alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
**[Capmark Logo]**Annual Statement as to Compliance For the Year Ended December 31, 2007 Title Morgan Stanley Capital I Inc. Series 2007-IQ13 Pursuant to Section 5.10 (c) of the Subservicing Agreement governing the referenced transaction, I hereby attest that: **i.******A review of the activities of Capmark Finance Inc. as Subservicer during the period, and of its performance under this Pooling and Servicing Agreement, has been made under my supervision. **ii.******To the best of my knowledge, based on such review, Capmark Finance Inc. as Subservicer, has fulfilled in all material respects its obligations under this  Pooling and Servicing Agreement throughout  the period. Capmark Finance Inc. /s/ Mark E. McCool By: Mark E, McCool Title: Managing Director Date: February 20, 2008 inv 759 lib A
No. 909.

#### Adams *v.*State of Washington.

March 2, 1942.

*Thomas J. Adams, pro se.*

Petition for writ of certiorari to the Supreme Court of the State of Washington, and motion for leave to proceed further *in forma pauperis,*denied.
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EXHIBIT 21    Subsidiaries of the Company

Name of Subsidiary

Jurisdiction of IncorporationHaggar Clothing Co.

NevadaHaggar Canada, Inc.

NevadaHaggar Canada Co.

CanadaHaggar Direct, Inc.

NevadaJerell Clothing Management, Inc.

TexasJerell, Ltd.

Texas Limited PartnershipSan Gabriel Enterprises, Inc.

TexasMultiples USA, Inc.

TexasHaggar Apparel Limited

EnglandDallas Pant Manufacturing Co.

NevadaMcKinney Pant Manufacturing Co.

NevadaWaxahachie Garment Co.

NevadaLa Romana Maufacturing Corp.

NevadaBowie Manufacturing Co.

NevadaWeslaco Cutting, Inc.

NevadaWeslaco Sewing, Inc.

NevadaOlney Manufacturing Co.

NevadaDuncan Manufacturing Co.

OklahomaHaggar Japan Co., Ltd.

JapanHaggar Services, Inc.

TexasEdinburg Direct Garment Co., Inc.

TexasCorsicana Co.

NevadaHaggar Mex Manufacturing, S.A.

MexicoGreenville Pant Manufacturing Co.

NevadaWeslaco Direct Cutting Company, Inc.

TexasHaggar.com, Inc.

Texas


---

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<PAGE>   1


                                                                    EXHIBIT 23.1


                         Consent of Independent Auditors

We consent to the incorporation by reference in the Registration Statements on
Form S-8 (No. 333-07135 and No. 333-28991) pertaining to the Employee Stock
Purchase Plan, the 1996 Stock Option Plan and the 401(k) Salary Reduction Plan
and Trust of Ribozyme Pharmaceuticals, Inc., of our report dated February 13,
1998 with respect to the financial statements of Ribozyme Pharmaceuticals, Inc.
included in the Annual Report (Form 10-KSB) for the year ended December 31,
1997.



                                                  /s/ ERNST & YOUNG LLP

Denver, Colorado
March 30, 1998
Exhibit 3.2
                           NAPRO BIOTHERAPEUTICS, INC.

                      AMENDMENT TO THE AMENDED AND RESTATED

                          CERTIFICATE OF INCORPORATION


         Sterling K. Ainsworth and Patricia A. Pilia, being the duly elected
President and Secretary, respectively, of NaPro BioTherapeutics, Inc. (the
"Corporation"), a corporation organized and existing under and by virtue of the
Delaware General Corporation Law, do hereby certify as follows:

         1. That the Board of Directors of the Corporation, in accordance with
Section 242 of the Delaware General Corporation Law, adopted resolutions as of
February 15, 1998, providing for the adoption of such amendment to the
Corporation's Amended and Restated Certificate of Incorporation. The resolution
further directed that the Amendment to the Corporation's Amended and Restated
Certificate of Incorporation be submitted to the stockholders of the corporation
for their consideration and approval.

         2. That, in accordance with Section 242 of the Delaware General
Corporation Law, the holders of a majority of the outstanding stock of the
Corporation adopted a resolution providing for the adoption and ratification of
the Amendment. Such resolution was adopted at the Annual Shareholder's meeting
held on May 28, 1998, by a vote of 90.78% of the outstanding voting stock of the
Corporation.

         3. That the Corporation was originally incorporated in the State of
Delaware on September 8, 1993, under the name of NB Merger SubCorp.

         IN WITNESS WHEREOF, NaPro BioTherapeutics, Inc. has caused these
Amendments to the Amended and Restated Certificate of Incorporation to be
executed by Sterling K. Ainsworth, its President, and Patricia A. Pilia, its
Secretary, as of this 21st day of September, 1998.

                                  NAPRO BIOTHERAPEUTICS, INC.


                                  By:    /s/ Sterling K. Ainsworth
                                         --------------------------------     
                                         Sterling K. Ainsworth, President


ATTEST:


By:   /s/ Patricia A. Pilia 
      --------------------------------                    
         Patricia A. Pilia, Secretary



<PAGE>


                      AMENDMENT TO THE AMENDED AND RESTATED
                          CERTIFICATE OF INCORPORATION
                                       OF

                           NAPRO BIOTHERAPEUTICS, INC.


                                  ARTICLE FOUR

         I.       AUTHORIZED SHARES

                  The Corporation shall have authority to issue 33,000,000
shares of capital stock, 30,000,000 of which shall be Common Stock, with a par
value of $.0075 per share, 1,000,000 of which shall be Nonvoting Common Stock,
with a par value of $.0075 per share, and 2,000,000 of which shall be Preferred
Stock with a par value of $.001 per share.
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IN THE

TENTH COURT OF APPEALS

No. 10-19-00334-CR

ANASTACIO MARTINEZ,

Appellant

v.

THE STATE OF TEXAS,

Appellee

From the 21st District Court

Burleson County, Texas

Trial Court No. 15,623

MEMORANDUM OPINION

Anastacio Martinez appealed his conviction for Driving While Intoxicated. He has 

now filed a motion to dismiss his appeal. The motion is signed by both Martinez and his 

attorney.

Accordingly, the motion is granted, and this appeal is dismissed. See TEX. R. APP.

P. 42.2(a).

TOM GRAY

Chief Justice
Martinez v. State Page 2

Before Chief Justice Gray,

Justice Davis, and

Justice Neill

Appeal dismissed 

Opinion delivered and filed October 9, 2019

Do not publish 

[CR25]
#### UNITED STATES of America, Plaintiff-Appellee v. John ARREDONDO, Defendant-Appellant.

No. 07-11196

Conference Calendar.

United States Court of Appeals, Fifth Circuit.

April 30, 2009.

Kim L. McCabe, U.S. Attorney’s Office Northern District of Texas, Dallas, TX, for Plaintiff-Appellee.

James Patrick Whalen, Plano, TX, for Defendant-Appellant.

Before JONES, Chief Judge, and JOLLY and ELROD, Circuit Judges.

PER CURIAM: *

The attorney appointed to represent John Arredondo has moved for leave to withdraw and has filed a brief in accordance with *Anders v. California,*386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967). Arredondo has filed a response. Our independent review of the record, counsel’s brief, and Arredondo’s response discloses no nonfrivolous issue for appeal. Accordingly, counsel’s motion for leave to withdraw is GRANTED, counsel is excused from further responsibilities herein, and *344the 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.
<TABLE> <S> <C>

<ARTICLE> 5
       
<S>                             <C>
<PERIOD-TYPE>                   9-MOS
<FISCAL-YEAR-END>                          DEC-31-1996
<PERIOD-END>                               SEP-30-1996
<CASH>                                          60,534
<SECURITIES>                                         0
<RECEIVABLES>                                7,918,798
<ALLOWANCES>                                         0
<INVENTORY>                                          0
<CURRENT-ASSETS>                             8,117,850
<PP&E>                                         851,396
<DEPRECIATION>                                 511,391
<TOTAL-ASSETS>                              14,605,052
<CURRENT-LIABILITIES>                       10,566,432
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                  2,675,000
<COMMON>                                    23,488,911
<OTHER-SE>                                   1,396,448
<TOTAL-LIABILITY-AND-EQUITY>                14,506,052
<SALES>                                              0
<TOTAL-REVENUES>                               898,928
<CGS>                                                0
<TOTAL-COSTS>                                1,408,558
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                   0
<INCOME-PRETAX>                                      0
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                          (509,630)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                 97,371
<CHANGES>                                            0
<NET-INCOME>                                 (412,259)
<EPS-PRIMARY>                                    (.09)
<EPS-DILUTED>                                    (.09)
        

</TABLE>
Exhibit 31.1–Certification





I, Gregory Thomas Royal, certify that:





1.           I have reviewed this quarterly Form 10-Q of Cistera Networks, Inc.;





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





3.           Based on my knowledge, the financial statements, and other financial information included or incorporated by reference in this disclosure statement, fairly present in all material respects the financial condition, results of operations and cash flows of the issuer as of, and for, the periods presented in this disclosure statement.


CISTERA NETWORKS, INC.Date: November 5th, 2010
/s/    Gregory T. RoyalGregory T. RoyalChief Executive Officer and interimChief Financial Officer(Principal Executive, Financial andAccounting Officer)
<PAGE>

Exhibit 10.5

                               Amendment Number 2

         WHEREAS, Hanover Direct, Inc. (the "Company") maintains the Hanover
Direct, Inc. Key Executive Twelve Month Compensation Continuation Plan (the
"Plan"); and

         WHEREAS, pursuant to Section 9 of the Plan, the Company's Board of
Directors (the "Board") has the right at any time to amend the Plan (except
under certain circumstances set forth in said Section 9 which are not applicable
in the instant case); and

         WHEREAS, the Board now desires to amend the Plan to reflect the
reorganization of the Company's subsidiaries which occurred on December 28,
2002;

         NOW, THEREFORE, the Plan is hereby amended, effective as of December
28, 2002, as follows:

         FIRST: The Plan is hereby amended by deleting Appendix A thereto in its
entirety and by substituting the following therefore:

                                   "APPENDIX A

<TABLE>
<CAPTION>
LEGAL ENTITY                               FEDERAL IDENTIFICATION NUMBER
------------                               -----------------------------
<S>                                        <C>
American Down & Textile, LLC               01-0757279
Brawn of California, Inc.                  95-2908436
Clearance World Outlets, LLC               22-3700615
D.M. Advertising, LLC                      22-3760990
Domestications, LLC                        54-1893520
Gump's By Mail, Inc.                       94-3222698
Gump's Corp.                               22-3236243
Hanover Company Store, LLC                 22-3579201
Hanover Gifts, Inc.                        22-3776438
Hanover Home Fashions Group, LLC           54-1893519
Hanover Realty, Inc.                       22-3248825
Keystone Internet Services, LLC            01-0757274
</TABLE>
<PAGE>
<TABLE>
<S>                                        <C>
La Crosse Fulfillment, LLC                 22-3700603
Scandia Down, LLC                          22-3652293
Silhouettes, LLC                           22-3579197
The Company Office, Inc.                   39-1766577
The Company Store Factory, Inc.            39-1766578
The Company Store Group, LLC               01-0757269
The Horn & Hardart Company, Inc.           13-2770055"
</TABLE>

         FOURTH: Except to the extent hereinabove set forth, the Plan shall
remain in full force and effect without change or modification.

         IN WITNESS WHEREOF, and as evidence of the adoption of the foregoing,
the Company has caused this Amendment Number 2 to be executed by a duly
authorized officer this 4th day of November, 2003.

                                  HANOVER DIRECT, INC.


                                  By: /s/ Brian C. Harriss
                                      ----------------------

                                  Name: Brian C. Harriss

                                  Title: EVP HR & Legal

                                       2
SUPREME COURT OF THE STATE OF NEW YORK

Appellate Division, Fourth Judicial Department

1047 

KA 13-00311 

PRESENT: SCUDDER, P.J., CENTRA, LINDLEY, SCONIERS, AND DEJOSEPH, JJ. 

 

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, 

V MEMORANDUM AND ORDER

JOSEPH FISHER, DEFENDANT-APPELLANT. 

(APPEAL NO. 1.) 

 

THE LEGAL AID BUREAU OF BUFFALO, INC., BUFFALO (ROBERT B. HALLBORG,

JR., OF COUNSEL), FOR DEFENDANT-APPELLANT. 

FRANK A. SEDITA, III, DISTRICT ATTORNEY, BUFFALO (ASHLEY R. SMALL OF

COUNSEL), FOR RESPONDENT. 

 

Appeal from a judgment of the Supreme Court, Erie County (M.

William Boller, A.J.), rendered April 24, 2009. The judgment

convicted defendant, upon his plea of guilty, of felony driving while

intoxicated and aggravated unlicensed operation of a motor vehicle in

the first degree. 

It is hereby ORDERED that the judgment so appealed from is 

unanimously affirmed. 

Memorandum: In appeal No. 1, defendant appeals from a judgment

convicting him upon his plea of guilty of, inter alia, felony driving

while intoxicated (Vehicle and Traffic Law §§ 1192 [3]; 1193 [1] [c]

[ii]). He was originally sentenced to a term of incarceration, but

Supreme Court thereafter granted that part of defendant’s motion

pursuant to CPL article 440 to set aside the sentence. The court

resentenced him to six months’ incarceration, which by that time had

been served, and a term of probation of five years. In appeal No. 2,

defendant appeals from a judgment revoking that probation and imposing

a sentence of incarceration. 

Defendant failed to preserve for our review his contention in

appeal No. 1 that he was deprived of counsel of his choice at

sentencing, inasmuch as “defendant did not voice any objection to his

attorney’s application to be relieved as defense counsel” (People v

Tineo, 64 NY2d 531, 536; see People v Sims, 105 AD3d 415, 416, lv

denied 21 NY3d 1009), and we decline to exercise our power to review

that contention as a matter of discretion in the interest of justice

(see Sims, 105 AD3d at 416). His contentions with respect to the

original sentence were rendered moot by the order setting aside that

sentence and resentencing defendant (see generally People v Clayton,

38 AD3d 1131, 1131-1132, lv denied 9 NY3d 841). 
-2- 1047 

KA 13-00311 

We reject defendant’s contention in appeal No. 2 that the

sentence imposed upon the revocation of his probation is unduly harsh

and severe.

Entered: February 6, 2015 Frances E. Cafarell

Clerk of the Court
<TABLE> <S> <C>



<ARTICLE> 5

<S>                             <C>
<PERIOD-TYPE>                   12-MOS
<FISCAL-YEAR-END>                          DEC-31-1996
<PERIOD-END>                               DEC-31-1996
<CASH>                                         631,456
<SECURITIES>                                   513,788
<RECEIVABLES>                                  799,799
<ALLOWANCES>                                    25,400
<INVENTORY>                                  1,830,300
<CURRENT-ASSETS>                             3,936,249
<PP&E>                                         657,637
<DEPRECIATION>                                 355,877
<TOTAL-ASSETS>                               4,337,783
<CURRENT-LIABILITIES>                        1,811,831
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                        31,349
<OTHER-SE>                                           0
<TOTAL-LIABILITY-AND-EQUITY>                 4,337,783
<SALES>                                              0
<TOTAL-REVENUES>                             7,405,548
<CGS>                                        6,327,871
<TOTAL-COSTS>                                3,675,060
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                               2,117
<INCOME-PRETAX>                            (2,362,115)
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                                  0
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                               (2,362,115)
<EPS-PRIMARY>                                    (.75)
<EPS-DILUTED>                                    (.75)



</TABLE>
<PAGE>

                                                                    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 Quarterly Report of Wolverine Tube, Inc. on Form 10-Q for
the period ending July 4, 2004 as filed with the Securities and Exchange
Commission on the date hereof (the "Report"), I, James E. Deason, Executive Vice
President, Chief Financial Officer of Wolverine Tube, Inc., 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 and belief:

      (1)   The Report fully complies with the requirements of section 13(a) or
            15(d) of the Securities and 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.

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

/s/  James E. Deason

James E. Deason
Executive Vice President, Chief Financial Officer
August 12, 2004
EX-4.12



 





Exhibit 4.12




CERTIFICATE OF TRUST



OF


CITIGROUP CAPITAL XXX



     This Certificate of Trust is being executed as of November 15, 2007 for the purposes of
organizing a statutory trust pursuant to the Delaware Statutory Trust Act, 12 Del. C. §3801 et seq.
(the “Act”).



     The undersigned, the trustees of Citigroup Capital XXX, hereby certify as follows:



     1. Name. The name of the statutory trust being formed hereby is “Citigroup Capital XXX” (the
“Trust”).



     2. Delaware Trustee. The name and business address of the trustee of the Trust which has its
principal place of business in the State of Delaware are as follows:


The Bank of New York (Delaware)

100 White Clay Center

Route 273

P. O. Box 6995

Newark, DE 19711




     3. Effective. This Certificate of Trust shall be effective immediately upon filing in the
Office of the Secretary of State of the State of Delaware.



1









 





Dated: November 15, 2007




	 	 	 	 	 	 	 
	 

	 	By:
	 	/s/ John Gerspach
	 	 
	 

	 	 	 	 	 	 
	 	 	John Gerspach, as Regular Trustee
	 
	 	 	 	 	 	 
	 
	 	 	 	 	 	 
	 

	 	By:
	 	/s/ Eric L. Wentzel	 	 
	 

	 	 	 	 	 	 
	 	 	Eric L. Wentzel, as Regular Trustee
	 
	 	 	 	 	 	 
	 
	 	 	 	 	 	 
	 

	 	By:
	 	/s/ Saul Rosen	 	 
	 

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

	 	By:
	 	/s/ Kristine K. Gullo	 	 
	 

	 	 	 	 	 	 
	 	 	Name: Kristine K. Gullo
	 	 	Title: Vice President
	 
	 	 	 	 	 	 
	 
	 	 	 	 	 	 
	 	 	CITIGROUP INC.,
	 	 	as Sponsor
	 
	 	 	 	 	 	 
	 

	 	By:
	 	/s/ Charles E. Wainhouse	 	 
	 

	 	 	 	 	 	 
	 	 	Name: Charles E. Wainhouse
	 	 	Title: Vice President






2
Court of Appeals

Sixth Appellate District of Texas

J U D G M E N T

Roche Surety Company/Forrest, Appellant

No. 06-22-00095-CR v.

The State of Texas, Appellee

Appeal from the 361st District Court of 

Brazos County, Texas (Tr. Ct. No. 19-

04703-CRF-361). Memorandum Opinion 

delivered by Justice van Cleef, Chief 

Justice Morriss and Justice Stevens

participating. 

As stated in the Court’s opinion of this date, we find that the motion of the appellant to 

dismiss the appeal should be granted. Therefore, we dismiss the appeal.

We further order that the appellant, Roche Surety Company/Forrest, pay all costs 

incurred by reason of this appeal.

RENDERED NOVEMBER 17, 2022

BY ORDER OF THE COURT

JOSH R. MORRISS, III

CHIEF JUSTICE

ATTEST:

Debra K. Autrey, Clerk