alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
**Exhibit 31.2****PRINCIPAL FINANCIAL OFFICER’S CERTIFICATION:**I, Patrick G. Mackey, certify that: 1. I have reviewed this Quarterly Report of Berliner Communications, Inc.  2. Based on my knowledge, this Quarterly Report does not contain any untruestatement of a material fact or omit to state a material fact necessary to make thestatements made, in light of the circumstances under which such statements were made,not misleading with respect to the period covered by this Quarterly Report.  3. Based on my knowledge, the financial statements, and other financialinformation included in this Quarterly Report, fairly present in all material respectsthe financial condition, results of operations and cash flows of the registrant as of,and for, the periods presented in this Quarterly Report.  4. The registrant’s other certifying officer and I are responsible forestablishing and maintaining disclosure controls and procedures (as defined inSecurities Exchange Act Rules 13a-15(e) and 15d-15(e)) for the registrant, and we have:   a) designed such disclosure controls and procedures, or caused suchdisclosure controls and procedures to be designed under our supervision, toensure that material information relating to the registrant, including itsconsolidated subsidiaries, is made known to us by others within thoseentities, particularly during the period in which this Quarterly Report, isbeing prepared;    b) evaluated the effectiveness of the registrant’s disclosure controls andprocedures and presented in this Quarterly Report our conclusions about theeffectiveness of the disclosure controls and procedures, as of the end ofthe period covered by this Quarterly Report, based on such evaluation; and    c) disclosed in this report any change in the registrant’s internal controlover financial reporting that occurred during the registrant’s most recentfiscal quarter (the registrant’s fourth fiscal quarter in the case of anannual report) that has materially affected, or is reasonably likely tomaterially affect, the registrant’s internal control over financialreporting. 5. The registrant’s other certifying officer and I have disclosed, based on ourmost recent evaluation of internal control over financial reporting, to theregistrant’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 oroperation of internal control over financial reporting which are reasonablylikely 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 otheremployees who have a significant role in the registrant’s internal controlsover financial reporting.Date: May 15, 2006                                                       /s/ Patrick G. Mackey   Patrick G. Mackey   Senior Vice President
<PAGE>
                                                                    EXHIBIT 24.1


                                POWER OF ATTORNEY

         KNOW ALL MEN BY THESE PRESENTS, that each of the undersigned hereby
constitutes and appoints William W. Winspear, Robert L. Winspear and James E.
O'Bannon, and any of them, the true and lawful attorney or attorneys-in-fact,
with full power of substitution and resubstitution, to sign on behalf of
Associated Materials Incorporated, a Delaware corporation (the "Company"), and
on behalf of the undersigned in my capacity as an officer and/or a director of
the Company, the Company's Annual Report on Form 10-K for the year ended
December 31, 2001, and to sign any or all amendments thereto, and to file the
same, with all exhibits thereto, and other documents in connection therewith,
with the Securities and Exchange Commission pursuant to the Securities Exchange
Act of 1934, as amended, and the regulations promulgated thereunder, granting
unto said attorney or attorneys-in-fact, and any of them with or without the
others, full power and authority to do and perform each and every act and thing
requisite and necessary to be done in and about the premises in order to
effectuate the same as fully to all intents and purposes as the undersigned may
or could in person, hereby ratifying and confirming all that said attorney or
attorneys-in-fact or any of them or their substitute or substitutes, may
lawfully do or cause to be done by virtue hereof.

         IN WITNESS WHEREOF, I have executed this Power of Attorney effective as
of February 22, 2002.

<Table>
<S>                                         <C>
/s/ William W. Winspear                     /s/ James F. Leary
------------------------------------        ------------------------------------
William W. Winspear                         James F. Leary

/s/ Michael Caporale, Jr.                   /s/ Alan B. Lerner
------------------------------------        ------------------------------------
Michael Caporale, Jr.                       Alan B. Lerner

/s/ Richard I. Galland                      /s/ A.A. Meitz
------------------------------------        ------------------------------------
Richard I. Galland                          A.A. Meitz

/s/ John T. Gray                            /s/ Robert L. Winspear
------------------------------------        ------------------------------------
John T. Gray                                Robert L. Winspear
</Table>
<TABLE> <S> <C>


<ARTICLE>                     5
<LEGEND>
     (Replace this text with the legend)
</LEGEND>
<CIK>  0000827056
<NAME> ZEVEX International, Inc.

<S>                             <C>
<PERIOD-TYPE>                   9-mos
<FISCAL-YEAR-END>                              DEC-31-1999
<PERIOD-START>                                 JAN-01-1999
<PERIOD-END>                                   SEP-30-1999
<CASH>                                         3186778
<SECURITIES>                                   979467
<RECEIVABLES>                                  5113968
<ALLOWANCES>                                   138000
<INVENTORY>                                    6067509
<CURRENT-ASSETS>                               15505683
<PP&E>                                         7433656
<DEPRECIATION>                                 2054311
<TOTAL-ASSETS>                                 29574991
<CURRENT-LIABILITIES>                          3417820
<BONDS>                                        1700000
<PREFERRED-MANDATORY>                          0
<PREFERRED>                                    0
<COMMON>                                       3420
<OTHER-SE>                                     19986773
<TOTAL-LIABILITY-AND-EQUITY>                   29574991
<SALES>                                        15830988
<TOTAL-REVENUES>                               15830988
<CGS>                                          8545867
<TOTAL-COSTS>                                  8545867
<OTHER-EXPENSES>                               5681997
<LOSS-PROVISION>                               0
<INTEREST-EXPENSE>                             327030
<INCOME-PRETAX>                                1463822
<INCOME-TAX>                                   538318
<INCOME-CONTINUING>                            925504
<DISCONTINUED>                                 0
<EXTRAORDINARY>                                0
<CHANGES>                                      0
<NET-INCOME>                                   925504
<EPS-BASIC>                                  .27
<EPS-DILUTED>                                  .27



</TABLE>
exv10w1



 










EXHIBIT 10.1




Second Amendment to the

BancorpSouth, Inc. Executive Performance Incentive Plan




     This Amendment to the BancorpSouth, Inc. Executive Performance Incentive Plan (the
“Plan”) is made by BancorpSouth, Inc. (the “Company”).



Recitals:




     WHEREAS, the Company established the Plan effective January 1, 2004 in order to provide awards
to executive officers that qualify as “performance-based compensation,” described in section
162(m)(4)(C) of the Internal Revenue Code, and amended the Plan effective with the 2005 annual
meeting of the Company to permit performance-based awards to be made in the form of the Company’s
common stock issued through the Company’s 1994 Stock Incentive Plan;



     WHEREAS, the Company desires to expand the business criteria upon which awards can be made
under the Plan;



     NOW, THEREFORE, the Plan is hereby amended by restating Section 3.3 of the Plan in the manner
described herein, to be effective upon approval by the shareholders of the Company.



     3.3 Performance Criteria of Awards. Subject to the terms hereof, and in a manner
consistent with Treas. Reg. § 1.162-27 or any successor rule under the Code, performance goals
shall be determined in the sole and absolute discretion of the Committee, provided that the goals
must be such that whether or not the performance goal will be achieved is substantially uncertain
at the time the performance goals and the terms of the Award are established. Performance goals may
be based upon increases in performance of the Company over a prior period, but may also be based on
maintaining status quo or limiting losses or decreases in performance, as is appropriate in view of
the business conditions of the Company, its industry or the market in which its securities are
traded at the time that a performance goal is established. For Awards made in Performance Periods
in 2006 or later, performance goals may be expressed as targeted levels of performance and shall be
determined on the basis of any or all of the following criteria:




     (a) Return on average equity or average assets.




     (b) Deposits and other funding sources.




     (c) Revenue, including interest income and/or non-interest income, and/or return on
revenue.




     (d) Cash flow (operating, free, cash flow ROE, cash flow ROI).




     (e) Earnings, before or after taxes, interest, depreciation, and/or amortization.




     (f) Earnings per share.




     (g) Net interest margin.




     (h) Improvement in credit quality measures, including (i) non-performing asset ratio,
(ii) net charge-off ratio, or (iii) reserve coverage of non-performing loans vs. peers.




     (i) Efficiency ratio.




     (j) Loan growth.




     (k) Total shareholder return.



 









 





     IN WITNESS WHEREOF, the Company has executed this instrument on this the 26th day of April,
2006, but to be effective as provided herein.



	 	 	 	 	 	 	 
	 	 	BANCORPSOUTH, INC.	 	 
	 
	 	 	 	 	 	 
	 

	 	By:
	 	/s/ Aubrey B. Patterson
 

	 	 
	 

	 	Its:
	 	Chief Executive Officer
#### Sergio Olea REYNOSO; Aurora Gonzalez Sanchez, Petitioners, v. Eric H. HOLDER, Jr., Attorney General, Respondent.

No. 08-73021.

United States Court of Appeals, Ninth Circuit.

Submitted Nov. 16, 2010.*

Filed Nov. 23, 2010.

Joubin Nasseri, Nasseri Law Group, Los Angeles, CA, for Petitioners.

Ronald E. Lefevre, Office of the District Counsel Department of Homeland Security, San Francisco, CA, U.S. Department of Justice, Washington, DC, for Respondent.

Before: TASHIMA, BERZON, and CLIFTON, Circuit Judges.

*

 The panel unanimously concludes this case is suitable for decision without oral argument. *See*Fed. R. App. P. 34(a)(2).

MEMORANDUM **

Sergio Olea Reynoso and Aurora Gonzalez Sanchez, natives and citizens of Mexico, petition for review of the Board of Immigration Appeals’ (“BIA”) order denying their motion to reopen proceedings due to ineffective assistance of counsel. We have jurisdiction under 8 U.S.C. § 1252. We review for abuse of discretion the denial of a motion to reopen, *Mohammed v. Gonzales,*400 F.3d 785, 791 (9th Cir.2005), and we deny the petition for review.

The BIA acted within its discretion in denying petitioners’ motion to reopen because petitioners did not establish that their former counsel “failed to perform with sufficient competence.” *See Mohammed,*400 F.3d at 793.

The motion to withdraw as attorney of record is granted. The Clerk shall amend the docket to reflect that petitioners are appearing pro se, and their address is 1016 S. Exmoor Ave., Compton, CA 90220.

PETITION FOR REVIEW DENIED.

**

 This disposition is not appropriate for publication and is not precedent except as provided by 9 th Cir. R. 36-3.
Statement for

Recipients of 1981
Type or print oe
PAYER'S Original Issue

name, address,

ZIP code, and | Discount

Federal
identifying Copy C
number. For Payer
Record owner's identifying number I Total original issue discount in 1981 for all holders 2 Total original issue discount in | 3 Issue price of obligation
of discount obligations from financial institutions 1981 for all holders of corporate
obligations
Type or print RECORD OWNER’S name, address, and ZIP code below © Stated "redemption price at | 5 Ratable monthly portion
maturity

Form 1099-OID Ye GPO : 19—0-313-114 313-114-1 Department of the Treasury—tnternal Revenue Service




| Statement for 1
For Official Use Only Recipients of

Type or print Lor

ER's Original Issue

name, address, | Discount
ZIP code, and

Federal Copy A
identifying For Internal Revenue
number. Service Center
Record owner’s identifying number 1 Total original issue discount in 1981 for all holders 2 Total original issue discount in | 3 Issue price of obligation
‘of discount obligations from financial institutions 1981 for all holders of corporate
obligations
7

Type or print RECORD OWNER’S name, address, and ZIP code below (Name must aline with | 4 ety redemption price at

5 Ratable monthly portion
arrow).

Name >

For instructions on completing this form,
see ‘Instructions for Form 1096.”

Form 1099-OID ‘Ye GPO : 1980—0-319-114 313-114-1 Department of the Treasury—Internal Revenue Service




Statement for 1981
Recipients of
Type or print

PAYER'S Original Issue
name, address,

iP code, ana’ | Discount
Federal

identifying Copy B
number. For Record Owner

Record owner's identifying number 1 Total original issue discount in 1981 for all holders
of discount obligations from financial institutions

2 Total original issue discount in | 3 Issue price of obligation
1981 for all holders of corporate
obligations

Type or print RECORD OWNER’S name, address, and ZIP code below

@ Stated redemption price at | 5 Ratable monthly portion
maturity

If this form shows two or more record owners, the record owner
whose Federal identifying number is shown should file a Form
1087-O1D with the Internal Revenue Service for each of the other
record owners and provide each with a copy. However, a husband
or wife is not required to file a Form 1087-O1D to show payments
for the other.

This information is being furnished to the Internal Revenue Service.

Form 1099-OID GPO: 1980—0-313-114

313-114-1 Department of the Treasury—Internal Revenue Service
[Federal Register Volume 67, Number 1 (Wednesday, January 2, 2002)]
[Notices]
[Page 66]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-32185]


-----------------------------------------------------------------------

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. OA96-194-009]


Niagara Mohawk Power Corporation; Notice of Filing

December 26, 2001.
    Take notice that on December 12, 2001, Niagara Mohawk Power 
Corporation (Niagara Mohawk) tendered for filing an amendment to its 
July 10, 2001 Compliance Filing in the above docket to supply 
additional information requested by the Federal Energy Regulatory 
Commission (Commission) in its November 7, 2001 letter Order in the 
above referenced proceeding.
    Copies of the filing have been served on all parties listed on the 
official service list maintained by the Commission for this proceeding.
    Any person desiring to be heard or to protest such filing should 
file a motion to intervene or protest with the Federal Energy 
Regulatory Commission, 888 First Street, NE., Washington, DC 20426, in 
accordance with rules 211 and 214 of the Commission's rules of practice 
and procedure (18 CFR 385.211 and 385.214). All such motions and 
protests should be filed on or before the comment date. Protests will 
be considered by the Commission to determine the appropriate action to 
be taken, but will not serve to make protestants parties to the 
proceedings. Any person wishing to become a party must file a motion to 
intervene. Copies of this filing are on file with the Commission and 
are available for public inspection. This filing may also be viewed on 
the Commission's web site at http://www.ferc.gov using the ``RIMS'' 
link, select ``Docket#'' and follow the instructions (call 202-208-2222 
for assistance). Comments, protests and interventions may be filed 
electronically via the internet in lieu of paper. See, 18 CFR 
385.2001(a)(1)(iii) and the instructions on the Commission's web site 
under the ``e-filing'' link.
    Comment Date: January 4, 2002.

Linwood A. Watson, Jr.,
Acting Secretary.
[FR Doc. 01-32185 Filed 12-31-01; 8:45 am]
BILLING CODE 6717-01-P
<TABLE> <S> <C>

<ARTICLE> 5
<MULTIPLIER> 1,000
       
<S>                             <C>
<PERIOD-TYPE>                   9-MOS
<FISCAL-YEAR-END>                          DEC-31-1996
<PERIOD-START>                             JAN-01-1996
<PERIOD-END>                               SEP-30-1996
<CASH>                                           1,097
<SECURITIES>                                     1,947
<RECEIVABLES>                                   53,219
<ALLOWANCES>                                     7,254
<INVENTORY>                                          0
<CURRENT-ASSETS>                                     0
<PP&E>                                         101,103
<DEPRECIATION>                                   8,776
<TOTAL-ASSETS>                                 205,125
<CURRENT-LIABILITIES>                                0
<BONDS>                                        107,613
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                         39
<COMMON>                                            68
<OTHER-SE>                                      51,825
<TOTAL-LIABILITY-AND-EQUITY>                   205,125
<SALES>                                              0
<TOTAL-REVENUES>                                14,733
<CGS>                                                0
<TOTAL-COSTS>                                   11,166
<OTHER-EXPENSES>                                 1,319
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                              10,656
<INCOME-PRETAX>                                (9,769)
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                            (9,769)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                    381
<CHANGES>                                            0
<NET-INCOME>                                   (1,589)
<EPS-PRIMARY>                                    (.26)
<EPS-DILUTED>                                    (.26)
        

</TABLE>
**Exhibit
      32.1**




**Certification**


**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)**





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 Berliner Communications, Inc., a Delaware corporation
      (the " Company "),
      does
      hereby certify that:





The
      Quarterly Report on Form 10-Q for the quarter ended March 31, 2007 (the
      " Periodic
      Report ")
      of the
      Company 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 the information
      contained in the Periodic Report fairly presents, in all material respects,
      the
      financial condition and results of operations of the Company.




/s/
                Richard B. BerlinerRichard
                B. Berliner
              Chief
                Executive Officer
              (Principal
                Executive Officer)




/s/
                Albert E. GencarellaAlbert
                E. Gencarella
              Chief
                Financial Officer
              (Principal
                Financial Officer)




May
      15,
      2007




*The
      foregoing certification is being furnished solely pursuant to Section 906 of
      the
      Sarbanes-Oxley Act of 2002 and is not being filed as part of the Periodic Report
      or as a separate disclosure document.*





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