alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
EXHIBIT 3.05  
 CERTIFICATE OF AMENDMENT
 OF
 SECOND AMENDED ANDRESTATED
 CERTIFICATE OF INCORPORATION
 OF
 KANA SOFTWARE, INC.
 
 
 Kana Software, Inc., a Delaware corporation, does hereby certify:
 
 FIRST:  The name of the corporation is Kana Software, Inc. (the “Corporation”).  The Corporation’s original Certificate of Incorporation was filed with the Delaware Secretary of State on June 17, 1999.  The Corporation’s Amended and Restated Certificate of Incorporation was filed on September 15, 1999, as amended by a Certificate of Amendment filed on September 20, 1999.  The Corporation’s Second Amended and Restated Certificate of Incorporation was filed on September 24, 1999, as amended by Certificates of Amendment filed on April 18, 2000, June 29, 2001, December 11, 2001, November 21, 2005 and a Certificate of Designation filed on January 27, 2006.  The Corporation was originally incorporated under the name “Kana Communications, Inc.”
 
 SECOND:  Pursuant to Section 242(b) of the Delaware General Corporation Law (the “DGCL”), the Board of Directors of the Corporation has duly adopted, and a majority of the outstanding stock entitled to vote thereon and a majority of the outstanding stock of each entitled to vote as a class has approved, the amendment to the Second Amended and Restated Certificate of Incorporation set forth in this Certificate of Amendment.
 
 THIRD:  Pursuant to Section 242 of the DGCL, Article I of the Second Amended and Restated Certificate of Incorporation shall be amended by deleting it in its entirety and substituting the following in its entirety:
 
 “ARTICLE I
 
 The name of this corporation is SWK Holdings Corporation (the ‘Corporation’).”
 
  [Signature Page Follows]
  
  IN WITNESS WHEREOF, the Corporation has caused this Certificate of Amendment to be signed by its duly authorized officer this 23rd day of December, 2009 and the foregoing facts stated herein are true and correct.
  KANA SOFTWARE, INC.By
/s/ Michael S. FieldsMichael S. FieldsChief Executive Officer
  
 [Signature Page to Certificate of Amendment of Second Amended and Restated Certificate of Incorporation of Kana Software, Inc.]
   2
EXHIBIT 15

To
the Board of Directors and Shareholder of
Allstate Life Insurance Company of New York:

We
have reviewed, in accordance with standards established by the American Institute of Certified Public Accountants, the unaudited interim condensed financial statements of Allstate
Life Insurance Company of New York for the three-month and six-month periods ended June 30, 2003 and 2002, as indicated in our report dated August 14, 2003; because we did
not perform an audit, we expressed no opinion on such financial statements.

We
are aware that our report referred to above, which is included in your Quarterly Report on Form 10-Q for the quarterly period ended June 30, 2003, is
incorporated by reference in the following Registration Statements:

Form S-3 Registration Nos.

Form N-4 Registration Nos.333-58512

333-68344333-100029

333-81970333-94785033-65381


We
also are aware that the aforementioned report, pursuant to Rule 436(c) under the Securities Act of 1933, is not considered a part of the Registration Statement prepared or
certified by an accountant or a report prepared or certified by an accountant within the meaning of Sections 7 and 11 of that Act.

/s/Deloitte &
Touche LLP

Chicago,
Illinois
August 14, 2003

E-3

---
<TABLE> <S> <C>


<ARTICLE>                     5
<LEGEND>
     (Replace this text with the legend)
</LEGEND>
<CIK>                         841501
<NAME>                        Owens Mortgage Investment Fund
<MULTIPLIER>                  1
<CURRENCY>                    U.S. Dollars
       
<S>                           <C>
<PERIOD-TYPE>                 3-MOS
<FISCAL-YEAR-END>             DEC-31-1999
<PERIOD-START>                JAN-01-1999
<PERIOD-END>                  MAR-31-1999
<EXCHANGE-RATE>               1
<CASH>                        16,825,716
<SECURITIES>                  350,000
<RECEIVABLES>                 1,589,982
<ALLOWANCES>                  0
<INVENTORY>                   0
<CURRENT-ASSETS>              18,765,698
<PP&E>                        176,334,286
<DEPRECIATION>                0
<TOTAL-ASSETS>                205,605,926
<CURRENT-LIABILITIES>         1,038,029
<BONDS>                       0
<PREFERRED-MANDATORY>         0
<PREFERRED>                   0
<COMMON>                      0
<OTHER-SE>                    204,567,897
<TOTAL-LIABILITY-AND-EQUITY>  205,605,926
<SALES>                       0
<TOTAL-REVENUES>              4,843,662
<CGS>                         0
<TOTAL-COSTS>                 0
<OTHER-EXPENSES>              663,058
<LOSS-PROVISION>              0
<INTEREST-EXPENSE>            0
<INCOME-PRETAX>               4,180,604
<INCOME-TAX>                  0
<INCOME-CONTINUING>           4,180,604
<DISCONTINUED>                0
<EXTRAORDINARY>               0
<CHANGES>                     0
<NET-INCOME>                  4,180,604
<EPS-PRIMARY>                 .02
<EPS-DILUTED>                 .02
        

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


<ARTICLE>                     5

<MULTIPLIER>                                  1
<CURRENCY>                                   U.S. DOLLARS
       
<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                            MAY-31-1998
<PERIOD-START>                               JUN-01-1997
<PERIOD-END>                                 AUG-31-1997
<EXCHANGE-RATE>                                1
<CASH>                                         263,048
<SECURITIES>                                  0
<RECEIVABLES>                                   468,410
<ALLOWANCES>                                      2,000
<INVENTORY>                                   1,517,811
<CURRENT-ASSETS>                              2,440,606
<PP&E>                                          548,233
<DEPRECIATION>                                  221,929
<TOTAL-ASSETS>                                3,162,208
<CURRENT-LIABILITIES>                         1,799,731
<BONDS>                                       0
<PREFERRED-MANDATORY>                         0
<PREFERRED>                                   0
<COMMON>                                         30,980
<OTHER-SE>                                    2,304,334
<TOTAL-LIABILITY-AND-EQUITY>                  3,162,208
<SALES>                                       1,013,506
<TOTAL-REVENUES>                              1,013,506
<CGS>                                           737,312
<TOTAL-COSTS>                                   250,363
<OTHER-EXPENSES>                                  1,667
<LOSS-PROVISION>                               0
<INTEREST-EXPENSE>                               33,067
<INCOME-PRETAX>                                  (4,513)
<INCOME-TAX>                                   0
<INCOME-CONTINUING>                              (4,513)
<DISCONTINUED>                                 0
<EXTRAORDINARY>                                0
<CHANGES>                                      0
<NET-INCOME>                                    (10,143)
<EPS-PRIMARY>                                      0.00
<EPS-DILUTED>                                      0.00
        


</TABLE>
[Exhibit 32.2]

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


    In connection with the Annual Report of BF Acquisition Group
IV, Inc. (the "Company") on Form 10-KSB for the period ending
April 30, 2003 as filed with the Securities and Exchange
Commission on the date hereof (the "Report"), I, William Colucci,
Treasurer of the Company, certify, pursuant to 18 U.S.C. 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.

Dated: June 16, 2004


                   /s/ William Colucci
                   -----------------------------
                   William Colucci, Treasurer
                   BF Acquisition Group IV, Inc.
IN THE UNITED STATES DISTRICT COURT

FOR THE SOUTHERN DISTRICT OF ALABAMA

SOUTHERN DIVISION

JAMES EDWARD LEE, )

)

Petitioner, )

)

vs. ) CIVIL ACTION 15-0034-CG-M

)

UNITED STATES OF AMERICA, ) CRIMINAL NO. 11-00371-CG-M

)

Respondent. )

ORDER

After due and proper consideration of the issues raised, and there having 

been no objections filed, the Recommendation of the Magistrate Judge made under 

28 U.S.C. § 636(b)(1)(B) is adopted as the opinion of this Court.

Accordingly, it is ORDERED that Petitioner’s Motion to Vacate (Doc. 106) is 

DENIED and that this action is DISMISSED. It is further ORDERED that any 

certificate of appealability filed by Petitioner be DENIED as he is not entitled to 

appeal in forma pauperis.

DONE and ORDERED this 3rd day of June, 2015.

/s/ Callie V. S. Granade

UNITED STATES DISTRICT JUDGE

Case 1:11-cr-00371-CG-M Document 115 Filed 06/03/15 Page 1 of 1
<PAGE>
                                                                    EXHIBIT 12.2

                          GRUPO IUSACELL, S.A. DE C.V.

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

I, Russell A. Olson, as Chief Financial Officer of Grupo Iusacell, S.A. de C.V.
(the "Company") 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:

     (1) The Annual Report on Form 20-F of the Company for the year ended
         December 31, 2002 as filed with the Securities and Exchange Commission
         on the date hereof (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 Annual Report fairly presents, in all
         material respects, the financial condition and results of operations of
         the Company.

                                             /s/ Russell A. Olson
                                             ------------------------------
                                             Name:  Russell A. Olson
                                             Title: Chief Financial Officer
                                             Date:  June 25, 2003

This certification accompanies the Annual Report pursuant to Section 906 of the
Sarbanes-Oxley Act of 2002 and shall not, except to the extent required by the
Sarbanes-Oxley Act of 2002, be deemed filed by the Company for purposes of
Section 18 of the Securities Exchange Act of 1934, as amended.

A signed original of this written statement required by Section 906 has been
provided to the Company and will be retained by the Company and furnished to the
Securities and Exchange Commission or its staff upon request.
Exhibit 32
                    CERTIFICATION PURSUANT TO
                         18 U.S.C. 1350,
                     AS ADOPTED PURSUANT TO
          SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002


In  connection with the Quarterly Report of AEI Real Estate  Fund
XVIII  Limited Partnership (the "Partnership") on Form  10-Q  for
the  period ended June 30, 2008, as filed with the Securities and
Exchange  Commission  on  the  date hereof  (the  "Report"),  the
undersigned, Robert P. Johnson, President of AEI Fund  Management
XVIII, Inc., the Managing General Partner of the Partnership, and
Patrick  W. Keene, Chief Financial Officer of AEI Fund Management
XVIII,  Inc.,  each  certify, pursuant  to  18  U.S.C.  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 Partnership.


                          /s/ Robert P Johnson
                              Robert P. Johnson, President
                              AEI Fund Management XVIII, Inc.
                              Managing General Partner
                              August 8, 2008



                          /s/ Patrick W Keene
                              Patrick W. Keene, Chief Financial Officer
                              AEI Fund Management XVIII, Inc.
                              Managing General Partner
                              August 8, 2008
IN THE UNITED STATES DISTRICT COURT

FOR THE SOUTHERN DISTRICT OF ALABAMA

SOUTHERN DIVISION

FRANK JAMES ABSTON, )

)

Petitioner, )

)

vs. ) CIVIL ACTION 14-0505-CG-M

)

UNITED STATES OF AMERICA, ) CRIMINAL NO 11-00238-CG-M

)

Respondent. )

JUDGMENT

In accordance with the Order entered this date, it is ORDERED, 

ADJUDGED, and DECREED that JUDGMENT be entered in favor of 

Respondent, the United States of America, and against Petitioner Frank James 

Abston.

DONE and ORDERED this 8th day of June, 2015.

/s/ Callie V. S. Granade 

UNITED STATES DISTRICT JUDGE

Case 1:11-cr-00238-CG-C Document 205 Filed 06/08/15 Page 1 of 1 PageID #:

<pageID>
CASE TITLE/SUBJECT

# Point of Contact Comment Type Section Referenced Line # Referenced Comment Recommendations

1 Rod Buell General i 2

Cybersecurity risk and cyberseurity maturity are 

definitely linked, but this seems to be much more of a 

maturity document.

The NIST Cybersecurity Framework 2.0 provides guidance to industry, 

government agencies, 2 and other organizations to reduce cybersecurity 

risks by proving tools to evaluate and improve an organizations 

cybersecurity maturity.

2 Rod Buell General i 11 Add cybersecurity maturity to the Keywords. Add cybersecurity maturity to the Keywords.

3 John Yi General 7 241 Add one or more examples of Categories. Add one or more examples of Categories.

4 John Yi General 7 242 Add one or more examples of Subcategories. Add one or more examples of Subcategories.

5 Rod Buell General 13 453

Fig 5 seems to represent one of the key outcomes of 

the document. This is an illustration of cybersecurity as 

opposed to the stated focus of cybersecurity risk.

Change title to Cybersecurity Maturity Levels.

6 Sean Kruchten Editorial 30 824 Table 5-10 has missing border lines for some boxes, 

both vertical and horizontal.

This can happen with Microsoft Word tables sometimes, particularly when 

the document resides in sharepoint, and then when the document gets 

converted to PDF. Verify all tables for correct formatting and borders after 

converting to PDF and before publishing.

7 Lorrin Massengill General 1 77

Suggest describing what the CSF Core is. For instance, in 

Version 1.1, the Core was introduced as follows: "The 

Framework Core is a set of cybersecurity activities, 

outcomes, and 

informative references that are common across sectors 

and critical infrastructure."

Suggest providing more context/definition to what the Framework Core is 

and entails.

8 Monica Wilson General N/A N/A

Consider adding examples of Organizational Profiles 

(including tiers) and action plans to the NIST 

Cybersecurity Framework website. It would be 

extremely helpful to see a complete example as the CSF 

2.0 Core Functions, Categories, and Subcategories 

tables for the other areas.

Consider adding examples of Organizational Profiles (including tiers) and 

action plans to the NIST Cybersecurity Framework website. It would be 

extremely helpful to see a complete example as the CSF 2.0 Core 

Functions, Categories, and Subcategories tables for the other areas.
**EXHIBIT 32.1**

**STATEMENT OF CHIEF EXECUTIVE OFFICER**

**UNDER 18 U.S.C. SECTION 1350**

            With reference to the quarterly Report of Redwood Empire Bancorp (the "Company") on Form 10-Q for the period ending June 30, 2004  (the“Report”), I, Patrick W. Kilkenny, President and Chief Executive Officer of the Company, certify for the purposes of section 1350 of chapter 63 of title 18 of the United States Code that, to my knowledge,

(1) the Report fully complies with the requirements of section 13(a) or 15(d) of the Securities Exchange Act of 1934, and

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

 

| /s/ Patrick W. Kilkenny               |
|---------------------------------------|
| Patrick W. Kilkenny                   |
| President and Chief Executive Officer |
|                        |
| Date:  August 3, 2004            |
|                                 |   |  State of       |   |                                |
|--------------------------------------|--------|----------------------|--------|-------------------------------------|
| Name of Subsidiaries       |   | Incorporation        |   | Names Under Which They do Business  |
| Beaver Lake Concrete, Inc.           |   | Arkansas             |   | Beaver Lake Concrete, Inc.          |
|                                 |   |                 |   |                                |
| Capitol Concrete Products Co., Inc.  |   | Kansas               |   | Capitol Concrete Products Co., Inc. |
|                                 |   |                 |   |                                |
| City Wide Construction Products Co.  |   | Missouri        |   | City Wide Construction Products Co. |
|                                 |   |                 |   |                                |
| Concrete Enterprises, Inc.           |   | Kansas               |   | Concrete Enterprises, Inc.          |
|                                 |   |                 |   | Concrete Enterprises South          |
|                                 |   |                 |   |                                |
|  Concrete Materials, Inc.       |   |  Kansas         |   | Concrete Materials, Inc.            |
|                                 |   |                 |   |                                |
|  Dodge City Concrete, Inc.      |   |  Kansas         |   | Dodge City Concrete, Inc.           |
|                                 |   |                 |   | Concrete Industries                 |
|                                 |   |                 |   |                                |
|  Joplin Concrete Company, Inc.  |   |  Missouri       |   | Joplin Concrete Company, Inc.       |
|                                 |   |                 |   |                                |
|  Kansas Sand and Concrete, Inc. |   |  Kansas         |   | Kansas Sand and Concrete, Inc.      |
|                                 |   |                 |   |                                |
|  Monarch Cement of Iowa, Inc.   |   |  Iowa           |   | Monarch Cement of Iowa, Inc.        |
|                                 |   |                 |   |                                |
|  Salina Concrete Products, Inc. |   |  Kansas         |   | Kansas Building Products            |
|                                 |   |                 |   | Salina Concrete Products, Inc.      |
|                                 |   |                 |   |                                |
|  Springfield Ready Mix Co.      |   |  Missouri       |   | Springfield Ready Mix Co.           |
|                                 |   |                 |   |                                |
|  Tulsa Dynaspan, Inc.           |   |  Oklahoma  |   | Arrow Concrete Company              |
|                                 |   |                 |   | Tulsa Dynaspan, Inc.                |
#### Dan OLIVER, Plaintiff-Appellant, v. K. FOWLKES, Ombudsman; John Taylor, Warden; Joe Teefey, Institutional Attorney; H. Clark, Operational Officer, Defendants-Appellees.

No. 00-7821.

United States Court of Appeals, Fourth Circuit.

Submitted May 31, 2001.

Decided June 6, 2001.

Dan Oliver, pro se. Pamela Anne Sargent, Assistant Attorney General, Richmond, VA; Mark Charles Nanavati, Sinnott, Nuckols & Logan, P.C., Midlothian, VA, for appellees.

Before WILKINS, TRAXLER, and KING, Circuit Judges.

PER CURIAM.

Dan Oliver appeals the district court’s order denying relief on his 42 U.S.C.A. § 1983 (West Supp.2000) complaint. We have reviewed the record and the district court’s opinion and find no reversible error. Accordingly, we affirm substantially on the reasoning of the district court. *Oliver v. Fowlkes,*No. CA-99-1485-AM (E.D. Va. filed Nov. 28, 2000; entered Nov. 29, 2000). With regard to claims Oliver asserts the district court did not address, we find that those claims lack merit. We deny Oliver’s motions for a certificate of appealability, for appointment of counsel, for extraordinary relief, and for emergency relief. We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before the court and argument would not aid the decisional process.

*AFFIRMED.*
#### Louisville & Nashville R. Co. *v.*Commonwealth.

Criminal Law — Appeals.

Where an appeal is taken in a criminal case the record must be lodged with the clerk of the court of appeals within sixty days after the judgment is rendered, and where not filed within that time it will be dismissed on motion.

APPEAL PROM MARION CIRCUIT COURT.

January 16, 1875.

Rountree, *for appellant.*

*John*Rodman, *for appellee.*

Opinion by

Judge Peters :

This is an indictment for a misdemeanor. Appellant’s motion for a new trial was overruled on the 19th of August, 1874, and a final judgment rendered against it the same day, and an appeal granted to this court; but a copy of the record wlas not lodged with the clerk of this court till the 8th of December, 1874; and a motion is now made by the attorney-general to dismiss the appeal, because the record was not lodged with the clerk within the time prescribed by law.

Sec. 343, Criminal Code, provides that the appeal should be prayed during the term at which the judgment was rendered, and shall be granted upon the condition that the record is lodged in the clerk’s office of the court of appeals within sixty days after the judgment.

In *Commonwealth v. McCready,*2 Met. 376, this court held that this section of the code is imperative, whether the appeal is prayed by the commonwealth or the defendant; and in *Commonwealth*v. Adams, 16 B. Mon. 338, it is said that if the record be not lodged in, the clerk’s office of this court within sixty days after the judgment the appeal cannot be maintained. From the language of the section of the Criminal Code quoted, independent of the judicial construction, put upon it, this court has no discretion. The motion must be *sustained*and the appeal be dismissed.
#### UNITED STATES of America, Plaintiff-Appellee, v. Steven Douglas GREEN, Defendant-Appellant.

No. 99-56278.

D.C. No. CV-97-0790-B.

United States Court of Appeals, Ninth Circuit.

May 16, 2001.

Before O’SCANNLAIN, FERNANDEZ and RAWLINSON, Circuit Judges.

ORDER

The memorandum disposition which was filed October 26, 2000, is AMENDED by deleting the fifth sentence in the third paragraph, which states as follows:

> Hines did not participate in any of the negotiations with the defendants, did not search the hotel rooms and did not participate in the interviews of the arrestees.

With this amendment, the panel as constituted above has voted to deny Appellant’s petition for rehearing. The petition for rehearing is DENIED.