORTS.—Not later than 90 days after the 

14 end of each of the first 5 complete fiscal years following 

15 the revision of the Federal Acquisition Regulation under 

16 subsection (a), the Comptroller General shall submit to the 

17 Committee on Governmental Affairs of the Senate and the 

18 Committee on Government Reform of the House of Rep19 resentatives a report that—

20 (1) in the case of the first report—

21 (A) describes the status and content of the 

22 revisions required under subsection (a), and any 

23 resulting agency policies and procedures; and 

24 (B) includes a determination of whether 

25 the information collected under subsection 
3

•HR 4224 IH 

1 (a)(3) is sufficient to identify opportunities to 

2 achieve savings; and 

3 (2) in the case of each subsequent report, de4 scribes—

5 (A) executive branch progress in improving 

6 data collection on Governmentwide commercial 

7 purchase card use; 

8 (B) executive branch progress in seeking 

9 discounts or entering into agreements that pro10 vide for reduced prices; and 

11 (C) savings achieved through the use of 

12 discounts or other procurement mechanisms. 

13 (c) PROVISION OF INFORMATION TO GAO.—The Ad14 ministrator for Federal Procurement Policy shall direct 

15 the head of each executive agency to provide to the Comp16 troller General such information as the Comptroller Gen17 eral considers necessary to implement the requirements of 

18 subsection (b).

Æ
Exhibit 4.8


    
      

    

     

    Exhibit
      4.8

     

    
      ARTICLES
        OF AMENDMENT

      TO
        THE

      ARTICLES
        OF INCORPORATION

      OF

      CROWN
        GROUP, INC.

       

      Pursuant
        to the provisions of Article 4.04 of the Texas Business Corporation Act,
        the
        undersigned corporation adopts the following Articles of Amendment to its
        Articles of Incorporation:

       

      ARTICLE
        I

      The
        name
        of the Corporation is "CROWN GROUP, INC".

      ARTICLE
        II

      The
        Articles of Incorporation of Crown Group, Inc. shall be amended by deleting
        Article I thereof in its entirety and substituting the following in lieu
        of said
        Article I:

       

      "Article
        I.

      The
        name of the Corporation is America's Car-Mart,
        Inc."

      ARTICLE
        III

      The
        Articles of Incorporation shall be further amended
        by deleting Section D and Section E of Article IV thereof in their
        entirety.

      ARTICLE
        IV

      The
        Amendments set forth in Articles II and III of these
        Articles of Amendment were adopted by the shareholders of the Corporation
        on
        January 16, 2002.

      ARTICLE
        V

      On
        November 23, 2001, the record date for determining
        shareholders entitled to vote at the shareholders' meeting, there were 6,748,424
        shares of common stock outstanding and entitled to vote on each of the
        amendments.

       

       

       

      
        
          
          

        

        
          
          

          
            

          

        

        
          
          

        

      

       

       

      ARTICLE
        VI

       

      The
        Amendments set forth in Article II and III hereof received the number of
        votes
        in favor of and opposed to their adoption indicated below:

       

       

      
        	
                Amendments
                  Set Forth In Articles

              	
                Votes
                  in Favor 

              	
                Votes
                  Opposed 

              
	 	 	 
	
                 II
                  and III

              	
                6,283,381

              	
                7,492

              


      

       

    

     

    IN
      WITNESS WHEREOF, the Corporation has caused these Articles of Amendment to
      be
      executed by its Executive Vice President, a duly authorized officer of the
      Corporation on this 19th day of March, 2002.

     

     

     

     

    
      	 	
              CROWN
                GROUP, INC.

               

               

              By:   
                /s/ T. J. Falgout,
                III                                             
                

              T.J.
                Falgout, III, Executive Vice

              President
                and General Counsel