alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
# C_2006326EN.01005402.xml

| 30.12.2006 | EN | Official Journal of the European Union | C 326/54 |
| --- | --- | --- | --- |

30.12.2006

EN

Official Journal of the European Union

C 326/54

---

Judgment of the Court of First Instance of 16 November 2006 — Masdar (UK) Ltd v Commission

(Case T-333/03) (1)

1

(Non-contractual liability of the Community - TACIS programme - Sub-contracted services - Refusal to make payment - Unjust enrichment - Negotiorum gestio - Recovery of sum not due - Legitimate expectations - Duty of diligence)

(2006/C 326/116)

Language of the case: English

Parties

Applicant: Masdar (UK) Ltd (established in Eversley, United Kingdom) (represented by: A. Bentley QC, and P. Green, Barrister)

Applicant:

Defendant: Commission of the European Communities (represented by: J. Enegren and M. Wilderspin, Agents)

Defendant:

Re:

Action under Article 235 EC and the second paragraph of Article 288 EC for payment for services supplied by the applicant in connection with TACIS contracts MO.94.01/01.01/B002 and RU 96/5276/00, compensation for the damage suffered by the applicant as a result of the non-payment for those services and payment of interest.

Operative part of the judgment

The Court:

| 1. | Dismisses the action; |
| --- | --- |

1.

Dismisses the action;

| 2. | Orders the applicant to pay the costs. |
| --- | --- |

2.

Orders the applicant to pay the costs.

---

(1)  OJ C 289 of 29.11.2003.

1

---
#### HATCHER v. ROSE

No. 171PA90

Case below: 97 N.C.App. 652

Petition by defendants for discretionary review pursuant to G.S. 7A-31 allowed 13 June 1990.
H. Res. 637

In the House of Representatives, U.S.,

October 19, 2000.

Resolved, That upon the adoption of this resolution it

shall be in order without intervention of any point of order

to consider in the House the joint resolution (H.J. Res. 114)

making further continuing appropriations for the fiscal year

2001, and for other purposes. The joint resolution shall be

considered as read for amendment. The previous question

shall be considered as ordered on the joint resolution to final

passage without intervening motion except: (1) one hour of

debate equally divided and controlled by the chairman and

ranking minority member of the Committee on Appropriations; and (2) one motion to recommit.

Attest:

Clerk.
# C_2006297EN.01004802.xml

| 7.12.2006 | EN | Official Journal of the European Union | C 297/48 |
| --- | --- | --- | --- |

7.12.2006

EN

Official Journal of the European Union

C 297/48

---

Non-opposition to a notified concentration

(Case COMP/M.4271 — Daikin/OYL)

(Text with EEA relevance)

(2006/C 297/15)

On 2 October 2006, the Commission decided not to oppose the above notified concentration and to declare it compatible with the common market. This decision is based on Article 6(1)(b) of Council Regulation (EC) No 139/2004. The full text of the decision is available only in English and will be made public after it is cleared of any business secrets it may contain. It will be available:

| — | from the Europa competition website (http://ec.europa.eu/comm/competition/mergers/cases/). This website provides various facilities to help locate individual merger decisions, including company, case number, date and sectoral indexes, |
| --- | --- |

—

from the Europa competition website (http://ec.europa.eu/comm/competition/mergers/cases/). This website provides various facilities to help locate individual merger decisions, including company, case number, date and sectoral indexes,

| — | in electronic form on the EUR-Lex website under document number 32006M4271. EUR-Lex is the on-line access to European law. (http://eur-lex.europa.eu) |
| --- | --- |

—

in electronic form on the EUR-Lex website under document number 32006M4271. EUR-Lex is the on-line access to European law. (http://eur-lex.europa.eu)

---
§ 100.132 News story, commentary, or editorial by the media. Any cost incurred in covering or carrying a news story, commentary, or editorial by any broadcasting station (including a cable television operator, programmer or producer), website, newspaper, magazine, or other periodical publication, including any Internet or electronic publication, is not an expenditure unless the facility is owned or controlled by any political party, political committee, or candidate, in which case the cost for a news story: ( a ) That represents a *bona fide* news account communicated in a publication of general circulation or on a licensed broadcasting facility; and
( b ) That is part of a general pattern of campaign-related news account that give reasonably equal coverage to all opposing candidates in the circulation or listening area, is not an expenditure.
[67 FR 50585, Aug. 5, 2002, as amended at 71 FR 18613, Apr. 12, 2006; 89 FR 215, Jan. 2, 2024]
### §3703. Applicability

Multifamily mortgages held by the Secretary encumbering real estate located in any State may be foreclosed by the Secretary in accordance with this chapter, or pursuant to other foreclosure procedures available, at the option of the Secretary. If the Secretary forecloses on any such mortgage pursuant to such other foreclosure procedures available, the provisions of section 3706(b) of this title may be applied at the discretion of the Secretary.

(Pub. L. 97–35, title III, §364, Aug. 13, 1981, 95 Stat. 423; Pub. L. 98–181, title I [title IV, §471], Nov. 30, 1983, 97 Stat. 1237.)

#### **Editorial Notes**

#### Amendments

1983—Pub. L. 98–181 inserted provision relating to application of section 3706(b) of this title in event of foreclosure under other foreclosure procedures.
# C_2006326EN.01003801.xml

| 30.12.2006 | EN | Official Journal of the European Union | C 326/38 |
| --- | --- | --- | --- |

30.12.2006

EN

Official Journal of the European Union

C 326/38

---

Reference for a preliminary ruling from the Verwaltungsgericht Köln (Germany) lodged on 2 November 2006 — Firma cp-Pharma Handels GmbH v Bundesrepublik Deutschland

(Case C-448/06)

(2006/C 326/80)

Language of the case: German

Referring court

Verwaltungsgericht Köln

Parties to the main proceedings

Applicant: Firma cp-Pharma Handels GmbH

Applicant:

Defendant: Bundesrepublik Deutschland

Defendant:

Question referred

Is Commission Regulation (EC) No 1873/2003 of 24 October 2003 (1) amending Annex II to Council Regulation (EEC) No 2377/90 laying down a Community procedure for the establishment of maximum residue limits of veterinary medicinal products in foodstuffs of animal origin (2) void on account of a breach of higher-ranking Community law (Articles 1(1) and 3 of Council Regulation (EEC) No 2377/90 in conjunction with Article 4(1) of Council Directive 96/22/EC of 29 April 1996 (3)), in so far as application of an injection solution as a pharmaceutical form is excluded by virtue of the note marked (*) against the listing of progesterone in Annex II to Council Regulation (EEC) No 2377/90?

1

2

3

---

(1)  OJ 2003 L 275, p. 9.

1

(2)  OJ 1990 L 224, p. 1.

2

(3)  OJ 1996 L 125, p. 3.

3

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



In accordance with the rules and regulations of the Securities
and Exchange Commission, the following certification shall not be deemed to be filed with the Commission under the Securities Exchange
Act of 1934, as amended, or otherwise subject to the liabilities of Section 18 of the Exchange Act and shall not be deemed to be
incorporated by reference into any filing under the Securities Act of 1933, as amended, or the Exchange Act, notwithstanding any
general incorporation by reference of this Report of Aquasition Corp. (the “Company”) on Form 6-K as filed with the
Commission on the date hereof (the “Report”), into any other document filed with the Commission by the Company.



In connection with the Report, each of the undersigned, in the
capacities and on the dates indicated below, hereby certifies pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section
906 of the Sarbanes-Oxley Act of 2002, that, to the best of his 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.
| | -- | ----------------------------------------------------------------------------------------------------------------------------------------------------



Dated: May 31, 2013

| | By: | /s/ Matthew C. Los      | 
| | --- | ----------------------- | 
| |     | Matthew C. Los         
| |     | Chief Executive Officer





Dated: May 31, 2013

| | By: | /s/ Stylianos Stergios Sougioultzoglou | 
| | --- | -------------------------------------- | 
| |     | Stylianos Stergios Sougioultzoglou    
| |     | Chief Financial Officer
#### STATE OF CONNECTICUT *v.*WILLIAM L. ANKERMAN

Decided June 16, 2004

*William L. Ankerman,*pro se, in support of the petition.

*Ronald G. Weller,*assistant state’s attorney, in opposition.

ZARELLA, J.,

did not participate in the consideration or decision of this petition.
#### § 522.9 Publication of class III ordinance and approval.

The Chair shall publish notice of approval of class III tribal gaming ordinances or resolutions in the Federal Register, along with the Chair's approval thereof.
```

[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[H. Res. 555 Engrossed in House (EH)]

                 In the House of Representatives, U.S.,

                                                         July 19, 2000.
    Resolved, That upon the adoption of this resolution it shall be in order to 
consider in the House the bill (H.R. 4118) to prohibit the rescheduling or 
forgiveness of any outstanding bilateral debt owed to the United States by the 
Government of the Russian Federation until the President certifies to the 
Congress that the Government of the Russian Federation has ceased all its 
operations at, removed all personnel from, and permanently closed the 
intelligence facility at Lourdes, Cuba. The bill shall be considered as read for 
amendment. The amendment recommended by the Committee on International Relations 
now printed in the bill shall be considered as adopted. The previous question 
shall be considered as ordered on the bill, as amended, and on any further 
amendment thereto to final passage without intervening motion except: (1) one 
hour of debate on the bill, as amended, equally divided and controlled by the 
chairman and ranking minority member of the Committee on International 
Relations; (2) an amendment in the nature of a substitute printed in the 
Congressional Record pursuant to clause 8 of rule XVIII, if offered by 
Representative Gejdenson of Connecticut or his designee, which shall be 
considered as read and shall be separately debatable for one hour equally 
divided and controlled by the proponent and an opponent; and (3) one motion to 
recommit with or without instructions.
            Attest:

                                                                          Clerk.
```
Exhibit 32

                    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 Atlantica, Inc. (the "Company")
on Form 10-QSB for the period ending March 31, 2001, as filed with the
Securities and Exchange Commission on the date hereof (the "Quarterly
Report"), We, Thomas J. Howells, President and Travis Jenson, Secretary of the
Company, certify, pursuant to 18 U.S.C. Section 1350, as adopted pursuant to
Section 906 of the Sarbanes-Oxley Act of 2002, that:

     (1) The Quarterly 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 Quarterly Report fairly presents,
in all material respects, the financial condition and result of operations of
the Company.


Date: 6/24/2005                          /s/Thomas J. Howells
     ----------                          ---------------------
                                         Thomas J. Howells
                                         President and director


Date: 6/24/2005                          /s/Travis Jenson
     ----------                          ---------------------
                                         Travis Jenson
                                         Secretary and director
### §3909. General authorities

#### (a) Rules and regulations

(1) The appropriate Federal banking agencies are authorized to interpret and define the terms used in this chapter, and each appropriate Federal banking agency shall prescribe rules or regulations or issue orders as necessary to effectuate the purposes of this chapter and to prevent evasions thereof.

(2) The appropriate Federal banking agency is authorized to apply the provisions of this chapter to any affiliate of an insured depository institution, but only to affiliates for which it is the appropriate Federal banking agency, in order to promote uniform application of this chapter or to prevent evasions thereof.

(3) For purposes of this section, the term "affiliate" shall have the same meaning as in section 371c of this title, except that the term "member bank" in such section shall be deemed to refer to an "insured depository institution", as such term is defined in section 1813(c)(2) of this title.

#### (b) Systems uniformity

The appropriate Federal banking agencies shall establish uniform systems to implement the authorities provided under this chapter.

#### (c) Existing authorities

(1) The powers and authorities granted in this chapter shall be supplemental to and shall not be deemed in any manner to derogate from or restrict the authority of each appropriate Federal banking agency under section 1818 of this title or any other law including the authority to require additional capital or reserves.

(2) Any such authority may be used by any appropriate Federal banking agency to ensure compliance by a banking institution with the provisions of this chapter and all rules, regulations, or orders issued pursuant thereto.

#### (d) Civil penalties; assessment and collection

(1) Any banking institution which violates, or any officer, director, employee, agent, or other person participating in the conduct of the affairs of such banking institution, who violates any provision of this chapter, or any rule, regulation, or order, issued under this chapter, shall forfeit and pay a civil penalty of not more than $1,000 per day for each day during which such violation continues.

(2) Such violations shall be deemed to be a violation of a final order under section 1818(i)(2) of this title and the penalty shall be assessed and collected by the appropriate Federal banking agency under the procedures established by, and subject to the rights afforded to parties in, such section.

(Pub. L. 98–181, title I [title IX, §910], Nov. 30, 1983, 97 Stat. 1282; Pub. L. 109–351, title VII, §713(b), Oct. 13, 2006, 120 Stat. 1995.)

#### **Editorial Notes**

#### Amendments

2006—Subsec. (a)(2). Pub. L. 109–351, §713(b)(1), substituted "insured depository institution" for "insured bank".

Subsec. (a)(3). Pub. L. 109–351, §713(b)(2), substituted "an 'insured depository institution', as such term is defined in section 1813(c)(2)" for "an 'insured bank', as such term is used in section 1813(h)".
**Exhibit 99.1**

** **

**CertificationPursuant to 18 U.S.C. Section 1350,as Adopted Pursuant toSection 906 of the Sarbanes-Oxley Act of 2002**

 

In connection with the Annual Report on Form10-K of Vital Images, Inc. (the “Company”) for the period ended December 31, 2002,as filed with the Securities and Exchange Commission on March 28, 2003 (the“Periodic Report”), I, Jay D. Miller, Chief Executive Officer of the Company,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 Periodic Reportfully complies with the requirements of section 13(a) or 15(d) of theSecurities Exchange Act of 1934 (15 U.S.C. 78m or 78o(d)); and

 

2.               The informationcontained in the Periodic Report fairly presents, in all material respects, thefinancial condition and results of operations of the Company.

 

 
| Dated:  March 28, 2003 |   | /s/ Jay D. Miller       |
|-----------------------------|--------|-------------------------|
|                        |   | Jay D. Miller           |
|                        |   | Chief Executive Officer |
|                        |   | Vital Images, Inc.      |

 

----
**Exhibit 32.1**

**CERTIFICATIONPURSUANT TO18 U.S.C. SECTION 1350,AS ADOPTED PURSUANT TOSECTION 906 OF THE SARBANES-OXLEYACT OF 2002**

In connection withthe Quarterly Report on Form 10-Q of FairPoint Communications, Inc.(the “Company”) for the quarter ended March 31, 2006 as filed withthe Securities and Exchange Commission on the date hereof (the “Report”), I,Eugene B. Johnson, Chief Executive Officer of the Company, certify, pursuant to18 U.S.C. § 1350, as adopted pursuant to § 906 of the Sarbanes-Oxley Actof 2002, that:

1.                The Report fullycomplies with the requirements of section 13(a) or 15(d) of theSecurities Exchange Act of 1934; and

2.                Theinformation contained in the Report fairly presents, in all material respects,the financial condition and results of operations of the Company. 
| /s/ EUGENE  B. JOHNSON    | * * |
|---------------------------|----------|
| Eugene B. Johnson         |
| *Chief Executive Officer* |
| May 9, 2006          |

 

A signed original of this written statement requiredby Section 906 has been provided to the Company and will be retained bythe Company and furnished to the Securities and Exchange Commission or itsstaff upon request.

----
§ 502.7 Electronic, computer or other technologic aid. ( a ) *Electronic, computer or other technologic aid* means any machine or device that: ( 1 ) Assists a player or the playing of a game;
( 2 ) Is not an electronic or electromechanical facsimile; and
( 3 ) Is operated in accordance with applicable Federal communications law.
( b ) Electronic, computer or other technologic aids include, but are not limited to, machines or devices that: ( 1 ) Broaden the participation levels in a common game;
( 2 ) Facilitate communication between and among gaming sites; or
( 3 ) Allow a player to play a game with or against other players rather than with or against a machine.
( c ) Examples of electronic, computer or other technologic aids include pull tab dispensers and/or readers, telephones, cables, televisions, screens, satellites, bingo blowers, electronic player stations, or electronic cards for participants in bingo games.
[67 FR 41172, June 17, 2002]
EXHIBIT 3.5.1

                            CERTIFICATE OF AMENDMENT
                                       TO
                           CERTIFICATE OF DESIGNATION
                                       OF
                                   PREFERENCES
                                       OF
                      SERIES C CONVERTIBLE PREFERRED STOCK
                                       OF
                             LYNX THERAPEUTICS, INC.


         Lynx Therapeutics, Inc., a corporation organized and existing under and
by virtue of the General  Corporation Law of the State of Delaware,  DOES HEREBY
CERTIFY:

         FIRST:  The name of the  corporation  is Lynx  Therapeutics,  Inc. (the
"Corporation").

         SECOND:  The date on which  the  Certificate  of  Incorporation  of the
Corporation first was filed with the Secretary of State of the State of Delaware
is February 18, 1992.

         THIRD: The Board of Directors, acting in accordance with the provisions
of Section 151 of the General Corporation Law of the State of Delaware,  adopted
resolutions  to decrease the number of shares of Preferred  Stock  designated as
"Series C Convertible  Preferred  Stock" to the number of such shares  currently
outstanding,  by amending  Section A of Article THIRD and the first paragraph of
Section B of Article THIRD of the  "Certificate of Designation of Preferences of
Series C  Convertible  Preferred  Stock of Lynx  Therapeutics,  Inc." to read in
their entirety as follows:

                  "A. One Hundred Twenty-Three  Thousand Two Hundred Ninety-Nine
         (123,299)  of the  authorized  shares of  Preferred  Stock  hereby  are
         designated "Series C Convertible Preferred Stock."

                  B. The powers,  preferences,  rights,  restrictions  and other
         matters relating to the One Hundred  Twenty-Three  Thousand Two Hundred
         Ninety-Nine  (123,299)  shares of Series C Convertible  Preferred Stock
         are as follows:"



<PAGE>


         IN WITNESS WHEREOF, Lynx Therapeutics, Inc. has caused this Certificate
of  Amendment  to be signed by its Chief  Executive  Officer and attested by its
Secretary this 23rd day of December, 1996.

                                                   LYNX THERAPEUTICS, INC.


                                                   /s/ Sam Eletr
                                                   ---------------------------
                                                   Sam Eletr, Ph.D.
                                                   Chief Executive Officer


ATTEST:


/s/ James C. Kitch
-------------------------
James C. Kitch
Secretary

                                       2.
### §1747b. Premium charges; fees for examination and inspection

(a) For insurance granted pursuant to this subchapter the Secretary shall fix and collect a premium charge in an amount not exceeding one-half of 1 per centum of the outstanding investment for the operating year for which such premium charge is payable without taking into account the excess earnings, if any, applied, in addition to the minimum annual amortization charge, to amortization of the outstanding investment. Such premium charge shall be payable annually in advance by the investor, either in cash or in debentures issued by the Secretary under this subchapter at par plus accrued interest: Provided, That, if in any operating year the gross income shall be less than the operating expenses, the premium charge payable during such operating year shall be waived, but only to the extent of the amount of the difference between such expenses and such income and subject to subsequent payment out of any excess earnings as hereinafter provided.

(b) With respect to any project offered for insurance under this subchapter, the Secretary is authorized to charge and collect reasonable fees for examination, and for inspection during the construction of the project: Provided, That such fees shall not aggregate more than one-half of 1 per centum of the estimated investment.

(June 27, 1934, ch. 847, title VII, §703, as added Aug. 10, 1948, ch. 832, title IV, §401, 62 Stat. 1277; amended Apr. 20, 1950, ch. 94, title I, §122, 64 Stat. 59; Pub. L. 90–19, §1(a)(3), May 25, 1967, 81 Stat. 17.)

#### **Editorial Notes**

#### Amendments

1967—Pub. L. 90–19 substituted "Secretary" for "Commissioner" wherever appearing in subsecs. (a) and (b).

1950—Act Apr. 20, 1950, substituted "Commissioner" for "Administrator" wherever appearing.