alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
EXHIBIT 4.3


                  Incorporated Under the Laws of Delaware

  Number                                                      Shares
   -0-                                                          -0-

                         AMCON DISTRIBUTING COMPANY

                    Series B Convertible Preferred Stock

                 80,000 Shares Authorized; $.01 Par Value

This Certifies that                               is the owner of
                   -------------------------------               -----------
                       Shares of the Capital Stock of
----------------------

                        AMCON Distributing Company

transferable only on the books of the Corporation by the holder hereof in
person or by Attorney upon surrender of this Certificate properly endorsed.

In Witness Whereof she said Corporation has caused this Certificate to be
signed by its duly authorized officers and its Corporate Seal to be hereunto
affixed

                this              day of             A.D.
                    --------------      -------------    -------------


--------------------------------           ---------------------------------
                       President                                   Secretary























The shares represented by this certificate have not been registered under the
Securities Act of 1933, as amended (the "Act"), or any state securities laws.
These shares have been acquired for investment and not with a view to
distribution or resale, and may not be sold, pledged, hypothecated, donated
or otherwise transferred, whether or not for consideration, without an
effective registration statement under the Act, and any applicable state
securities laws, or an opinion of counsel satisfactory to the Corporation
that such registration is not required with respect to the proposed
disposition thereof and that such disposition will not cause the loss of the
exemption upon which the Corporation relied in selling such shares of the
original purchaser.

The Corporation will furnish without charge to each stockholder who so
requests the powers, designations, preferences and relative, participating,
optional or other special rights of each call of stock or series thereof and
the qualifications, limitations or restrictions of such preferences and/or
rights.



For Value Received,                   hereby sell, assign and transfer unto
                   -------------------
                                              Shares of the Capital Stock
-----------------------  ---------------------
represented by the within Certificate, and do hereby irrevocably constitute
and appoint                             , to transfer the said Stock on the
            ----------------------------
books of the within named Corporation with full power of substitution in the
premises.

Dated                    A.D.
      ------------------     -----------

In presence of
              ---------------------------------

NOTICE.  THE SIGNATURE OF THIS ASSIGNMENT WITH THE NAME AS WRITTEN UPON THE
FACE OF THE CERTIFICATE, IN EVERY PARTICULAR, WITHOUT ALTERNATION OR
ENLARGEMENT, OR ANY CHANGE WHATEVER.
Exhibit 32

                CERTIFICATION PURSUANT TO 18 U.S.C. SECTION 1350,
            PURSUANT TO SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

     In  connection  with  the  filing of the Annual Report on Form 10-K for the
year  ended December 31, 2003 (the "Report") by Intervest Bancshares Corporation
(the  "Company"),  the  undersigned,  as  the  principal executive and principal
financial  officer  of  the  Company, hereby certifies pursuant to 18 U.S.C. ss.
1350, as adopted pursuant to ss. 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;  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/  Lowell  S.  Dansker
------------------------
Lowell  S.  Dansker,  Vice  Chairman,  President  and  Treasurer
(Principal  Executive  and  Financial  Officer)
February  26,  2004


<PAGE>
#### Richard KIRKLEWSKI, Appellant v. PORCHLIGHT INC., et al., Appellees.

No. 08-7026.

United States Court of Appeals, District of Columbia Circuit.

June 26, 2008.

Richard Kirklewski, Madison, WI, pro se.

BEFORE: SENTELLE, Chief Judge, and GARLAND and GRIFFITH, Circuit Judges.

*JUDGMENT*

PER CURIAM.

This appeal was considered on the record from the United States District Court for the District of Columbia and on the brief and appendix filed by appellant. *See*Fed. R.App. P. 34(a)(2); D.C. Cir. Rule 34(j). It is

ORDERED AND ADJUDGED that the district court’s orders filed January 11, 2008, 2008 WL 360831, and January 29, 2008, be affirmed. The district court properly dismissed the case for lack of subject matter jurisdiction because it is not a civil action arising under federal law, *see*28 U.S.C. § 1331, or between citizens of different states with an amount in controversy of more than $75,000, *see*28 U.S.C. § 1332; nor does the complaint allege any other basis for the district court’s jurisdiction.

Pursuant to D.C. Circuit Rule 36, this disposition will not be published. The Clerk is directed to withhold issuance of the mandate herein until seven days after resolution of any timely petition for rehearing or petition for rehearing en banc. *See*Fed'. R.App. P. 41(b); D.C. Cir. Rule 41.
EXHIBIT 32.1








CERTIFICATION PURSUANT TO


SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002


(18 U.S.C. SECTION 1350)







Pursuant to section 906 of the Sarbanes-Oxley Act of 2002 (subsections (a) and (b) of section 1350, chapter 63 of title 18, United States Code), the undersigned officer of Payment Data Systems, Inc., a Nevada corporation (the “Company”), does hereby certify, to such officer's knowledge, that:





The Quarterly Report on Form 10-Q for the quarter ended June 30, 2010 (the “Form 10-Q”) of the Company fully complies with the requirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934, and the information contained in the Form 10-Q fairly presents, in all material respects, the financial condition and results of operations of the Company.






Date: August 16, 2010
By:
/s/ Michael R. LongMichael R. Long

Chief Executive Officer,

Chief Financial Officer

and Principal Accounting Officer
#### UNITED STATES of America, Plaintiff-Appellee, v. Edward WARREN, Defendant-Appellant.

No. 10-10366.

United States Court of Appeals, Eleventh Circuit.

April 6, 2011.

Daren Grove, Maria Kostantina Medetis, Anne R. Schultz, Michael R. Sherwin, Jeffrey H. Sloman, U.S. Attorney’s Office, Miami, FL, for Plaintiff-Appellee.

Tracy M. Dreispul, Miami, FL, for Defendant-Appellant.

Before BARKETT, HULL and KRAVITCH, Circuit Judges.

PER CURIAM:

Defendant Edward Warren appeals his two drug convictions and sentences for violations of 21 U.S.C. §§ 841(a)(1), 846 and 18 U.S.C. § 2. On appeal, Warren raises these issues:

> (1) whether the district court erred in denying his motion to suppress post-arrest statements as involuntary, in violation of *Miranda v. Arizona,*384 U.S. 436 [86 S.Ct. 1602, 16 L.Ed.2d 694] (1966);

> (2) whether the district court erred in finding that there was probable cause for his arrest and in not suppressing his post-arrest statements as the fruit of an illegal arrest;

> (3) whether there were multiple trial errors that cumulatively prejudiced Warren to the extent that he is entitled to a new trial; and

> (4) whether his 103 months’ sentence was both substantively and procedurally unreasonable.

After review and with the benefit of oral argument, we conclude that issues 1, 3, and 4 lack merit. As to issue 2, the record shows that Warren’s motion to suppress was filed the day before trial and claimed only that his post-arrest statements were *812involuntary because he was not properly afforded his *Miranda*warnings; it did not raise the probable cause for arrest argument. Howevei*, the district court *sua sponte*addressed the probable cause issue, ruling that Warren was given proper *Miranda*warnings, his post-arrest statements were voluntary, there was probable cause for his arrest, and therefore, his post-arrest statements were admissible. On appeal, Warren claims that the district court erred in finding probable cause for his arrest.

In the past, we have exercised discretion to review an issue the district court has actually ruled upon, finding that such a ruling preserves the issue for our review. *United States v. Lall,*607 F.3d 1277, 1290 (11th Cir.2010). But, given how the case proceeded, the government at the evidentiary hearing did not have notice that probable cause for the arrest was an issue as to the post-arrest statements. While we exercise our discretion to address the issue, the government should have an opportunity to present evidence on the probable cause for arrest issue. Thus, we affirm the district court’s rulings as to the *Miranda*issue, the denial of the new trial, and the sentencing issues, but vacate the district court’s ruling as to the probable cause for arrest issue and remand solely for an evidentiary hearing as to the motion to suppress with reference to the probable cause for arrest issue.

AFFIRMED IN PART, VACATED IN PART, AND REMANDED.
**EXHIBIT
      32.1**








**CERTIFICATION
      PURSUANT TO**


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


**(18
      U.S.C. SECTION 1350)**





Pursuant
      to section 906 of the Sarbanes-Oxley Act of 2002 (subsections (a) and (b) of
      section 1350, chapter 63 of title 18, United States Code), each of the
      undersigned officers of Payment Data Systems, Inc., a Nevada corporation (the
      “Company”), does hereby certify, to such officer's knowledge, that:





The
      Quarterly Report on Form 10-QSB for the quarter ended September 30, 2006 (the
      “Form 10-QSB”) of the Company fully complies with the requirements of Section
      13(a) or 15(d) of the Securities Exchange Act of 1934, and the information
      contained in the Form 10-QSB fairly presents, in all material respects, the
      financial condition and results of operations of the Company.








Date:
      November 14, 2006





By:  /s/
      Michael R. Long


Michael
      R. Long


Chief
      Executive Officer


and
      Chief
      Financial Officer
EXHIBIT 10.34

                                 [LETTER HEAD]

                                                               November 24, 1997

Mr. Alan Harper
Chairman
First American Railways, Inc.
3700 North 29th Avenue, Suite 202
Hollywood, FL  33020

Dear Alan:

         This will confirm my verbal offer indicating that CSX Transportation,
Inc. is willing to accept payment for trackage fees is the form of FAR common
stock for the period beginning October, 1997, through March, 1998. That offer is
conditioned on fact that FAR stock continues to be traded publicly on the NASDAQ
exchange and that FAR remains solvent and ourside the protection of the
bankruptcy laws. If delisting or a bankruptcy filing occurs, this offer is
rescinded.

         Rather than set a pre-determined conversion price for the stock, CSXT
will accepth the closing price of FAR stock on the last workday of each month,
beginning with October, 1997, and continuing through March, 1998, as the
appropriate price for determining the number of shares CSXT is entitled to as
compensation. Rather than go through the administrative chore of issuing stock
each month, please arrange to have the stock issued early in January, 1998 for
the Octover through December, 1997 period, and in April, 1998, for the January
through March, 1998 period.

         If you have any questions, please don't hesitate to call.

                                    Sincerely,

                                    /S/ ALBERT B. AFTOORA
                                    --------------------------------------------
                                        Albert B. Aftoora

cc:  L.L. Brown - Director Exp. Billing
<PAGE>
                                                                       EXHIBIT 1

(YUKON COMMUNITY SERVICES LOGO)

                           BUSINESS CORPORATIONS ACT
                                     FORM 5

                            CERTIFICATE OF AMENDMENT

                              CENTRAL MINERA CORP.

I hereby certify that the articles of the above-mentioned corporation were
amended:

-    under section 16 of the Business Corporations Act to change the name of
     the corporation in accordance with the attached notice.

-    under section 30 of the Business Corporations Act as set out in the
     attached Articles of Amendment designating a series of shares.

x    under section 179 of the Business Corporations Act as set out in the
     attached Articles of Amendment.

-    under section 194 of the Business Corporations Act as set out in the
     attached Articles of Reorganization.

-    under section 195 of the Business Corporations Act as set out in the
     attached Articles of Arrangement.

(SEAL)
Corporate Access Number: 26969                          /s/ J. Johnson
Date of Amendment: 2003-01-06                     -------------------------
                                                     M. Richard Roberts
                                                  Registrar of Corporations
**EXHIBIT 31.1**

 

**CERTIFICATION**

 

I, Seymour Holtzman, Co-Chief Executive Officer of LQ Corporation, Inc., hereby certify that: 

 

1. I have reviewed this quarterly report on Form 10-Q of LQ Corporation, Inc.; 

 

2. Based on my knowledge, this report does not contain any untrue statementof 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, the financial statements, and other financialinformation included in this 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 report; 

 

4. The registrant’s other certifying officer(s) and I are responsiblefor establishing and maintaining disclosure controls and procedures (as defined in Exchange Act Rules 13a-15(e) and 15d-15(e))***)***for the registrant and have: 

 

(a) Designed such disclosure controls and procedures, or caused such disclosure controls and procedures to be designed underour supervision, 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 report is being prepared;******

 

(b)**** Evaluated the effectiveness of theregistrant’s disclosure controls and procedures and presented in this report our conclusions about the effectiveness 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 theregistrant’s internal control over financial reporting that occurred during the registrant’s most recent fiscal quarter (the registrant’s fourth fiscal quarter in the case of an annual report) that has materially affected, or isreasonably likely to materially affect, the registrant’s internal control over financial reporting; and 

 

5. The registrant’s other certifying officer(s) 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 the registrant’s board of directors (or persons performing the equivalent functions): 

 

(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. 

 

Dated: May 14, 2004
<PAGE>   1
                                                                    EXHIBIT 23.1


                       CONSENT OF INDEPENDENT ACCOUNTANTS

We consent to the incorporation by reference in the registration statements of
Brooke Group Ltd. on Form S-3 (No. 33-38869 and 33-63119) of: (i) our report,
dated March 27, 1997, on our audits of the consolidated financial statements and
financial statement schedule of Brooke Group Ltd. and Subsidiaries as of
December 31, 1996 and 1995, and for the years ended December 31, 1996, 1995, and
1994, and (ii) of our report, dated March 24, 1997, on our audits of the
consolidated financial statements of New Valley Corporation and Subsidiaries as
of December 31, 1996 and December 31, 1995, and for the years ended December 31,
1996 and 1995, which reports are included in the Annual Report on Form 10-K of
Brooke Group Ltd. for the year ended December 31, 1996.


Coopers & Lybrand L.L.P.

Miami, Florida
March 27, 1997
EXHIBIT 31.2


CERTIFICATION












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
consolidated subsidiaries, is made known to us by others within those entities,
particularly during the period in which this report is being prepared;b.
    
    Designed such internal control over financial reporting, or caused such
internal control over financial reporting to be designed under our supervision,
to provide reasonable assurance regarding the reliability of financial reporting
and the preparation of financial statements for external purposes in accordance
with generally accepted accounting principles;c.
    
    Evaluated the effectiveness of the registrants disclosure controls and
procedures and presented in this report our conclusions about the effectiveness
of the disclosure controls and procedures, as of the end of the period covered by
this report based on such evaluation; andd.
    
    Disclosed in this report any change in the registrants internal control
over financial reporting that occurred during the registrants most recent fiscal
quarter (the registrants fiscal fourth quarter in the case of an annul report)
that has materially affected, or is reasonably likely to materially affect, the
registrants internal control over financial reporting; and






---



##### 



a.
    
    All significant deficiencies and material weaknesses in the design or operation
of internal controls over financial reporting which are reasonably likely to
adversely affect the registrants ability to record, process, summarize and
report financial information; andb.
    
    Any fraud, whether or not material, that involves management or other employees
who have a significant role in the registrants internal control over financial
reporting.
 Date: January 28, 2010
    /s/ Andrew C. PlummerAndrew C. Plummer, Vice President,Chief Financial Officer and Secretary
<TABLE>
<CAPTION>
                                                                                                                   EXHIBIT 21
                                           BUILDING MATERIALS CORPORATION OF AMERICA
                                                      LIST OF SUBSIDIARIES


                       COMPANY                                STATE OF INCORPORATION                        D/B/A
                       -------                                ----------------------                        -----
<S>                                                                  <C>                     <C>
Building Materials Corporation of America                            Delaware                GAF Materials Corporation and Old
                                                                                             American Products
  U.S. Intec Holdings Inc.                                           Delaware
    U.S. Intec, Inc.                                                 Texas                   Tri-Ply Corporation
    Exterior Technologies Corporation                                Texas
    Intec Marine Inc.                                                Texas
    USI Materials Inc.                                               Delaware
  GAF Leatherback Corp.                                              Delaware
  BMCA Insulation Products Inc.                                      Delaware
  BMC Warehousing Inc.                                               Delaware
  GAFTECH Corporation                                                Delaware
  South Ponca Realty Corp.                                           Delaware
  GAF Real Properties Inc.                                           Delaware
  BMCA Receivables Corp.                                             Delaware
  TOPCOAT, Inc.                                                      Delaware
  GAF Kalamazoo Acquisition Corp.                                    Delaware
  GAF Materials Corporation (Canada)                                 Delaware
  Pequannock Valley Claim Service Company, Inc.                      Delaware
  GAF Premium Products Inc.                                          Delaware
     Wind Gap Real Property Acquisition Corp.                        Delaware
</TABLE>
#### Sally Ann Blazynski et al., Appellants, v A. Gareleck & Sons, Inc., et al., Respondents, et al., Defendants. Sally Ann Blazynski et al., Appellants, v A. Gareleck & Sons, Inc., et al., Respondents, et al., Defendants.

(Appeal No. 1.)

(Appeal No. 2.)

[858 NYS2d 646]

Motion for reargument or, in the alternative, leave to appeal to the Court of Appeals denied. Present— Scudder, P.J., Smith, Centra, Lunn and Peradotto, JJ.
<PAGE>

                                                                    Exhibit 11.1

              STATEMENT REGARDING COMPUTATION OF PER SHARE EARNINGS
                        COMPUTATION OF PER SHARE EARNINGS
              For the Years Ended December 31, 2007, 2006, and 2005
             (In Thousands of Euros, Except for Per Share Amounts)

<TABLE>
<CAPTION>
                                              BASIC EPS
                               ---------------------------------------
                                   2007          2006          2005
                               -----------   -----------   -----------
<S>                            <C>           <C>           <C>
Net loss per
   financial statements        E    (9,294)  E    (1,585)  E    (1,939)
                               ===========   ===========   ===========
Weighted average
   shares outstanding          156,418,377    99,716,382    71,972,491
   Basic earnings (loss)

      per share                E      (.06)  E      (.02)  E      (.03)
                               ===========   ===========   ===========

<CAPTION>
                                             DILUTED EPS
                               ---------------------------------------
                                   2007          2006          2005
                               -----------   -----------   -----------
<S>                            <C>            <C>          <C>
Net loss per
   financial statements        E    (9,294)  E    (1,585)  E    (1,939)
                               ===========   ===========   ===========
Weighted average
   shares outstanding          156,418,377    99,716,382    71,972,491
   Basic earnings (loss)

      per share *              E      (.06)  E      (.02)  E      (.03)
                               ===========   ===========   ===========
</TABLE>

*    - Anti-dilutive