alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### George McKAIN, Plaintiff, v. STATES MARINE LINES, Defendant and Third-Party Plaintiff, v. JARKA CORPORATION OF PHILADELPHIA, Third-Party Defendant.

No. 31372.

United States District Court E. D. Pennsylvania.

April 19, 1963.

Joseph Weiner, of Freedman, Landy & Lorry, Philadelphia, Pa., for George Mc-Kain.

John W. Ennis, Jr., of Krusen, Evans & Byrne, Philadelphia, Pa., for States Marine Lines.

David L. Pennington, of Joseph K, Thompson, Philadelphia, Pa., for Jarka Corporation.

BODY, District Judge.

This action was originally brought in Common Pleas Court in Philadelphia County on May 5, 1961. On July 21, 1961 Jarka Corporation of Philadelphia (Jarka) entered an appearance pursuant to defendant’s praecipe for a suit to join Jarka as third-party defendant. Subsequently, the Supreme Court of Pennsylvania ruled that joinder of an. assumpsit action over against an additional defendant in a trespass action is. improper under Pennsylvania law. Lloyd v. Victory Carriers, Inc., 402 Pa. 484, 167 A.2d 689 (1961). Then, on October 16, 1961 the parties stipulated to the withdrawal of the writ to join Jarka as additional defendant. The original parties, agreed that the amount in controversy exceeds $10,000 and since diversity is-*426present a petition for removal to this Court was filed on May 1, 1962. The third party complaint was filed here on May 23, 1962. Joinder of Jarka was allowed by order of this Court on May 23, 1962.

Jarka now seeks dismissal of the suit against it on the ground that Local Rule 19, Rules of the United States District Court, Eastern District of Pennsylvania, does not permit joinder of an additional defendant when more than six months elapse between the filing of an answer and the motion to join.'

There was a lapse of only twenty-three (23) days between the filing of petition for removal to this Court and the filing of the third-party complaint. There was no delay or neglect upon the part of defendant in the Common Pleas suit. The state of the law in 1961 was uncertain regarding the propriety of joinder in Pennsylvania. Defendant did all that he could have done to effectuate prompt joinder. Jarka cannot complain of a lack of notice.

My Brother, Judge John W. Lord, Jr. decided under circumstances similar to the facts in this case that a motion to dismiss the third-party complaint should be denied. Rodack v. National Development Co. v. Able Marine Maintenance Co., Civil Action No. 31749. The order entered therein denied the motion when a year and one-half had passed after the filing of the answer to the original complaint in Common Pleas Court.

It is my opinion that since the facts are sufficiently identical, Judge Lord’s order should rule this case. It appears that defendant, third-party plaintiff, was at no time dilatory or derelict and that no prejudice will result to third-party defendant upon denial of the motion.

ORDER

And now, this nineteenth day of April, 1963, pursuant to the above discussion, it is ordered that the Third-Party Defendant’s Motion to Dismiss be, and the same is hereby denied.
Exhibit 32.1 Certification of Chief Executive Officer Pursuant to Section 906 of the Sarbanes-Oxley Act of 2002 (18 U.S.C. 1350) In connection with this Annual Report on Form 10-K (the Report) of Alcentra Capital Corporation (the Registrant), as filed with the Securities and Exchange Commission on the date hereof, I, Paul J. Echausse, the Chief Executive Officer of the Registrant, hereby certify, to the best of my knowledge, that: (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 Registrant. /s/ Paul J. EchausseName: Paul J. Echausse Date:  March 9, 2016
Electronically Filed Intermediate Court of Appeals CAAP-17-0000082 05-JAN-2018 10:39 AM
```

[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2416 Introduced in House (IH)]

112th CONGRESS
  1st Session
                                H. R. 2416

To extend temporarily the treatment of Monroe County, Pennsylvania, as 
                   a HUBZone, and for other purposes.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                              July 6, 2011

 Mr. Barletta introduced the following bill; which was referred to the 
                      Committee on Small Business

_______________________________________________________________________

                                 A BILL

 
To extend temporarily the treatment of Monroe County, Pennsylvania, as 
                   a HUBZone, and for other purposes.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Monroe County HUBZone Extension Act 
of 2011''.

SEC. 2. MONROE COUNTY, PENNSYLVANIA.

    Monroe County, Pennsylvania, shall be treated as a HUBZone under 
the Small Business Act (15 U.S.C. 631 et seq.) during the 3-year period 
beginning on October 1, 2011.
                                 <all>
```
**Exhibit
      32.1**





CERTIFICATION
      OF PRESIDENT AND CHIEF EXECUTIVE OFFICER


PURSUANT
      TO 18 U.S.C. ss. 1350,


AS
      ADOPTED PURSUANT TO


SECTION
      906 OF THE SARBANES-OXLEY ACT OF 2002





In
      connection with the Quarterly Report of ATSI Communications, Inc. on Form 10-QSB
      for the period ending October 31, 2005, as filed with the Securities and
      Exchange Commission on the date hereof, I, Arthur L. Smith, President and Chief
      Executive Officer of the Company, certify, pursuant to 18 U.S.C, ss. 1350,
      as
      adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that,




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




2)  the
      information in the Report fairly presents, in all material respects, the
      financial condition and result of operations of the Company.




By
              /s/ Arthur L. SmithArthur
              L. SmithPresident
                and
              Chief
                Executive OfficerDecember 15,
              2005
**EXHIBIT 32.1**

 

**CERTIFICATION OF CHIEF EXECUTIVE OFFICER AND**

**CHIEF FINANCIAL OFFICER**

**PURSUANT TO**

**18 U.S.C. SECTION 1350,**

**AS ADOPTED PURSUANT TO**

**SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002**

 

In connection with the annual Report of Right On Brands, Inc. (the "Company") on Form 10-K for the year ended March 31, 2019 filed with the Securities and Exchange Commission (the "Report"), I, A.David Youssefyeh, Chief Financial Officer of the Company, certify, pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that:

 

|   | 1. | The Report fully complies with the requirements of Section 13(a) of the Securities Exchange Act of 1934; and                                                                                                                                         |
|--------|----|------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|
|        |    |                                                                                                                                                                                                                                                      |
|   | 2. | The information contained in the Report fairly presents, in all material respects, the consolidated financial condition of the Company as of the dates presented and the consolidated result of operations of the Company for the periods presented. |

 

| By:    | */s/ A.David Youssefyeh*    |   |
|--------|-----------------------------|--------|
| Name:  | A.David Youssefyeh          |   |
| Title: | Principal Financial Officer |   |
| Date:  | July 24, 2019               |        |

 

This certification has been furnished solely pursuant to Section 906 of the Sarbanes-Oxley Act of 2002.
Exhibit 32.1
 CERTIFICATION
OF CHIEF EXECUTIVE OFFICER
 PURSUANT TO SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002
  (a)
    
    the Form 10-Q of the Company for the quarter ended March 31, 2008 filed on the date
hereof with the Securities and Exchange Commission (the Report) fully complies with the
requirements of Section 13(a) or 15(d) of the Securities and Exchange Act of 1934; and(b)
    
    the information contained in the Report fairly presents, in all material respects, the
financial condition and results of operations of the Company.
 By:
    /s/ KENNETH D. TUCHMANKenneth D. TuchmanChairman and Chief Executive Officer
Exhibit 32(b)

CFO CERTIFICATION OF PERIODIC FINANCIAL REPORT PURSUANT TO 18 U.S.C. SECTION
1350


I hereby certify pursuant to 18 U.S.C. section 1350, as adopted pursuant to
section 906 of the Sarbanes-Oxley Act of 2002, to the best of my knowledge and
belief, that the accompanying Form 10-QSB of CN Bancorp, Inc. (the "Company")
for the quarterly period ended September 30, 2004, fully complies with the
requirements of section 13(a) or 15(d) of the Securities Exchange Act of 1934
(15 U.S.C. 78m or 78o(d)); and that the information contained in this Form
10-QSB fairly presents, in all material respects, the financial condition and
results of operations of the Company.


/s/ Michael T. Storm
--------------------

Michael T. Storm
Chief Financial Officer
November 5, 2004


                                       25


<PAGE>
Exhibit 35.3












ANNUAL STATEMENT AS TO COMPLIANCE

COMM 2013-CCRE9

The undersigned, David Co, a Director of Deutsche Bank Trust
Company Americas, as the Certificate Administrator (a “Certifying Servicer”) under the Pooling and Servicing Agreement,
dated as of July 1, 2013 (the “Agreement”), by and among, Deutsche Mortgage & Asset Receiving Corporation, as Depositor,
KeyCorp Real Estate Capital Markets, Inc., as Master Servicer, Midland Loan Services, a Division of PNC Bank, National Association,
as Special Servicer, U.S. Bank National Association, as Trustee, Deutsche Bank Trust Company Americas, as Certificate Administrator,
Paying Agent and Custodian, and Park Bridge Lender Services LLC, as Operating Advisor, here by certifies in accordance with Section
10.11 of the Agreement:



| | A) | A review of such Certifying Servicer’s activities from January 1, 2015 to December 31, 2015 (the “reporting period”)
and of such Certifying Servicer’s performance under the Agreement has been made under such officer’s supervision and
| | -- | -----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------

| | B) | That, as to the best of such officer’s knowledge, based on such review, such Certifying Servicer has fulfilled all its
obligations under the Agreement, in all material respects throughout the reporting period.
| | -- | -----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------



DEUTSCHE BANK TRUST COMPANY AMERICAS

as Certificate Administrator





BY: David Co

Title: Director

Date: March 1, 2016
Exhibit 32.2

CERTIFICATION OF PRINCIPAL FINANCIAL OFFICER

PURSUANT TO

SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

(18 U.S.C. SECTION 1350)

In connection with the Annual Report of New
Media Investment Group Inc. (the Company) on Form 10-K for the fiscal year ended December 29, 2013 as filed with the Securities and Exchange Commission on the date hereof (the Report), the undersigned certifies, pursuant
to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that:

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

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



/s/    GREGORY W.
FREIBERGGregory W. Freiberg Chief Financial Officer (Principal Financial Officer)
March 19, 2014
| (logo) WELLS FARGO | **Corporate Trust Services**

  MAC R1204-010  9062 Old Annapolis Road  Columbia, MD 21045  Tel: 410 884 2000  Fax: 410 715 2380 |
|--------------------|----------------------------------------------------------------------------------------------------------------------------------|

 

 

Banc of America Merrill LynchCommercial Mortgage Inc.

Bank of America Tower

One Bryant Park

New York, New York 10036

 

 

Re:         Annual Statement of Compliance for Morgan Stanley Bank of America Merrill LynchTrust 2013-C11, Commercial Mortgage Pass-Through Certificates, Series 2013-C11

 

 

Per the Pooling and ServicingAgreement dated as of August 1, 2013 (the "Agreement"), theundersigned, a duly authorized officer of Wells Fargo Bank, N.A., asCertificate Administrator ("Wells Fargo"), hereby certifies asfollows as of and for the year ending December 31, 2016 (the "ReportingPeriod"):

 

(a)          A review of Wells Fargo's activities during the Reporting Period and of itsperformance under the Agreement has been made under such officer's supervision;and

 

(b)          To the best of such officer's knowledge, based on such review, Wells Fargo hasfulfilled all of its obligations under the Agreement in all material respectsthroughout the Reporting Period.

 

 

February 22, 2017

 

 

/s/ Brian Smith

BRIAN SMITH

Vice President

 

 

| Wells Fargo Bank, N.A. | (logo) Together we’ll  go far |
|------------------------|-------------------------------------|
**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 Quarterly Report of Amarillo Biosciences, Inc. on Form
      10-QSB for the period ended June 30, 2007 as filed with the Securities and
      Exchange Commission on the date hereof (the "Report"), each of the undersigned,
      in the capacities and on the dates indicated below, hereby certifies 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 his 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 operation of the Company.






Date:
      August 13, 2007   By: /s/
      Joseph M. Cummins


Joseph
      M.
      Cummins


President,
      Chief
      Executive Officer








Date:
      August 13, 2007   By: /s/
      Gary W. Coy


Gary
      W. Coy


Vice
      President, Chief
      Financial 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


In connection with the Annual Report on Form 10-K of Phillips Edison—ARC Grocery Center REIT II, Inc. (the “Registrant”) for the year ended December 31, 2013 , as filed with the Securities and Exchange Commission on the date hereof (the “Report”), the undersigned, Jeffrey S. Edison, Chief Executive Officer of the Registrant, hereby certifies, pursuant to 18 U.S.C. § 1350, as adopted pursuant to § 906 of the Sarbanes-Oxley Act of 2002, that, to the best of his knowledge and belief:


|   |                                                                                                                      
|-- | ---------------------------------------------------------------------------------------------------------------------
|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 Registrant.

Date: March 6, 2014





/s/ Jeffrey S. EdisonJeffrey S. EdisonChairman of the Board andChief Executive Officer
ex10-1.htm


Exhibit 10.1







Saints Capital Granite, L.P.


475 Sansome Street, Suite 1850


San Francisco, CA 94111


 


December 28, 2011


 


Merisel, Inc.


127 W. 30th Street, 5th Floor


New York, NY 10001


 


Attn:  Special Committee of the Board of Directors


 


To the Special Committee:


 


Following our recent discussions, Saints Capital Granite, L.P. (Saints Capital) is pleased to confirm its proposal to acquire the outstanding shares of common stock of Merisel, Inc. not currently owned by Saints Capital at a purchase price of $1.35 per share.


 


We believe that our offer is fair to and in the best interest of Merisel and its public shareholders. Although this transaction does not represent a change of control, this offer price represents a premium in excess of 100% to the average closing price of Merisel common stock for the 20 trading days ending on December 27, 2011.


 


We anticipate that the deal would be structured as a tender offer or merger between Merisel and a direct or indirect wholly owned subsidiary Saints Capital.  Consummation of the transaction would be expressly conditioned on the proposed acquisition being supported by holders of a majority of the shares of Merisel common stock not currently owned by Saints Capital.  The definitive transaction documentation would also make clear that Saints Capital would have a termination right in the event that the transaction becomes subject to shareholder litigation.  The transaction would be financed out of our available cash and not require any third-party financing.


 


We understand that Board of Directors of Merisel has, with our support, formed a special committee of independent directors to respond to our proposal on behalf of Merisel’s public shareholders. We further understand that the special committee has retained its own legal and financial advisors to assist in its review. We confirm that we will not move forward with our proposed transaction unless it is approved by the special committee.


 


We are available to discuss this proposal with you at your convenience. Our entire team looks forward to working with the special committee and its legal and financial advisors to complete a mutually acceptable transaction.


 


As you would expect, our proposal is subject to successful negotiation of definitive transaction documentation. Of course, no contract or agreement will exist between Saints Capital and Merisel unless and until a definitive merger agreement is executed and delivered by both parties.


 


You should note that, concurrently with sending this proposal to you, we are filing an amendment to our Schedule 13D with the Securities and Exchange Commission.


 


Thank you for your consideration.


 



	 	Sincerely, 





/s/ Joseph Yang
Rule 13a-14(d)/15d-14(d) Certifications.

 

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-LC12 (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:

 

Rialto Capital Advisors, LLC, as Special Servicer, U.S. Bank National Association, as Trustee, Park Bridge Lender Services LLC, as Trust Advisor, CoreLogic Commercial Real Estate Services, Inc., as Servicing Function Participant, National Tax Search, LLC, as Servicing Function Participant, Rialto Capital Advisors, LLC, as Special Servicer for the White Marsh Mall Mortgage Loan, U.S. Bank National Association, as Trustee for the White Marsh Mall Mortgage Loan, Pentalpha Surveillance LLC, as Trust Advisor for the White Marsh Mall Mortgage Loan, CoreLogic Commercial Real Estate Services, Inc., as Servicing Function Participant for the White Marsh Mall Mortgage Loan, and National Tax Search, LLC, as Servicing Function Participant for the White Marsh Mall Mortgage Loan

 

Dated: March 30, 2015

 

 

/s/ Anthony Sfarra

 

 

Anthony Sfarra, President

(senior officer in charge of securitization of the depositor)