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



The undersigned, Brian J. Martin,
President (chief executive officer) of the managing owner, Prudential Securities Futures Management Inc. (the Managing Owner), of World Monitor Trust IISeries F (Series F), hereby certifies, pursuant to 18 U.S.C. 1350,
as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that:



| | (1) | Series Fs Annual Report on Form 10-K for the period ending December 31, 2003, as filed with the Securities and Exchange Commission on the date hereof (the Annual 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 Series F. | 
| | --- | -------------------------------------------------------------------------------------------------------------------------------------------------------- | 



|                                                                                                  |  | 
|------------------------------------------------------------------------------------------------- |  | 
|/s/ Brian J. Martin                                                                               |  | 
|                                                                                                  |  | 
|Brian J. Martin President (chief
executive officer)of the Managing Owner  Date:    March 30, 2004 |  |
#### Moore & Mason *v.*Isaac Sparks.

Highway — Dedication—Acceptance by the Public.

A dedication to the public of a highway is not complete until there is an acceptance by the public. A public highway may be established covering a strip of land tendered by the owner for a public passway,, without a formal acceptance.

Acceptance by the Public.

After the continued and uninterrupted use of a passway by the public for a period of time, sufficient to perfect a title by prescription, coupled with the fact that the local public has at all times exercised the right to keep the passway in repair, an acceptance may be presumed.

APPEAL FROM JESSAMINE CIRCUIT COURT.

March 31, 1875.

Opinion by

Jodge Lindsay :

A dedication to the public does not become complete and perfect until there is an acceptance by the public. The appointment by the county court of overseers for an open passway, the exercise of control over such passway, or the direct regulation of it as a public road, in any way, will amount to an acceptance; and an indictment will not lie against an individual for obstructing a passway, until the public authorities assume the duty of keeping it in repair. *Gedge, et al., v. Commonwealth,*9 Bush 61. But it does not follow that the public may not acquire title to a strip of land, tendered by the owner for a public passway, without a formal acceptance, and without assuming the absolute duty of keeping it in repair. The New England cases throw but little light upon this subject. The New England townships-are generally liable to civil suits for damages arising- from their failure to keep their public roads in repair; and this fact furnishes a satisfactory reason why private individuals shall not have the power, without their express consent, to impose upon them the duty of keeping in repair a new and undesirable highway. It seems to be the law-*409in England that the formal acceptance by the public authorities is not necessary, and that the general use by the public for a great length of time is equivalent to an acceptance. 30 Eng. L. & Eq. 207; 1 Man. & G. 392.

*J. B. Hunston, J. S. Bronaugh, for appellants.*

*B. T.*Buckner, *for appellee.*

We see no good reason why, under our law,s, after a continued and uninterrupted use by the public for a period of time, sufficient to perfect a title by prescription, coupled with the fact that the local public has at all times exercised the right to keep the passway in repair, an acceptance may not be presumed. We do not, however, regard it as indispensable to decide the question upon this appeal. According to appellee’s testimony, the passway under consideration was a public one, or else the public used it under a license from the owners of the soil. The record does not show that appellee claimed openly, any interest in the strips of land, or exercised over it any act of ownership, different in character from that claimed and exercised by such other persons living in the neighborhood as found it convenient or necessary to use the passway.

We are unable to determine that the closing of the road deprives appellee of the exercise of any of his private and individual rights.

Petition *overruled.*
**UNITED STATES**

**SECURITIES AND EXCHANGE COMMISSION**

**Washington, D.C. 20549**

 

**FORM l0-Q**

 

|   | (Mark One) |
|--------|------------|

| x | **QUARTERLY REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934** |
|---|---------------------------------------------------------------------------------------------|

 

**For the Quarterly Period Ended September 30, 2006**

 

**OR**

 

| o | **TRANSITION REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934** |
|---|----------------------------------------------------------------------------------------------|

 

**For the transition period from ________ to __________**

 

Commission file number 000-17248

 

**OWENS MORTGAGE INVESTMENT FUND,**

**a California Limited Partnership**

(Exact Name of Registrant as Specified In Its Charter)

 

 

| California                               |   | 68-0023931                           |
|------------------------------------------|--------|--------------------------------------|
| (State or other jurisdiction             |   | (I.R.S. Employer Identification No.) |
| of incorporation or organization)        |   |                                 |
|                                     |   |                                 |
| 2221 Olympic Boulevard                   |   |                                 |
| Walnut Creek, California                 |   | 94595                                |
| (Address of principal executive offices) |   | (Zip Code)                           |
|                                     |   |                                 |
| (925) 935-3840                           |   |                                 |
| Registrant’s telephone number,      |   |                                 |
| including area code                      |   |                                 |

 

**NOT APPLICABLE**

(Former name, former address and former fiscal year, if changed since last report)

 

Indicate by check mark whether the registrant (1) has filed all reports required to be filed by Section 13 or 15(d) of the Securities Exchange Act of 1934 during the preceding 12 months (or for such shorter period that the registrant was required to file such reports), and (2) has been subject to such filing requirements for the past 90 days. Yes x  No o

 

Indicate by check mark whether the registrant is a large accelerated filer, an accelerated filer, or a non-accelerated filer. See definition of “accelerated filer and large accelerated filer” in Rule 12b-2 of the Exchange Act. (Check one):

 

| Large accelerated filer o | Accelerated filer o | Non-accelerated filer x |
|---------------------------|---------------------|-------------------------|

 

|   | Indicate by check mark whether the registrant is a shell company (as defined in Rule 12b-2 of the Act). |
|--------|---------------------------------------------------------------------------------------------------------|

| Yes [   | ] No x |
|-------------------|--------|

 

----
Exhibit 32.2

CERTIFICATION PURSUANT TO

SECTION 1350, CHAPTER 63 OF TITLE 18, UNITED STATES
CODE,

AS ADOPTED PURSUANT TO

SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

Pursuant to Section 1350, Chapter 63 of Title
18, United States Code, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, the undersigned, as Chief Financial Officer and Principal Accounting Officer of BTU International, Inc. (the Company), does hereby certify
that to his knowledge:



| | 1. | the Companys Quarterly Report on Form 10-Q for the quarterly period ended October 3, 2010 (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 for the periods
covered by the Report.
| | -- | ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------



/s/ Peter J. TallianPeter J. TallianChief Financial Officer and Principal Accounting Officer (principal financial and accounting officer)


Dated: : November 4, 2010
IN THE UNITED STATES DISTRICT COURT

FOR THE SOUTHERN DISTRICT OF ALABAMA

SOUTHERN DIVISION

SUELLEN SHAW, )

)

Plaintiff, )

)

vs. ) CIVIL ACTION NO. 14-0111-CG-B

)

MOBILE COUNTY PUBLIC SCHOOL 

SYSTEM, et al.,

)

)

)

Defendants. )

ORDER

After due and proper consideration of all portions of this file deemed relevant to 

the issue raised, and there having been no objections filed, the Report and 

Recommendation of the Magistrate Judge made under 28 U.S.C. § 636(b)(1)(B) is 

ADOPTED as the opinion of this Court. It is ORDERED that Defendants’ motions 

(Docs. 7, 8) are GRANTED, and that Plaintiff’s claims against Superintendent Peek and 

School Board Commissioners Harwell, Crenshaw, Foster, Stringfellow, and Roberson be

and is hereby DISMISSED.

DONE and ORDERED this 2nd day of June, 2014.

/s/ Callie V. S. Granade 

UNITED STATES DISTRICT JUDGE

Case 1:14-cv-00111-CG-B Document 17 Filed 06/02/14 Page 1 of 1
#### BRENNAN v. HAWLEY PRODUCTS CO.

No. 47 C 821.

United States District Court N. D. Illinois, E. D.

March 30, 1951.

*370Edwin S. Booth, Chicago, Ill. for plaintiff.

Spencer, Johnston, Cook & Root, Chicago, Ill., for defendant.

CAMPBELL, District Judge.

This matter is now before the Court on defendant’s motion for the allowance of reasonable attorneys’ fees. This is a patent case wherein plaintiff charged defendant with infringement. The cause was originally assigned to my calendar, but later assigned to Judge Shaw, who heard evidence on the single issue of laches, reserving other issues pending disposition of that issue. Judge Shaw found the issue of laches in defendant’s favor. At that time, defendant requested allowance of attorneys’ fees in the sum of $7,720, but was allowed only $1,000, which amount has been paid by plaintiff.

Judge Shaw’s decision was affirmed by the Court of Appeals of this Circuit on June 7, 1950, 7 Cir., 182 F.2d 945, and certiorari was subsequently denied by the United States Supreme Court, 340 U.S. 865, 71 S.Ct. 89. Defendant now seeks allowance of fees incurred for services rendered in the Court of Appeals and the Supreme Court, $3,700 and $820 respectively.

The Court derives its authority to allow attorneys’ fees in patent cases from 35 U.S.C.A. § 70, which provides in part: “ * * * The court may in its discretion award reasonable attorney’s fees to the prevailing party upon the entry of judgment on any patent case.” Admittedly, fees should not be allowed as a matter of course in the ordinary patent case, but should be reserved for the situation where one party has been guilty of some inequitable or unconscionable conduct. In the instant case, the Court of Appeals stated at page 948 of 182 F.2d:

> “In the case at bar the record shows not only a long delay on the part of the plaintiff in instituting litigation on his claims of infringement, but also such a change in the condition of the defendant that it would be inequitable to allow plaintiff to enforce his claim for infringement. Not only has the defendant expended large sums of money in the extension of its manufacturing facilities, but two of its most important witnesses have passed away.

> “The plaintiff offers no legally adequate excuse for his inaction. * * * ”

In view of the foregoing, it would appear that the Court of Appeals was of the opinion that plaintiff’s activities constituted inequitable conduct. Therefore, fees properly should be allowed in this case.

It should be noted that recovery of fees is not limited to proceedings before the trial court, but may be awarded for services performed upon appeal. See Blanc v. Spartan Tool Co., 7 Cir., 178 F.2d 104; Jerome v. 20th Century-Fox Film Corp., 2 Cir., 165 F.2d 784; and Falkenberg v. Bernard Edward Co., 85 U.S.P.Q. 127. The Court is of the opinion, however, that the reasonable value of the legal services rendered upon appeal of the cause is $2,500 in the United States Court of Appeals for the Seventh Circuit and $500 in the United States Supreme Court.

Defendant’s motion for the allowance of reasonable attorneys’ fees is granted, and defendant is hereby awarded same in the sum of $3,000.
<TABLE> <S> <C>



                             <ARTICLE>         5
                             <MULTIPLIER>      1
                             <CURRENCY>      U.S.


<S>                                          <C>
<PERIOD-TYPE>                             3-MOS
<FISCAL-YEAR-END>                         JUN-30-2001
<PERIOD-START>                            SEP-30-2000
<PERIOD-END>                              DEC-30-2000
<EXCHANGE-RATE>                                     1
<CASH>                                         98,412
<SECURITIES>                                        0
<RECEIVABLES>                                 774,929
<ALLOWANCES>                                  (5,538)
<INVENTORY>                                   474,372
<CURRENT-ASSETS>                            1,398,719
<PP&E>                                      1,773,896
<DEPRECIATION>                            (1,303,668)
<TOTAL-ASSETS>                              2,284,710
<CURRENT-LIABILITIES>                       1,084,365
<BONDS>                                             0
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<OTHER-SE>                                (1,028,195)
<TOTAL-LIABILITY-AND-EQUITY>                2,284,710
<SALES>                                     1,370,163
<TOTAL-REVENUES>                            1,370,163
<CGS>                                         922,742
<TOTAL-COSTS>                               1,292,830
<OTHER-EXPENSES>                               33,924
<LOSS-PROVISION>                                    0
<INTEREST-EXPENSE>                              2,356
<INCOME-PRETAX>                                41,053
<INCOME-TAX>                                        0
<INCOME-CONTINUING>                            41,053
<DISCONTINUED>                                      0
<EXTRAORDINARY>                                     0
<CHANGES>                                           0
<NET-INCOME>                                   41,053
<EPS-BASIC>                                    (0.01)
<EPS-DILUTED>                                    0.01




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

<ARTICLE> 5
       
<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                          DEC-31-1998
<PERIOD-END>                               MAR-31-1998
<CASH>                                       1,465,007
<SECURITIES>                                 1,054,755
<RECEIVABLES>                                   93,399
<ALLOWANCES>                                  (74,092)
<INVENTORY>                                          0
<CURRENT-ASSETS>                             2,539,068
<PP&E>                                       7,802,609
<DEPRECIATION>                               (636,794)
<TOTAL-ASSETS>                               9,761,596
<CURRENT-LIABILITIES>                           77,093
<BONDS>                                         77,086
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                    11,672,519
<OTHER-SE>                                           0
<TOTAL-LIABILITY-AND-EQUITY>                 9,761,596
<SALES>                                         34,689
<TOTAL-REVENUES>                                69,283
<CGS>                                           34,172
<TOTAL-COSTS>                                   34,172
<OTHER-EXPENSES>                               393,415
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                   0
<INCOME-PRETAX>                              (358,304)
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                                  0
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                 (358,304)
<EPS-PRIMARY>                                    (.23)
<EPS-DILUTED>                                    (.23)
        

</TABLE>
EXHIBIT 32

                            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 First Litchfield Financial
Corporation (the "Company") on Form 10-QSB for the period ending September 30,
2003 as filed with the Securities and Exchange Commission on the date hereof
(the "Report"), we, Joseph J. Greco, President and Chief Executive Officer of
the Company, and Carroll A. Pereira, Principal Financial 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/ Joseph J. Greco                                 /s/ Carroll A. Pereira
-------------------                                 ----------------------
Joseph J. Greco                                     Carroll A. Pereira
President and Chief Executive Officer               Principal Financial Officer
November 13, 2003                                   November 13, 2003

The foregoing certificate is furnished solely for purposes of complying with
Section 906 of the Sarbanes-Oxley Act of 2002 and for no other purpose
whatsoever. Notwithstanding anything to the contrary set forth herein or in any
of the Company's previous filings under the Securities Act of 1933, as amended,
or the Securities Exchange Act of 1934, as amended, that might incorporate the
Company's future filings, including this Report on Form 10-QSB, in whole or in
part, this Certificate shall not be incorporated by reference into any such
filings.


                                       36
ex10-41.htm


Exhibit 10.41


 


THIRD AMENDMENT


TO THE


BIOSIG TECHNOLOGIES, INC. 2012 EQUITY INCENTIVE PLAN












This THIRD AMENDMENT TO THE BIOSIG TECHNOLOGIES, INC. 2012 EQUITY INCENTIVE PLAN (this “Amendment”), effective as of May 5, 2015, is made and entered into by BioSig Technologies, Inc., a Delaware corporation (the “Company”). Terms used in this Amendment with initial capital letters that are not otherwise defined herein shall the meanings ascribed to such terms in the BioSig Technologies, Inc. 2012 Equity Incentive Plan (the “Plan”).







RECITALS







WHEREAS, Section 18 of the Plan provides that the Board of Directors of the Company (the “Board”) may amend the Plan at any time; and







WHEREAS, the Board desires to amend the Plan, to increase the number of shares of Common Stock that may be delivered pursuant to Awards under the Plan by an additional two million eight hundred eighty thousand (2,880,000) shares.







NOW, THEREFORE, in accordance with Section 18 of the Plan, the Company hereby amends the Plan as follows:







1.           Section 3(a) of the Plan is hereby amended by deleting said section in its entirety and substituting in lieu thereof the following new Section 3(a):







(a) Stock Subject to the Plan.  Subject to the provisions of Section 13 of the Plan, the maximum aggregate number of Shares that may be subject to Awards and sold under the Plan is 10,186,123 Shares, plus (i) any Shares that, as of the date of stockholder approval of this Plan, have been reserved but not issued pursuant to any awards granted under the BioSig Technologies, Inc. 2011 Long-Term Incentive Plan (the “2011 Plan”) and are not subject to any awards granted thereunder, and (ii) any Shares subject to stock options or similar awards granted under the 2011 Plan that expire or otherwise terminate without having been exercised in full and Shares issued pursuant to awards granted under the 2011 Plan that are forfeited to or repurchased by the Company, with the maximum number of Shares to be added to the Plan pursuant to clauses (i) and (ii) equal to 1,500,000 Shares. The Shares may be authorized but unissued, or reacquired Common Stock.


 


2.            Except as expressly amended by this Amendment, the Plan shall continue in full force and effect in accordance with the provisions thereof.







* * * * * * * *







[Remainder of Page Intentionally Left Blank


Signature Page Follows.]


 




  





  











  






 


IN WITNESS WHEREOF, the Company has caused this Amendment to be duly executed as of the date first written above.







BIOSIG TECHNOLOGIES, INC.

















By:          /s/ Kenneth L. Londoner             


Name:     Kenneth L. Londoner 


Title:       Chairman of the Board of Directors