alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
[DO NOT PUBLISH]

IN THE UNITED STATES COURT OF APPEALS

FOR THE ELEVENTH CIRCUIT

________________________
No. 15

- 12931 Non

- Argument Calendar

________________________
D.C. Docket No s

. 5:14

- cv

- 00339

- MTT ; 1:10

- bkc

- 50309

- JPS

In re: PMF ENTERPRISES, INC.,

Debtor.

___________________________________________________ PMF ENTERPRISES, INC.,

Plaintiff

- Appellant,

versus

SOUTHCREST BANK,

Defendant

- Appellee.

________________________ Appeal from the United States District Court for the Middle District of Georgia

_______ _________________ (June 10, 2016) Case: 15-12931 Date Filed: 06/10/2016 Page: 1 of 22 Before MARTIN

, JILL PRYOR and ANDERSON , Circuit Judges.

PER CURIAM:

Appellant PMF Enterprises, Inc. (“PMF”) appeals the district court’s

judgment affirming a bankruptcy court order overruling PMF’s objection to a proof

of claim filed b y Appellee SouthCrest Bank (“SouthCrest”) . After carefully

reviewing the record and the parties’ briefs, we affirm the district court’s judgment

based on the district court’s well

- reasoned order filed on June 1, 2015. 1

AFFIRMED.

1 SouthCrest also raises a challenge to our jurisdiction to hear PMF’s appeal. We have recognized that our jurisdiction “in bankruptcy proceedings is limited to final decisions of the district court.” Guy v. Dzikowski ( In re Atlas ) , 210 F.3d 1305, 1307 (11th Cir. 2000); see 28 U.S.C. § 158(d). Because “[a] bankruptcy involves an aggregation of individual controversies,” an order in a bankruptcy case “may be immediately appealed if [it] finally dispose[ s] of discrete disputes within the larger case.” Bullard v. Blue Hills Bank , 135 S. Ct. 1686, 1692 (2015). We conclude that the bankruptcy court’s order overruling PMF’s objection was a final decision . It, in effect, allowed SouthCrest’s proof of claim in the amount filed and left no unresolved dispute about the merits of SouthCrest’s claim. See, e.g.

, Linton v. Grow , 183 B.R. 838, 839 (S.D. Ind. 1995) (recognizing that order overruling objection to claim “resolved the issue of whether [the] claim was a ccepted” and thus “was a final appealable order”); Allen v. Geneva Steel Co. ( In re Geneva Steel Co. ) , 260 B.R. 517 (B.A.P. 10th Cir. 2001) (“An order on an objection to a claim is a final order . . . .”).

Case: 15-12931 Date Filed: 06/10/2016 Page: 2 of 2
Exhibit 31

SEMT 2013-6

EX-31 Rule 13a-14(d)/15d-14(d) Certification.

I, Christopher J. Abate, certify that:

1.    I have reviewed this report on Form 10-K and all reports on Form 10-D required to be filed in respect of the period covered by this report on Form 10-K of Sequoia Mortgage Trust 2013-6 (the
Exchange Act periodic reports);

2.    Based on my knowledge, the Exchange Act periodic reports, taken as
a whole, do 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;

3.    Based on my knowledge, all of the distribution, servicing and other information
required to be provided under Form 10-D for the period covered by this report is included in the Exchange Act periodic reports;

4.    Based on my knowledge and the servicer compliance statements required in this report under Item 1123 of Regulation
AB, and except as disclosed in the Exchange Act periodic reports, the servicers have fulfilled their obligations under the servicing agreements in all material respects; and

5.    All of the reports on assessment of compliance with servicing criteria for asset-backed securities and their related
attestation reports on assessment of compliance with servicing criteria for asset-backed securities required to be included in this report in accordance with Item 1122 of Regulation AB and Exchange Act Rules
13a-18 and 15d-18 have been included as an exhibit to this report, except as otherwise disclosed in this report. Any material instances of noncompliance described in
such reports have been disclosed in this report on Form 10-K.

In giving the certifications above,
I have reasonably relied on information provided to me by the following unaffiliated parties: Cenlar, FSB as Servicer, Wells Fargo Bank, N.A. as Custodian and Master Servicer, and Citibank, N.A. as Securities Administrator and Paying Agent.

Date: March 31, 2017



|                                                             
|-------------------------------------------------------------
|/s/ Christopher J. Abate                                     
|Signature                                                    
|                                                             
|Chairman of the Board, President and Chief Financial Officer 
|(senior officer in charge of securitization of the depositor)
EX-31 Rule 13a-14(d)/15d-14(d) Certification.
  I, Anthony Sfarra, certify that:
  1. I have reviewed this report on Form 10-K and all reports on Form 10-D required to be filed in respect of the period covered by this report on Form 10-K of the WFRBS Commercial Mortgage Trust 2013-C14 (the “Exchange Act periodic reports”);
  2. Based on my knowledge, the Exchange Act periodic reports, taken as a whole, do 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;
  3. Based on my knowledge, all of the distribution, servicing and other information required to be provided under Form 10-D for the period covered by this report is included in the Exchange Act periodic reports;
  4. Based on my knowledge and the servicer compliance statements required in this report under Item 1123 of Regulation AB, and except as disclosed in the Exchange Act periodic reports, the servicers have fulfilled their obligations under the servicing agreements in all material respects; and
  5. All of the reports on assessment of compliance with servicing criteria for asset-backed securities and their related attestation reports on assessment of  compliance with servicing criteria for asset-backed securities required to be included in this report in accordance with Item 1122 of Regulation AB and Exchange Act Rules 13a-18 and 15d-18 have been included as an exhibit to this report, except as otherwise disclosed in this report. Any material instances of noncompliance described in such reports have been disclosed in this report on Form 10-K.
  In giving the certifications above, I have reasonably relied on information provided to me by the following unaffiliated parties: CoreLogic Commercial Real Estate Services, Inc. as Vendor for Wells Fargo as Master Servicer and General Master Servicer, National Tax Search, LLC as Vendor for Wells Fargo as Master Servicer and General Master Servicer, Park Bridge Lender Services LLC as Trust Advisor for the Cumberland Mall Mortgage Loan and the 100 and 150 South Wacker Drive Mortgage Loan, Pentalpha Surveillance LLC as Trust Advisor, Rialto Capital Advisors, LLC as Special Servicer, Prudential Asset Resources, Inc., as Primary Servicer, Rialto Capital Advisors, LLC as Special Servicer for the 100 & 150 South Wacker Drive & Cumberland Mall Mortgage Loans, Wells Fargo Bank, N.A. as Custodian for the 100 & 150 South Wacker Drive & Cumberland Mall Mortgage Loans, Wells Fargo Bank, N.A. as Master Servicer for the 100 & 150 South Wacker Drive & Cumberland Mall Mortgage Loans and Wells Fargo Bank, N.A., as Certificate Administrator and Trustee for the 100 & 150 South Wacker Drive  & Cumberland Mall Mortgage Loans.
  Dated:   August 29, 2014
   /s/ Anthony Sfarra
 Signature
  President
 (senior officer in charge of securitization of the depositor)
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 this Amendment No. 1 to the Annual Report of Ashford Hospitality Prime, Inc. (the “Company”) on Form 10-K for the fiscal year ended December 31, 2016, as filed with the Securities and Exchange Commission on the date hereof (the “Report”), I, Deric S. Eubanks, 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 my knowledge:





|    |                                                                                                                                  
|--- | ---------------------------------------------------------------------------------------------------------------------------------
|(1) | The Report fully complies with the requirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934, as amended; 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: March 16, 2017





/s/DERIC S. EUBANKSDeric S. EubanksChief Financial Officer
**EXHIBIT 10.10**

 

**CONVERTIBLE PROMISSORY NOTE**

 

January 23, 2020

 

| **PRINCIPAL AMOUNT: USD$200,000** | **DUE: July 20, 2020** |
|----------------------------------------|-----------------------------|

 

FOR VALUE RECEIVED, the undersigned Allied Corp. (the "**Borrower**" or the “**Company**”), company incorporated under the laws of the State of Nevada, hereby promises to pay CA INDOSUEZ (SWITZERLAND) SA (the "**Lender**"), at such address or at such other place as the Lender may from time to time designate by written notice to the Borrower, the principal amount of TWO HUNDRED THOUSAND DOLLARS ($200,000) DOLLARS, ON DEMAND at any time after 179 days from the date hereof (the "**Principal Amount**"), in lawful money of the United States of America, with simple interest at 10% per annum..

 

The Borrower may pre-pay the Principal Amount and any unpaid interest or any portion thereof at any time and from time to time without notice, further interest, bonus or penalty provided, however, that a minimum of six months interest shall be payable from the date hereof regardless of such repayment date.

 

At the option of Lender, this note is convertible at any time through that date which is 179 days from the date of issuance at a conversion price of $1.25 per share. Unless otherwise agreed in writing by both parties, at no time will the Lender convert any amount of this Note into common stock that would result in the Lender owning more than 9.9% of the common stock outstanding.  

 

At the option of the Lender upon closing of any equity based financing for the Company, Lender may require the Company to redeem this Note (to the extent available as net proceeds from any such financing) through repayment of any and all principal amount remaining due together with any accrued but unpaid interest, without further interest, bonus or penalty provided, however, that a minimum of six months interest shall be payable from the date hereof through such redemption date.

 

The Company hereby grants to Lender a security interest in the Company’s collateral pursuant to the terms of that certain Security Agreement of even date herewith, a copy of which is attached as Exhibit A hereto (the “Security Interest”).

 

PRESENTMENT for payment, demand, protest and notice of dishonour and protest hereof are hereby waived.

 

THIS PROMISSORY NOTE is governed by and shall be interpreted pursuant to the laws of the State of Nevada and all federal laws of the United States of America applicable therein.

 

THIS PROMISSORY NOTE is not assignable by the Borrower without the prior written consent of the Lender.

 

| **ALLIED CORP.** |                           |
|------------------|--------------------------------|
|             |                           |   |
| By:              | **                        |   |
|             | Name: Calum Hughes             |   |
|             | Title: Chief Executive Officer |   |
Exhibit 13.2
  CERTIFICATION
  The certification set forth below is being submitted in connection with the Annual Report of Prosensa Holding N.V. in liquidatie on Form 20-F for the fiscal year ended December 31, 2014 (the “Report”) for the purpose of complying with Rule 13a-14(b) or Rule 15d-14(b) of the Securities Exchange Act of 1934 (the “Exchange Act”) and Section 1350 of Chapter 63 of Title 18 of the United States Code.
  Brian R. Mueller, Group Vice President, Corporate Controller and Chief Accounting Officer of BioMarin Pharmaceutical Inc., the indirect majority shareholder of Prosensa Holding N.V. in liquidatie, certifies that, to the best of his knowledge:
  1.
the Report fully complies with the requirements of Section 13(a) or 15(d) of the Exchange Act; and
  2.
the information contained in the Report fairly presents, in all material respects, the financial condition and results of operations of Prosensa Holding N.V. in liquidatie.
  Date: April 30, 2015
  /s/ Brian R. MuellerBrian R. MuellerGroup Vice President, Corporate Controller and Chief Accounting Officer of BioMarin Pharmaceutical Inc.
**Exhibit 32.1**

**CERTIFICATIONPURSUANT TO 18 U.S.C. SECTION 1350,AS ADOPTED PURSUANT TO SECTION 906OF THE SARBANES-OXLEY ACT OF 2002**

In connection withthe Annual Report of NATIONAL TECHNICAL SYSTEMS, INC. (the “Company”) on Form 10-Kfor the period ending January 31, 2007 as filed with the Securities andExchange Commission on the date hereof (the “Report”), I, William Mc Ginnis,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, tomy knowledge:

(1)          The Report fullycomplies with the requirements of Section 13(a) or 15(d) of theSecurities Exchange Act of 1934, as amended; and

(2)          Theinformation contained in the Report fairly presents, in all material respects,the financial condition and results of operations of the Company, as of, andfor, the periods presented in the Report.

| Dated: April 30, 2007 |   | /s/ WILLIAM MCGINNIS                                                    |
|-----------------------|--------|-------------------------------------------------------------------------|
|                  |   | William McGinnis,                                                       |
|                  |   | *Chief  Executive Officer  and Director  (Principal Executive Officer)* |

 

A signed original of this written statement requiredby Section 906 has been provided to the Company and will be retained bythe Company and furnished to the Securities and Exchange Commission or itsstaff upon request.

----
```

[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[S. Con. Res. 50 Enrolled Bill (ENR)]

        S.Con.Res.50
                                         Agreed to July 25, 2016        

                     One Hundred Fourteenth Congress

                                 of the

                        United States of America

                          AT THE SECOND SESSION

           Begun and held at the City of Washington on Monday,
           the fourth day of January, two thousand and sixteen

                          Concurrent Resolution

    Resolved by the Senate (the House of Representatives concurring), 
That, in consonance with section 132(a) of the Legislative 
Reorganization Act of 1946, when the House adjourns on any legislative 
day from Friday, July 15, 2016, through Friday, September 2, 2016, on a 
motion offered pursuant to this concurrent resolution by its Majority 
Leader or his designee, it stand adjourned until 2 p.m. on Tuesday, 
September 6, 2016, or until the time of any reassembly pursuant to 
section 2 of this concurrent resolution, whichever occurs first.
    Sec. 2.  (a) The Speaker or his designee, after consultation with 
the Minority Leader of the House, shall notify the Members of the House 
to reassemble at such place and time as he may designate if, in his 
opinion, the public interest shall warrant it.
     (b) After reassembling pursuant to subsection (a), when the House 
adjourns on a motion offered pursuant to this subsection by its 
Majority Leader or his designee, the House shall again stand adjourned 
pursuant to the first section of this concurrent resolution.
Attest:

                                               Secretary of the Senate.
Attest:

                                 Clerk of the House of Representatives.
```
Michigan Supreme Court

Lansing, Michigan

Robert P. Young, Jr.,

 Chief Justice

Michael F. Cavanagh

Marilyn Kelly

Stephen J. Markman

Diane M. Hathaway

Mary Beth Kelly

Brian K. Zahra, Justices

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. 

 _________________________________________ 

 Clerk

May 21, 2012 

d0514 

Order 

 

May 21, 2012 

144526 

PEOPLE OF THE STATE OF MICHIGAN, 

Plaintiff-Appellee, 

v SC: 144526 

 COA: 307439 

Bay CC: 10-010489-FH 

REBECCA SUE SCHALK, 

Defendant-Appellant. 

_________________________________________/ 

 On order of the Court, the application for leave to appeal the January 9, 2012 order 

of the Court of Appeals is considered, and it is DENIED, because we are not persuaded 

that the question presented should be reviewed by this Court.
<TABLE> <S> <C>

<ARTICLE> 5
<MULTIPLIER> 1000

<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                          FEB-03-2001
<PERIOD-END>                               APR-29-2000
<CASH>                                            9107
<SECURITIES>                                         0
<RECEIVABLES>                                    12354
<ALLOWANCES>                                         0
<INVENTORY>                                     296827
<CURRENT-ASSETS>                                329562
<PP&E>                                          114492
<DEPRECIATION>                                       0
<TOTAL-ASSETS>                                  522545
<CURRENT-LIABILITIES>                           385595
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                           100
<OTHER-SE>                                       22937
<TOTAL-LIABILITY-AND-EQUITY>                    522545
<SALES>                                         314925
<TOTAL-REVENUES>                                317896
<CGS>                                           227556
<TOTAL-COSTS>                                   227556
<OTHER-EXPENSES>                                106436
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                7384
<INCOME-PRETAX>                                (23480)
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                            (23480)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                   (23480)
<EPS-BASIC>                                   (2.36)
<EPS-DILUTED>                                   (2.36)


</TABLE>
Director Compensation Arrangements (Management compensation plan or arrangement)



 Exhibit 10.21 
 2008 Director Compensation Package 
 On May 29, 2008, the Board of Directors of
Radiant Systems, Inc. (the “Company”) approved a new compensation package for the non-employee members of the Board of Directors and its committees. On December 2, 2008, the Board of Directors of the Company revised certain portions
of the compensation package. 
 Each non-employee director of the Company will be paid an annual retainer of $35,000. A $15,000 annual retainer will be paid
to the Audit Committee Chairman, a $10,000 annual retainer will be paid to the Compensation Committee Chairman and a $5,000 annual retainer will be paid to the Chairman of any other committee. An annual retainer of $10,000 will be paid to the Audit
Committee members and an annual retainer of $5,000 will be paid to the Compensation Committee members. All annual cash retainers shall be paid quarterly. In addition, each non-employee director will be paid a year-end cash award of $40,000.

 Each non-employee director of the Company will receive an annual grant of 9,000 shares of the Company’s restricted common stock and options to
purchase 6,250 shares of the Company’s common stock on the last business day of each fiscal year of the Company. The restricted common stock and options vest over a period of six months from the date of grant. The options have an exercise price
equal to the fair market value of the Company’s common stock on the date of grant and expire, unless previously exercised or terminated, seven years from the date of grant. 
 In addition, all new non-employee directors of the Company receive a one-time grant of an option to purchase 25,000 shares of the Company’s common stock at an exercise price equal to the fair market value of the
stock on the date of grant, which options vest over a period of three years. All such options expire, unless previously exercised or terminated, seven years from the date of grant.
NOTICE: NOT FOR OFFICIAL PUBLICATION. UNDER ARIZONA RULE OF THE SUPREME COURT 111(c), THIS DECISION IS NOT PRECEDENTIAL AND MAY BE CITED ONLY AS AUTHORIZED BY RULE

.

IN THE 

## A RIZONA 

## C OURT OF 

## A PPEALS

D IVISION O NE

STATE OF ARIZONA , Respondent ,

v.
DOUGLAS BORCHERS , Petitioner

. No. 1 CA

- CR 20

- 0070 PRPC

Appeal from the Superior Court in Coconino County

No. CR1974

- 006459 The Honorable Mark R. Moran , Judge REVIEW GRANTED; RELIEF DENIED

COUNSEL Douglas Borchers , Florence Petitioner Coconino County Attorney’s Office , Flagstaff By Mark Huston C ounsel for Respondent

MEMORANDUM DECISION Presiding Judge Samuel A. Thumma, Judge Randall M. Howe and Judge Cynthia J. Bailey delivered the decision of the Court

. FILED 6-16-2020STATE v. BORCHERS Decision of the Court

2 PER CURIAM : ¶1 Petitioner Douglas Borchers seeks review of the superior court's order denying his petition for post

- conviction relief, filed pursuant to Arizona Rule of Criminal Procedure 32.1. This is petitioner's third petition. ¶2 Absent an abuse of discretion or error of law, this court will not disturb a superior court's ruling on a petition for post

- conviction relief. State v. Gutierrez , 2 29 Ariz. 573, 577, ¶ 19 (2012). It is petitioner's burden to show that the superior court abused its discretion by denying the petition for post

- conviction relief. See State v. Poblete , 227 Ariz. 537, 538, ¶ 1 (App. 2011) (petitioner has burden of establ ishing abuse of discretion on review). ¶3 We have reviewed the record in this matter, the superior court's order denying the petition for post

- conviction relief, and the petition for review. Petitioner has not established an abuse of discretion. ¶4 For the fore going reasons, we grant review but deny relief.