alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
Exhibit 4.1



INCORPORATED   UNDER THE LAWS OF THE STATE OF DELAWARE SEE REVERSE SIDE FOR CERTAIN   DEFINITIONS FULLY PAID AND NON-ASSESSABLE COMMON SHARES, $0.001 PAR VALUE, OF   INSPIRE MEDICAL SYSTEMS, INC. transferable on the books of the Corporation   byCthe hOolder Mhereof iMn persoOn or bNy Attorney upon surrender of this   certificate properly endorsed. This certificate is not valid until   countersigned and registered by the Transfer Agent and Registrar. IN WITNESS   WHEREOF, the said Corporation has caused this certificate to be signed by   facsimile signatures of its duly authorized officers. Dated: . PRESIDENT   & CEO CHIEF FINANCIAL OFFICER COUNTERSIGNED AND REGISTERED: AMERICAN   STOCK TRANSFER & TRUST COMPANY (Brooklyn, New York) TRANSFER AGENT AND   REGISTRAR BY AUTHORIZED SIGNATURE . .I THIS CERTIFIES THAT is the owner of   CUSIP 000000 00 0 


    




 






 



The following   abbreviations, when used in the inscription on the face of this certificate,   shall be construed as though they were written out in full according to   applicable laws or regulations: UTMA – Custodian TEN COM TEN ENT JT TEN – as   tenants in common – as tenants by entireties (Cust) (Minor) under Uniform   Transfers to Minors Act – as joint tenants with right of survivorship and not   as tenants in common (State) Additional abbreviations may also be used though   not in the above list. For value received hereby sell, assign, and transfer   unto PLEASE INSERT SOCIAL SECURITY OR OTHER IDENTIFYING NUMBER OF ASSIGNEE   (PLEASE PRINT OR TYPEWRITE NAME AND ADDRESS INCLUDING POSTAL ZIP CODE OF   ASSIGNEE) Shares of the capital stock represented by the within Certificate,   and do hereby irrevocably constitute and appoint Attorney to transfer the   said stock on the books of the within-named Corporation with full power of   substitution in the premises. Dated NOTICE: THE SIGNATURE TO THIS ASSIGNMENT   MUST CORRESPOND WITH THE NAME AS WRITTEN UPON THE FACE OF THE CERTIFICATE IN   EVERY PARTICULAR WITHOUT ALTERATION OR ENLARGEMENT OR ANY CHANGE WHATEVER.   SIGNATURE GUARANTEED ALL GUARANTEES MUST BE MADE BY A FINANCIAL INSTITUTION   (SUCH AS A BANK OR BROKER) WHICH IS A PARTICIPANT IN THE SECURITIES TRANSFER   AGENTS MEDALLION PROGRAM (“STAMP”), THE NEW YORK STOCK EXCHANGE, INC.   MEDALLION SIGNATURE PROGRAM (“MSP”), OR THE STOCK EXCHANGES MEDALLION PROGRAM   (“SEMP”) AND MUST NOT BE DATED. GUARANTEES BY A NOTARY PUBLIC ARE NOT   ACCEPTABLE.
UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 08-6465

UNITED STATES OF AMERICA,

Plaintiff - Appellee,

v.

TIMOTHY O. BENNETT,

Defendant - Appellant.

Appeal from the United States District Court for the Western

District of North Carolina, at Bryson City. Lacy H. Thornburg,

District Judge. (2:06-cr-00006-LHT-DLH-1; 2:07-cv-00020-LHT)

Submitted: May 29, 2008 Decided: July 3, 2008

Before WILKINSON, GREGORY, and DUNCAN, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Timothy O. Bennett, Appellant Pro Se. Corey F. Ellis, OFFICE OF

THE UNITED STATES ATTORNEY, Asheville, North Carolina, for

Appellee.

Unpublished opinions are not binding precedent in this circuit.
-2-

PER CURIAM:

Timothy O. Bennett moves for a certificate of

appealability, seeking to appeal the district court’s orders

denying relief on his 28 U.S.C. § 2255 (2000) motion and denying

his motion for reconsideration. The orders are not appealable

unless a circuit justice or judge issues a certificate of

appealability. 28 U.S.C. § 2253(c)(1) (2000). A certificate of

appealability will not issue absent “a substantial showing of the

denial of a constitutional right.” 28 U.S.C. § 2253(c)(2) (2000).

A prisoner satisfies this standard by demonstrating that reasonable

jurists would find that any assessment of the constitutional claims

by the district court is debatable or wrong and that any

dispositive procedural ruling by the district court is likewise

debatable. Miller-El v. Cockrell, 537 U.S. 322, 336-38 (2003);

Slack v. McDaniel, 529 U.S. 473, 484 (2000); Rose v. Lee, 252 F.3d

676, 683-84 (4th Cir. 2001). We have independently reviewed the

record and conclude that Bennett has not made the requisite

showing. Accordingly, we deny the motion for a certificate of

appealability and dismiss the appeal. We dispense with oral

argument because the facts and legal contentions are adequately

presented in the materials before the court and argument would not

aid the decisional process.

DISMISSED
Consent of Independent Auditors


To the Board of Directors

American Fidelity Assurance Company and

Contract Owners

 American Fidelity Separate Account A:


We consent to the use of our report dated April 19, 2018, with respect to the statutory statements of admitted assets, liabilities and capital and surplus of American Fidelity Assurance Company as of December 31, 2017 and 2016, and the related statutory statements of operations, capital and surplus, and cash flow for each of the years in the three‐year period ended December 31, 2017, and the related notes to the statutory financial statements and related schedules I, III, and IV included in the Statement of Additional Information, which is part of the Registration Statement under the Securities Act of 1933 on Form N‐4 dated April 27, 2018, and to the reference to our firm under the heading "Custodian and Independent Registered Public Accounting Firm", included in the Statement of Additional Information, which is part of the Registration Statement under the Securities Act of 1933 on Form N‐4 dated April 27, 2018.


Our report dated April 19, 2018, includes explanatory language that states that American Fidelity Assurance Company prepared the statutory financial statements using statutory accounting practices prescribed or permitted by the Oklahoma Insurance Department, which is a basis of accounting other than U.S. generally accepted accounting principles. Accordingly, our report states that the statutory financial statements are not presented in conformity with U.S. generally accepted accounting principles and further states that those statements are presented fairly, in all material respects, in conformity with statutory accounting practices prescribed or permitted by the Oklahoma Insurance Department.


/s/KPMG, LLP


Oklahoma City, Oklahoma

 April 27, 2018
EXHIBIT 99.1

                            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 WNC Housing Tax
Credit Fund II, L.P.  (the  "Partnership")  for the year ended March 31, 2003 as
filed with the  Securities  and  Exchange  Commission  on the date  hereof  (the
"Report"),  and  pursuant to 18 U.S.C.,  section  1350,  as adopted  pursuant to
section  906 of the  Sarbanes-Oxley  Act of 2002,  I,  Wilfred N.  Cooper,  Jr.,
President and Chief Executive Officer of WNC & Associates, Inc., general partner
of the Partnership, hereby certify 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 result of operations of
          the Partnership.


/s/WILFRED N. COOPER, JR.
-------------------------
Wilfred N. Cooper, Jr.
President and Chief Executive Officer of WNC & Associates, Inc.
June 24, 2003
<PAGE>   1
                                                                    EXHIBIT 12.1




                             APPAREL VENTURES, INC.

            COMPUTATION OF RATIO OF NET EARNINGS TO FIXED CHARGES
            (IN THOUSANDS, EXCEPT RATIO OF EARNINGS TO FIXED CHARGES)


<TABLE>
<CAPTION>
                                                      Year Ended June 30
                                    ------------------------------------------------------------- 
                                     1993*        1994*        1995          1996          1997
                                    -------      -------      -------       -------       ------- 
<S>                                 <C>          <C>          <C>           <C>           <C>     
EARNINGS
  INCOME (loss) before income
   taxes                            $ 9,553      $ 7,021      $(6,099)      $(4,077)      $(1,164)

  Add fixed charges                     802        1,516        7,001         7,351         5,946
                                    -------      -------      -------       -------       -------
  Earnings before income taxes
   and fixed charges                 10,355        8,537          902         3,274         4,782

FIXED CHARGES
  Interest expense                      802        1,516        7,001         7,351         5,946

RATIO OF EARNINGS
   TO FIXED CHARGES                   12.9x         5.6x          .lx           .4x           .8x
                                    =======      =======      =======       =======       ======= 
</TABLE>

* Results pertain to the predecessor corporation.
EXHIBIT 32.1 CERTIFICATION PURSUANT TO 18 U.S.C. §1350, AS ADOPTED PURSUANT TO SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002   In connection with China Grand Resorts, Inc.s (the Company) Annual Report on Form 10-K for the fiscal year ended September 30, 2010 as filed with the Securities and Exchange Commission on the date hereof (the Report), the undersigned officers of the Company, certify, pursuant to 18 U.S.C. §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 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.   China Grand Resorts, Inc.  /s/Menghua Liu Menghua Liu Chief Executive Officer and Acting Chief Financial Officer Date: January 13, 2011
<PAGE>

Exhibit 31.2

I, Thomas J. Neavitt, Chief Financial Officer certify that:

1. I have reviewed this annual report on Form 10-KSB of Ingen Technologies, Inc.
(formerly known as Creative Recycling Technologies, Inc.)

2. Based on my knowledge, this annual 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 annual
report;

3. Based on my knowledge, the financial statements, and other financial
information included in this annual report, fairly present in all material
respects the financial condition, results of operations and cash flows of the
registrant as of, and for, the periods presented in this annual report;

4. The registrant's other certifying officers and I are responsible for
establishing and maintaining disclosure controls and procedures (as defined in
Exchange Act Rules 13a-14 and 15d-14) for the registrant and have:

     a) designed such disclosure controls and procedures to ensure that material
     information relating to the registrant, including its consolidated
     subsidiaries, is made known to us by others within those entities,
     particularly during the period in which this annual report is being
     prepared;

     b) evaluated the effectiveness of the registrant's disclosure controls and
     procedures as of a date within 90 days prior to the filing date of this
     annual report ("Evaluation Date"); and

     c) presented in this annual report our conclusions about the effectiveness
     of the disclosure controls and procedures based on our evaluation as of the
     Evaluation Date;

5. The registrant's other certifying officers and I have disclosed, based on our
most recent evaluation, to the registrant's auditors and the audit committee of
registrant's board of directors (or persons performing the equivalent
functions):

     a) all significant deficiencies in the design or operation of internal
     controls which could adversely affect the registrant's ability to record,
     process, summarize and report financial data and have identified for the
     registrant's auditors any material weaknesses in internal controls; and

     b) any fraud, whether or not material, that involves management or other
     employees who have a significant role in the registrant's internal
     controls; and

6. The registrant's other certifying officers and I have indicated in this
annual report whether there were significant changes in internal controls or in
other factors that could significantly affect internal controls subsequent to
the date of our most recent evaluation, including any corrective actions with
regard to significant deficiencies and material weaknesses.

Date:  May 22, 2007

/s/ Thomas J. Neavitt
---------------------
Chief Financial Officer
Exhibit
      32.2


**CERTIFICATION
      OF**


**PRINCIPAL
      ACCOUNTING OFFICER**


**PURSUANT
      TO 18 U.S.C. SECTION 1350**





In
      connection with the accompanying Quarterly Report on Form 10-QSB (the "Report")
      of WI-TRON, INC. (the "Company") for the quarter ended September 30, 2007,
      I,
      Tarlochan S. Bains, Chief Financial Officer and Principal Accounting Officer
      of
      the Company, 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:





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.





A
      signed
      original of this written statement required by Section 906 has been provided
      to
      Wi-Tron, Inc., and will be retained by Wi-Tron, Inc. and furnished to the
      Securities and Exchange Commission or its staff upon request.





/s/
                Tarlochan S. Bains
            November
                19, 2007Tarlochan
                S. Bains,Vice
                President and Principal Accounting Officer




-1-
EXHIBIT
10.2
 
 AMENDMENTS
 TO THE
CARVER BANCOPR, INC.
 PERFORMANCE
COMPENSATION PLAN
 
 Section
      6.
              Vesting.
 
 Subject
to the forfeiture provisions in this Section 6, each Incentive Payment shall, as
long as the Eligible Employee continues to be employed by an Employer, vest 20%
each year on the specified vesting date, until 100% vested on the specified
vesting date of the fifth year following the Plan Year earned.  If the
Eligible Employee’s employment with the Employer terminates, there shall be no
further increase in the Eligible Employee’s vesting percentage and any portion
of the Eligible Employee’s Incentive Payment that are not vested shall be
forfeited upon such termination.  Notwithstanding the foregoing, (a)
the Account Balance shall become fully vested at the effective time of the
consummation of a Change in Control (as defined in the Stock Plan) as long as
the Employee is employed on such effective date and (b) the Account Balance
shall become fully vested if the Eligible Employee’s employment with an Employer
terminates by reason of death or by reason of Disability of the Eligible
Employee.  The Committee may accelerate vesting and payment using a
performance-accelerated vesting schedule, whereby the vesting can be accelerated
in year three or four if the Bank meets or exceeds the performance measure
defined annually in the award agreement
 
 Section
      9.
              Miscellaneous.
 
  (J)           Compliance
with the Capital Purchase Program of the Troubled Asset Relief Program
(“TARP”).
  (i)         Notwithstanding
the crediting of a Participant’s account pursuant to Section 5 or a payment to a
Participant pursuant to Section 7, during the period that the U.S. Department of
the Treasury (“Treasury”) holds a debt or equity position in the Company in
connection with the TARP Capital Purchase Program, the Company shall be entitled
to recover the  amount of any payout credited to any Participant under
the Plan (and if received by/distributed to a Participant shall be voluntarily
forfeited and returned to the Company) that is reasonably determined at any time
by the Company to have been calculated or based on materially inaccurate
financial statements or any other materially inaccurate performance metric
criteria.
  (ii)        No
Participant may receive a payment under the Plan during the period that the
Treasury holds a debt or equity position in the Company pursuant to the TARP
Capital Purchase Program if the receipt of such payment alone or when added to
any other payment or compensation received or to be received by such Participant
from the Company would cause such Participant to receive an “excess parachute
payment” within the meaning of Section 280G of the Internal Revenue Code of
1986, as amended (and specifically giving effect to subsection (e) thereof) of
the Code.  The Company shall retain the final authority to reduce or
eliminate entirely any payouts pursuant to the Plan to give full effect to the
Section 280G limitations set forth in this paragraph, and be it
United States Court of Appeals

for the Fifth Circuit

No. 21-11097

Summary Calendar

United States of America, 

Plaintiff—Appellee,

versus

Samuel Steven Calderon-Portillo, 

Defendant—Appellant.

Appeal from the United States District Court

for the Northern District of Texas

USDC No. 3:19-CR-260-1

Before King, Higginson, and Willett, Circuit Judges.

Per Curiam:*

The Federal Public Defender appointed to represent Samuel Steven 

Calderon-Portillo has moved for leave to withdraw and has filed a brief in 

accordance with Anders v. California, 386 U.S. 738 (1967), and United States 

v. Flores, 632 F.3d 229 (5th Cir. 2011). Calderon-Portillo has not filed a 

* Pursuant to 5th Circuit Rule 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 Circuit Rule 47.5.4.

United States Court of Appeals

Fifth Circuit

FILED

September 9, 2022

Lyle W. Cayce

Clerk

Case: 21-11097 Document: 00516466166 Page: 1 Date Filed: 09/09/2022
No. 21-11097

2

response. We have reviewed counsel’s brief and the relevant portions of the 

record reflected therein. We concur with counsel’s assessment that the 

appeal presents no nonfrivolous issue for appellate review. Accordingly, 

counsel’s motion for leave to withdraw is GRANTED, counsel is excused 

from further responsibilities herein, and the APPEAL IS DISMISSED. 

See 5th Cir. R. 42.2.

Case: 21-11097 Document: 00516466166 Page: 2 Date Filed: 09/09/2022
<TABLE> <S> <C>

<PAGE>
<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM THE
CONSOLIDATED BALANCE SHEETS AND STATEMENTS OF OPERATIONS FOUND ON PAGES 3 AND 4
OF THE COMPANY'S FORM 10-Q FOR THE YEAR TO DATE AND IS QUALIFIED IN ITS ENTIRETY
BY REFERNCE TO SUCH FINANCIAL STATEMENTS.
</LEGEND>
<MULTIPLIER> 1,000
       
<S>                             <C>
<PERIOD-TYPE>                   9-MOS
<FISCAL-YEAR-END>                          DEC-31-1997
<PERIOD-START>                             JAN-01-1997
<PERIOD-END>                               SEP-30-1997
<CASH>                                           5,420
<SECURITIES>                                         0
<RECEIVABLES>                                   86,030
<ALLOWANCES>                                   (2,109)
<INVENTORY>                                     29,932
<CURRENT-ASSETS>                               136,598
<PP&E>                                          98,414
<DEPRECIATION>                                (23,119)
<TOTAL-ASSETS>                                 394,987
<CURRENT-LIABILITIES>                           87,981
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                            88
<OTHER-SE>                                      96,721
<TOTAL-LIABILITY-AND-EQUITY>                   394,987
<SALES>                                        324,579
<TOTAL-REVENUES>                               324,579
<CGS>                                          275,147
<TOTAL-COSTS>                                  275,147
<OTHER-EXPENSES>                                23,940
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                               6,152
<INCOME-PRETAX>                                 19,340
<INCOME-TAX>                                     8,039
<INCOME-CONTINUING>                             11,301
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                    11,301
<EPS-PRIMARY>                                     1.27
<EPS-DILUTED>                                     1.27
        

</TABLE>