alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
**EXHIBIT 31.02**

 

I, Michael D. Matte, certify that: 

 

1. I have reviewed this annual report on Form 10-K for CyberGuard Corporation; 

 

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 statementsmade, 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 financialcondition, 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 ActRules 13a-15(e) and 15d-15(e)) for the registrant and we have: 

 

a) Designed such disclosure controls and procedures, or caused such disclosure controls and procedures to be designed under our supervision, to ensure that material information relating to the registrant, including its consolidatedsubsidiaries, is made known to us by others within those entities, particularly during the period in which this report is being prepared; 

 

b) Evaluated the effectiveness of the registrant’s disclosure controls and procedures and presented in this report our conclusions about theeffectiveness of the disclosure controls and procedures, as of the end of the period covered by this report based on such evaluation; and 

 

c) Disclosed in this report any change in the registrant’s internal control over financial reporting that occurred during the registrant’s mostrecent fiscal quarter that has materially affected, or is reasonably likely to materially affect, the registrant’s internal control over financial reporting; and 

 

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

 

a) All significant deficiencies and material weaknesses in the design or operation of internal control over financialreporting which are reasonably likely to adversely affect the registrant’s ability to record, process, summarize and report financial information; and 

 

b) Any fraud, whether or not material, that involves management or other employees who have a significant role in the registrant’s internal controlover financial reporting. 

 

Date:  October 23, 2003
```

[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2907 Introduced in House (IH)]

111th CONGRESS
  1st Session
                                H. R. 2907

  To amend the Emergency Economic Stabilization Act of 2008 to ensure 
 that recipients of assistance under the Troubled Asset Relief Program 
repay such assistance only if they would remain well capitalized after 
                            such repayment.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                             June 16, 2009

  Mr. Tiahrt introduced the following bill; which was referred to the 
                    Committee on Financial Services

_______________________________________________________________________

                                 A BILL

 
  To amend the Emergency Economic Stabilization Act of 2008 to ensure 
 that recipients of assistance under the Troubled Asset Relief Program 
repay such assistance only if they would remain well capitalized after 
                            such repayment.

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

SECTION 1. PURPOSE.

    The purpose of this Act is to authorize and remove impediments to 
the repayment of funds received under the Troubled Asset Relief 
Program.

SEC. 2. REPAYMENT OF TARP FUNDS.

    Section 111(g) of the Emergency Economic Stabilization Act of 2008 
(12 U.S.C. 5221(g)) is amended--
            (1) by inserting ``if, subsequent to such repayment, the 
        TARP recipient is well capitalized (as determined by the 
        appropriate Federal banking agency having supervisory authority 
        over the TARP recipient)'' after ``waiting period,''; and
            (2) by striking ``, and when such assistance is repaid, the 
        Secretary shall liquidate warrants associated with such 
        assistance at the current market price''.
                                 <all>
```
<TABLE> <S> <C>

<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM THE
COMPANY'S CONSOLIDATED BALANCE SHEET AT JUNE 30, 1997 AND CONSOLIDATED
STATEMENTS OF OPERATIONS FOR THE YEAR ENDED JUNE 30, 1997, AND IS QUALIFIED IN
ITS ENTIRETY BY REFERENCE TO SUCH FINANCIAL STATEMENTS.
</LEGEND>
<RESTATED>
       
<S>                             <C>
<PERIOD-TYPE>                   YEAR
<FISCAL-YEAR-END>                          JUN-30-1997
<PERIOD-START>                             JUL-01-1996
<PERIOD-END>                               JUN-30-1997
<CASH>                                           2,975
<SECURITIES>                                     1,268
<RECEIVABLES>                                    7,189
<ALLOWANCES>                                       517
<INVENTORY>                                      1,588
<CURRENT-ASSETS>                                12,993
<PP&E>                                           3,288
<DEPRECIATION>                                   1,582
<TOTAL-ASSETS>                                  15,974
<CURRENT-LIABILITIES>                            6,057
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                            74
<OTHER-SE>                                       9,843
<TOTAL-LIABILITY-AND-EQUITY>                    15,974
<SALES>                                         14,574
<TOTAL-REVENUES>                                15,621
<CGS>                                            6,669
<TOTAL-COSTS>                                    7,240
<OTHER-EXPENSES>                                16,395
<LOSS-PROVISION>                                   327
<INTEREST-EXPENSE>                                   0
<INCOME-PRETAX>                                 (8,014)
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                            (12,490)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                   (12,490)
<EPS-PRIMARY>                                    (1.76)
<EPS-DILUTED>                                    (1.76)
        

</TABLE>
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 Altair  Nanotechnologies  Inc. (the
"Company")  on Form 10-Q for the  quarterly  period ended  September 30, 2003 as
filed with the  Securities  and  Exchange  Commission  on the date  hereof  (the
"Report"), I, William P. Long, Chief Executive Officer of the Company,  certify,
pursuant  to 18  U.S.C.  ss.  1350,  as  adopted  pursuant  to  ss.  906  of the
Sarbanes-Oxley Act of 2002, that to the best of my 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 operations of the Company.


/s/ William P. Long
-----------------------------
William P. Long
Chief Executive Officer
November 14, 2003
Filed 11/5/02 by Clerk of Supreme Court

IN THE SUPREME COURT

STATE OF NORTH DAKOTA

2002 ND 172

State of North Dakota, Plaintiff and Appellee

v.

Elwin John Fontaine, Defendant and Appellant

No. 20020135

Appeal from the District Court of Stutsman County, Southeast Judicial District, the Honorable James M. Bekken, Judge.

AFFIRMED.

Per Curiam.

Leo A. Ryan (on brief), Assistant State’s Attorney, 511 2nd Avenue SE, Jamestown, ND 58401, for plaintiff and appellee.

William A. Mackenzie (on brief), Mackenzie & Reisnour, 404 2nd Avenue SE, P.O. Box 1836, Jamestown, ND 58402-1836, for defendant and appellant.

State v. Fontaine

No. 20020135

Per Curiam.

[¶1]Elwin John Fontaine appeals from a criminal judgment, entered after a bench trial, finding him guilty of assaulting a correctional officer in violation of N.D.C.C. § 12.1-17-01.  Fontaine argues the evidence was insufficient to convict him of the crime because he did not willfully injure the correctional officer.  “Our evidentiary standard of review for a criminal bench trial is the same as if the case had been tried to a jury.”  State v. Treis, 1999 ND 136, ¶ 9, 597 N.W.2d 664.  We conclude there was sufficient evidence to uphold the guilty verdict.  The evidence, and the reasonable inferences drawn from it, when viewed in the light most favorable to the verdict, warrant the conviction.  State v. Rue, 2001 ND 92, ¶ 8, 626 N.W.2d 681.  We summarily affirm under N.D.R.App.P. 35.1(a)(3).

[¶2]Gerald W. VandeWalle, C.J.

Carol Ronning Kapsner

Dale V. Sandstrom

William A. Neumann

Mary Muehlen Maring
Exhibit 10.6


 



WAIVER AND FORBEARANCE AGREEMENT







THIS WAIVER AND FORBEARANCE AGREEMENT ("Agreement") is made and entered into on December 5, 2104, by and between Southwest Iowa Renewable Fuels, LLC, an Iowa limited liability company ("SIRE") and ICM Investments, LLC, a Kansas limited liability company ("ICM")







Reference is made to the certain Negotiable Promissory Term Loan Note, dated June 23, 2014 given by SIRE (as Borrower), in favor of between ICM (as Lender), in the original principal amount of $6,726,757.85 ("Note").







The parties acknowledge that pursuant to the terms and conditions of the Note, (i) SIRE has the right to prepay the Note upon 30 days' prior written notice to ICM; and (ii) ICM has the right and option to convert all or a portion of the principal balance of the Note into Series C Units of SIRE by providing to SIRE 15 days' prior written notice exercising such option.  The parties further acknowledge that on November 21, 2014, SIRE issued to ICM a written notice of SIRE's intent to prepay the Note to ICM on December 22, 2014 ("Prepayment Notice").  ICM is currently contemplating exercising its option to convert its shares into Series C Units at the Conversion Price set forth in the Note.







SIRE hereby waives the 15-day notice period under the Note with respect to ICM's conversion option.  SIRE agrees that, if ICM provides to SIRE written notice exercising ICM's option to convert all or a portion of the principal under the Note into Series C Units on December 19, 2104, SIRE will accept such notice as a proper exercise of ICM's right under the Note and will convert any principal designated in the option exercise notice into Series C Units as provided in the Note.  Accordingly, such principal shall not be prepaid by SIRE as described in the Prepayment Notice.







In consideration of the waiver set forth in the preceding sentence, ICM agrees to forbear the exercise of its option to convert principal under the Note into Series C Units from December 5, 2014 to December 18, 2014.  ICM's failure to exercise its conversion rights on December 19, 2014 shall be deemed a waiver of its option to exercise any conversion rights under the Note and the Note shall be prepaid as described in the Prepayment Notice.







This Agreement and the Note contain the entire agreement between the parties with respect to the subject matter hereof.







IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the day and year first set forth above.


 



	
SOUTHWEST IOWA RENEWABLE ENERGY, LLC

	
 


	
 

	
 

	
 


	
By:

	
/s/ Brett L. Frevert

	
 


		
Brett L. Frevert, Chief Financial Officer

	
 


	
 

	
 

	
 


		       ("SIRE")	
	 		
	ICM INVESTMENTS, LLC	
	 		
	By:	/s/ Christopher M. Mitchell	
		Christopher M. Mitchell, President	
	 		
		       ("ICM")
In the

Court of Appeals

Second Appellate District of Texas

at Fort Worth

No. 02-19-00068-CV

OAK POINT BOARD OF ADJUSTMENT,

Appellant

V.

JEFF HOULE, Appellee

§

§

§

§

§

On Appeal from 

County Court at Law No. 2

of Denton County (CV-2018-03798)

December 12, 2019

Opinion by Justice Womack

JUDGMENT

This court has considered the record on appeal in this case and holds that 

appellee’s claims against appellant are moot. It is therefore ordered that the 

February 25, 2019 orders denying appellant’s plea to the jurisdiction and granting 

appellee’s petition for writ of certiorari are vacated and that appellee’s claims against

appellant are dismissed for want of jurisdiction. 

It is further ordered that all parties shall bear their own costs of this appeal, for 

which let execution issue. 

SECOND DISTRICT COURT OF APPEALS 

By /s/ Dana Womack

 Justice Dana Womack
Document Headings

                    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.                  

###### Department of State

          - [Delegation of Authority: 438]

By virtue of the authority vested in the Secretary of State by the laws of the United States, including by 22 U.S.C. 2651a, I hereby delegate to the Assistant Secretary for International Security and Nonproliferation, to the extent authorized by law, the following functions conferred upon the Secretary by the Nuclear Non-Proliferation Act of 1978, Public Law 95-242 (hereinafter referred to as the “Act”), and the Atomic Energy Act of 1954, Public Law 83-703, as amended (hereinafter referred to as “the Atomic Energy Act”):

(1) Those under section 102, 402 (a), 502(c), 602(c) of the Act;

(2) Those under sections 57(b)(2), 109, 111(b)(1), and 131 of the Atomic Energy Act;

(3) Those under section 126 of the Atomic Energy Act, except for the function of making recommendations to the President on functions reserved to him;

(4) Those under section 123 of the Atomic Energy Act, subject to the Department of State's Circular 175 procedure and except for the function of making recommendations to the President on functions reserved to him; and

(5) Those delegated by paragraphs (a), (b), and (c) of section 2 of Executive Order 12058 of May 11, 1978, provided that the negotiation and conclusion of international agreements shall remain subject to the Department of State Circular 175 procedure.

Any act, executive order, regulation, or procedure subject to, or affected by, this delegation shall be deemed to be such act, executive order, regulation, or procedure as amended from time to time.

Notwithstanding this delegation of authority, the Secretary, the Deputy Secretary, and the Under Secretary for Arms Control and International Security may at any time exercise any authority or function delegated by this delegation of authority. Delegation of Authority Nos. 140, 140-1, 140-2, 140-3, 140-4, and 140-5 are hereby rescinded.

                    This delegation of authority shall be published in the                     **Federal Register**                    .                

Rex W. Tillerson,

Secretary of State.

[FR Doc. 2017-21357 Filed 10-3-17; 8:45 am]

 BILLING CODE 4710-10-P
TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

NO. 03-18-00552-CV

In re Kyle Holland

ORIGINAL PROCEEDING FROM WILLIAMSON COUNTY

M E M O R A N D U M O P I N I O N 

The petition for writ of mandamus is denied. See Tex. R. App. P. 52.8(a).

__________________________________________

Cindy Olson Bourland, Justice

Before Justices Puryear, Goodwin, and Bourland

Filed: August 24, 2018
Exhibit 31.1
CERTIFICATION OF CHIEF EXECUTIVE OFFICER, WILSONS THE LEATHER EXPERTS INC.
I, Joel N. Waller, Chairman and Chief Executive Officer, Wilsons The LeatherExperts Inc., certify that:
 1. I have reviewed this quarterly report on Form 10-Q of Wilsons TheLeather Experts Inc.  2. Based on my knowledge, this quarterly report does not contain anyuntrue statement of a material fact or omit to state a material factnecessary to make the statements made, in light of the circumstancesunder which such statements were made, not misleading with respect tothe period covered by this quarterly report;  3. Based on my knowledge, the financial statements, and otherfinancial information included in this quarterly report, fairly presentin all material respects the financial condition, results of operationsand cash flows of the registrant as of, and for, the periods presentedin this quarterly report;  4. The registrant’s other certifying officer and I are responsible forestablishing and maintaining disclosure controls and procedures (asdefined in Exchange Act Rules 13a-15(e) and 15d-15(e)) for theregistrant and we have:
 a. designed such disclosure controls and procedures, orcaused such disclosure controls and procedures to be designedunder our supervision, to ensure that material informationrelating to the registrant, including its consolidatedsubsidiaries, is made known to us by others within thoseentities, particularly during the period in which this quarterlyreport is being prepared;  b. evaluated the effectiveness of the registrant’sdisclosure controls and procedures and presented in thisquarterly report our conclusions about the effectiveness of thedisclosure controls and procedures as of the end of the periodcovered by this quarterly report based on such evaluation; and  c. disclosed in this report any change in the registrant’sinternal control over financial reporting (as defined in ExchangeAct Rules 13a-15(f) and 15d-15(f)) that occurred during theregistrant’s most recent fiscal quarter (the registrant’s fourthfiscal quarter in the case of an annual report) that hasmaterially affected, or is reasonably likely to materiallyaffect, the registrant’s internal control over financialreporting; and
 5. The registrant’s other certifying officer and I have disclosed,based on our most recent evaluation of internal control over financialreporting, to the registrant’s auditors and the audit committee of theregistrant’s board of directors (or persons performing the equivalentfunctions):
 a. all significant deficiencies and material weaknesses inthe design or operation of internal control over financialreporting which are reasonably likely to adverselyaffect the registrant’s ability to record, process, summarize andreport financial information; and  b. any fraud, whether or not material, that involvesmanagement or other employees who have a significant role in theregistrant’s internal control over financial reporting.   December 9, 2004 /s/ Joel N. Waller   Joel N. Waller Chairman and ChiefExecutive Officer
The Honorable Harold D. Vietor, United States District Judge for the Southern 1 District of Iowa, sitting by designation. The Honorable Jean C. Hamilton, Chi ef Judge, United States District Court for 2 the Eastern District of Missouri.



## United States Court of Appeals FOR THE EIGHTH CIRCUIT

___________ No. 98-2726

___________ Patricia Straughter, * * Appellant, * Appeal from the United States * District Court for the v. * Eastern District of Missouri. * United States of America, * [UNPUBLISHED] * Appellee. *

___________ Submitted: January 15, 1999 Filed: January 28, 1999

___________ Bef ore BOWMAN, Chief Judge, MURPHY, Circuit Judge, and VIETOR, Distric t 1 Judge.

___________ PER CURIAM. Patricia Straughter

appeals the entry of summary judgment by the District Court 2 in fa vor of the United States in Straughter's action under the Federal Tort Claims Act

. The evidence shows that based on information provided by a confidential informant,-2-

Drug Enforcement Administration agents obtained a search warrant for Straughter' s apartment. Upon executing the warrant, the agents found no evidence of illegal dru g activity. Straughter subsequently commenced this action. The District Court grante d the government's m otion for summary judgment, determining that Straughter's evidence failed to create a genuine issue of fact as to whether the agents had any reason to believe that the information provided by the confidential informant was erroneous.
For re versal, Straughter first argues that the District Court abused its discretio n in denying Straughter's motion to compel the U nited States to disclose the identity of the confi dential informant who provided information regarding Straughter to la w enforcement authorities. We disagree. The United States has a privilege "to withhold from disclosure the identity of persons who furnish information of violations of law t o officers charged wit

h enforcement of that law." Roviaro v. United States , 353 U.S. 53, 59 (1 956). That privilege may be overcome only if the plaintiff makes a showin g beyond mere speculation that the informan t's identity is material to the disposition of the pl aintiff's claims against the United States. Here, the District Court determined tha t Stra ughter had offered no evidence tending to demonstrate the materiality of th e informant's identity. Accordingly, t he court denied Straughter's motion to compel. That decision, we conclude, did not constitute an abuse of discretion. Second, Straughter contends there are genuine issues of mater ial fact that preclude the entry of summary judgment in favor of the United States. Having considered th e record, we agree with the District Court that Straughter failed to demonstrate th e existence of

any disputed issues of fact that are material to her contention that th e warrant authorizing the search of her apartment was invalid. The District Cour t therefore did not err in granting summary judgment. The judgment of the District Court is affirmed. See 8th Cir. R. 47B.-3-

A true copy.
Attest: CLERK, U.S. COURT OF APPEALS, EIGHTH CIRCUIT.