alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
[Federal Register Volume 74, Number 98 (Friday, May 22, 2009)]
[Notices]
[Page 24051]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-11980]


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

SMALL BUSINESS ADMINISTRATION

[Disaster Declaration <greek-i> 11750 and <greek-i> 11751]


West Virginia Disaster <greek-i> WV-00012

AGENCY: U.S. Small Business Administration.

ACTION: Notice.

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

SUMMARY: This is a Notice of the Presidential declaration of a major 
disaster for the State of West Virginia (FEMA-1838-DR), dated 05/15/
2009.
    Incident: Severe storms, flooding, mudslides, and landslides.
    Incident Period: 05/03/2009 and continuing.
    Effective Date: 05/15/2009.
    Physical Loan Application Deadline Date: 07/14/2009.
    Economic Injury (EIDL) Loan Application Deadline Date: 02/15/2010.

ADDRESSES: Submit completed loan applications to: U.S. Small Business 
Administration, Processing and Disbursement Center, 14925 Kingsport 
Road, Fort Worth, TX 76155.

FOR FURTHER INFORMATION CONTACT: A. Escobar, Office of Disaster 
Assistance, U.S. Small Business Administration, 409 3rd Street, SW., 
Suite 6050, Washington, DC 20416.

SUPPLEMENTARY INFORMATION: Notice is hereby given that as a result of 
the President's major disaster declaration on 05/15/2009, applications 
for disaster loans may be filed at the address listed above or other 
locally announced locations.
    The following areas have been determined to be adversely affected 
by the disaster:

Primary Counties (Physical Damage and Economic Injury Loans): Mingo, 
Wyoming.
Contiguous Counties (Economic Injury Loans Only):
    West Virginia: Boone, Lincoln, Logan, McDowell, Mercer, Raleigh, 
Wayne.
    Kentucky: Martin, Pike.
    Virginia: Buchanan.

    The Interest Rates are:

------------------------------------------------------------------------
                                                                Percent
------------------------------------------------------------------------
For Physical Damage:
Homeowners With Credit Available Elsewhere...................      4.875
Homeowners Without Credit Available Elsewhere................      2.437
Businesses With Credit Available Elsewhere...................      6.000
Other (Including Non-Profit Organizations) With Credit             4.500
 Available Elsewhere.........................................
Businesses and Non-Profit Organizations Without Credit             4.000
 Available Elsewhere.........................................
For Economic Injury:
Businesses & Small Agricultural Cooperatives Without Credit        4.000
 Available Elsewhere.........................................
------------------------------------------------------------------------

    The number assigned to this disaster for physical damage is 117506 
and for economic injury is 117510.

(Catalog of Federal Domestic Assistance Numbers 59002 and 59008)

Roger B. Garland,
Acting Associate Administrator for Disaster Assistance.
[FR Doc. E9-11980 Filed 5-21-09; 8:45 am]
BILLING CODE 8025-01-P
<TABLE> <S> <C>

<ARTICLE> 5
       
<S>                             <C>
<PERIOD-TYPE>                   9-MOS
<FISCAL-YEAR-END>                          MAR-31-1996
<PERIOD-END>                               DEC-31-1995
<CASH>                                          11,589
<SECURITIES>                                         0
<RECEIVABLES>                                  138,805
<ALLOWANCES>                                    53,779
<INVENTORY>                                          0
<CURRENT-ASSETS>                                99,109
<PP&E>                                         288,877
<DEPRECIATION>                                 207,641
<TOTAL-ASSETS>                                 191,872
<CURRENT-LIABILITIES>                          208,577
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                    710,000
<COMMON>                                        12,021
<OTHER-SE>                                     820,182
<TOTAL-LIABILITY-AND-EQUITY>                   191,872
<SALES>                                        591,392
<TOTAL-REVENUES>                               592,578
<CGS>                                          477,503
<TOTAL-COSTS>                                  672,392
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                               3,542
<INCOME-PRETAX>                               (83,356)
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                                  0
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<CHANGES>                                            0
<NET-INCOME>                                  (83,356)
<EPS-PRIMARY>                                      .00
<EPS-DILUTED>                                      .00
        

</TABLE>
#### UNITED STATES of America, Plaintiff-Appellee, v. Jose MOLINA-VASQUEZ, Defendant-Appellant.

No. 05-20732

Conference Calendar.

United States Court of Appeals, Fifth Circuit.

Oct. 25, 2006.

James Lee Turner, Assistant U.S. Attorney, U.S. Attorney’s Office, Southern Dis*611trict of Texas, Houston, TX, for Plaintiff-Appellee.

Larry Chris lies, Rockport, TX, for Defendant-Appellant.

Before JOLLY, DeMOSS, and STEWART, Circuit Judges.

PER CURIAM: *

The attorney appointed to represent Jose Molina-Vasquez has requested leave to withdraw and has filed a brief as required by *Anders v. California,*386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967). Molina-Vasquez has not filed a response. Our independent review of the record and counsel’s brief discloses no nonfrivolous issue for appeal. Counsel’s motion for leave to withdraw is GRANTED, counsel is excused from further responsibilities, and the APPEAL IS DISMISSED. *See*5th Cir. R. 42.2.

*

 Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.
Document headings vary by document type but may contain
                    the following: the agency or agencies that issued and signed a document
the number of the CFR title and the number of each part
                      the document amends, proposes to amend, or is directly
                      related to
the agency docket number / agency internal file number
the RIN which identifies each regulatory action listed in
                      the Unified Agenda of Federal Regulatory and Deregulatory
                      Actions See the
                    Document Drafting Handbook
                    for more details.
 Small Business Administration [Disaster Declaration # 11750 and # 11751]
 AGENCY: U.S. Small Business Administration.
 ACTION: Notice.
 SUMMARY: This is a Notice of the Presidential declaration of a major disaster for the State of West Virginia (FEMA-1838-DR), dated 05/15/2009. *Incident:*
                         Severe storms, flooding, mudslides, and landslides. *Incident Period:*
                         05/03/2009 and continuing. *Effective Date:*
                         05/15/2009. *Physical Loan Application Deadline Date:*
                         07/14/2009. *Economic Injury (EIDL) Loan Application Deadline Date:*
                         02/15/2010.
 ADDRESSES: Submit completed loan applications to: U.S. Small Business Administration, Processing and Disbursement Center, 14925 Kingsport Road, Fort Worth, TX 76155.
 FOR FURTHER INFORMATION CONTACT: A. Escobar, Office of Disaster Assistance, U.S. Small Business Administration, 409 3rd Street, SW., Suite 6050, Washington, DC 20416.


SUPPLEMENTARY INFORMATION: Notice is hereby given that as a result of the President's major disaster declaration on 05/15/2009, applications for disaster loans may be filed at the address listed above or other locally announced locations. The following areas have been determined to be adversely affected by the disaster: *Primary Counties (Physical Damage and Economic Injury Loans):*
                     Mingo, Wyoming. *Contiguous Counties (Economic Injury Loans Only):* West Virginia:  Boone, Lincoln, Logan, McDowell, Mercer, Raleigh, Wayne. Kentucky: Martin, Pike. Virginia: Buchanan. *The Interest Rates are:* Percent*For Physical Damage:*Homeowners With Credit Available Elsewhere
4.875Homeowners Without Credit Available Elsewhere
2.437Businesses With Credit Available Elsewhere
6.000Other (Including Non-Profit Organizations) With Credit Available Elsewhere
4.500Businesses and Non-Profit Organizations Without Credit Available Elsewhere
4.000*For Economic Injury:*Businesses & Small Agricultural Cooperatives Without Credit Available Elsewhere
4.000
 The number assigned to this disaster for physical damage is 117506 and for economic injury is 117510. (Catalog of Federal Domestic Assistance Numbers 59002 and 59008) Roger B. Garland, Acting Associate Administrator for Disaster Assistance.


[FR Doc. E9-11980 Filed 5-21-09; 8:45 am] BILLING CODE 8025-01-P
Exhibit 10.5

RAINING DATA CORPORATION        AMENDMENT TO STOCK OPTION AGREEMENT

This Amendment to that certain Stock Option Agreements, dated October 10, 2001 and April 26, 2002, by and between Raining Data Corporation (the
"Company") and Soheil Raissi (the "Grantee"), is entered into this 21st day of June 2002. Unless otherwise defined herein, all capitalized terms shall have the same meanings as set forth in the
Amended 1999 Stock Option Plan, as amended from time to time (the "Plan") and the Stock Option Agreement (the "Option Agreement").

RECITALS

WHEREAS, the Grantee was granted Options by the Company on October 10, 2002 and April 26, 2002
pursuant to the Plan, attached hereto asExhibit A, and subject to terms and conditions of the Option Agreement, attached hereto as Exhibit B.

WHEREAS, the Company and the Grantee desire to amend the Option Agreements to provide for acceleration of vesting upon the occurrence of
certain events following a Corporate Transaction.

NOW, THEREFORE, in consideration of the foregoing, the parties agree as follows:

1.    The
section entitled "Vesting Schedule" under the Notice of Stock Option Grant shall be amended to read in its entirety as follows:

"Vesting Schedule:

Subject
to the Continuous Service of Grantee and other limitations set forth in the Plan and the Option Agreement, the Option may be exercised, in whole or in part, in accordance with
the following schedule:



---



2.    Section 2
("Certain Definitions") shall be amended to add the following definitions:



3.    Section 7
("Termination on Corporate Transaction; Assumption") shall be amended to read in its entirety as follows:



2

---



4.    Except
as specified in this Amendment, all terms and conditions of the Plan and Option Agreement shall continue in full force and effect.

5.    This
Amendment may be executed in any number of counterparts, each of which shall be an original, but all of which together shall constitute one instrument.

[Remainder
of the Page Intentionally Left Blank]

3

---

IN
WITNESS WHEREOF, this Amendment has been entered into as of the date first set forth above.

|RAINING DATA CORPORATION               |  | GRANTEE                   
|-------------------------------------- |  | --------------------------
|/s/ BRIAN C. BEZDEKBy: Brian C. Bezdek |  | /s/ SOHEIL RAISSISignature
|Vice President, FinanceTitle:          |  | Soheil RaissiPrinted Name 

4

---

QuickLinks
**Exhibit 32.1**

 

**CERTIFICATIONOF CHIEF EXECUTIVE OFFICER AND CHIEF FINANCIAL OFFICER**

**PURSUANTTO**

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

**ASADOPTED PURSUANT TO**

**SECTION 906OF THE SARBANES-OXLEY ACT OF 2002**

 

I, Carlton H. Baab, certify, pursuant to 18U.S.C. Section 1350, as adopted pursuant to Section 906 of theSarbanes-Oxley Act of 2002, that the Quarterly Report of Raining DataCorporation on Form 10-QSB for the quarterly period ended September 30,2005 fully complies with the requirements of Section 13(a) or 15(d) ofthe Securities Exchange Act of 1934 and that information contained in such Form 10-QSBfairly presents in all material respects the financial condition and results ofoperations of Raining Data Corporation.

 

 
|   | By:    | /s/ Carlton H. Baab                   |   |
|--------|--------|---------------------------------------|--------|
|   | Name:  | Carlton H. Baab                       |
|   | Title: | President and Chief Executive Officer |

 

 

I, Brian C. Bezdek, certify, pursuant to 18U.S.C. Section 1350, as adopted pursuant to Section 906 of theSarbanes-Oxley Act of 2002, that the Quarterly Report of Raining DataCorporation on Form 10-QSB for the quarterly period ended September 30,2005 fully complies with the requirements of Section 13(a) or 15(d) ofthe Securities Exchange Act of 1934 and that information contained in such Form 10-QSBfairly presents in all material respects the financial condition and results ofoperations of Raining Data Corporation.

 

 
|   | By:    | /s/ Brian C. Bezdek     |   |
|--------|--------|-------------------------|--------|
|   | Name:  | Brian C. Bezdek         |
|   | Title: | Chief Financial Officer |

 

----
#### Kelly Anne Breen-Burns, Appellant, v Scarsdale Woods Homeowners’ Association Inc. et al., Respondents.

Submitted July 12, 2010;

decided September 21, 2010

Motion for leave to appeal dismissed upon the ground that the order sought to be appealed from does not finally determine the action within the meaning of the Constitution *(see Cuadrado v New York City Tr. Auth.,*14 NY3d 748 [2010]).
<PAGE>   1



                                                                    EXHIBIT 99.2




                         CONSENT OF W. FRANCIS BRENNAN

I, W. Francis Brennan, hereby agree to serve as a director of PennCorp
Financial Group, Inc., a Delaware Corporation ("PennCorp"), following the
merger (the "Merger") of Washington National Corporation, a Delaware
corporation, with and into PennCorp and consent to the use of my name in
Amendment No. 1 to PennCorp's Annual Report on Form 10-K/A, and in any further
amendments thereto or other filings with the Securities and Exchange
Commission, as the same appears therein under the caption "CLASS III DIRECTOR
APPOINTEES" with respect to my becoming a director of PennCorp following the
Merger.


                                            /s/ W. Francis Brennan 
                                            --------------------------
                                            W. Francis Brennan 

                                            Date:  April 30, 1997
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 Quarterly Report of BSD Medical Corporation (the “Company”)
on Form 10-Q for the quarterly period ended February 28, 2009, as filed with the
Securities and Exchange Commission on the date hereof (the “Report”), I, Harold
R. Wolcott, President (Principal Executive Officer) of 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:
  (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 result of operations of the Company.
  
 /s/
      Harold R. WolcottHarold
      R. WolcottPresident
      (Principal Executive Officer)April
      9, 2009
UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 17-6113

UNITED STATES OF AMERICA,

Plaintiff - Appellee,

v.

ERIC JOHNSON,

Defendant - Appellant.

Appeal from the United States District Court for the District of Maryland, at Baltimore. 

Catherine C. Blake, Chief District Judge. (1:10-cr-00716-CCB-1; 1:15-cv-01605-CCB)

Submitted: May 23, 2017 Decided: May 26, 2017

Before KING, AGEE, and WYNN, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Eric Johnson, Appellant Pro Se. Debra Lynn Dwyer, Assistant United States Attorney, 

Christina Ann Hoffman, OFFICE OF THE UNITED STATES ATTORNEY, Baltimore, 

Maryland, for Appellee.

Unpublished opinions are not binding precedent in this circuit.
2

PER CURIAM:

Eric Johnson seeks to appeal the district court’s order denying relief on his 28 

U.S.C. § 2255 (2012) motion. We dismiss the appeal for lack of jurisdiction because the 

notice of appeal was not timely filed. 

When the United States or its officer or agency is a party, the notice of appeal 

must be filed no more than 60 days after the entry of the district court’s final judgment or 

order, Fed. R. App. P. 4(a)(1)(B), unless the district court extends the appeal period under 

Fed. R. App. P. 4(a)(5), or reopens the appeal period under Fed. R. App. P. 4(a)(6). 

“[T]he timely filing of a notice of appeal in a civil case is a jurisdictional requirement.” 

Bowles v. Russell, 551 U.S. 205, 214 (2007).

The district court’s order was entered on the docket on May 5, 2016. The notice 

of appeal was filed on December 20, 2016.

*

 Because Johnson failed to file a timely 

notice of appeal, or to obtain an extension or reopening of the appeal period, we dismiss 

the appeal. We dispense with oral argument because the facts and legal contentions are 

adequately presented in the materials before this court and argument would not aid the 

decisional process.

DISMISSED

 * For the purpose of this appeal, we assume that the date appearing on the notice of 

appeal is the earliest date it could have been properly delivered to prison officials for 

mailing to the court. Fed. R. App. P. 4(c); Houston v. Lack, 487 U.S. 266 (1988).
**Exhibit 31.2**

**CERTIFICATIONS**

I, Michele Nakazawa, Chief Financial Officer of Telos Corporation, certify that:

1. I have reviewed this quarterly report on Form 10-Q of Telos Corporation; 

2. Based on my knowledge, this report does not contain any untrue statement of a material fact or omit to state a material fact necessary to makethe statements made, in light of the circumstances under which such statements were made, not misleading with respect to the period covered by this report; 

3. Based on my knowledge, the financial statements, and other financial information included in this report, fairly present in all material respects the financial condition, results of operations and cash flowsof the registrant as of, and for, the periods presented in this report; 

4. The registrant’s other certifying officer and I areresponsible for establishing and maintaining disclosure controls and procedures (as defined in Exchange Act Rules 13a-15(e) and 15d-15(e)) for the registrant and have: 

a) Designed such disclosure controls and procedures, or caused such disclosure controls and procedures to be designed under oursupervision, to ensure that material information relating to the registrant, including its consolidated subsidiaries, is made known to us by others within those entities, particularly during the period in which this report is being prepared;

b) Evaluated the effectiveness of the registrant’s disclosure controls and procedures and presented in thisreport our conclusions about the effectiveness of the disclosure controls and procedures, as of the end of the period covered by this report based on such evaluation; and 

c) Disclosed in this report any change in the registrant’s internal control over financial reporting that occurred during theregistrant’s most recent fiscal quarter that has materially affected, or is reasonably likely to materially affect, the registrant’s internal control over financial reporting; and 

5. The registrant’s other certifying officer and I have disclosed, based on our most recent evaluation of internal control over financialreporting, to the registrant’s auditors and the audit committee of registrant’s board of directors: 

a) Allsignificant deficiencies and material weaknesses in the design or operation of internal control over financial reporting which are reasonably likely to adversely affect the registrant’s ability to record, process, summarize and report financialinformation; and 

b) Any fraud, whether or not material, that involves management or other employees who have asignificant role in the registrant’s internal control over financial reporting. 

Date: November 20, 2006
#### Montefiore Medical Center, Respondent, v Touchstone Health Partnership, Inc., Appellant.

[962 NYS2d 904]

Order, Supreme Court, Bronx County (Alexander W Hunter, Jr., J.), entered on or about August 2, 2012, which denied defendant’s motion to dismiss the second cause of action, unanimously affirmed, without costs.

On this motion to dismiss, the complaint is to be “afforded a liberal construction” and “the facts as alleged in the complaint [are accepted] as true” *(Leon v Martinez,*84 NY2d 83, 87 [1994]). The written agreement, which undisputedly awaited a more complete one, was performed for several years and did not utterly refute the allegations of the complaint *(see e.g. Four Seasons Hotels v Vinnik,*127 AD2d 310, 317 [1st Dept 1987]).

Concur—Andrias, J.E, Acosta, Freedman, Richter and Gische, JJ.
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 Telos Corporation (the "Company") on Form 10-Q for the period ending June 30, 2011 as filed with the Securities and Exchange Commission on the date hereof (the "Report"), we, John B. Wood and Michele Nakazawa, certify, pursuant to 18 U.S.C. § 1350, as adopted pursuant to § 906 of the Sarbanes-Oxley Act of 2002, 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:   August 15, 2011/s/ John B. WoodJohn B. WoodChief Executive Officer




Date:   August 15, 2011/s/ Michele NakazawaMichele NakazawaChief Financial Officer