alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
**EXHIBIT
      32.1**





**CERTIFICATION
      BY THE CHIEF EXECUTIVE OFFICER**


**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 on Form 10-KSB of Syndication, Inc. (the
      "Company") for the period ended December 31, 2006 as filed with the Securities
      and Exchange Commission on the date hereof (the "Report"), the undersigned,
      Brian Sorrentino, President and Chief Executive Officer of the Company, hereby
      certifies, pursuant to 18 U.S.C. Section 1350, 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.





*Dated:*April
                __, 2007
            *By:*
            */s/
                Brian Sorrentino**Brian
              Sorrentino**Chief
                Executive Officer*
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

I, Paul B. Dykstra, Chief Executive
Officer of Viad Corp, 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 on Form 10-Q of Viad Corp for the fiscal quarter ended June 30, 2012 (the Report) fully complies with the requirements of Section 13(a)
or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. Section 78m or 78o(d)); and
|-- | -------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------



|2. | the information contained in the Report fairly presents, in all material respects, the financial condition and results of operations of Viad Corp.
|-- | --------------------------------------------------------------------------------------------------------------------------------------------------



|                     |  |  |  |  |  |                        
|-------------------- |  |  |  |  |  | -----------------------
|                     |  |  | 
|Date: August 8, 2012 |  |  |  |  |  | By: /s/ Paul B. Dykstra
|                     |  |  |  |  |  | Paul B. Dykstra        
|                     |  |  |  |  |  | Chief Executive Officer
Exhibit 32.1
 EXTERRAN PARTNERS, L.P.
CERTIFICATION PURSUANT TO
18 U.S.C. SECTION 1350,
AS ADOPTED PURSUANT TO
SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002
  (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 Partnership.
 /s/ ERNIE L. DANNERErnie L. DannerChief Executive Officer, Exterran GP LLC
As General Partner of Exterran General Partner, L.P.
As General Partner of Exterran Partners, L.P.
<PAGE>

                                                                     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 Annual Report of AtheroGenics, Inc. (the
"Company") on Form 10-K for the period ended December 31, 2005 as filed with the
Securities and Exchange Commission on the date hereof (the "Report"), I, Russell
M. Medford, President and Chief Executive 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, to the best of my knowledge:

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

         (2)      The information contained in the Report fairly presents, in
all material respects, the financial condition and results of operations of the
Company.



                                         /s/ RUSSELL M. MEDFORD
                                         --------------------------------------
                                         Russell M. Medford
                                         President and Chief Executive Officer
                                         Date: March 10, 2006


<PAGE>


                                                                     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 Annual Report of AtheroGenics, Inc. (the
"Company") on Form 10-K for the period ended December 31, 2005 as filed with the
Securities and Exchange Commission on the date hereof (the "Report"), I, Mark P.
Colonnese, Senior Vice President of Finance and Administration 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, to
the best of my knowledge:

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

         (2)      The information contained in the Report fairly presents, in
all material respects, the financial condition and results of operations of the
Company.



                            /s/ MARK P. COLONNESE
                            ---------------------------------------------------
                            Mark P. Colonnese
                            Senior Vice President of Finance and Administration
                            and Chief Financial Officer
                            Date: March 10, 2006
Case 2:11-cr-00364-SDW Document 30 Filed 06/01/11 Page 1 of 2 PageID: 48
Case 2:11-cr-00364-SDW Document 30 Filed 06/01/11 Page 2 of 2 PageID: 49
Exhibit 32.01

CERTIFICATIONS

(Pursuant to 18 U.S.C. Section 1350)

The undersigned hereby certifies that (i) the foregoing Quarterly Report on Form 10-Q filed by Bank of the Carolinas Corporation (the
Registrant) for the quarter ended March 31, 2009, fully complies with the requirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934, and (ii) the information contained in that Report fairly
presents, in all material respects, the financial condition and results of operations of the Registrant.



|                   |  |                                               
|------------------ |  | ----------------------------------------------
|Date: May 14, 2009 |  | /s/ Robert E. Marziano                        
|                   |  | Robert E. Marziano                            
|                   |  | President and Chief Executive Officer         
|                   | 
|Date: May 14, 2009 |  | /s/ Michelle L. Clodfelter                    
|                   |  | Michelle L. Clodfelter                        
|                   |  | Vice President and Principal Financial Officer
Exhibit 10.12

 

DIRECTOR COMPENSATION

 

The following compensation arrangements have been established for the Board of Directors of the Company: All outside directors will receive an annual retainer of $40,000. The chairpersons of the Audit Committee, the Compensation Committee, the Risk Oversight Committee, and the Nominating/Governance Committee will for this service receive retainers of $12,500, of $10,000, of $7,500, and of $7,500 respectively. In January 2012, one non-employee director served as non-executive Chairman of the Board of the Company’s subsidiary bank in China and received a retainer of $10,417. An employee director subsequently assumed the role and was not paid an additional retainer. Outside directors also receive a meeting fee of $1,500 for each Committee meeting attended. Outside directors also receive an annual grant of $50,000 of stock. No separate compensation is paid to directors who are also employees of the Company.
Case 2:11-cv-03671-WHW-MCA Document 35 Filed 05/16/12 Page 1 of 10 PageID: 487
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Case 2:11-cv-03671-WHW-MCA Document 35 Filed 05/16/12 Page 3 of 10 PageID: 489
Case 2:11-cv-03671-WHW-MCA Document 35 Filed 05/16/12 Page 4 of 10 PageID: 490
Case 2:11-cv-03671-WHW-MCA Document 35 Filed 05/16/12 Page 5 of 10 PageID: 491
Case 2:11-cv-03671-WHW-MCA Document 35 Filed 05/16/12 Page 6 of 10 PageID: 492
Case 2:11-cv-03671-WHW-MCA Document 35 Filed 05/16/12 Page 7 of 10 PageID: 493
Case 2:11-cv-03671-WHW-MCA Document 35 Filed 05/16/12 Page 8 of 10 PageID: 494
Case 2:11-cv-03671-WHW-MCA Document 35 Filed 05/16/12 Page 9 of 10 PageID: 495
Case 2:11-cv-03671-WHW-MCA Document 35 Filed 05/16/12 Page 10 of 10 PageID: 496
#### Carl FISSER and Martha Fisser, copartners d/b/a Fisser *&*v. Doornum (on their own behalf and on behalf of any other parties who are or may become interested), Libelants, v. The INTERNATIONAL BANK, Respondent.

United States District Court S. D. New York.

March 22, 1957.

*420Crowell, Rouse & Varían, New York City, for libelants.

Becker & Martin, New York City, for respondent.

DIMOCK, District Judge.

Libelants, Carl and Martha Fisser, move pursuant to Rule 30(b), F.R.Civ.P. to vacate a notice of the taking of their testimony in New York or, in the alternative, that the deposition be taken at Hamburg, West Germany, and that respondent defray libelants’ counsel’s expense of attending there or, in the alternative, that the examinations be taken on written interrogatories.

Libelants, residents of Hamburg, West Germany, bring this action to compel arbitration to determine the damage sustained due to respondent’s alleged breach of an affreightment contract. Respondent has not filed an answer. In an affidavit opposing this motion respondent alleges that it was not authorized to enter into the contract alleged, and that no officer acting on behalf of respondent was authorized to execute such a contract and that the statute of frauds is a defense. Respondent’s name does not appear in the charter party or as a signatory and it is libelants’ claim that the signatory acted as respondent’s agent.

Libelants allege without contradiction that the negotiations which resulted in the charter party were conducted between a brokerage firm in New York and a brokerage firm in Hamburg. Respondent does not suggest anything of value that might be disclosed by examining libelants.

The general rule is that a plaintiff, having chosen the forum, must submit to oral examination within the district he has chosen. Sweifler v. Sleco Laces, Inc., D.C.S.D.N.Y., 11 F.R.D. 202; Montgomery v. Sheldon, D.C.S.D.N.Y., 16 F.R.D. 34. However the defendant does not have an absolute right to examine the plaintiff orally at the forum. Hyam v. American Export Lines, 2 Cir., 213 F.2d 221; Timblo v. Rhode Island Insurance Company, D.C.S.D.N.Y., 16 F.R.D. 563. The respondent’s preference for oral examination at the forum must be weighed against his actual need, and the resulting burden to the libelants. Hyam v. American Export Lines, supra. The respondent has not shown that the necessary testimony cannot be secured by written interrogatories.

Libelants’ motion to vacate the notice to examine the libelants before trial will be granted unless respondent stipulates that the examination be taken at Hamburg and that respondent will pay libelants’ counsel’s expense of attending there, or that the depositions be taken on written interrogatories.
##### 



EXHIBIT 31.1 CERTIFICATION OF PERIODIC REPORT
PURSUANT TO SECTION 302 OF THE SARBANES-OXLEY ACT OF 2002 I, the undersigned Richard N. Snyder, Chief Executive Officer, of Forgent
Networks, Inc. (the Company), certify that:  1.
    
    I have reviewed this quarterly report on Form 10-Q of the
Company (the Report);2.
    
    Based on my knowledge, the Report does not contain any untrue
statement of a material fact or omit to state a material fact
necessary in order to make the statements made, in light of the
circumstances under which such statements were made, not misleading
with respect to the periods covered by this Report;3.
    
    Based on my knowledge, the financial statements, and other
financial information included in the Report, fairly present in all
material respects the financial condition, results of operations and
cash flows of the Company as of, and for, the periods presented in
the Report;4.
    
    The Companys other certifying officer and I are responsible
for establishing and maintaining disclosure controls and procedures
(as defined in Exchange Act Rules 13a-15(e) and 15d-15(e)) for the
Company and we have (a) designed such disclosure controls and
procedures, or caused such disclosure controls and procedures to be
designed under our supervision, to ensure that material information
relating to the Company, including its consolidated subsidiaries, is
made known to us by others within these entities, particularly
during the period in which the Report is being prepared; (b)
evaluated the effectiveness of the Companys disclosure controls and
procedures and presented in the Report our conclusions about the
effectiveness of the disclosure controls and procedures, as of the
end of the period covered by the Report based on such evaluation;
and (c) disclosed in the Report any change in the Companys internal
control over financial reporting that occurred during the Companys
most recent fiscal quarter (the quarter ended January 31, 2004) that
has materially affected, or is reasonably likely to materially
affect, the Companys internal control over financial reporting; and5.
    
    The Companys other certifying officer and I have disclosed,
based on our most recent evaluation of internal controls over
financial reporting, to the Companys auditors and to the Audit
Committee of the Board of Directors: (a) all significant
deficiencies or material weaknesses in the design or operation of
internal controls over financial reporting which are reasonably
likely to adversely affect the Companys ability to record, process,
summarize and report financial information; and (b) any fraud,
whether or not material, that involves management or other employees
who have a significant role in the Companys internal controls. /s/ RICHARD N. SNYDERRichard N. Snyder
Chief Executive Officer
March 16, 2004
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 amended quarterly report of ThermoEnergy Corporation (the
"Company") on Form 10-Q/A for the period ended March 31, 2009, as filed with the
Securities and Exchange Commission on the date hereof (the “Report"), I,
Dennis C. Cossey, Chairman and Chief Executive Officer of the Company, certify
to the best of my knowledge, 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 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.





Date:  December
22, 2009




By:
                /s/ Dennis C. CosseyName:
      Dennis C. CosseyTitle:
      Chairman and Chief Executive
Officer
#### Mary S. Hewsey, Appellant, *v.*The Queens Borough Gas & Electric Co., Respondent.

(Supreme Court, Appellate Term,

May, 1905.)

©as and electric light — Supply may he cut off — Notwithstanding deposit— Transportation Corporations Law.

Under section 68 of the Transportation Corporations Law (eh. 566, L. 1890) a gas and electric light company may cut off the supply of a customer who neglects to pay; and that though the customer may have made a deposit, as security, as required by section 66.

Appeal by the plaintiff from a judgment rendered in favor of the defendant in the Municipal Court of the city of New York, tenth district, borough of Manhattan.

Aaron J. Conlon, for appellant.

William Willett, Jr., for respondent.'

Scott, J.

Section 68 of the Transportation Corporations Law authorizes a gas or electric lighting company to cut off the supply of a customer if the latter shall neglect or refuse to pay the rent or remuneration due. It satisfactorily appears that there was a sum due from plaintiff, and that she neglected to pay after due notification to and demand upon those whom she had left in charge of her house. The deposit provided for by section 66 of the same act is not provided *376for as prepayment of rent, nor is it required to be made for the benefit of the customer but for that of the company, and the latter is entitled to require that it be kept intact .during the continuance of the relation.

There is no warrant in the statute for the proposition that the company is prohibited from cutting off the supply of gas until the amount of the deposit has been used up by charges for gas supplied. The defendant was, therefore, within its rights in cutting off plaintiff’s gas and no action will lie for damages therefor.

Tbuax and Dowling, JJ., concur..

Judgment affirmed, with costs.
I 

108TH CONGRESS 

2D SESSION H. R. 5366

To amend the Internal Revenue Code of 1986 to provide employers a double 

deduction of certain employee training expenses. 

IN THE HOUSE OF REPRESENTATIVES 

NOVEMBER 16, 2004

Mr. FOLEY introduced the following bill; which was referred to the Committee 

on Ways and Means 

A BILL

To amend the Internal Revenue Code of 1986 to provide 

employers a double deduction of certain employee training expenses.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. DOUBLE DEDUCTION OF CERTAIN EMPLOYEE 

4 TRAINING EXPENSES. 

5 (a) IN GENERAL.—Part VI of subchapter B of chap6 ter 1 of the Internal Revenue Code of 1986 (relating to 

7 itemized deductions for individuals and corporations) is 

8 amended by adding at the end the following new section: 
2

•HR 5366 IH 

1 ‘‘SEC. 200. DOUBLE DEDUCTION OF CERTAIN EMPLOYEE 

2 TRAINING EXPENSES. 

3 ‘‘(a) IN GENERAL.—There is allowed as a deduction 

4 amounts paid or incurred by the taxpayer during the tax5 able year for the training of employees of such taxpayer 

6 if—

7 ‘‘(1) such amounts are also deductible by the 

8 taxpayer for such taxable year as ordinary and nec9 essary business expenses under section 162(a), and 

10 ‘‘(2) such training constitutes—

11 ‘‘(A) an apprenticeship program recognized 

12 and certified by the Secretary of Labor under 

13 section 1 of the National Apprenticeship Act 

14 (29 U.S.C. 50), or 

15 ‘‘(B) a program licensed, registered, or 

16 certified by a State. 

17 ‘‘(b) LIMITATION BASED ON WAGES.—No deduction 

18 shall be allowed under this section to any taxpayer for any 

19 taxable year unless the amount of the deduction which 

20 would (but for this subsection) be so allowed equals or 

21 exceeds 1 percent of the total wages paid or incurred by 

22 such employer for such taxable year.’’. 

23 (b) CLERICAL AMENDMENT.—The table of sections 

24 for part VI of subchapter B of chapter 1 of such Code 

25 is amended by adding at the end the following new item:

‘‘Sec. 200. Double deduction of certain employee training expenses.’’.
3

•HR 5366 IH 

1 (c) EFFECTIVE DATE.—The amendments made by 

2 this section shall apply to expenses paid or incurred in 

3 taxable years ending after the date of the enactment of 

4 this Act.

Æ
NO. 07-08-0334-CV

IN THE COURT OF APPEALS

FOR THE SEVENTH DISTRICT OF TEXAS

AT AMARILLO

PANEL D

DECEMBER 3, 2008

______________________________

JESSE WALKER AND MELISSA WALKER, APPELLANTS

v.

HUNTERS CROSSING, APPELLEE

_________________________________

FROM THE COUNTY COURT AT LAW NO. 1 OF POTTER COUNTY;

NO. 96,861; HON. W. F. “CORKY” ROBERTS, PRESIDING

_______________________________

Before QUINN, C.J., and CAMPBELL and PIRTLE, JJ.

MEMORANDUM OPINION

Appellants Jesse and Melissa Walker filed a notice of appeal from a judgment

entered against them on August 14, 2008. The clerk’s record was filed in this Court on

October 13, and the reporter’s record, on October 9, 2008.
2

By letter of November 20, 2008, the Court reminded appellants that their brief was

due no later than Wednesday, November 12, and thus was past due. The letter notified

appellants that their appeal was subject to dismissal for want of prosecution unless their

brief was filed, along with a motion for extension of time, by Monday, December 1. See

Tex. R. App. P. 38.6.

An appellate court may dismiss an appeal for want of prosecution if an appellant

fails to timely file a brief unless the appellant reasonably explains the failure and the

appellee is not significantly injured by the failure. Tex. R. App. P. 38.8(a)(1). On its own

motion, with ten days’ notice to the parties, an appellate court may dismiss a civil appeal

for want of prosecution or failure to comply with a notice from the clerk requiring a

response or other action within a specified time. Tex. R. App. P. 42.3(b), (c). Here,

appellants have not filed a brief or a motion for extension by the date specified by the

Court, despite notice that their failure to do so would subject the appeal to dismissal. The

Court has given the parties the required ten days’ notice.

Accordingly, we dismiss appellants’ appeal for want of prosecution and failure to

comply with a notice from the Court. See Tex. R. App. P. 38,8(a)(1); 42.3(b), (c).

James T. Campbell

Justice
Case 3:11-cv-04195-AET-DEA Document 17 Filed 11/28/11 Page 1 of 8 PageID: 176
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