alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
# C_2007069EN.01000701.xml

| 24.3.2007 | EN | Official Journal of the European Union | C 69/7 |
| --- | --- | --- | --- |

24.3.2007

EN

Official Journal of the European Union

C 69/7

---

Reference for a preliminary ruling from the Bundesverwaltungsgericht (Germany) lodged on 22 January 2007 — 01081 Telecom AG v Bundesrepublik Deutschland

(Case C-15/07)

(2007/C 69/13)

Language of the case: German

Referring court

Bundesverwaltungsgericht

Parties to the main proceedings

Applicant: 01081 Telecom AG

Applicant:

Defendant: Bundesrepublik Deutschland

Defendant:

Question referred

Is it consistent with the first sentence of Article 27 of Directive 2002/21/EC (1) of the European Parliament and of the Council of 7 March 2002 on a common regulatory framework for electronic communications networks and services (Framework Directive) and Article 7 of Directive 2002/19/EC (2) of the European Parliament and of the Council of 7 March 2002 on access to, and interconnection of, electronic communications networks and associated facilities (Access Directive) if, under national law, a statutory requirement formerly provided for in that law under which interconnection charges are to be calculated by reference to the cost of the efficient provision of services is to be maintained temporarily, even though there is no obligation to do so under Community law?

1

2

---

(1)  OJ L 108, p. 33.

1

(2)  OJ L 108, p. 7.

2

---
<PAGE>

                                                                      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 Proteo, Inc., a Nevada
corporation (the "Company"), on Form 10-QSB for the quarter ended September 30,
2005, as filed with the Securities and Exchange Commission (the "Report"), Birge
Bargmann, Chief Executive Officer and Chief Financial Officer, does hereby
certify, pursuant to Section 906 of the Sarbanes-Oxley Act of 2002 (18 U.S.C.
ss. 1350), that to her 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 result of
              operations of the Company.


Date:    November 14, 2005
         -----------------

/s/ Birge Bargmann
---------------------------
Birge Bargmann
CHIEF EXECUTIVE OFFICER AND
CHIEF FINANCIAL OFFICER



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 PROTEO, INC. AND SUBSIDIARY AND
WILL BE RETAINED BY PROTEO, INC. AND SUBSIDIARY AND FURNISHED TO THE SECURITIES
AND EXCHANGE COMMISSION OR ITS STAFF UPON REQUEST.
<TABLE> <S> <C>

<PAGE>
<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM THE AUDITED
CONSOLIDATED BALANCE SHEETS AND CONSOLIDATED STATEMENTS OF OPERATIONS FOR THE
PERIOD ENDED JULY 31 1998 AND IS QUALIFIED IN ITS ENTIRETY BY REFERENCE TO SUCH
FINANCIAL STATEMENTS.
</LEGEND>
       
<S>                             <C>
<PERIOD-TYPE>                   YEAR
<FISCAL-YEAR-END>                          JUL-31-1998
<PERIOD-START>                             AUG-01-1997
<PERIOD-END>                               JUL-31-1998
<CASH>                                               0
<SECURITIES>                                         0
<RECEIVABLES>                                   49,708<F1>
<ALLOWANCES>                                         0
<INVENTORY>                                     51,973
<CURRENT-ASSETS>                               106,439
<PP&E>                                         184,510
<DEPRECIATION>                                  45,846
<TOTAL-ASSETS>                                 295,341
<CURRENT-LIABILITIES>                           52,548
<BONDS>                                        143,529
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                            90
<OTHER-SE>                                      87,123
<TOTAL-LIABILITY-AND-EQUITY>                   295,341
<SALES>                                        319,038
<TOTAL-REVENUES>                               319,038
<CGS>                                          281,707
<TOTAL-COSTS>                                  281,707
<OTHER-EXPENSES>                                17,125
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                               8,124
<INCOME-PRETAX>                                 12,082
<INCOME-TAX>                                     4,690
<INCOME-CONTINUING>                              7,392
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                      (1,111)
<NET-INCOME>                                     6,281
<EPS-PRIMARY>                                    $0.70
<EPS-DILUTED>                                    $0.69
<FN>
<F1> Notes and accounts receivable-trade are reported net
     of allowances for doubtful accounts.
</FN>
        

</TABLE>
### §§1401 to 1404. Repealed. Pub. L. 115–334, title V, §5411(64), Dec. 20, 2018, 132 Stat. 4686

Section 1401, act Mar. 3, 1932, ch. 70, §1, 47 Stat. 60; Ex. Ord. No. 6084, Mar. 27, 1933, related to authorization of loans by the Governor of the Farm Credit Administration.

Section 1402, act Mar. 3, 1932, ch. 70, §2, 47 Stat. 60; Ex. Ord. No. 6084, Mar. 27, 1933, set limitation on loans to individual stockholders and required approval of financial structure of corporation prior to loan made upon its capital stock.

Section 1403, act Mar. 3, 1932, ch. 70, §3, 47 Stat. 60, related to minimum paid-in capital stock for loan or advance.

Section 1404, act Mar. 3, 1932, ch. 70, §4, 47 Stat. 60, authorized appropriations to be paid into a revolving fund.
###### Editorial Note on Part 900

#### Editorial Note:

Nomenclature changes to part 900 appear at 67 FR 34602, May 15, 2002.

#### § 900.56 What maintenance is required for property?

Required maintenance includes the performance of actions necessary to keep the property in good working condition, the procedures recommended by equipment manufacturers, and steps necessary to protect the interests of the contractor and the Secretary in any express warranties or guarantees covering the property.
#### § 381.165 “(Kind) barbecued prepared with moist heat.”

Such product consists of ready-to-cook poultry of the kind indicated that has been cooked by the action of moist heat in a barbecue sauce.
II

106TH CONGRESS

1ST SESSION S. 122

To amend title 37, United States Code, to ensure equitable treatment of

members of the National Guard and the other reserve components of

the United States with regard to eligibility to receive special duty assignment pay; and for other purposes.

IN THE SENATE OF THE UNITED STATES

JANUARY 19, 1999

Mr. FEINGOLD introduced the following bill; which was read twice and

referred to the Committee on Armed Services

A BILL

To amend title 37, United States Code, to ensure equitable

treatment of members of the National Guard and the

other reserve components of the United States with regard to eligibility to receive special duty assignment pay;

and for other purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘Guard and Reserve

5 Special Duty Assignment Pay Equity Act of 1999’’.
2

•S 122 IS

1 SEC. 2. ENTITLEMENT OF RESERVES NOT ON ACTIVE DUTY

2 TO RECEIVE SPECIAL DUTY ASSIGNMENT

3 PAY.

4 (a) AUTHORITY.—Section 307(a) of title 37, United

5 States Code, is amended by inserting after ‘‘is entitled to

6 basic pay’’ in the first sentence the following: ‘‘, or is enti7 tled to compensation under section 206 of this title in the

8 case of a member of a reserve component not on active

9 duty,’’.

10 (b) EFFECTIVE DATE.—The amendment made by

11 subsection (a) shall take effect on the first day of the first

12 month that begins on or after the date of the enactment

13 of this Act.

14 SEC. 3. OFFSET OF COST BY TERMINATION OF THE OPER15 ATION OF THE EXTREMELY LOW FREQUENCY

16 COMMUNICATION SYSTEM OF THE NAVY.

17 (a) TERMINATION REQUIRED.—The Secretary of the

18 Navy shall terminate the operation of the Extremely Low

19 Frequency Communication System of the Navy.

20 (b) MAINTENANCE OF INFRASTRUCTURE.—The Sec21 retary shall maintain the infrastructure necessary for re22 suming operation of the Extremely Low Frequency Com23 munication System.

24 (c) EXCESS SAVINGS TO BE CREDITED TO DEFICIT

25 REDUCTION.—To the extent, if any, that the amount of

26 expenditures forgone for a fiscal year for the operation
3

•S 122 IS

1 of the Extremely Low Frequency Communication System

2 by reason of this section exceeds the increased cost of pay3 ing special duty assignment pay in that fiscal year as a

4 result of the amendment made by section 2, the excess

5 amount shall be credited to budget deficit reduction for

6 that fiscal year.

Æ
§ 311.3 Hog cholera. ( a ) The carcasses of all hogs affected with hog cholera shall be condemned.
( b ) Inconclusive but suspicious symptoms of hog cholera observed during the ante-mortem inspection of a U.S. suspect shall be duly considered in connection with post-mortem findings and when the carcass of such a suspect shows lesions in the kidneys and the lymph nodes which resemble lesions of hog cholera, they shall be regarded as those of hog cholera and the carcass shall be condemned.
( c ) When lesions resembling those of hog cholera occur in kidneys and lymph nodes of carcasses of hogs which appeared normal on ante-mortem inspection, further inspection of such carcasses shall be made for corroborative lesions. If on such further inspection, characteristic lesions of hog cholera are found in some organ or tissue in addition to those in the kidneys or in the lymph nodes or in both, then all lesions shall be regarded as those of hog cholera and the carcass shall be condemned. Immediate notification shall be given by the inspector to the official in the Veterinary Services unit of the Animal and Plant Health Inspection Service who has responsibility for control of swine diseases in the State where the swine are located.
[35 FR 15569, Oct. 3, 1970, as amended at 40 FR 27225, June 27, 1975]
### **CHAPTER 3—COLLECTION AND PUBLICATION OF STATISTICS**

#### SUBCHAPTER I—COTTON

Sec.
41.
Collection and publication.
42.
Contents of reports; number of bales of linter; distribution; publication by Department of Agriculture.
43.
Records and reports of cotton ginners.
44.
Foreign cotton statistics.
45.
Simultaneous publication of cotton reports.

#### SUBCHAPTER II—OILSEEDS, NUTS, AND KERNELS; FATS, OILS, AND GREASES

61.
Collection and publication.
62.
Additional statistics.
63.
Duplicate collection of statistics prohibited; access to available statistics.

#### SUBCHAPTER III—APPAREL AND TEXTILES

81.
Statistics on apparel and textile industries.

#### SUBCHAPTER IV—QUARTERLY FINANCIAL STATISTICS

91.
Collection and publication.

#### SUBCHAPTER V—MISCELLANEOUS

101.
Defective, dependent, and delinquent classes; crime.
102.
Religion.
103.
Designation of reports.

#### **Editorial Notes**

#### Amendments

**1986**—Pub. L. 99–467, §1(b), Oct. 14, 1986, 100 Stat. 1192, redesignated items for subchapters III and IV as subchapters IV and V, respectively, and added items for subchapter III and section 81.

**1983**—Pub. L. 97–454, §1(b), Jan. 12, 1983, 96 Stat. 2494, redesignated item for subchapter III as subchapter IV and added items for subchapter III and section 91.
<PAGE>
                                                                   Exhibit 10.7

                   FURTHER ASSURANCE AND COMPLIANCE AGREEMENT

     For and in consideration of Ten Dollars ($10.00) and other good and
valuable consideration, and the funding of that certain Revolving Line of Credit
Master Promissory Note of even date in the amount of $7,000,000.00 (herein,
"Loan") from Insurance Management Solutions Group, Inc. (herein, "Lender") to
Bankers Insurance Group, Inc. and Bankers Underwriters, Inc. (herein
collectively, "Borrower"), the Borrower agrees to cooperate, adjust, initial,
re-execute and re-deliver any and all closing documents, including but not
limited to any Notes, Credit Agreements, and Affidavits if deemed necessary or
desirable in the sole discretion of the Lender in order to consummate or
complete the Loan from the Lender to Borrower or to perfect the Lender's lien.
It is the intention of the parties that all documentation for the Loan (herein,
the "Loan Documents") shall be an accurate reflection of the Lender's
requirements.

     The Borrower agrees and covenants to assure that the Loan and Loan
Documents conform to the Lender's requirements. The Lender is relying upon this
Agreement and the covenants contained herein in consideration for funding the
Loan to Borrower.

     The Lender shall have the right to bring suit to enforce the obligations
incurred in connection with this Agreement, and in the event any suit is
brought to enforce this Agreement, the Lender shall be entitled to recover all
costs and expenses incurred, including a reasonable attorney fee.

     DATED this 15 day of August, 2002.

WITNESSES:                  "Borrower":
                            Bankers Insurance Group, Inc., a Florida corporation

/s/ Nancy C. Haire          By: /s/ David B. Snyder
--------------------        ------------------------
/s/ Harold David Holland        Its Vice President & Assistant Secretary
--------------------
As to Borrower
                                (CORPORATE SEAL)


                            Bankers Underwriters, Inc.
                            a Florida Corporation

/s/ Nancy C. Haire          By: /s/ David B. Snyder
--------------------        ------------------------
/s/ Harold David Holland        Its Vice President & Assistant Secretary
--------------------
As to Borrower
                                (CORPORATE SEAL)
<PAGE>
Accepted and Agreed this 15 day of August, 2002:


WITNESSES:                               "Lender":
                                         Insurance Management Solutions Group,
                                         Inc. a Florida corporation

/s/ Nancy C. Haire                       By: /s/ D.M. Howard
-----------------------------------         ------------------------------------
                                               Its PRES/CEO
                                                  ------------------------------
/s/ Harold David Holland
-----------------------------------
As to Lender
                                                     (CORPORATE SEAL)


                                       2
USDA is an equal opportunity provider, employer and lender.

STAKEHOLDER ANNOUNCEMENT

USDA Rural Development Announces Staffing and Leadership Changes

WASHINGTON, Dec. 20, 2019 – Deputy Under Secretary Donald “DJ” LaVoy today announced the 

following staff changes at USDA Rural Development: 

After a 44-and-a-half-year career with USDA, Deputy Administrator of Community Facilities Rich Davis is 

retiring. Davis has served in this role since August 2010.

Chad Parker will succeed Davis as the new Deputy Administrator of Community Facilities. Parker has a long 

history of leadership across all Rural Development program areas and he currently serves as Assistant 

Administrator for Telecommunication Programs. During his career with USDA, Parker has led the Single 

Family Housing program, the Rural Business and Cooperative programs, and he has served as Acting 

Administrator of the Rural Business-Cooperative Service. Prior to his programmatic leadership roles, Parker 

spent 15 years within the Community Facilities Loan and Grant Division. 

Laurel Leverrier will serve as Acting Assistant Administrator for Telecommunications Programs. Leverrier is 

currently the Deputy Assistant Administrator for Telecommunications Programs, where she oversees a $3.6 

billion portfolio of telecommunications loans and grants. She also serves on the American Broadband 

Initiative’s Federal Funding Working Group, which is comprised of representatives from a dozen federal 

agencies supporting the expansion of last-mile broadband service and adoption. 

In her 15-year career at USDA, Leverrier has served in a variety of positions, including as Assistant Deputy 

Administrator of USDA’s Rural Business and Cooperative programs from August 2016 until November 2017. 

She was also the Deputy Director of the Broadband Division and Chief of the Office of Policy and Outreach 

within the RUS Telecommunications Programs from August 2010 until August 2016. 

All changes will be effective January 6, 2020. USDA Rural Development encourages stakeholders to reach out 

to Parker and Leverrier in their new roles to build on existing relationships and create new partnerships. 

#
<TABLE> <S> <C>

<ARTICLE> 5
<MULTIPLIER> 1,000
       
<S>                             <C>
<PERIOD-TYPE>                   YEAR
<FISCAL-YEAR-END>                          DEC-31-1996
<PERIOD-START>                             JAN-01-1996
<PERIOD-END>                               DEC-31-1996
<CASH>                                          18,476
<SECURITIES>                                         0
<RECEIVABLES>                                    1,867
<ALLOWANCES>                                         0
<INVENTORY>                                          0
<CURRENT-ASSETS>                                23,133
<PP&E>                                          99,271
<DEPRECIATION>                                       0
<TOTAL-ASSETS>                                 283,572
<CURRENT-LIABILITIES>                           21,271
<BONDS>                                        254,398
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                     13,237
<COMMON>                                       176,299
<OTHER-SE>                                   (186,423)
<TOTAL-LIABILITY-AND-EQUITY>                   283,572
<SALES>                                              0
<TOTAL-REVENUES>                                62,032
<CGS>                                                0
<TOTAL-COSTS>                                  128,221
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                              37,281
<INCOME-PRETAX>                              (101,677)
<INCOME-TAX>                                   (3,297)
<INCOME-CONTINUING>                           (98,380)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                  (98,380)
<EPS-PRIMARY>                                   (5.78)
<EPS-DILUTED>                                   (5.78)
        

</TABLE>
Consent of Certified Public Accountant

 

The Board of Directors of Foamex Asia Company Limited

 

I consent to the incorporation by reference in the registration statements (Nos. 33-74264, 33-94154, 333-143149 and 333-90020) on Form S-8 of Foamex International Inc. of my report dated 17 March 2008, with respect to the consolidated balance sheets of Foamex Asia Company Limited and its subsidiaries as of 31 August 2007 and 31 December 2006 and the related consolidated statements of income, changes in shareholders’ equity and cash flows for the eight month period ended 31 August 2007 and for the year ended 31 December 2006, which report appears in the 30 December 2007 annual report on Form 10-K/A of Foamex International Inc.

My report dated 17 March 2008, contains an explanatory paragraph that states that generally accepted accounting principles in Thailand do not conform to those in the United States of America. A description of the significant differences between these two generally accepted accounting principles and the effect of these differences is presented in Notes 28 and 29 to the consolidated financial statements. 

 

 

(Vairoj Jindamaneepitak)

Certified Public Accountant

Registration No. 3565

 

KPMG Phoomchai Audit Ltd.

Bangkok

27 May 2008
<PAGE>

                                                                    EXHIBIT 99.1

    INDEPENDENT AUDITORS' REPORT OF KPMG LLP ON FINANCIAL STATEMENT SCHEDULE


                          INDEPENDENT AUDITORS' REPORT

To the Board of Directors and Stockholders of
Clarus Corporation and Subsidiaries:

Under date of February 8, 2002, we reported on the consolidated balance sheets
of Clarus Corporation and subsidiaries as of December 31, 2001 and 2000 and the
related consolidated statements of operations, stockholders' equity and
comprehensive loss, and cash flows for the years then ended as contained in the
Clarus Corporation 2001 Annual Report on Form 10-K. In connection with our
audits of the aforementioned consolidated financial statements, we also audited
the related consolidated financial statement schedule as listed in the
accompanying index. This financial statement schedule is the responsibility of
the Company's management. Our responsibility is to express an opinion on this
financial statement schedule based on our audits.

In our opinion, such financial statement schedule, when considered in relation
to the basic consolidated financial statements taken as a whole, presents
fairly, in all material respects, the information set forth therein.

/s/ KPMG LLP

Atlanta, Georgia
February 8, 2002
|   | 1. | Lexicon’s      Quarterly Report on Form 10-Q for the period ended September 30, 2008, and      to which this Certification is attached as Exhibit 32.1 (the “Periodic      Report”), fully complies with the requirements of section 13(a) or section      15(d) of the Securities Exchange Act of 1934,  and |
|--------|----|---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|

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

| By:    | /s/      Arthur T. Sands                   |
|--------|--------------------------------------------|
|   | Arthur      T. Sands, M.D., Ph.D.          |
|   | President      and Chief Executive Officer |

| By:    | /s/      James F. Tessmer                   |
|--------|---------------------------------------------|
|   | James      F. Tessmer                       |
|   | Vice      President, Finance and Accounting |
### §2768. Annual audit of pay and allowances of members undergoing permanent change of station

The Commandant shall conduct each calendar year an audit of member pay and allowances for the members who transferred to new units during such calendar year. The audit for a calendar year shall be completed by the end of the calendar year.

(Added Pub. L. 114–120, title II, §216(a)(1), Feb. 8, 2016, 130 Stat. 46, §519; renumbered §2768, Pub. L. 115–282, title I, §116(b), Dec. 4, 2018, 132 Stat. 4226.)

#### **Editorial Notes**

#### Amendments

2018—Pub. L. 115–282 renumbered section 519 of this title as this section.