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



Solely for the purposes of complying  with 18 U.S.C.  Section  1350,  as adopted
pursuant to Section 906 of the  Sarbanes-Oxley  Act of 2002, I, the  undersigned
Chief  Executive  Officer  of  Speaking  Roses   International,   Inc.,  a  Utah
corporation (the  "Company"),  hereby certify,  based on my knowledge,  that the
Quarterly  Report on Form  10-QSB of the  Company  for the  three  months  ended
September  30, 2005 (the  "Report")  fully  complies  with the  requirements  of
Section  13(a) of the  Securities  Exchange  Act of 1934  and  that  information
contained in the Report fairly presents, in all material respects, the financial
condition and results of operations of the Company.

 By /s/ John W. Winterholler
John W. Winterholler
President and Chief Executive Officer

November 21, 2005
<TABLE>
                                           Exhibit 11
                 Statement Re: Computation of Per Share Earnings
<CAPTION>

                                                              Nine Months Ended           Three Months Ended
                                                              September 30, 1996          September 30, 1996
                                                                           Fully                       Fully
                                                            Primary       Diluted       Primary       Diluted
<S>                                                       <C>           <C>           <C>           <C> 
Weighted Average Shares Outstanding .....................  10,211,249    10,211,249    10,322,972    10,322,972

Common Stock Equivalents:
           Options ......................................     619,757       736,654       607,698       612,872
           Warrants .....................................      65,243        65,243        62,771        62,771

Other Dilutive Securities:
7.25% notes .............................................                     5,428                       1,306
9% Senior convertible notes .............................                 2,875,000                   2,875,000
                                                          -----------   -----------   -----------   -----------

                                                           10,896,249    13,893,574    10,993,441    13,874,921
                                                          ===========   ===========   ===========   ===========


Net Income Applicable to Common Stock ................... $ 8,297,842   $ 8,297,842   $ 4,747,832   $ 4,747,832

Interest expense addback 9% senior convertible notes ....                 1,942,397                     652,192
                                                          -----------   -----------   -----------   -----------

                                                          $ 8,297,847   $10,240,239   $ 4,747,833   $ 5,400,024
                                                          ===========   ===========   ===========   ===========

Per Share Earnings  ..................................... $      0.76   $      0.74   $      0.43   $      0.39
                                                          ===========   ===========   ===========   ===========
</TABLE>
Exhibit 4.34

ASSIGNMENT AGREEMENT

| |  | Appertaining |  |   |  | Principal Amount of the Loan
| |  | ------------ |  | - |  | ----------------------------
| |  | Claim        |  | = |  |                             
| |  |              |  |   |  | Number of Notes             



---

Rotterdam,
June 2, 2003
Infineon Technologies Holding B.V.

---

Munich,
June 2, 2003
Infineon Technologies AG

---

London,
June 2, 2003
JPMorgan Chase Bank

---

2

---

QuickLinks
Certification
Pursuant to Section 906 of the Sarbanes-Oxley Act of 2002



Pursuant
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), each of the undersigned officers of Globalstar, Inc. (the “Company”), does hereby
certify that:



This
quarterly report on Form 10-Q for the quarter ended June 30, 2012 of the Company fully complies with the requirements of section 13(a)
or 15(d) of the Securities Exchange Act of 1934 and the information contained in the Form 10-Q fairly presents, in all material
respects, the financial condition and results of operations of the Company.



|Dated: August 9, 2012 |     |                        
|--------------------- | --- | -----------------------
|                      | By: | /s/ James Monroe III   
|                      |     | James Monroe III       
|                      |     | Chief Executive Officer
-28

-15

-7

18

-2

-10

7

12

34

26

-40 -20 0 20 40

Percent change in real earnings, 1979-2005

Women

Men

Chart 5-9. The change in real earnings since 1979 has been 

more favorable for women than for men at all levels of 

education

NOTE: Change in median usual weekly earnings of full-time wage and salary workers age 25 and over, adjusted using the CPI-U-RS 

research series.

SOURCE: Bureau of Labor Statistics

Total, 25 years and over

Bachelor's degree and higher

Less than a high school diploma

High school graduates, no college

Some college or associate degree

Chart 5-9. The change in real earnings since 1979 has been 

more favorable for women than for men at all levels of 

education

• Overall, real earnings for women 25 years and over increased by 26 percent 

from 1979 to 2005, while men’s real earnings were little changed.

• Women with at least a high school diploma experienced increases in real 

earnings. For men, only college graduates saw an increase; all other education 

groups experienced a decline in real earnings.

• While women fared better than men over this time period, in a sense they were 

playing “catch up” to men. The growth in women’s earnings reflects in large 

part a rise in the proportion of working women with a college education, an 

increase in women in higher-paying managerial and professional jobs, and a 

shift toward more year-round, full-time work among women.
[No. 32277-3-II.

Division Two.

December 13, 2005.]

#### The State of Washington, *Respondent,*v. Aaron Donald Strader, *Appellant.*

Appeal from a judgment of the Superior Court for Cowlitz County, No. 04-1-00665-9, Jill Johanson, J., entered September 9, 2004. *Affirmed*by unpublished opinion per Armstrong, J., concurred in by Van Deren, A.C.J., and Houghton, J.
Case 3:06-cr-00935-PGS Document 36 Filed 06/23/10 Page 1 of 2 PageID: 152
Case 3:06-cr-00935-PGS Document 36 Filed 06/23/10 Page 2 of 2 PageID: 153
##### 



EXHIBIT 31.2
 OFFICERS CERTIFICATE
PURSUANT TO SECTION 302*
             Date: October 26, 2006By:
    
    /s/ Robert M. Shields, Jr.Name: Robert M. Shields, Jr.Title: Chief Financial Officer
 
 *
    
    The introductory portion of paragraph 4 of the Section 302 certification that refers to the
certifying officers responsibility for establishing and maintaining internal control over
financial reporting for the company, as well as paragraph 4(b), have been omitted in accordance
with Release No. 33-8238 (June 5, 2003) because the compliance period has been extended for small
business issuers until the first fiscal year ending on or after April 15, 2005.
SOURCE: Bureau of Labor Statistics

41

43

43

43

44

48

50

52

55

56

0 10 20 30 40 50 60

Home health aides

Network systems and data communications analysts

Medical assistants

Physician assistants

Computer software engineers, applications

Physical therapist assistants

Dental assistants

Computer software engineers, systems software

Dental hygienists

Personal and home care aides

Chart 1-20. Seven of the 10 occupations projected to grow 

the fastest are health related and three are computer related

Percent change in wage and salary employment, projected 2004-2014

Chart 1-20. Seven of the 10 occupations projected to grow 

the fastest are health related and three are computer related

• Health care occupations are expected to grow rapidly over the 2004-2014 

period as a growing and aging population continues to demand a high level of 

quality health care services. Health care aide and assistant occupations are 

projected to grow especially quickly as organizations try to control costs. 

Aides and assistants are expected to assume some duties formerly done by 

more highly paid health care workers, such as dentists, physicians, and 

therapists. 

• Computer occupations also are expected to grow rapidly as new technologies 

develop and as computer use expands. However, growth is projected to be 

slower than it was in the previous decade due to offshore outsourcing of work 

and because the maturing computer industry is not expected to grow quite so 

rapidly as in the past.
###                                                           AMENDMENT NO. 1
Case 3:10-cr-00640-PGS Document 21 Filed 10/14/10 Page 1 of 2 PageID: 24
Case 3:10-cr-00640-PGS Document 21 Filed 10/14/10 Page 2 of 2 PageID: 25
<TABLE> <S> <C>

<ARTICLE> 5
<CIK> 0000884504
<NAME> THERMOENERGY CORP.
       
<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                          SEP-30-1999
<PERIOD-START>                             JAN-01-1999
<PERIOD-END>                               MAR-31-1999
<CASH>                                          23,801
<SECURITIES>                                         0
<RECEIVABLES>                                        0
<ALLOWANCES>                                         0
<INVENTORY>                                          0
<CURRENT-ASSETS>                                23,801
<PP&E>                                          19,809
<DEPRECIATION>                                (19,809)
<TOTAL-ASSETS>                                 555,601
<CURRENT-LIABILITIES>                        3,217,673
<BONDS>                                      1,091,000
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                         3,554
<OTHER-SE>                                 (3,756,626)
<TOTAL-LIABILITY-AND-EQUITY>                   555,601
<SALES>                                              0
<TOTAL-REVENUES>                                     0
<CGS>                                                0
<TOTAL-COSTS>                                  257,587
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                              64,396
<INCOME-PRETAX>                              (313,227)
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                                  0
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                 (313,227)
<EPS-PRIMARY>                                    (.06)
<EPS-DILUTED>                                    (.08)
        

</TABLE>
#### Liseur *v.*Hitson.

Simmons, C. J. — The plaintiff’s action being upon an open account for money loaned, and it appearing upon the face of the declaration that the suit was not brought until after the lapse of more than four years from the time the loan became due and payable, a demurrer setting up that the case was barred by the statute of limitations was properly sustained. The mere making of a partial payment on the account and entering the same as a credit thereon did not make a case of mutual dealings between the parties or constitute a new point from which the statute of limitations would begin to run. *Ford*y. *Clark,*72 *Ga.*760; *Lark*v. *Cheatham,*80 *Ga.*1.

November 12, 1894.

Complaint. Before Judge Van Epps. City court of Atlanta. May term, 1894.

The petition was filed on October 2,1893. It alleged: Hitson owes petitioner $450 besides interest. He married her sister, and petitioner, being a widow, went to his place to live in 1880, and remained there until 1887, as one of the family. In 1881 defendant, knowing that she had money, proposed to her to build two houses on certain property he had, at a cost of $300, and he would use the rent of one of the houses and she could take the other. Accordingly she let him have $300 at one time, $100 at another, and $30 at another. He built the two houses, and up to June, 1887, she collected the rent of one of them and he of the other, the rent of each being $4 per month. In June, 1887, his wife died. Petitioner still resided with him until November, 1887, when he married again, and then required her to leave. *528■Shortly before the death of her sister, defendant, over petitioner’s objection, forced her to collect the rent of a house belonging to him, and use that instead of the rent of one of the two houses above mentioned. This she continued to do until July or August, 1889, when he would not allow her to collect any more rent, and refused to pay her anything for the money she had let him have. In the latter part of 1889, or first part of 1890, he told her he would give her $100, that if she refused to accept that she would get nothing; and forced her to take $50, but never paid her any more. It was understood that the money she had allowed him to put into the two houses should be paid back to her when she left his house, and the other $130 was also to be paid then; but he has only paid her in all $50, and she did not accept this amount, but he just threw it down and left it, and she has only treated it as a part payment on her claim against him.

*527
      *Judgment affirmed.*

*528B. J. Jordan, for plaintiff.

Blalock & Boan, for defendant.
Chart 4-5. Unemployment rates for blacks and Hispanics 

have remained consistently higher than the rate for whites

2

4

6

8

10

12

14

16

18

20

1970 1973 1976 1979 1982 1985 1988 1991 1994 1997 2000 2003 2006

2

4

6

8

10

12

14

16

18

20

Percent

White

Hispanic or Latino

Black or African American

Asian

NOTE: Persons whose ethnicity is identified as Hispanic or Latino may be of any race. Data for Asians only available since 2000.

SOURCE: Bureau of Labor Statistics

Chart 4-5. Unemployment rates for blacks and Hispanics 

have remained consistently higher than the rate for whites

• The unemployment rate for blacks 16 years and over generally has been at 

least twice that of whites. 

• The jobless rate for Hispanics, while higher than that for whites, is lower than 

that for blacks.

• The rate for Asians is similar to that of whites.
UNITED STATES COURT OF APPEALS 

FOR THE THIRD CIRCUIT

_______________

No. 19-3010

_______________

EZAKI GLICO KABUSHIKI KAISHA,

a Japanese Corporation d/b/a Ezaki Glico;

EZAKI GLICO USA CORP.,

a California Corporation,

Appellants

v. 

LOTTE INTERNATIONAL AMERICA CORP.; 

LOTTE CONFECTIONARY CO. LTD. 

_______________

On Appeal from the United States District Court 

for the District of New Jersey

(D.C. No. 2:15-cv-05477)

District Judge: Honorable Madeline C. Arleo

_______________

Argued: July 9, 2020

Before: McKEE, BIBAS, and FUENTES, Circuit Judges

_______________

ORDER

_______________

The panel has revised the opinion issued on January 27, 2021 and deleted a sentence 

and citation from the conclusion that appeared at page 20. The Clerk is directed to file the 

amended opinion. The judgment remains the same. 

By the Court,

s/ Stephanos Bibas

Circuit Judge

Dated: March 10, 2021
# cpsaat15
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 EGPI Firecreek, Inc. (the "Registrant") on
Form 10-K for the fiscal year ended December 31, 2008 as filed with the
Securities and Exchange Commission on the date hereof, I, Dennis R. Alexander,
President and Chief Financial Officer, 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 our knowledge and belief:





(1)
  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 result of operations of the
Registrant.





By:
                      /s/ Dennis R. AlexanderDennis
      R. AlexanderCEO
      and Chief Financial
Officer




Date:
March 5, 2010





A signed
original of this written statement required by Section 906, or other document
authenticating, acknowledging, or otherwise adopting the signature that appears
in typed form within the electronic version of this written statement required
by Section 906 has been provided to the Registrant and will be retained by the
Registrant and furnished to the Securities and Exchange Commission or its staff
upon request.
Exhibit 10.19


 


Description
of the Material Terms of Rocky Brands, Inc.’s


 


Bonus Plan for the Fiscal Year Ending
December 31, 2013


 


Messrs. M. Brooks, Sharp, McDonald, J. Brooks,
Simms, and Adam are eligible to receive cash bonuses under the Company’s Bonus Plan for the fiscal year ending December 31,
2013 (the “2013 Bonus Plan”).


 


The 2013 Bonus Plan utilizes
a performance criteria based on the previous five years EBITDA before bonuses, less capital expenditures but excluding the highest
and lowest of the five years (“Adjusted EBITDA”). The threshold amount for earning bonuses is 85% of the Adjusted EBITDA;
provided however that the threshold amount must not be less than is necessary to cover all financial covenants and debt obligations
(the “Threshold Amount”). Next, 30% of the Adjusted EBITDA above the Threshold Amount, will go into a bonus pool to
be allocated among all participants (the “Bonus Pool”). The Bonus Pool will then be allocated among all participants
based on the relative base compensation of each participant times an assigned base compensation multiplier (the “Multiplier
Salary”), which product for each participant would then be compared to and calculated as a percentage of the total of the
Multiplier Salary for all participants in the Bonus Plan.


 


Each participant in the 2013
Bonus Plan is assigned a multiplier of base salary ranging from 1.00 to 5.00 times base salary, and each participant will be allocated
a percentage of the Bonus Pool by calculating the participant’s Multiplier Salary as a percentage of the Multiplier Salary
for all participants in the 2013 Bonus Plan. It is recognized that the percentages could change depending on changes in the participants
during 2013, but the total will always be 100%.


 


The multipliers of base salary
for Messrs. Sharp, McDonald, J. Brooks, Simms, Adam, and M. Brooks are 5.00, 3.50, 2.00, 2.00, 2.00, and 1.00, respectively. The
bonuses payable to any of Messrs. M. Brooks, Sharp and McDonald shall be computed solely based on the Company’s Adjusted
EBITDA in excess of the Threshold Amount (the “Company Bonus Performance”). The payment of 70% of any bonuses payable
to Messrs. J. Brooks, Simms, and Adam shall be conditioned on the Company Bonus Performance and 30% of such bonuses shall be conditioned
upon individual objective financial or operational criteria.


 


If and to the extent that any
bonus is earned by and payable to any of Messrs. Sharp, McDonald, J. Brooks, Simms, and Adam, 75% of the bonus shall be paid in
cash and 25% of the bonus shall be paid in restricted shares of the Company’s common stock (the “Restricted Bonus Shares”).
The number of Restricted Bonus Shares shall be determined by dividing 25% of the total bonus amount (subject to the bonus cap)
by the closing price of the Company’s common stock less 15% on the date of the Compensation Committee’s certification
of the bonus pool and payments thereunder.
#### Thompson *v.*Hall and others.1

*(Circuit Court, E. D. New York.*

July 24, 1885.)

Patents por Inventions—Patentee an Kmploye—Letters Patent No. 232,-9T5—Improvement in Cutting-Pliers.

A patent was issued to plaintiff, Henry G. Thompson, as assignee of Moses C. Johnson, for an improvement in cutting-pliers, and he filed a hill for damages and an injunction against one Hall. It appeared that Hall was president of a company engaged in making cutting-pliers under a patent issued to Hall. The writ turned on the question whether a certain model was made by Johnson while he was in the employ of the company, or after he had been discharged by Hall. *Held*that, on tiie evidence, it was not made till after the discharge; that Johnson was not the first inventor; and that the bill must be dismissed.

In Equity.

*Horace Barnard,*for plaintiff.

*Amos Broadnax,*for defendants.

1

 Reported by R. D. *&*Wyllys Benedict, Esqs., of the New York bar.

Benedict, J.

This action is founded upon letters patent No. 282,-975, dated October 5, 1880, issued to Henry G. Thompson, assignee of Moses G. Johnson, for an improvement in cutting-pliers. The bill charges infringement, and prays for damages and an injunction. The question at issue is whether the combination described in the plaintiff’s patent was invented by Moses C. Johnson while an employe of a corporation styled the Interchangeable Tool Company, which corporation was engaged in the manufacture of cutting-pliers under a patent issued to the defendant T’hos. G. Hall, then the president of the corporation. In support of the averment that Moses C. Johnson was the first inventor of the combination in question, the plaintiff produces a model known in the case as defendant’s Exhibit C, which model embodies the invention in question, and was made, as the plaintiff has sought to prove, while Johnson was in the employ of the Interchangeable Tool Company. On the other hand, the defendants assert, and have sought to prove, that this model was not made by Johnson while employed by the Interchangeable Tool Company, but after Johnson had been discharged from that employment, and for the purpose of supporting a fraudulent claim to an invention really discovered by the defendant Hall, put forth for the first time by Johnson after he had been discharged from the service of the Interchangeable Tool Company.

In one aspect, the decision of the case depends upon a question of time; that is to say, whether this model, (Exhibit 0,) composed of brass and iron, was made when Johnson says it was, while he was a workman for Hall’s company, or at a date subsequent to Hall’s discharge of Johnson. Upon this question much testimony has been taken on both sides. Upon a full consideration of all the evidence, *324my conclusion is that Exhibit C was not made when Johnson says it was, but subsequent to Johnson’s leaving the employment of the Interchangeable Tool Company, and that Moses C. Johnson was not the first inventor of the combination described in the patent issued to the plaintiff as assignee of Johnson. There must therefore be a decree dismissing the bill, with costs.
_________________________________________ 

 

 

 

Order Michigan Supreme Court 

Lansing, Michigan 

June 26, 2006 Clifford W. Taylor,

 Chief Justice 

130197(46) Michael F. Cavanagh 

Elizabeth A. Weaver 

Marilyn Kelly 

Maura D. Corrigan 

PEOPLE OF THE STATE OF MICHIGAN,

Plaintiff-Appellee, 

Robert P. Young, Jr. 

Stephen J. Markman,

 Justices 

v SC: 130197 

 COA: 254767 

Oakland CC: 2003-193007-FC 

JOHN ANTHONY SPRATT,

Defendant-Appellant. 

_________________________________________/ 

On order of the Court, the motion for reconsideration of this Court’s order of April 

21, 2006 is considered, and it is DENIED, because it does not appear that the order was 

entered erroneously. 

KELLY, J., would grant the motion for reconsideration. 

p0619 

I, Corbin R. Davis, Clerk of the Michigan Supreme Court, certify that the 

foregoing is a true and complete copy of the order entered at the direction of the Court. 

June 26, 2006 

Clerk