alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
EXHIBIT
10.2


WAIVER
AGREEMENT





THIS WAIVER AGREEMENT (“Agreement”) is
made and entered into as of the 13th day of
May, 2009, by and among Juhl Wind, Inc. (the “Company”) and those purchasers
(the “Purchasers”) of Series A Preferred Shares pursuant to that certain
Securities Purchase Agreement dated as of June 24, 2008.





WHEREAS,
the Company and the Purchasers entered into that certain Amendment Agreement
dated March 27, 2009 (the “Amendment Agreement”), whereby the Company agreed to
respond to comments from the Securities and Exchange Commission to its amended
registration statement within 10 business days of receipt thereof;





WHEREAS,
the Company received comments to its amended registration statement from the
Securities and Exchange Commission on April 30, 2009 (the “April 30 SEC
Comments”), and under the terms of the Amendment Agreement, the Company is
obligated to respond to the April 30 SEC Comments no later than May 14,
2009;





WHEREAS,
the parties desire to waive certain terms in the Amendment Agreement in
consideration for certain covenants of the Company.





NOW,
THEREFORE, in consideration of the covenants and agreements set forth herein,
the parties hereby agree as follows:





1.           Capitalized
terms used and not defined herein shall have the meanings ascribed to them in
the Amendment Agreement.





2.           The
Purchasers agree to waive the requirement set forth in Section 2(c)(ii) of the
Amendment Agreement which states that the Company must respond to any subsequent
SEC Comments within 10 business days solely as it relates to the April 30 SEC
Comments.





3.           The
Company agrees to respond to the April 30 SEC Comments and file its amended
registration statement no later than Wednesday, May 20, 2009.





4.           Except
as expressly modified herein, the Amendment Agreement is and remains in full
force and effect.





5.           Except
as specifically provided in paragraph 2, nothing contained herein shall be
construed as waiving any default under the Amendment Agreement or will affect or
impair any right, power, or remedy of the parties under or with respect to the
Amendment Agreement.





6.           This
Waiver Agreement may be executed by transmission of facsimile or digital
signatures and in multiple counterparts, each of which will be deemed an
original and all of which together will constitute one and the same
instrument.







IN
WITNESS WHEREOF, the Company and the Purchasers have agreed to the terms herein
and this Waiver Agreement is effective as of May 13, 2009.





THE
COMPANY:





JUHL
      WIND, INC./s/John P. MitolaBy:
              John
      P. MitolaTitle:
              President





THE
PURCHASERS:





VISION
      OPPORTUNITY MASTER FUND, LTD./s/Adam BenowitzBy:
              Adam
      BenowitzTitle:
              Portfolio
      Manager





DAYBREAK
      SPECIAL SITUATIONS MASTER FUND, LTD./s/Larry ButzBy:
                Larry
      ButzTitle:
                Managing
      Partner





IMTIAZ
      KHAN/s/Imtiaz Khan





BRUCE
      MEYERS/s/ Bruce Meyers
Case 2:11-cv-03849-SDW -MCA Document 5 Filed 07/26/11 Page 1 of 1 PageID: 43
## Court of Appeals Sixth Appellate District of Texas

J U D G M E N T

Vonderrick Allen , Appellant

No. 06

- 20

- 00074

- CR v.
The State of Texas , Appellee Appeal from the 102nd District Court of Bowie County, Texas (Tr. Ct

. No. 19F0184

- 102 ). Memorandum O pinion delivered by Justice Stevens
, Chief Justice Morriss and Justice Burgess participating

.
As stated in the Court’s opi nion of this date, we find there was partial error in the judgment of the court below. Therefore, we modify th e trial court’s judgm ent by deleting the $1,000.00 fine, by modifying it to reflect that Allen’s off ense is a state

-

jail felony, not a second

degree felony, and by removing the language stating
, “ TWENTY (20) YEARS TEXAS
DEPARTMENT OF CRIMINAL JUST ICE INSTITUTIONAL DIVISION ; TO RUN
CONCURRENTLY WITH 1 8 F0 917

- 102” from the “Terms of Plea Ba rgain” section an d placing it under the “Punishment and Place of Confinement” section. We further modify the trial court’s judgment and the bill of costs by deleti ng the duplicative court cos ts and to reflect that the
amount of court costs owed is $0.00. As modified, the judgment of the trial court is affirmed. We note that the appellant, Vonderrick Allen , has adequately indicated his inability to pay costs of appeal. Therefore, we waive payme nt o f costs. RENDERED JANUARY 7, 202 1 BY ORDER OF THE COURT JOSH R. MORRISS, III CHIEF JUSTICE

ATTEST: Debra K. Autrey , Clerk
```

[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5027 Received in Senate (RDS)]

  2d Session
                                H. R. 5027

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                           September 29, 2004

                                Received

_______________________________________________________________________

                                 AN ACT

 
 To designate the facility of the United States Postal Service located 
  at 411 Midway Avenue in Mascotte, Florida, as the ``Specialist Eric 
                         Ramirez Post Office''.

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

SECTION 1. DESIGNATION.

    The facility of the United States Postal Service located at 411 
Midway Avenue in Mascotte, Florida, shall be known and designated as 
the ``Specialist Eric Ramirez Post Office''.

SEC. 2. REFERENCES.

    Any reference in a law, map, regulation, document, paper, or other 
record of the United States to the facility referred to in section 1 
shall be deemed to be a reference to the ``Specialist Eric Ramirez Post 
Office''.

            Passed the House of Representatives September 28, 2004.

            Attest:

                                                 JEFF TRANDAHL,

                                                                 Clerk.
```
Case 1:11-cv-01083-RMB-KMW Document 196 Filed 05/23/16 Page 1 of 3 PageID: 9952
Case 1:11-cv-01083-RMB-KMW Document 196 Filed 05/23/16 Page 2 of 3 PageID: 9953
Case 1:11-cv-01083-RMB-KMW Document 196 Filed 05/23/16 Page 3 of 3 PageID: 9954
Case 1:11-cv-02658-JBS-KMW   Document 88-1   Filed 10/25/13   Page 1 of 2 PageID: 3461

Case 1:11-cv-02658-JBS-KMW   Document 88-1   Filed 10/25/13   Page 2 of 2 PageID: 3462
Exhibit 21
List of Subsidiaries

Tideland's Oil & Gas Subsidiaries:

1.       Rio Bravo Energy LLC, a Texas limited liability company;
2.       Arrecefe Management LLC, a Texas limited liability company;
3.       Marea Associates, L.P, a Texas limited partnership;
4.       Terranova Energia, S.de R.L. de C.V., a Mexican corporation;
5.       Sonterra Energy Corporation, a Texas corporation; and
6.       Reef Ventures, L.P., a Texas limited partnership;

Rio Bravo Energy, LLC Subsidiary

1.       Sonora Pipeline LLC, a Texas limited liability company;


Reef Ventures, L.P. Subsidiaries

1.       Reef International LLC, a Texas limited liability company; and
2.       Reef Marketing LLC, a Texas limited liability company.
#### Richard Marentes TORRES, Plaintiff-Appellant, v. M. CATE, et al., Defendants-Appellee.

No. 11-18054.

United States Court of Appeals, Ninth Circuit.

Submitted Dec. 19, 2012.*

Filed Dec. 21, 2012.

Richard Marentes Torres, Crescent City, CA, pro se.

Charles James Antonen, Scott John Feudale, Esquire, Deputy Attorney General, Office of the California Attorney General, San Francisco, CA, for Defendants-Appellees.

Before: GOODWIN, WALLACE, and FISHER, Circuit Judges.

The panel unanimously concludes this case is suitable for decision without oral argument. *See*Fed. R.App. P. 34(a)(2).

MEMORANDUM **

Richard Marentes Torres, a California state prisoner, appeals pro se from the district court’s judgment dismissing his 42 U.S.C. § 1988 action alleging due process violations arising from his gang validation and continued confinement in administrative segregation. We have jurisdiction under 28 U.S.C. § 1291. We review de novo the district court’s dismissal under Federal Rule of Civil Procedure 12(b)(6), *Watson v. Weeks,*436 F.3d 1152, 1157 (9th Cir.2006), and we affirm.

The district court properly dismissed Torres’ due process claims relating to his initial validation and placement in administrative segregation because these claims are barred by the doctrines of res judicata and collateral estoppel. *See Sanchez v. City of Santa Ana,*936 F.2d 1027, 1035-36 (9th Cir.1990) (plaintiff is precluded from litigating § 1983 due process claims based upon the same primary rights as those previously adjudicated in a California state court action).

The district court properly dismissed Torres’ due process claims relating to his continued confinement in administrative segregation because Torres’ Third Amended Complaint demonstrates that the periodic reviews of his segregation were sufficient for due process. *See Toussaint v. McCarthy,*801 F.2d 1080, 1101 (9th Cir.1986) (while periodic review of inmate’s segregated confinement is necessary, prison officials are not required to allow additional evidence or statements), *abrogated*
      *663
      *in part on other grounds by Sandin v. Conner,*515 U.S. 472, 115 S.Ct. 2293, 132 L.Ed.2d 418 (1995).

The district court did not abuse its discretion in denying Torres’ motions for appointment of counsel and in staying discovery pending resolution of defendants’ motions to dismiss Torres’ amended complaints. *See Terrell v. Brewer,*935 F.2d 1015, 1017 (9th Cir.1991) (requiring “exceptional circumstances” for appointment of counsel and reviewing decision for abuse of discretion); *Wood v. McEwen,*644 F.2d 797, 801-02 (9th Cir.1981) (per curiam) (no abuse of discretion where district court stayed discovery to determine whether plaintiff could state a claim and plaintiff did not allege any prejudice from the stay).

AFFIRMED.

**This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.
UNITED STATES DISTRICT COURT
DISTRICT OF NEW JERSEY

UNITED STATES OF AMERICA : Criminal No. 11-440
\ : Hon. Jerome B. Simandle
THOMAS M. GRUBB. JR. CONSENT ORDER FOR

RELEASE OF REPORTS BY
PRETRIAL SERVICES

The Court having previously ordered a psychiatric examination of defendant Thomas M
Grubb, Jr. pursuant to 18 U.S.C. § 4241(b): and the defendant having been designated to the
Federal Medical Center at Butner, North Carolina ("FMC Butner”) for purposes of the
evaluation: and the psychiatrist al FMC Butner having requested background information on the
defendant. specifically the reports written by Pretrial Services in 2008 and 2011 in connection
with the defendant's initial appearances (the “Pretrial Reports”), to assist him in conducting the
evaluation: and both the defendant and the United States having consented to the disclosure of
the Pretrial Reports to FMC Butner for this purpose: and for good cause shown

Itis on this LP Atay of December, 2012.

ORDERED that Pretrial Services shall send the Pretrial Reports from 2008 and 2011 to

the psychiatrist at PMC Butner as soon as possible to assist in the evaluation of the defendant

Chief United States District Judge

Form ane paury iy ed to:

Anne Singer, Counsel for De Sofa

Assan U.S Atomey
**Exhibit 32.2**

**CERTIFICATIONPURSUANT TO SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002(SUBSECTIONS (A) AND (B) OF SECTION 1350, CHAPTER 63 OF TITLE 18,UNITED STATES CODE)**

Pursuant toSection 906 of the Sarbanes-Oxley Act of 2002 (subsections (a) and(b) of Section 1350, Chapter 63 of Title 18, United StatesCode), I, Darrell Borne, the Executive Vice President, Chief Financial Officer,Secretary and Treasurer of Sciele Pharma, Inc., a Delaware corporation (the “Company”),do hereby certify, to the best of my knowledge, that:

This Annual Report on Form 10-K for the yearended Decmeber 31, 2006 (the “Form 10-K”) of the Company fully complieswith the requirements of Section 13(a) or 15(d) of the Securities ExchangeAct of 1934 and the information contained in this Form 10-K fairlypresents, in all material respects, the financial condition and results ofoperations of the Company.
| Date: February 23, 2007 |     | By:      |   | /s/ DARRELL BORNE                          |   |
|-------------------------|----------|----------|--------|--------------------------------------------|--------|
|                    |     |     |   | Name: Darrell Borne                        |   |
|                    |     |     |   | Title: Executive Vice President and Chief  |
|                    | * * | * * |   | Financial Officer, Secretary and Treasurer |

 

A signed originalof this written statement required by Section 906, or other documentauthenticating, acknowledging or otherwise adopting the signature that appearsin typed form within the electronic version of this written statement requiredby Section 906, has been provided to Sciele Pharma, Inc. and will beretained by Sciele Pharma, Inc. and furnished to the Securities and ExchangeCommission or its staff upon request.

----
EXHIBIT 32.1
 
 STATEMENT REQUIRED BY 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 on Form 10-Q of Weikang Bio-Technology Group Co., Inc. (the "Company") for the six months ended June 30, 2009, as filed with the Securities and Exchange Commission on the date hereof (the "Report"), I, Yin Wang, Chief Executive Officer, certify that:
 
 *   the Report fully complies with the requirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934; and
 
 *   information contained in the Report fairly presents, in all material respects, the financial condition and results of operations of the Company.
 
 
 /s/ Yin Wang
 Yin Wang
 Chief Executive Officer
 
 August 18, 2009
 
 
 This certification accompanies this 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 us for purposes of Section 18 of the Securities Exchange Act of 1934, as amended.
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 USA Video Interactive Corp. (the Company) on Form 10-K for the year ended December 31, 2008, as filed with the Securities and Exchange Commission on the date hereof (the Report), I, Anton J. Drescher, Chief 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.   By: /s/Anton J. Drescher Anton J. Drescher, Chief Financial Officer March 31st, 2009
Case 3:07-cv-01294-PGS-DEA Document 42 Filed 03/30/09 Page 1 of 2 PageID: 301
Case 3:07-cv-01294-PGS-DEA Document 42 Filed 03/30/09 Page 2 of 2 PageID: 302
Exhibit 32.1

CERTIFICATION PURSUANT TO18 U.S.C. Section 1350,AS ADOPTED PURSUANT TOSECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

In connection with the Quarterly Report of Alpine Resources Corporation (the "Company") on Form 10-QSB for the period ended November 30, 2006 as filed with the Securities and Exchange Commission on the date here of (the "report"), I, Mir Huculak, Chief Executive Officer and Chief 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 this Report fairly presents, in all material respects, the financial condition and results of operations of the Company.
|   

Dated this 9th day of January, 2007.

MIR HUCULAK
Mir HuculakChief Executive Officer and Chief Financial Officer















---
Exhibit 32.2



Certification Required by 18 U.S.C. sec. 1350

(Section 906 of the Sarbanes-Oxley Act of 2002)



In connection with the filing by ADE Corporation (the Company) of the Quarterly Report on Form 10-Q for the fiscal quarter ended July 31, 2003
(the Report), the undersigned, as the Chief Financial Officer of the Company, hereby certifies pursuant to 18 U.S.C. ss. 1350, as adopted pursuant to ss. 906 of the Sarbanes-Oxley Act of 2002, that, to my knowledge:



| | 3. |  | The Report fully complies with the requirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934, and
| | -- |  | ---------------------------------------------------------------------------------------------------------------------



| | 4. |  | The information contained in the Report fairly presents, in all material respects, the financial condition and results of operations of the Company.
| | -- |  | ----------------------------------------------------------------------------------------------------------------------------------------------------



/s/ Brian C. JamesBrian C. JamesChief Financial Officer
#### Walters *v.*The Collins Park & Belt Railroad Co.

Simmons, C. J. — It appeared from the evidence of the plaintiff, who was a passenger upon an open electric car, that he signaled the conductor to stop, that the speed of the car was greatly reduced, that while it was yet in motion the plaintiff stepped out upon the running board, picked up his sample case with his right hand, turned his body a little outward from the car, let loose the upright support with his left hand, and was just in the act of stepping off when the conductor signaled the motorman to go forward, who obeyed, and the car gave a sudden and violent jerk, by reason of which the plaintiff was thrown to the ground and injured. Under these facts it was error to grant a nonsuit, as the jury might have found that the plaintiff was not guilty of such negligence as would bar all right of recovery. But for the signal to go forward, and the jerk, the judgment of nonsuit would have been affirmed.

November 12,1894.

By two Justices.

Action foi' damages. Before Judge Van Epps. City ■court of Atlanta. March term, 1894.

R. J. Jordan, for plaintiff.

Hillyer, Alexander & Lambdin, for defendant.

*Judgment reversed.*
EXHIBIT 99.2



CERTIFICATION OF CHIEF EXECUTIVE OFFICER AND 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, Darrel Slack, certify, pursuant to 18 U.S.C. Section
1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that
the Annual Report of Centillium Communications, Inc. (the "Company") on Form 10-K
for the year ended December 31, 2002 fully complies with the requirements of
Section 13(a) or 15(d) of the Securities Exchange Act of 1934 and that
information contained in such Annual Report on Form 10-K fairly presents in all
material respects the financial condition and results of operations of the
Company.



/s/ Darrel Slack     Darrel Slack
Vice President and Chief Financial Officer

February 14, 2003

---
<PAGE>

Exhibit 99.1

         Certification of Chief Executive Officer pursuant to Sec. 906

In connection with the annual report of Debt Resolve, Inc. (the "Company") on
Form 10-KSB for the year ended December 31, 2003, as filed with the
Securities and Exchange Commission on the date hereof (the "Report"), I, James
D. Burchetta, Chief Executive Officer of the Company, certify, pursuant to 18
U.S.C. Sec. 1350, as adopted pursuant to Sec. 906 of the Sarbanes-Oxley Act of
2002, that:

1.   The Report fully complies with the requirements of Sections 13(a) or 15(d)
     of the Securities Exchange Act of 1934; and

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

Date: March 25, 2004                        /s/ JAMES D. BURCHETTA
                                        ------------------------------
                                            James D. Burchetta
                                            Chief Executive Officer

         Certification of Chief Financial Officer pursuant to Sec. 906

In connection with the annual report of Debt Resolve, Inc. (the "Company") on
Form 10-KSB for the year ended December 31, 2003, as filed with the
Securities and Exchange Commission on the date hereof (the "Report"), I, John M.
Porta, Chief Financial Officer of the Company, certify, pursuant to 18 U.S.C.
Sec. 1350, as adopted pursuant to Sec. 906 of the Sarbanes-Oxley Act of 2002,
that:

     1. The Report fully complies with the requirements of Sections 13(a) or
        15(d) of the Securities Exchange Act of 1934; and

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

Date: March 25, 2004                        /s/ JOHN M. PORTA
                                        -------------------------------
                                            John M. Porta
                                            Chief Financial Officer
H. R. 5122

One Hundred Eighth Congress

of the

United States of America

AT THE SECOND SESSION

Begun and held at the City of Washington on Tuesday,

the twentieth day of January, two thousand and four

An Act

To amend the Congressional Accountability Act of 1995 to permit members of

the Board of Directors of the Office of Compliance to serve for 2 terms.

Be it enacted by the Senate and House of Representatives of

the United States of America in Congress assembled,

SECTION 1. PERMITTING SECOND TERM FOR BOARD OF DIRECTORS

OF OFFICE OF COMPLIANCE.

(a) IN GENERAL.—The second sentence of section 301(e)(1) of

the Congressional Accountability Act of 1995 (2 U.S.C. 1381(e)(1))

is amended to read as follows: ‘‘A member of the Board may be

reappointed, but no individual may serve as a member for more

than 2 terms.’’.

(b) EFFECTIVE DATE.—The amendment made by subsection (a)

shall apply with respect to individuals serving on the Board of

Directors of the Office of Compliance on or after September 30,

2004.

Speaker of the House of Representatives.

Vice President of the United States and

President of the Senate.