alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
Exhibit 32.2

CERTIFICATION PURSUANT TO

18 U.S.C. §1350

AS ADOPTED PURSUANT TO

SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

In connection with the Annual Report of Environmental Power Corporation (the Company) on Form 10-K for the period ended December 31,
2008 (the Report), I, Michael E. Thomas, Chief Financial Officer 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 the operations of the Company.
| | --- | --------------------------------------------------------------------------------------------------------------------------------------------------------

A signed original of this written statement required by Section 906, or other document authenticating, acknowledging, or otherwise adopting the
signature that appears in typed form within the electronic version of this written statement required by Section 906, has been provided to the Company and will be retained by the Company and furnished to the Securities and Exchange Commission
or its staff upon request.



|                       
|-----------------------
|/s/ Michael E. Thomas  
|Michael E. Thomas      
|Chief Financial Officer
|                       
|March 16, 2009
Exhibit 32.2

THERMA-WAVE, INC. CERTIFICATION OF PRINCIPAL EXECUTIVE OFFICER PURSUANT TO 18 U.S.C. SECTION 1350AS ADOPTED PURSUANT TO SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

 

I, L. Ray Christie, in my capacity as Chief Financial Officer ofTherma-Wave, Inc., a Delaware corporation ("Therma-Wave"), and inconnection with the Quarterly Report on Form 10-Q filed by Therma-Wave with theSecurities and Exchange Commission on November 12, 2003 (the "Report"),hereby certify, pursuant to 18 U.S.C. section 1350, as adopted pursuant toSection 906 of the Sarbanes-Oxley Act of 2002, that: 

1.  The Report fully complies with the requirements ofSection 13(a) or 15(d) of the Securities Exchange Act of 1934. 

2.  The information contained in the Report fairly presents,in all material respects, the financial condition and results of operations ofTherma-Wave. 

A signed original of this written statement required by Section 906,or other document authenticating, acknowledging, or otherwise adopting thesignature that appears in typed form within the electronic version of thiswritten statement required by Section 906, has been provided to Therma-Wave andwill be retained by Therma-Wave and furnished to the Securities and ExchangeCommission or its staff upon request.

IN WITNESS WHEREOF, the undersigned has executed this Certification as of the12th day of November 2003. 

 

/s/ L. Ray ChristieL. Ray ChristieVice President and Chief Financial Officer

 

	The foregoing certification is being furnishedsolely pursuant to Section 906 of the Sarbanes-Oxley Act of 2002 and shall notbe deemed filed by Therma-Wave as part of the report or as a separate disclosuredocument for purposes of Section 18 or any other provision of the SecuritiesExchange Act of 1934, as amended.
----

|   |   |                                                                                                                                                                                                                                                                                          |
|--------|--------|-----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|
|   | (i)    | the      accompanying Annual Report on Form 10-K of the Company for the year ended      December 31, 2008 (the “Report”) fully complies with the requirements of      Section 13(a) or Section 15(d), as applicable, of the Securities Exchange      Act of 1934, as amended; and |
|   |   |                                                                                                                                                                                                                                                                                          |
|   | (ii)   | the      information contained in the Report fairly presents, in all material      respects, the financial condition and results of operations of the      Company.                                                                                                                           |

|                      |   |                                      |
|---------------------------|--------|-------------------------------------------|
| Date:      March 31, 2009 | By:    | /s/      Francis M. DiNuzzo               |
|                      |   | Francis      M. DiNuzzo                   |
|                      |   | President      and Chief ExecutiveOfficer |
Exhibit 11



                        SHOWPOWER, INC. AND SUBSIDIARIES
                     COMPUTATION OF INCOME PER COMMON SHARE
                        (In Thousands, Except Share Data)

<TABLE>
<CAPTION>

                                                              Three Months                       Nine Months
                                                          Ended September 30,                Ended September 30,
                                                      --------------------------        ---------------------------
                                                         1999             1998             1999              1998
                                                      ---------        ---------        ---------         ---------
<S>                                                  <C>              <C>              <C>               <C>
Net income (loss)                                    $      535       $      548       $       85        $     (121)

Weighted average
    shares outstanding                                3,293,075        3,293,075        3,293,075         2,439,075

Dilutive effect after application
    of treasury stock method

    Restricted shares                                   111,969          111,656          114,847           105,809
    Employee stock options                               54,378           38,516           18,325            16,849

Shares used in calculating
    diluted income per share                          3,459,422        3,443,247        3,426,247         2,561,733

Basic net income (loss) per share                        $ 0.16           $ 0.17           $ 0.03           $ (0.05)

Diluted net income (loss) per share                      $ 0.15           $ 0.16           $ 0.02           $ (0.05)
</TABLE>
#### Cynthia A. O’BRIEN, Claimant-Appellant, v. Eric K. SHINSEKI, Secretary of Veterans Affairs, RespondentAppellee.

No. 2010-7098.

United States Court of Appeals, Federal Circuit.

Jan. 14, 2011.

Sean A. Ravin, of Washington, DC, for claimant-appellant.

Michael P. Goodman, Trial Attorney, Commercial Litigation Branch, Civil Division, United States Department of Justice, of Washington, DC, for respondent-appellee. With him on the brief were Tony West, Assistant Attorney General, Jeanne E. Davidson, Director, and Todd M. Hughes, Deputy Director.

Before LOURIE, BRYSON, and PROST, Circuit Judges.

JUDGMENT

PER CURIAM.

This Cause having been heard and considered, it is

Ordered and Adjudged:

AFFIRMED. *See*Fed. Cir. R. 36.
Order entered May 26, 2015

In The

Court of Appeals 

Fifth District of Texas at Dallas 

No. 05-14-01562-CV

QUICK CHANGE ARTIST, LLC, Appellant

V.

IRIS T. ACCESSORIES, Appellee

On Appeal from the 101st Judicial District Court

Dallas County, Texas

Trial Court Cause No. DC-12-14118

ORDER

Before the Court is appellant’s May 24, 2015 second motion to extend the time to file a 

brief. Appellant timely tendered a brief on May 22, 2015. The Court notified appellant by postcard that the brief has not been filed because appellant’s counsel has not been admitted pro hac 

vice with this Court. 

Accordingly, we GRANT appellant’s motion as follows: We ORDER counsel for 

appellant to file, by JUNE 15, 2015, a motion for admission pro hac vice that complies with 

Rule XIX of the Rules Governing Admission to the Bar. Once the Court receives and rules on 

the motion for admission pro hac vice, the Court will make further orders regarding appellant’s 

brief.

/s/ ELIZABETH LANG-MIERS 

JUSTICE
**FEDERALMINE SAFETY AND HEALTH REVIEW COMMISSION**

 

SUNSHINE ACT NOTICE

 

BAC 6735-01

 

December 4, 2015

 

 

TIMEAND DATE:                11:00 a.m., Thursday, December 17, 2015

 

PLACE:                                  TheRichard V. Backley Hearing Room, Room 511N, 1331 Pennsylvania Avenue, NW,Washington, DC 20004 (enter from  F Street entrance)

 

STATUS:                                Open

 

MATTERSTO BE 

CONSIDERED:                     TheCommission will consider and act upon the following in open session: *Secretaryof Labor v. Lewis-Goetz and Company, Inc.,*Docket No. WEVA 2012-1821.**(Issuesinclude whether the Judge erred in ruling that a mine operator was not strictlyliable for violations of a standard requiring that safety belts and lines beworn by miners under prescribed conditions.)

 

 

Any person attending this meeting who requires specialaccessibility features and/or auxiliary aids, such as sign languageinterpreters, must inform the Commission in advance of those needs. Subject to29 C.F.R. § 2706.150(a)(3) and § 2706.160(d).

 

 

CONTACTPERSON 

FOR MORE INFO:                EmogeneJohnson (202) 434-9935 / (202) 708-9300 for TDD

                                                Relay/ 1-800-877-8339 for toll free.

 

 

 

 

 

 

 

                                                __________________________________

                                                SarahL. Stewart

                                                DeputyGeneral Counsel
```

[Federal Register Volume 66, Number 30 (Tuesday, February 13, 2001)]
[Notices]
[Pages 10029-10030]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-3594]

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

DEPARTMENT OF HEALTH AND HUMAN SERVICES

National Institutes of Health

National Institute of Dental & Craniofacial Research; Notice of 
Closed Meeting

    Pursuant to section 10(d) of the Federal Advisory Committee Act, as 
amended (5 U.S.C. Appendix 2), notice is hereby given of the following 
meeting.
    The meeting will be closed to the public in accordance with the 
provisions set forth in sections 552b(c)(4) and 552b(c)(6), Title 5 
U.S.C., as amended. The grant applications and the discussions could 
disclose confidential trade secrets or commercial property such as 
patentable material, and personal information concerning individuals 
associated with the grant applications, the disclosure of which would 
constitute a clearly unwarranted invasion of personal privacy.

[[Page 10030]]

    Name of Committee: NIDCR Special Grants Review Committee.
    Date: February 21-23, 2001.
    Time: 8:30 a.m. to 5 p.m.
    Agenda: To review and evaluate grant applications.
    Place: The Hyatt Regency Hotel, 100 Bethesda Metro Center, 
Bethesda, MD 20814.
    Contact Person: Yujing Liu, PhD, MD, Scientific Review 
Administrator, National Institute of Dental & Craniofacial Res. 45 
Center Drive, Natcher Building, Rm. 4AN44F, Bethesda, MD 20892, 
(301) 594-2372.
    This notice is being published less than 15 days prior to the 
meeting due to the timing limitations imposed by the review and 
funding cycle.

(Catalogue of Federal Domestic Assistance Program Nos. 93.121, Oral 
Diseases and Disorders Research, National Institutes of Health, HHS)

    Dated: February 6, 2001.
LaVerne Y. Stringfield,
Director, Office of Federal Advisory Committee Policy.
[FR Doc. 01-3594 Filed 2-12-01; 8:45 am]
BILLING CODE 4140-01-M
```
**EXHIBITNO  10JJ**

 

OFFER LETTER BETWEEN MICROCOMPONENT TECHNOLOGY, INC AND CHRISTOPHER BUCKLEY

 

August 16, 2004

 

Mr. Chris BuckleyNo. 4 Hindhede PlaceSingapore   587854

 

Dear Chris:

 

Weare very pleased to offer you the position of Senior Vice President ofWorldwide Sales for MCT.  In this roleyou will be reporting to Roger Gower, President & CEO. You will be assignedto the MCT Asia Office in Singapore

 

Your starting base paywill be $175,000 per year, payable at a semi-monthly rate of US$14,583.33.  You will accrue vacation at a rate of 4 weeksper year. You will be granted options to purchase 175,000 shares of MCT stock,which were approved by the Board of Directors at their regular meeting on August 12,2004.  Option price is the closing marketprice of MCT stock on August 16, 2004. The Options vest at a rate of 25% per year, beginning on the firstanniverary date from the date of grant, as noted in the option agreementattached.

 

In your first year ofemployment you will earn commissions of 0.30% of MCT’s total annual reportedrevenue. Commission will be paid quarterly. Target incentive will be approximately $50,000 per year based on annual revenues of 16M for the first year ofemployment .  You will also be eligiblefor 9 months of base pay in a situation of “Change of Control” in which yourposition is obsoleted or significantly reduced in scope and responsibility. Inaddition, during your first 12 months of employment, if due to conditionsbeyond your control, your position is obsolted or significantly reduced inscope and responsibility you would also be eligible for 9 months of base pay.

 

You will also receivethe same benefits available to all MCT Singapore employees, including theoption to participate in medical, life and disability insurance plans..  You will be given an annual performance andwage review, commencing July 1, 2005.

 

Your employment with MCT will begin on August 25, 2004.  To show acceptance of this offer, we requestyou sign this offer letter, and the attached MCTEmployee Agreements and return them to us.

 

Your employment with MCT will be at-will, which means that it can beterminated by either you or MCT at any time for any reason.  Nothing contained in this letter or the MCTEmployee Agreement alters your status as an at-will employee.

 

We are confident that your association with MCT will prove to bechallenging and rewarding, and we look forward to having you join our team.

 

If you have any questions, please contact us.

 

Sincerely,

 

 
| Roger Gower  President & CEO | Kathy Dimmick  Human Resources Manager |
|----------------------------------|----------------------------------------|
|                             |                                   |
|                             |                                   |
| Accepted:                        |                                   |
|                             |                                   |
| Name:                            | /s/ Christopher Buckley                |   | Date: August 23, 2004 |
|                                  |                                        |  |  |

 

----
**Exhibit 99.2**

 

# **CERTIFICATION**

 

Theundersigned hereby certifies that this report complies with the requirements ofSection 13(a) or 15(d) of the Securities Exchange Act of 1934, and that theinformation contained in this report fairly presents, in all material respects,the financial condition and results of operations of the Company.

 

 
| Dated:   March 27 | By:                       | /s/ Thomas  P. Maun |   |
|------------------------|---------------------------|---------------------|--------|
|                   | Thomas P.  Maun           |
|                   | Chief  Financial Officer  |
|                   | Chief  Accounting Officer |

 

----
OMB No. 1545-0062 Foreign Moving Expenses Form 3903F

© Attach to Form 1040.

Department of the Treasury

Internal Revenue Service

Attachment

© See separate instructions. Sequence No. 63

Name(s) shown on Form 1040 Your social security number

1 City and country in which your old workplace was located ©

2 City and country in which your new workplace is located ©

Moving Expenses

Section A—Transportation of Household Goods

3 Transportation and storage for household goods and personal effects 3

Section B—Expenses of Moving From Old To New Home

4

4 Travel and lodging not including meals

5 Total meals 5

6 Multiply line 5 by 80% (.80) 6

7 Add lines 4 and 6 7

Section C—Pre-move Househunting Expenses and Temporary Quarters

(for any 90 days in a row after getting your job)

8 Pre-move travel and lodging not including meals 8

9 Temporary quarters expenses not including meals 9

10

Multiply line 10 by 80% (.80)

10

11

Add lines 8, 9, and 11

11

Section D—Qualified Real Estate Expenses

13 Expenses of (check one): a selling or exchanging your old home, or 13

b if renting, settling an unexpired lease.

14 Expenses of (check one): a buying your new home, or

b if renting, getting a new lease.

14

Dollar Limits and Moving Expense Deduction

15

16

Enter the smaller of:

Add lines 13, 14, and 15

17

18

Enter the smaller of:

17

Add lines 3, 7, and 17 18

19 Amount of expenses allocable to excluded income or housing costs (see instructions) 19

20 Subtract line 19 from line 18. Enter the result here and on Schedule A, line 18. This is your moving

expense deduction ©

For Paperwork Reduction Act Notice, see separate instructions. Form 3903F (1992)

Total meal expenses for both pre-move househunting

and temporary quarters

12 12

15

16

● The amount on line 12, or

● $4,500 ($2,250 if married filing a separate return and at the end of

1992 you lived with your spouse who also started work in 1992).

● The amount on line 16, or

● $6,000 ($3,000 if married filing a separate return and at the end of 1992 you lived with

your spouse who also started work in 1992).

Note: Any payments your employer made for any part of your move (including the value of any services furnished in kind) should

be included on your W-2 form. Report that amount on Form 1040, line 7. See Reimbursements in the instructions.

20

Cat. No. 12493R

Part II

Part I

%

%

%

%

Caution: If you are a member of the armed forces, see the instructions before continuing.
Exhibit 23.1




                          CONSENT OF INDEPENDENT ACCOUNTANTS



          We hereby consent to the incorporation by reference in the
          Registration Statements on Form S-8 (No. 333-27429 and No. 33-
          88430) and in the Prospectuses constituting part of the
          Registration Statements on Form S-3 (No. 333-22419 and No. 333-
          62627) of Associated Estates Realty Corporation of our report
          dated March 17, 1999 appearing on page F-2 of this Form 10-K.




          /s/ PricewaterhouseCoopers LLP    


          Cleveland, Ohio
          March 29, 1999
<PAGE>   1
                                                                    Exhibit 21.1


                           Subsidiaries of the Company



Wholly-Owned Corporate Subsidiaries of the Company:

      BPP/Valley Central, Inc. (Delaware) (Consolidated)
      BPP/Riley, Inc. (California) (Consolidated)
      BPP/Puente Hills, Inc. (Delaware) (Consolidated)
      BPP/Crenshaw Imperial, Inc. (Delaware) (Consolidated)

Partnerships in which the Company holds interests:

      BPP/Richmond L.P. (California) (Consolidated)
      BPP/Marin L.P. (California) (Consolidated)
      BPP/Hilltop L.P. (California) (Consolidated)
      BPP/Pleasant Hill L.P. (California) (Consolidated)
      BPP/Van Ness L.P. (California) (Consolidated)
      BPP/East Palo Alto L.P. (California) (Consolidated)
      BPP/Valley Central L.P. (California) (Consolidated)
      BPP/Cameron Park L.P. (California) (Consolidated)
      BPP/Riley L.P. (California) (Consolidated)
      La Mancha Partners L.P. (California) (Consolidated)

Limited Liability Company in which the Company holds an interest:

      Ladera Center Associates, LLC (Delaware) (Consolidated)
      Margarita Plaza Associates, LLC (Delaware) (Consolidated)
<PAGE>   1
                                                                    EXHIBIT 23.1


                    CONSENT OF INDEPENDENT PUBLIC ACCOUNTANTS




         As independent public accountants, we hereby consent to the
incorporation of our report included in this Form 10-K/A, into the Company's
previously filed Registration Statement File No.'s 333-00346, 333-09425,
333-14325,333-21709, 333-35997, 333-43707, 333-51269, 333-51249, 333-75871,
333-88717, 333-51152, 333-57526 and 333-58488.





San Francisco, California                                    ARTHUR ANDERSEN LLP
June 1, 2001
Exhibit 10.1
 Compensatory Arrangements for Non-Employee Directors
  
    
    an annual retainer of $20,000, to be paid at the directors election either entirely in
shares of stock or 40% in cash and 60% in shares of stock, in each case with full vesting
upon the date of issuance;
    
    a cash fee of $1,250 for meetings, including committee meetings, not held by telephone
and not held on the same day as a full Board meeting;
    
    committee meeting fees of $500 for telephonic meetings and meetings on the same day as
Board meetings;
    
    a fee for the Chair of the Audit Committee of $10,000 per year, to be paid either
entirely in shares of stock or 40% in cash and 60% in shares of stock, in each case with
full vesting upon the date of issuance;
    
    a stock grant made annually to each non-employee director valued at $42,000 on the date
of grant, with all shares of stock fully vested upon the date of issuance; and
    
    health insurance benefits for those non-employee directors who elect to participate,
with the cost to be borne partially by the Company, consistent with its past practices.
#### STATE ex rel. STATE HIGHWAY COM. v. ASENDORF et al.

No. 33742.

July 5, 1950.

220 P. 2d 272.

Mac Q. Williamson, Atty. Gen., and Finis O. Stewart, Asst. Atty. Gen., for plaintiff in error.

Thompson & Braly, of Ada, for defendants in error.

JOHNSON, J.

The record discloses that this case was tried in the district court of Pontotoc county, Oklahoma, and the order overruling motion for *264new trial was entered January 16, 1948. The petition in error with case-made attached was filed in this court July 21, 1948.

It becomes manifest that this court has no jurisdiction to hear and determine this case on appeal for the obvious reason that this proceeding in error was not commenced in this court within six months from the rendition of the order overruling motion for new trial as provided by 12 O. S. 1941 §972.

In Howard v. Arkansaw, 59 Okla. 206, 158 P. 437, it is stated:

> “The question of jurisdiction is primary and fundamental in every case, and cannot be waived by the parties or overlooked by the court. It is the bounden duty of the court to examine into its jurisdiction, whether raised by any party or not, and sua sponte to determine its own jurisdiction.

> “Where the petition in error is not filed in the Supreme Court within six months from the rendition of the judgment or final order complained of, this court is without jurisdiction to review such judgment or final order, and the same will be dismissed.”

To the same effect see Allen & Co. v. Robertson, 180 Okla. 444, 70 P. 2d 75, and Dunbar v. Phillips Petroleum Co., 175 Okla. 489, 53 P. 2d 545.

Appeal dismissed.

ARNOLD, V. C. J., and WELCH, CORN, GIBSON, LUTTRELL, HALLEY, and O’NEAL, JJ., concur.