alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
Exhibit 99.3

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 General Bearing Corporation and
Subsidiaries (the "Company") on Form 10-Q for the period ending March 29, 2003
as filed with the Securities and Exchange Commission on the date hereof (the
"Report"), the undersigned Chief Executive Officer and Controller of the Company
hereby certify, pursuant to 18 U.S.C. 1350, as adopted pursuant to Section 906
of the Sarbanes - Oxley Act of 2002 that based on their knowledge and belief 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 as of and for the periods covered in the Report.

Date: May 13, 2003.


/s/ David L. Gussack
--------------------------------
David L. Gussack
President


/s/ Rocky Cambrea
--------------------------------
Rocky Cambrea
Controller


                                       19
Exhibit 4.1


 


THE BANK OF NEW YORK MELLON


NEW YORK’S FIRST BANK-FOUNDED 1784 BY ALEXANDER HAMILTON


 


 


2 HANSON PLACE, 12TH FLOOR, BROOKLYN,
N.Y. 11217


 


 


 


July 21, 2020


 


Hennion & Walsh, Inc.


2001 Route 46, Waterview Plaza


Parsippany, New Jersey 07054


 


SmartTrust 484 (the “Fund”)


 


Dear Sirs:


The Bank of New York
Mellon is acting as trustee for the Fund, consisting of the unit investment trust (the “Trust”) included in
the Registration Statement relating to the Fund. We enclosed a list of the securities to be deposited in the Trust on the date
hereof. The prices indicated therein reflect our evaluation of such securities as of close of business on July 20, 2020, in accordance
with the valuation method set forth in the applicable Standard Terms and Conditions of Trust and Trust Agreement. We consent to
the reference to The Bank of New York Mellon as the party performing the evaluations of the Trust securities in the Registration
Statement (No. 333-237691) filed with the Securities and Exchange Commission with respect to the registration of the sale of the
Units of the Trust and to the filing of this consent as an exhibit thereto.


 


	 	Very truly yours,
	 	 
	 	/s/ GERARDO CIPRIANO
	 	Gerardo Cipriano
	 	Vice President
(b) The captions contained in this Amendment are for convenience of reference only, shall notbe given meaning and do not form part of this Amendment.          (c) This Amendment is made a part of, and is incorporated into, the Exchange Agreement and issubject to all provisions therein, including the assignment and choice of law provisions thereof.In the event of any dispute concerning the validity of this Amendment, this Amendment shall begoverned, including as to validity, interpretation and effect, by, and construed in accordancewith, the internal Laws of the State of Delaware applicable to agreements made and fully performedwithin the State of Delaware.          (d) Facsimile transmission of any signed original document and/or retransmission of any signedfacsimile transmission will be deemed the same as delivery of an original. This Amendment may beexecuted in one or more counterparts, each of which when executed shall be deemed to be anoriginal, but all of which shall constitute but one and the same agreement.[REMAINDER OF PAGE INTENTIONALLY LEFT BLANK]
2

 
     IN WITNESS WHEREOF, the parties hereto have caused this agreement to be duly executed by theirrespective authorized officers as of the date first above written.      ORBITZ WORLDWIDE, INC.
Exhibit 11.01
                                                         

<TABLE>
<CAPTION>
                                                                                  FIRST AVIATION SERVICES INC.
                                                                        STATEMENTS RE COMPUTATION OF PER SHARE EARNINGS
                                                                                       (HISTORICAL BASIS)

                                                                            Quarter ended         Quarter ended
                                                                               4/30/97               4/30/96
                                                                          ------------------    -------------------
<S>                                                                      <C>                    <C>
Net Income Per Common Share:

Net Income before extraordinary item                                             $1,205,000             $1,052,000

Extraordinary item; loss  on early extinguishment of debt                         (193,000)                      -

Net Income                                                                        1,012,000              1,052,000

Preferred Stock Dividends                                                          (18,000)               (33,000)
                                                                          ------------------    -------------------

Net Income applicable to Common Stock                                              $994,000             $1,019,000
                                                                          ==================    ===================

Weighted average common shares outstanding                                        7,128,888              3,556,665

Incremental shares due to warrants to purchase common stock                         428,774              1,823,064

Incremental shares due to stock options                                             149,850                      -

Incremental shares issuable pursuant to  SAB Topic 4D                                     -                149,850

Total Shares                                                                      7,707,512              5,529,579
                                                                          ==================    ===================

Net income per common share before extraordinary item                                 $0.16                  $0.18

Extraordinary item                                                                   (0.03)                      -
                                                                          ------------------    -------------------

Net Income per common share                                                           $0.13                  $0.18
                                                                          ==================    ===================


</TABLE>
<PAGE>

                                                                      Exhibit 11


                                                     Year ended December 31,
                                                   ----------------------------
                                                       2000            1999
                                                   ------------    ------------
 Basic:
       Weighted average shares outstanding           24,476,842      13,159,154
                                                   ============    ============

       Net (loss) income:
             From continuing operations            $   (140,921)   $ (1,351,494)
             From discontinued operations               458,980          91,379
                                                   ------------    ------------
             Total                                 $    318,059    $ (1,260,115)
                                                   ============    ============

       Basic (loss) earning per share:
             From continuing operations            $      (0.01)   $      (0.10)
             From discontinued operations                  0.02               -
                                                   ------------    ------------
             Total                                 $       0.01    $      (0.10)
                                                   ============    ============

Diluted:
       Weighted average shares outstanding           24,476,842      13,159,154

       Net effect of dilutive stock options and
          warrants based on the treasury stock
          method using the year-end market price,
          if higher than average market price                 -               -

                                                   ------------    ------------
       Total                                         24,476,842      13,159,154
                                                   ============    ============

       Net (loss) income:
             From continuing operations            $   (140,921)   $ (1,351,494)
             From discontinued operations               458,980          91,379
                                                   ------------    ------------
             Total                                 $    318,059    $ (1,260,115)
                                                   ============    ============

       Diluted (loss) earning per share:
             From continuing operations            $      (0.01)   $      (0.10)
             From discontinued operations                  0.02               -
                                                   ------------    ------------
             Total                                 $       0.01    $      (0.10)
                                                   ============    ============
#### Charles R. MORRIS, Petitioner-Appellant, v. Harold W. CLARKE, Director, Respondent-Appellee.

No. 13-8030.

United States Court of Appeals, Fourth Circuit.

Submitted: April 24, 2014.

Decided: April 28, 2014.

Charles R. Morris, Appellant Pro Se.

Before NIEMEYER, SHEDD, and FLOYD, Circuit Judges.

Dismissed by unpublished PER CURIAM opinion.

Unpublished opinions are not binding precedent in this circuit.

PER CURIAM:

Charles R. Morris seeks to appeal the district court’s order dismissing as untimely his 28 U.S.C. § 2254 (2012) petition. The order is not appealable unless a circuit justice or judge issues a certificate of ap-pealability. 28 U.S.C. § 2253(c)(1)(A) (2012). A certificate of appealability will not issue absent “a substantial showing of the denial of a constitutional right.” 28 U.S.C. § 2253(c)(2) (2012). When the district court denies relief on procedural grounds, the prisoner must demonstrate both that the dispositive procedural ruling is debatable, and that the petition states a debatable claim of the denial of a constitutional right. *Slack v. McDaniel,*529 U.S. 473, 484-85, 120 S.Ct. 1595, 146 L.Ed.2d 542 (2000).

We have independently reviewed the record and conclude that Morris has not made the requisite showing. Accordingly, we deny a certificate of appealability, deny leave to proceed in forma pauperis, and dismiss the appeal. We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before this court and argument would not aid the decisional process.

*DISMISSED.*
|    |                                                                                         |
|----|-----------------------------------------------------------------------------------------|
| 1. | I have reviewed this Annual Report on Form 10-K/A of Petroleum Development Corporation. |

|    |                                                                                                                                                                                                                                                                                                            |
|----|------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|
| 2. | Based on my knowledge, this report does not contain any untrue statement of a material fact or omit to state a material fact necessary to make the statements made, in light of the circumstances under which such statements were made, not misleading with respect to the period covered by this report. |

|        |
|--------|
|        |  |  |  |
| Date:  | May 18, 2011 |   | /s/ Richard W. McCullough |
|   |   |   | Richard W. McCullough |
|   |   |   | Chief Executive Officer |
2005 Decisions

Opinions of the United

States Court of Appeals

for the Third Circuit

4-21-2005

CBS Broadcasting Inc v. Echostar Comm Corp

Precedential or Non-Precedential: Non-Precedential

Docket No. 04-2861

Follow this and additional works at: http://digitalcommons.law.villanova.edu/thirdcircuit_2005

This decision is brought to you for free and open access by the Opinions of the United States Court of Appeals for the Third Circuit at Villanova

University School of Law Digital Repository. It has been accepted for inclusion in 2005 Decisions by an authorized administrator of Villanova

University School of Law Digital Repository. For more information, please contact Benjamin.Carlson@law.villanova.edu.

Recommended Citation

"CBS Broadcasting Inc v. Echostar Comm Corp" (2005). 2005 Decisions. Paper 1327.

http://digitalcommons.law.villanova.edu/thirdcircuit_2005/1327
NOT PRECEDENTIAL

UNITED STATES COURT OF APPEALS

FOR THE THIRD CIRCUIT

 

No. 04-2861

 

CBS BROADCASTING, INC.

v.

ECHOSTAR COMMUNICATIONS

CORPORATION

 EchoStar Communications Corporation,

 EchoStar Satellite Corporation,

 Satellite Communications Operating

 Corporation and DirectSat Corporation,

 Appellants

 

APPEAL FROM THE UNITED STATES DISTRICT COURT

FOR THE WESTERN DISTRICT OF PENNSYLVANIA

D.C. Misc. No. 02-mc-00402

District Judge: The Honorable Gary L. Lancaster

 

Argued: April 7, 2005 

 

Before: BARRY, AMBRO, and GREENBERG, Circuit Judges

 

(Opinion Filed:April 21, 2005)

 
2

Cynthia A. Ricketts, Esq. (Argued)

Mark A. Nadeau, Esq.

Mitchell W. Fleischmann, Esq.

Squire, Sanders & Dempsey

40 North Central Avenue

Suite 2700

Phoenix, AZ 85004

-ANDDavid J. Hickton, Esq.

John Sieminski, Esq.

Burns, White & Hickton

120 Fifth Avenue, Suite 2400

Pittsburgh, PA 15222

Counsel for Appellants

Neil K. Roman, Esq. (Argued)

Covington & Burling

1201 Pennsylvania Avenue, N.W.

Washington, D.C. 20004

-ANDMichael J. Manzo, Esq.

Nancy E. Rostek, Esq.

Klett, Rooney, Lieber & Scherling

One Oxford Centre, 40 Floor th

Pittsburgh, PA 15219

Counsel for Appellees

 

OPINION

 

BARRY, Circuit Judge

Echostar Communications Corp. (“Echostar”) appeals from an award of discovery
3

sanctions by the District Court. Although we have grave doubts as to the propriety of any

such sanctions on the record presented, we need not reach that question because Echostar

was denied notice and an opportunity to be heard before sanctions were ordered. See

Angelico v. Lehigh Valley Hospital, Inc., 184 F.3d 268, 279 (3d Cir. 1999). We will, 

therefore, vacate the District Court’s orders of April 17, 2003, May 27, 2004, and May

28, 2004 and remand this matter to the District Court for further proceedings in the event

that appellee continues to press its claim for sanctions.
... United States Department of Agriculture 

San Marino - Eligible Plants Certified to Export Meat to the United States 

May 22, 2023 

Updated items marked with an asterisk (*) 

EstForgnNBR Establishment Name Date Listed Date Delisted Date Relisted 

2L San Marino Salumi S.r.l. 01/09/2006
| (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. |
|-----------------------------|------------------------------------------------------------------------------------------------------------------------------------------------------|

|               |   |                                                             |   |
|--------------------|--------|------------------------------------------------------------------|--------|
| Date: May 13, 2014 | By:    | /s/ Robert Zysblat                                               |   |
|               |   | Robert Zysblat                                                   |   |
|               |   | President  (principal executive and financial officer) |   |
|               |   |                                                             |   |
<TABLE> <S> <C>

<PAGE>
 
<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM FORM 10-Q
FOR MARCH 31, 1997 AND IS QUALIFIED IN ITS ENTIRETY BY REFERENCE TO SUCH
FINANCIAL STATEMENTS.
</LEGEND>
       
<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                          DEC-31-1997
<PERIOD-END>                               MAR-31-1997
<CASH>                                       5,211,000
<SECURITIES>                                         0
<RECEIVABLES>                                5,608,000
<ALLOWANCES>                                   206,000
<INVENTORY>                                    143,000
<CURRENT-ASSETS>                            11,102,000
<PP&E>                                      31,110,000
<DEPRECIATION>                              13,572,000
<TOTAL-ASSETS>                              32,615,000
<CURRENT-LIABILITIES>                        6,196,000
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                        84,000
<OTHER-SE>                                  20,020,000
<TOTAL-LIABILITY-AND-EQUITY>                32,615,000
<SALES>                                      1,383,624
<TOTAL-REVENUES>                             6,548,000
<CGS>                                          618,126
<TOTAL-COSTS>                                4,664,000
<OTHER-EXPENSES>                               946,000
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                               6,000
<INCOME-PRETAX>                              1,004,000
<INCOME-TAX>                                    81,000
<INCOME-CONTINUING>                            923,000
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                   923,000
<EPS-PRIMARY>                                      .11
<EPS-DILUTED>                                      .11
        

</TABLE>
**Exhibit 35.1****SERVICER COMPLIANCE STATEMENT**     In connection with the Annual Report on Form 10-K of Santander Drive Auto Receivables Trust2007-1 for the fiscal year ending December 31, 2007 (the “Report”), the undersigned, a dulyauthorized officer of Santander Consumer USA Inc. (the “Servicer”), does hereby certify andrepresent that: 1. A review of the activities and performance of the Servicerunder the Sale and Servicing Agreement dated April 4, 2007 among Santander Drive AutoReceivables LLC, Santander Consumer USA Inc., Santander Drive Auto Receivables Trust2007-1 and Wells Fargo Bank, National Association (the “Agreement”) during the periodthat is the subject of the Report has been made under my supervision.  2. To the best of my knowledge, based on such review, the Servicerhas fulfilled all of its obligations under the Agreement in all material respectsthroughout the period that is the subject of the Report except as described below.  3. In certain instances payments on pool assets were not deposited into theappropriate custodial bank accounts within two business days of receipt and monthlyservicing certificates were not delivered to the Indenture Trustee in accordance withthe timeframe set forth in the transaction agreements. The Servicer has implementedenhanced management controls to address these issues.     IN WITNESS WHEREOF, the undersigned has duly executed this Servicer Compliance Statement as ofMarch 31, 2008.SANTANDER CONSUMER USA INC.        By:  /s/ Jason Kulas    Name:  Jason Kulas    Title:  Chief Financial Officer
<PAGE>   1
                                                                    EXHIBIT 10.5

                    SECOND AMENDMENT TO CONSULTING AGREEMENT

         THIS SECOND AMENDMENT TO CONSULTING AGREEMENT (this "AMENDMENT") is
made this 7th day of September, 1997, effective as of the 1st day of July,
1997, by and between Atlantic Premium Brands, Ltd., a Delaware corporation (the
"COMPANY"), STERLING ADVISORS, L.P., a Delaware limited partnership
("STERLING") and ELFMAN VENTURE PARTNERS, INC., an Illinois corporation
("EVP").  Sterling and EVP are hereinafter referred to together as the
"MANAGERS".

         WHEREAS, effective as of March 15, 1996, the Company and the Managers
entered into a Consulting Agreement, amended as of October 16, 1996  (as
amended, the "AGREEMENT") which provided for the Managers rendering consulting
services to the Company in consideration for payment of fees and other
consideration therefore, all on terms more specifically enumerated in the
Agreement; and

         WHEREAS, capitalized terms not otherwise defined herein shall have the
meanings ascribed to such terms in the Agreement; and

         WHEREAS, the Company and the Managers have agreed to amend the
Agreement as set forth herein, all according to the terms and conditions set
forth herein.

         NOW, THEREFORE, in consideration of the mutual promises and covenants
contained herein, the parties hereto do hereby agree as follows:

         1.  Amendment.  The parties acknowledge that the Managers have and
will spend substantial amounts of time in assisting the Company in the
acquisition of certain assets of J.C. Potter Sausage Company (and affiliates)
and the related financing, which will include subordinated, or mezzanine,
financing.  In consideration of such efforts, upon the consummation of such
acquisition and financing, there shall be due and owing from the Company to the
Managers an aggregate of $750,000.00.  Such amounts shall be paid in lieu of
all other fees payable under the Agreement (which will not include
reimbursement of expenses) which would otherwise be due and payable during the
time period beginning July 1, 1997 through and including December 31, 1998.

         2.  Continued Effectiveness of Agreement.  Except as expressly amended
hereby, the Agreement shall continue in full force and effect.





                                 (end of text)
                         ******************************
<PAGE>   2
         IN WITNESS WHEREOF, the parties hereto have executed this Amendment as
of the day and year first written above.

STERLING ADVISORS, L.P.
  By Sterling Group, Inc.




By /s/ STEVEN M. TASLITZ
   ---------------------
   Steven M. Taslitz, President

ELFMAN VENTURE PARTNERS, INC.




By /s/ MERRICK M. ELFMAN
   ---------------------
   Merrick M. Elfman, President

ATLANTIC PREMIUM BRANDS, LTD.




By /s/ ALAN F. SUSSNA
   ------------------
   Alan F. Sussna, CEO





                                       2