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

WRITTEN STATEMENT FURNISHED PURSUANT TO SECTION 906 OF THE 

SARBANES-OXLEY ACT OF 2002, 18 U.S.C. SECTION 1350

The undersigned, Deborah C. Wright, is the Chairman, President and Chief Executive Officer of Carver Bancorp, Inc. (the “Company”).

This statement is being furnished in connection with the filing by the Company of the Company’s Quarterly Report on Form 10-Q for the quarter ended September 30, 2005 (the “Report”).

By execution of this statement, I certify that:
|   | a) | 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. 78m(a) or 78o(d)); and |
|--------|----|-------------------------------------------------------------------------------------------------------------------------------------------------------------------|
|   | b) | the information contained in the Report fairly presents, in all material respects, the financial condition and results of operations of the Company as of the dates and for the periods covered by the Report. |
|--------|----|----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|
| November 14, 2005 | /s/ Deborah C. Wright |
|-------------------|-----------------------|
| Dated             | Deborah C. Wright     |  
 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

**Exhibit 32.2**

WRITTEN STATEMENT FURNISHED PURSUANT TO SECTION 906 OF THE 

SARBANES-OXLEY ACT OF 2002, 18 U.S.C. SECTION 1350

The undersigned, William C. Gray, is the Senior Vice President and Chief Financial Officer of Carver Bancorp, Inc. (the “Company”).

This statement is being furnished in connection with the filing by the Company of the Company’s Quarterly Report on Form 10-Q for the quarter ended September 30, 2005 (the “Report”).

By execution of this statement, I certify that:

 

a)

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. 78m(a) or 78o(d)); and

 

b)

the information contained in the Report fairly presents, in all material respects, the financial condition and results of operations of the Company as of the dates and for the periods covered by the Report.

 

November 14, 2005  

/s/ William C. Gray

Dated

William C. Gray

 
 

 

 

 

  |
Exhibit 10.28


 





PERFORMANCE BONUS PLAN CANCELATION AGREEMENT


 


 


This Performance Bonus Plan Cancelation Agreement
(this “Agreement”) is entered into as of April 1, 2018 (the “Effective Date”), by the undersigned for the
benefit of Adial Pharmaceuticals, Inc. (“Adial”), a Delaware corporation.


 


WHEREAS, the Company previously adopted
a Performance Bonus Plan (the “PBP”) on February 17, 2015 and revised such PBP on April 15, 2017, under which PBP certain
members of management (the “PBP Participants”) would be awarded cash and stock bonuses upon the consummation of transactions
related to the raising of capital or the sale of equity or assets of the Company; and


 


WHEREAS, Prof. Bankole A. Johnson (“Johnson”),
William B. Stilley (“Stilley”), and Joseph A. M. Truluck (“Truluck”) are the PBP Participants;


 


WHEREAS, on April 1, 2018, Johnson,
Stilley, and Truluck were awarded 50,000, 197,673 and 44,636 shares of common stock in the Company, respectively, which shares are restricted for three (3) years (the “Shares”);


 


WHEREAS, on April 1, 2018, the Company
increased the annual cash compensation of non-employee Chair of the Board that is to commence upon the completion of the Company’s
planned initial public offering from $23,750 to $49,000, (the “Increase”);


 


NOW, THEREFORE, in consideration of
good and valuable consideration, including, the issuance of the Shares and the Increase, the receipt and sufficiency of which is
hereby acknowledged, the undersigned hereby agree that, as of the Effective Date, the PBP is canceled and of no further effect
whatsoever.


 


IN WITNESS WHEREOF, the undersigned have executed
this Unanimous Written Consent effective April 1, 2018.


 


	Bankole A. Johnson




	 	William B. Stilley




	 	Joseph A. M. Truluck





	 	 	 	 	 
	/s/ Bankole A. Johnson	 	/s/ William B. Stilley	 	/s/ Joseph A. M. Truluck
_________________________________________ 

 

 

Order Michigan Supreme Court 

Lansing, Michigan 

December 27, 2005 Clifford W. Taylor,

 Chief Justice 

Michael F. Cavanagh 

Elizabeth A. Weaver 129356 

Marilyn Kelly 

Maura D. Corrigan 

Robert P. Young, Jr. 

Stephen J. Markman, PEOPLE OF THE STATE OF MICHIGAN, Justices 

Plaintiff-Appellee, 

v SC: 129356 

 COA: 252595 
 Wayne CC: 03-008866-01 

LEONARD ARNEZ HUNTER,

Defendant-Appellant. 

_________________________________________/ 

On order of the Court, the application for leave to appeal the June 30, 2005 

judgment 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. 

d1219 

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. 

December 27, 2005 

Clerk
**Exhibit 32.2**CERTIFICATION PURSUANT TO18 U.S.C. SECTION 1350,AS ADOPTED PURSUANT TOSECTION 906 OF THE SARBANES-OXLEY ACT OF 2002     In connection with the annual report of Medicis Pharmaceutical Corporation (the “Company”) onForm 10-K for the fiscal year ended June 30, 2005, as filed with the Securities and ExchangeCommission on the date hereof (the “Report”), I, Mark A. Prygocki, Sr., Chief Financial Officer ofthe Company, certify to the best of my knowledge, pursuant to 18 U.S.C. Section 1350, as adoptedpursuant 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) ofthe Securities Exchange Act of 1934; and(2) The information contained in the Report fairly presents, in all materialrespects, the financial conditions and results of operations of the Company for theperiods presented.   /s/ MARK A. PRYGOCKI, SR.   Mark A. Prygocki, Sr.  Chief Financial Officer  September 12, 2005  A signed original of this written statement required by Section 906, or other documentauthenticating, acknowledging, or otherwise adopting the signature that appears in typed formwithin the electronic version of this written statement required by Section 906, has been providedto Medicis Pharmaceutical Corporation and will be retained by Medicis Pharmaceutical Corporationand furnished to the Securities and Exchange Commission or its staff upon request.This certification accompanies this Report on Form 10-K pursuant to Section 906 of theSarbanes-Oxley Act of 2002 and shall not, except to the extent required by such Act, be deemedfiled by the Company for purpose of Section 18 of the Securities Exchange Act of 1934, as amended(the “Exchange Act”). Such certification will not be deemed to be incorporated by reference intoany filing under the Securities Act of 1933, as amended, or the Exchange Act, except to the extentthat the Company specifically incorporates it by reference.
CIRCUIT COURT OF THE CITY OF ALEXANDRIA

#### Dennis v. Jernigan et al.

May 15, 1981

Case No. (Law) 5224

By JUDGE ALBERT H. GRENADIER

The defendants in this case have filed a motion, alleging that there is no genuine dispute as to any material fact and that as a matter of law they are entitled to summary judgment in their favor on the plaintiff’s claim. The defendants submitted a memorandum of points and authorities in support of their motion. A memorandum in opposition to the motion for summary judgment was filed by the plaintiff. The Court, after reviewing the pleadings and the memoranda of counsel, is of the opinion that the motion for summary judgment must be denied.

The defendants argue that the individual defendants, as escrow agents, acted as guarantors and that their obligations under the escrow agreement were terminated when the principals to the escrow agreement settled their differences. This position, however, is not based upon a valid legal premise. In an escrow arrangement, the escrow agent does not occupy the position of a surety to the principals involved. Instead, the parties occupy a principal-agent relationship which is essentially contractual in nature, the depository of an escrow being an agent of both parties. As the agents of the purchaser in this case; it was the duty of the defendants to withhold the escrow deposit until certain conditions were met. As *23the agents of the seller, it was their duty to hold the deposit for it and to deliver the deposit to the seller after those conditions were performed. A breach by a depository of the terms of an escrow arrangement gives rise to a cause of action contractual in nature. *Hiss et al.*v. *Friedberg et als.,*201 Va. 572 (1960); *Winslow, Inc., et al.*v. *Scaife et al.,*219 Va. 997 (1979).

This cause of action is separate and distinct from whatever cause of action may exist between the principals. *Hiss*v. *Friedberg, supra.*This case, alleging a breach of the escrow agreement by the defendants, is a cause of action which is separate and distinct from the cause of action alleged by the plaintiff against 60th Art Productions, Inc. in Law No. 5434. As the defendants and 60th Art Productions, Inc. were not joint contractors the settlement of the plaintiff's claim against 60th Art Productions, Inc. and release of the latter did not constitute a settlement and release of his separate cause of action against the defendant. Furthermore, the language contained in the release clearly indicated an intention to not release the defendants or to excuse them from their obligations under the escrow agreement.
This disposition is not appropriate for publication and is not precedent *

except as provided by 9th Cir. R. 36-3.

The panel unanimously concludes this case is suitable for decision **

without oral argument. See Fed. R. App. P. 34(a)(2).

NOT FOR PUBLICATION

UNITED STATES COURT OF APPEALS

 FOR THE NINTH CIRCUIT

UNITED STATES OF AMERICA,

 Plaintiff - Appellee,

 v.

HECTOR GOMEZ,

 Defendant - Appellant.

No. 10-50548

D.C. No. 3:09-cr-03121-L

MEMORANDUM*

Appeal from the United States District Court

for the Southern District of California

M. James Lorenz, District Judge, Presiding

Submitted February 21, 2012** 

Before: FERNANDEZ, McKEOWN, and BYBEE, Circuit Judges.

Hector Gomez appeals from the 60-month sentence imposed following his

guilty-plea conviction for transportation of illegal aliens, in violation of 8 U.S.C. 

§ 1324(a)(1)(A)(ii). We have jurisdiction under 28 U.S.C. § 1291, and we affirm.

FILED

MAR 01 2012

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS
2 10-50548

Gomez contends that the district court improperly imposed a sentencing

enhancement under U.S.S.G. § 2L1.1(b)(6) because there was inadequate evidence

that he intentionally or recklessly created a substantial risk of death or serious

bodily injury. The record reflects that Gomez fled border patrol agents at a high

rate of speed, nearly side-swiped a border patrol vehicle, and crashed on the

premises of a junior high school, resulting in serious bodily injury to the passenger

of his vehicle. Accordingly, the district court did not abuse its discretion by

imposing the enhancement. See United States v. Mix, 457 F.3d 906, 911 (9th Cir.

2006).

Gomez also contends that the district court improperly imposed a four-level

sentencing enhancement under U.S.S.G. § 2L1.1(b)(7) for causing serious bodily

injury because there was inadequate evidence that his actions proximately caused

the passenger’s injuries. There was sufficient evidence in the record for the district

court to conclude that Gomez was the cause of the passenger’s injuries.

Accordingly, the district court did not abuse its discretion by imposing the serious

bodily injury enhancement. See United States v. Mix, 457 F.3d 906, 911 (9th Cir.

2006).

AFFIRMED.
C OURT OF A PPEALS FOR THE

F IRST D ISTRICT OF T EXAS AT H OUSTON

O RDER ON M OTION FOR R EHEARING

Appellate case name: Benedict Chinonso Emesowum v

. The State of Texas

Appellate case number: 01

- 14

- 00116

- CR

Trial court case number: 1849562

Trial court: Co unty Criminal Court of Law No. 10 of Harris County

Date motion filed: August 10 , 2015

Party filing motion: Appellant

It is ordered that the motion for rehearing is DENIED GRANTED.

Judge’s signature: /s/ Harvey Brown

 Acting individually  Acting for the Court

Panel consists of: Justices Jennings, Bland, and Brown

Date: August 1 8 , 2015
<TABLE> <S> <C>


<ARTICLE>                     5
       
<S>                                                  <C>
<PERIOD-TYPE>                                      3-MOS
<FISCAL-YEAR-END>                            DEC-31-1999
<PERIOD-START>                               JAN-01-1999
<PERIOD-END>                                 MAR-31-1999
<CASH>                                           508,466
<SECURITIES>                                  13,249,279
<RECEIVABLES>                                  1,798,992
<ALLOWANCES>                                           0
<INVENTORY>                                    1,053,023
<CURRENT-ASSETS>                              16,866,815
<PP&E>                                         9,451,250
<DEPRECIATION>                                (1,120,262)
<TOTAL-ASSETS>                                25,768,229
<CURRENT-LIABILITIES>                          6,173,565
<BONDS>                                                0
<PREFERRED-MANDATORY>                                  0
<PREFERRED>                                            0
<COMMON>                                         133,058
<OTHER-SE>                                    17,857,359
<TOTAL-LIABILITY-AND-EQUITY>                  25,768,229
<SALES>                                        3,816,789
<TOTAL-REVENUES>                               3,816,789
<CGS>                                          1,176,456
<TOTAL-COSTS>                                  1,176,456
<OTHER-EXPENSES>                               3,350,661
<LOSS-PROVISION>                                       0
<INTEREST-EXPENSE>                                     0
<INCOME-PRETAX>                                 (565,460)
<INCOME-TAX>                                           0
<INCOME-CONTINUING>                             (565,460)
<DISCONTINUED>                                         0
<EXTRAORDINARY>                                        0
<CHANGES>                                              0
<NET-INCOME>                                    (565,460)
<EPS-PRIMARY>                                      (0.04)
<EPS-DILUTED>                                      (0.04)
        

</TABLE>
EXHIBIT 11.1

CALCULATION OF NET LOSS PER SHARE



|                  |  |            |  | 
|----------------- |  | ---------- |  | 
|BEGINNING BALANCE |  | 30,432,433



|                  |  |                      |  |                                  |  |               
|----------------- |  | -------------------- |  | -------------------------------- |  | --------------
|DATE              |  | NO. OF SHARES ISSUED |  | CONTRIBUTION TO WEIGHTED AVERAGE |  | ENDING BALANCE
|January 16, 2007  |  | 1,925,000            |  | 1,582,779                        |  | 32,015,212    
|February 5, 2007  |  | 600,000              |  | 360,000                          |  | 32,375,212    
|February 21, 2007 |  | 275,000              |  | 116,111                          |  | 32,491,323    
|March 22, 2007    |  | 365,000              |  | 36,500                           |  | 32,527,823    



|                        |  |           
|----------------------- |  | ----------
|Loss for the period     |  | $1,006,853
|Weighted average shares |  | 32,527,823
|Net Loss per share      |  | $(0.03)
**EXHIBIT 32.2**

 

CERTIFICATION PURSUANT TO

SECTION 1350, CHAPTER 63 OF TITLE 18, UNITED STATES CODE,

AS            ADOPTED PURSUANT TO

SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

 

 

Pursuant to Section 1350, Chapter 63 of Title 18, United States Code, as            adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, the undersigned, as            Treasurer and Chief Financial Officer of Optimal Group Inc. (the            “Company”), does hereby certify that to the best of the undersigned’s            knowledge:

 

|   | 1) | the Company’s Quarterly Report                            on Form 10-Q for the quarter ended September 30, 2007 (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: | November 9, 2007 |
|--------|------------------|

 

 

|   | By: | /s/ Gary S. Wechsler |
|--------|-----|----------------------|

|   | Gary S. Wechsler |
|--------|------------------|

|   | Treasurer and |
|--------|---------------|

|   | Chief Financial Officer |
|--------|-------------------------|

 

 

The            foregoing certification is being furnished solely pursuant to 18 U.S.C. § 1350 and            is not being filed as part of this report or as a separate disclosure            document.
<TABLE> <S> <C>

<ARTICLE> 5

<S>                             <C>
<PERIOD-TYPE>                   12-MOS
<FISCAL-YEAR-END>                          JUN-30-2000
<PERIOD-START>                             JUL-01-1999
<PERIOD-END>                               JUN-30-2000
<CASH>                                     152,270,780
<SECURITIES>                               133,466,609
<RECEIVABLES>                               37,354,092
<ALLOWANCES>                                 4,190,000
<INVENTORY>                                 10,001,731
<CURRENT-ASSETS>                           351,288,152
<PP&E>                                       2,706,939
<DEPRECIATION>                                 947,993
<TOTAL-ASSETS>                             495,339,555
<CURRENT-LIABILITIES>                       38,986,601
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                       412,888
<OTHER-SE>                                 437,026,361
<TOTAL-LIABILITY-AND-EQUITY>               495,339,555
<SALES>                                    139,099,152
<TOTAL-REVENUES>                           139,099,152
<CGS>                                       25,911,579
<TOTAL-COSTS>                               25,911,579
<OTHER-EXPENSES>                            57,681,090
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                        (11,875,261)
<INCOME-PRETAX>                             67,381,744
<INCOME-TAX>                                24,387,562
<INCOME-CONTINUING>                         42,994,182
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                42,994,182
<EPS-BASIC>                                       1.48
<EPS-DILUTED>                                     1.41


</TABLE>
EXHIBIT 23



     Consent of Independent Registered Public Accounting Firm

The Board of Directors
The Reader's Digest Association, Inc.:

        We consent to the incorporation by reference in the
registration statements (No. 33-37434, 33-56883, 333-57789,
333-42726, 333-105325, 333-105326, and 333-105327) on Form S-8 of
The Reader's Digest Association, Inc. of our reports dated
August 30, 2005, with respect to the consolidated balance sheets
of The Reader's Digest Association, Inc. and subsidiaries as of
June 30, 2005 and 2004, and the related consolidated statements
of operations, stockholders' equity, and cash flows for each of
the years in the three-year period ended June 30, 2005, and all
related financial statement schedules, management's assessment of
the effectiveness of internal control over financial reporting as
of June 30, 2005 and the effectiveness of internal control over
financial reporting as of June 30, 2005, which reports appear in
the June 30, 2005 annual report on Form 10-K of The Reader's
Digest Association, Inc.

/s/ KPMG LLP

New York, New York
August 30, 2005
```

[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2936 Introduced in House (IH)]

112th CONGRESS
  1st Session
                                H. R. 2936

To amend the Small Business Jobs Act of 2010 with respect to the Small 
Business Administration's Express Loan Program, and for other purposes.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                           September 15, 2011

Mr. Boren (for himself, Mr. Donnelly of Indiana, Mr. Altmire, Mr. Baca, 
 Mr. Barrow, Mr. Cardoza, Mr. Matheson, Mr. McIntyre, Mr. Michaud, Mr. 
   Ross of Arkansas, Mr. Schiff, Mr. David Scott of Georgia, and Mr. 
   Shuler) introduced the following bill; which was referred to the 
                      Committee on Small Business

_______________________________________________________________________

                                 A BILL

 
To amend the Small Business Jobs Act of 2010 with respect to the Small 
Business Administration's Express Loan Program, 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 ``Small Business Administration 
Express Loan Extension Act of 2011''.

SEC. 2. TEMPORARY EXPRESS LOAN ENHANCEMENT.

    Section 1135(b) of the Small Business Jobs Act of 2010 is amended 
by striking ``Effective 1 year after'' and inserting ``On the date that 
is 2 years after''.
                                 <all>
```