alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
Unassociated Document


    


      



      



      



      



    
      -5-

       

      IN
WITNESS WHEREOF, each of the parties has caused this Agreement to be duly
executed on its behalf as of the date first written above.

      


      


      


       

       

      TRANSWITCH
CORPORATION

      


      


      
        
          
            	
                     

                  	
                    /s/ Robert
      Bosi                                                                
      

                  
	
                    By:

                  	Robert
      Bosi
	
                    Title:

                  	Chief
      Financial Officer


          

        

      

               

                           

      


       

      
        	
                HOLDERS:

              	
                QVT
      Fund LP and

              


      

      Quintessence Fund L.P.,

      Each,
by its general partner,

      QVT
Associates GP LLC

      


      


      
        


        
          
            
              	
                       

                    	
                      /s/ Tracy
      Fu                                                                     
      

                    
	
                      By:

                    	Tracy
      Fu
	
                      Title:

                    	Managing
      Member
**INDEMNIFICATION        AGREEMENT**

*nolo        contendere *

*provided,        however, *

|   | FRONTIER                    OIL CORPORATION               |   |
|--------|-----------------------------------------------------------|--------|
|   |                                                      |   |
|   | By:                    __________________________________ |   |
|   | Name:                                                     |   |
|   | Title:                                                    |   |
|   |                                                      |   |
|   |                                                      |   |
|   |  __________________________________________          |   |
|   | Officer/Director                                          |   |
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 on Form 10-K of Oxis International, Inc. (the “Company”) for the year ended December 31, 2009, as filed with the Securities and Exchange Commission on the date hereof (the “Report”), Michael Handelman, Chief Financial Officer of the Company, hereby certifies, pursuant to 18 U.S.C. §1350, as adopted pursuant to §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.








Dated:  March 30, 2010
By: /s/ Michael HandelmanMichael HandelmanChief Financial Officer





This certification accompanies each Report pursuant to § 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 the Company for purposes of §18 of the Securities Exchange Act of 1934, as amended.





A signed original of this written statement required by Section 906 has been provided to the Company and will be retained by the Company and furnished to the Securities and Exchange Commission or its staff upon request.
<TABLE> <S> <C>

<PAGE>
<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM THE
COMPANY'S BALANCE SHEET, STATEMENT OF INCOME, AND STATEMENT OF CASH FLOW AND IS
QUALIFIED IN ITS ENTIRETY BY REFERENCE TO SUCH FINANCIAL STATEMENTS.
</LEGEND>
<MULTIPLIER> 1,000

<S>                             <C>
<PERIOD-TYPE>                   6-MOS
<FISCAL-YEAR-END>                          DEC-31-2000
<PERIOD-START>                             JAN-01-2000
<PERIOD-END>                               JUN-30-2000
<CASH>                                               0
<SECURITIES>                                         0
<RECEIVABLES>                                   26,859
<ALLOWANCES>                                     1,400
<INVENTORY>                                      3,003
<CURRENT-ASSETS>                                30,517
<PP&E>                                         203,750
<DEPRECIATION>                                 104,217
<TOTAL-ASSETS>                                 175,302
<CURRENT-LIABILITIES>                           21,049
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                      6,675
<COMMON>                                           161
<OTHER-SE>                                    (46,820)
<TOTAL-LIABILITY-AND-EQUITY>                   175,302
<SALES>                                          5,410
<TOTAL-REVENUES>                                51,945
<CGS>                                            4,313
<TOTAL-COSTS>                                   27,389
<OTHER-EXPENSES>                                17,013
<LOSS-PROVISION>                                   574
<INTEREST-EXPENSE>                              10,222
<INCOME-PRETAX>                                (2,679)
<INCOME-TAX>                                      (92)
<INCOME-CONTINUING>                            (2,587)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                   (2,587)
<EPS-BASIC>                                          0
<EPS-DILUTED>                                        0


</TABLE>
II 

114TH CONGRESS 

1ST SESSION S. 538 

To amend title 23, United States Code, with respect to the operation of 

longer combination vehicles on the Interstate System in the State of 

Idaho, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

FEBRUARY 24, 2015 

Mr. CRAPO (for himself and Mr. RISCH) introduced the following bill; which 

was read twice and referred to the Committee on Environment and Public 

Works 

A BILL 

To amend title 23, United States Code, with respect to 

the operation of longer combination vehicles on the Interstate System in the State of Idaho, and for other purposes. 

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

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Idaho Safe and Effi5 cient Vehicle Act of 2015’’. 

6 SEC. 2. LONGER COMBINATION VEHICLES IN IDAHO. 

7 Section 127 of title 23, United States Code, is 

8 amended by adding at the end the following: 


SSpencer on DSK4SPTVN1PROD with BILLS
2 

•S 538 IS

1 ‘‘(j) LONGER COMBINATION VEHICLES IN IDAHO.— 

2 No limit or other prohibition under this section, except 

3 as provided in this subsection, applies to a longer combina4 tion vehicle operating on a segment of the Interstate Sys5 tem in the State of Idaho if such vehicle— 

6 ‘‘(1) has a gross vehicle weight of 129,000 

7 pounds or less; and 

8 ‘‘(2) complies with the single axle, tandem axle, 

9 and bridge formula limits set forth in subsection 

10 (a).’’. 

Æ 


SSpencer on DSK4SPTVN1PROD with BILLS
<PAGE>   1
                                                                   EXHIBIT 11.1

Statement Regarding Computation of Per-Share Net Loss
<TABLE>
<CAPTION>

                                                      Three Months Ended               Nine Months Ended
                                                        September 30,                   September 30,
                                                   1995               1996            1995             1996
                                                ---------------------------       ----------------------------
                                                 (Pro forma)                       (Pro forma)
<S>                                             <C>              <C>              <C>              <C>         
Average shares outstanding ................     4,951,457 (A)      7,316,849        4,948,897 (A)    7,311,173

Net effect of anti-dilutive stock and stock
options and warrants (B) ..................               0                0                0                0
                                                ----------------------------      ----------------------------
Total .....................................       4,951,457        7,316,849        4,948,897        7,311,173
                                                ============================      ============================
Net Loss ..................................     ($1,076,189)     ($1,173,634)     ($3,676,621)     ($4,130,753)
                                                ============================      ============================
Per-share amount ..........................          ($0.22)          ($0.16)          ($0.74)          ($0.56)
                                                ============================      ============================

(A)  Assumes conversion of Preferred Stock into shares of Common Stock as if
     they had been converted on the original date of issuance, except for
     Preferred Stock issued within the twelve-month period preceding the filing
     of the Company's initial public offering, which is treated as outstanding
     for all periods prior to June 30, 1995, the latest period presented in the
     initial public offering. See (B).

(B)  Stock and stock options and warrants issued or granted within a twelve-month
     period preceding the filing of the Company's initial public offering are
     treated as outstanding for all periods prior to June 30, 1995. Subsequent
     to June 30, stock options and warrants are excluded as their effect is
     anti-dilutive.

</TABLE>

                                       12
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 #15251 and #15252; Vermont Disaster Number VT-00033]
 AGENCY: U.S. Small Business Administration.
 ACTION: Notice.
 SUMMARY: This is a Notice of the Presidential declaration of a major disaster for Public Assistance Only for the State of Vermont (FEMA-4330-DR), dated August 16, 2017.
 DATES: Issued on 08/16/2017. *Physical Loan Application Deadline Date:*
                         10/16/2017. *Economic Injury (EIDL) Loan Application Deadline Date:*
                         05/16/2018.
 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, (202) 205-6734.


SUPPLEMENTARY INFORMATION: Notice is hereby given that as a result of the President's major disaster declaration on 08/16/2017, Private Non-Profit organizations that provide essential services of a governmental nature may file disaster loan applications at the address listed above or other locally announced locations. *Incident:*
                     Severe Storms and Flooding. *Incident Period:*
                     06/29/2017 through 07/01/2017. The following areas have been determined to be adversely affected by the disaster: *Primary Counties:*
                     Addison, Bennington, Caledonia, Orange, Rutland, Washington, Windsor The Interest Rates are: Percent*For Physical Damage:*Non-Profit Organizations With Credit Available Elsewhere
2.500Non-Profit Organizations Without Credit Available Elsewhere
2.500*For Economic Injury:*Non-Profit Organizations Without Credit Available Elsewhere
2.500
 The number assigned to this disaster for physical damage is 15251B and for economic injury is 152520. (Catalog of Federal Domestic Assistance Number 59008) James E. Rivera, Associate Administrator for Disaster Assistance.


[FR Doc. 2017-17900 Filed 8-23-17; 8:45 am] BILLING CODE 8025-01-P
Exhibit 32

    Section 906 Certification of Chief Executive and Chief Financial Officer

                        GLOBAL ENTERTAINMENT CORPORATION
           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 on Form 10-QSB of Global  Entertainment
Corporation  (the Company) for the fiscal quarter  ending  February 29, 2008, as
filed with the  Securities  and  Exchange  Commission  on the date  hereof  (the
Quarterly  Report),  the undersigned Chief Executive Officer and Chief Financial
Officer of the Company each 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 Quarterly  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 Quarterly Report fairly presents, in
          all  material  respects,   the  financial  condition  and  results  of
          operations of the Company.

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 Company and will be retained by
the Company and furnished to the Securities and Exchange Commission or its staff
upon request.

Dated April 14, 2008


/s/ Richard Kozuback
-----------------------------------------------
Richard Kozbuack
President & Chief Executive Officer


/s/ James Yeager
-----------------------------------------------
James Yeager
Senior Vice President & Chief Financial Officer
* 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.

United States Court of Appeals

Fifth Circuit

FILED

January 3, 2007

Charles R. Fulbruge III

Clerk

IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

No. 06-50084

Summary Calendar

UNITED STATES OF AMERICA,

Plaintiff-Appellee,

versus

JOSE JIAMON ZELAYA-PARADA, also known as Jose Jaime 

Zelaya-Parada, also known as Jose Jaime Zelaya, also known

as Jose Jaime Parada 

Defendant-Appellant.

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

Appeal from the United States District Court

for the Western District of Texas

USDC No. 3:05-CR-1713-ALL

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

Before JOLLY, DENNIS, and CLEMENT, Circuit Judges.

PER CURIAM:*

Zelaya-Parada appeals his guilty-plea conviction of, and

sentence for, violating 8 U.S.C. § 1326 by being found in the

United States without permission after deportation. 

Zelaya-Parada argues, in light of Apprendi v. New Jersey, 530

U.S. 466 (2000), that the 31-month term of imprisonment imposed

in his case exceeds the statutory maximum sentence allowed for

the § 1326(a) offense charged in his indictment. He challenges

the constitutionality of § 1326(b)’s treatment of prior felony
No. 06-50084

-2-

and aggravated felony convictions as sentencing factors rather

than elements of the offense that must be found by a jury. 

Zelaya-Parada’s constitutional challenge is foreclosed by

Almendarez-Torres v. United States, 523 U.S. 224, 235 (1998). 

Although he contends that Almendarez-Torres was incorrectly

decided and that a majority of the Supreme Court would overrule

Almendarez-Torres in light of Apprendi, we have repeatedly

rejected such arguments on the basis that Almendarez-Torres

remains binding. See United States v. Garza-Lopez, 410 F.3d 268,

276 (5th Cir.), cert. denied, 126 S. Ct. 298 (2005). 

Zelaya-Parada properly concedes that his argument is foreclosed

in light of Almendarez-Torres and circuit precedent, but he

raises it here to preserve it for further review. 

Zelaya-Parada also argues that his guilty plea is not valid

because (1) the district court failed to give him full and

correct information regarding the maximum statutory penalty that

he would face for the offense and (2) the factual basis for his

plea was insufficient to establish that he was “found in” the

United States. Zelaya-Parada’s first argument is premised on the

unconstitutionality of § 1326. However, the Supreme Court has

held that § 1326 is constitutional. Almendarez-Torres, 523 U.S.

at 246. As to the second argument, Zelaya-Parada has not shown

plain error. See United States v. Vonn, 535 U.S. 55, 1054-55

2002; United States v. Pacheco-Medina, 212 F.3d 1162, 1163-64

(9th Cir. 2000).

As the Government seeks to enforce Zelaya-Parada's waiver of

sentencing issues and the waiver is valid, we do not address
No. 06-50084

-3-

those issues. See United States v. Story, 439 F.3d 226, 230-31

(5th Cir. 2006).

AFFIRMED.
**Exhibit 23.2**

 

Consent of Independent Auditors

 

We consent to the use of our report datedFebruary 22, 2006, with respect to the financial statements of XXCAL Japan,Inc. for the periods ended December 31, 2005 and January 31, 2005 included inthe Annual Report (Form 10-K) of National Technical Systems, Inc. for the yearended January 31, 2006.

 

 
|   /s/ Akira Wakatsuki |   |
|---------------------------------|--------|
| BA Tokyo & Co.              |
| MEMBER OF MAZARS                |
| Certified Public Accountants    |
|                            |
|                            |
| Tokyo, Japan                    |
| April 27, 2006                  |

 

----
<TABLE> <S> <C>

<PAGE>
<ARTICLE> 5

<S>                             <C>
<PERIOD-TYPE>                   9-MOS
<FISCAL-YEAR-END>                          DEC-31-2000
<PERIOD-START>                             JAN-01-2000
<PERIOD-END>                               SEP-30-2000
<CASH>                                      26,178,399
<SECURITIES>                                         0
<RECEIVABLES>                               12,481,502
<ALLOWANCES>                                   649,844
<INVENTORY>                                 11,510,092
<CURRENT-ASSETS>                            55,973,193
<PP&E>                                      22,245,631
<DEPRECIATION>                               5,600,348
<TOTAL-ASSETS>                              73,400,770
<CURRENT-LIABILITIES>                        5,665,421
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                       116,780
<OTHER-SE>                                  66,212,635
<TOTAL-LIABILITY-AND-EQUITY>                70,440,770
<SALES>                                     33,263,756
<TOTAL-REVENUES>                            35,717,174
<CGS>                                       23,054,263
<TOTAL-COSTS>                               24,844,179
<OTHER-EXPENSES>                             8,174,594
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                              13,967
<INCOME-PRETAX>                              3,653,293
<INCOME-TAX>                                   954,123
<INCOME-CONTINUING>                          2,699,171
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                 2,699,171
<EPS-BASIC>                                      $0.24
<EPS-DILUTED>                                    $0.21


</TABLE>
Opinion issued July 13, 2023

In The

Court of Appeals 

For The 

First District of Texas 

————————————

NO. 01-23-00435-CV

———————————

IN RE H-E-B, LP, Relator

Original Proceeding on Petition for Writ of Mandamus

MEMORANDUM OPINION

Relator, H-E-B, LP, filed a petition for a writ of mandamus challenging the 

trial court’s May 30, 2023 order transferring venue of the underlying trial court cause 

to Bexar County, Texas.

1

 Relator requests that the Court “enter a writ of mandamus 

1 The underlying case is Vanessa Toledo v. H-E-B, LP, H.E. Butt Grocery Company, 

H.E.B., Inc., and Ross Rhoton, Cause No. 2022-73790, in 190th District Court of 

Harris County, Texas, the Honorable Beau A. Miller presiding.
2

directing the [trial court] to order the transfer of venue to Montgomery County, [and] 

that HEB recover its costs of [c]ourt.”

Our review of relator’s mandamus petition reflects that relator has failed to 

establish that it is entitled to mandamus relief requested in the petition. Accordingly, 

we deny relator’s petition for writ of mandamus. See TEX. R. APP. P. 52.8(a). Any

pending motion is dismissed as moot.

PER CURIAM

Panel consists of Chief Justice Adams and Justices Guerra and Farris.
|    |                                                                                                                              |
|----|------------------------------------------------------------------------------------------------------------------------------|
| 1. | I have reviewed this Amendment No. 1 to the Annual Report on Form 10-K of Cole Office & Industrial REIT (CCIT II), Inc.; |
|    |                                                                                                                                                                                                                                                                                                            |
|----|------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|
| 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 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 report. |

|        |
|--------|
|        |  |  |  |
| Date:  | April 24, 2020 | /s/ AVRAHAM SHEMESH |
|   |   | Name: | Avraham Shemesh |
|   |   | Title: | Chief Executive Officer, President and Chairman of the Board of Directors(Principal Executive Officer) |
No. 1105.

#### Heath *v.*Frankel et al.

May 13, 1946.

*Collins Mason*for petitioner.

*Frederick S. Lyon*and *Lewis E. Lyon*for respondents.

Petition for writ of certiorari to the Circuit Court of Appeals for the Ninth Circuit denied.