alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
### §5003. General provisions governing substitute checks

#### (a) No agreement required

A person may deposit, present, or send for collection or return a substitute check without an agreement with the recipient, so long as a bank has made the warranties in section 5004 of this title with respect to such substitute check.

#### (b) Legal equivalence

A substitute check shall be the legal equivalent of the original check for all purposes, including any provision of any Federal or State law, and for all persons if the substitute check—

(1) accurately represents all of the information on the front and back of the original check as of the time the original check was truncated; and

(2) bears the legend: "This is a legal copy of your check. You can use it the same way you would use the original check."

#### (c) Endorsements

A bank shall ensure that the substitute check for which the bank is the reconverting bank bears all endorsements applied by parties that previously handled the check (whether in electronic form or in the form of the original paper check or a substitute check) for forward collection or return.

#### (d) Identification of reconverting bank

A bank shall identify itself as a reconverting bank on any substitute check for which the bank is a reconverting bank so as to preserve any previous reconverting bank identifications in conformance with generally applicable industry standards.

#### (e) Applicable law

A substitute check that is the legal equivalent of the original check under subsection (b) shall be subject to any provision, including any provision relating to the protection of customers, of part 229 of title 12 of the Code of Federal Regulations, the Uniform Commercial Code, and any other applicable Federal or State law as if such substitute check were the original check, to the extent such provision of law is not inconsistent with this chapter.

(Pub. L. 108–100, §4, Oct. 28, 2003, 117 Stat. 1180.)

#### **Editorial Notes**

#### References in Text

This chapter, referred to in subsec. (e), was in the original "this Act", meaning Pub. L. 108–100, Oct. 28, 2003, 117 Stat. 1177, which is classified generally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 5001 of this title and Tables.

#### **Statutory Notes and Related Subsidiaries**

#### Effective Date

Section effective at the end of the 12-month period beginning on Oct. 28, 2003, see section 20 of Pub. L. 108–100, set out as a note under section 5001 of this title.
# C_2010113EN.01003201.xml

| 1.5.2010 | EN | Official Journal of the European Union | C 113/32 |
| --- | --- | --- | --- |

1.5.2010

EN

Official Journal of the European Union

C 113/32

---

Reference for a preliminary ruling from the Supremo Tribunal Administrativo (Portugal) lodged on 25 February 2010 — Lidl & Companhia v Fazenda Pública

(Case C-106/10)

2010/C 113/49

Language of the case: Portuguese

Referring court

Referring court

Supremo Tribunal Administrativo

Parties to the main proceedings

Parties to the main proceedings

Applicants: Lidl & Companhia

Applicants:

Defendant: Fazenda Pública

Defendant:

Intervening Party: Ministério Público

Intervening Party:

Questions referred

Questions referred

Is point (a) of the first paragraph of Article 78, read in conjunction with point (c) of the first paragraph of Article 79, of Directive 2006/112/EC (1) of 28 November 2006 to be interpreted as prohibiting, in the case of intra-Community purchases, the inclusion in the taxable amount for VAT of the vehicle tax introduced by Law No 22-A/2007 of 29 June 2007?

1

---

(1)  Council Directive 2006/112/EC of 28 November 2006 on the common system of value added tax (OJ 2006 L 347, p. 1).

1

---
<PAGE>
                                                                   Exhibit 10.10

                                 PROMISSORY NOTE


$5,000,000.00                                                  September 5, 2001
                                                                  Miami, Florida

         FOR VALUE RECEIVED, Manuel D. Medina, a resident of Miami-Dade County,
Florida (the "Borrower") hereby promises to pay to the order of Terremark
Worldwide, Inc., a Delaware corporation (the "Lender") at 2601 South Bayshore
Drive, Miami, Florida 33133, or such other address as the Lender shall provide
by notice in writing to the Borrower, the principal amount of Five Million
Dollars ($5,000,000.00) in lawful money of the United States of America and in
immediately available funds within 90 days after the date the Borrower's
personal guarantees of the Lender's debt to Ocean Bank are terminated for any
reason (the "Maturity Date").

         At the option of the Lender, all sums advanced hereunder shall become
immediately due and payable, without notice or demand, upon the occurrence of
any one or more of the following events of default: the death of, insolvency of,
business failure of, appointment of a receiver for any part of the property or
assignment for the benefit of creditors by, or the commencement of any
proceedings under any bankruptcy or insolvency laws, by or against, the
Borrower.

         No delay or omission on the part of the Lender in the exercise of any
right hereunder shall operate as a waiver of such right or of any such other
right under this Promissory Note. A waiver by the Lender of any right or remedy
conferred to him hereunder on any one occasion shall not be construed as bar to,
or waiver of, any such right or remedy as to any future occasion.

         If this Promissory Note becomes in default and is placed in the hands
of an attorney, the Borrower agrees to pay all the costs, charges and expenses
incurred by the Lender in the enforcement of his rights hereunder including, but
not limited to, reasonable attorneys' fees.

         If this Promissory Note becomes in default, the Lender may offset, and
apply towards the repayment of all sums due under this Note, all monies, credits
or other property of any nature whatsoever (and the proceeds thereof) of the
Borrower, now or at any time hereafter in the possession of the Lender.

         The Borrower and all persons now or hereafter becoming obligated or
liable for the payment of this Promissory Note do jointly and severally waive
demand, notice of nonpayment, protest, notice of dishonor and presentment.

         This Promissory Note may be prepaid in whole or in part without a
prepayment penalty.

         This Promissory Note shall be construed in enforced according to the
laws of the State of Florida, including all principles of choice of laws,
conflict of laws or comity.





                                       /s/ MANUEL D. MEDINA
                                       -----------------------------------------
                                       Manuel D. Medina
### §621. Liability of shareholders on unpaid subscriptions; membership of corporation in Federal reserve bank prohibited

Shareholders in any corporation organized under the provisions of this subchapter shall be liable for the amount of their unpaid stock subscriptions. No such corporation shall become a member of any Federal reserve bank.

(Dec. 23, 1913, ch. 6, §25A (par.), formerly §25(a), as added Dec. 24, 1919, ch. 18, 41 Stat. 378; renumbered §25A, Pub. L. 102–242, title I, §142(e)(2), Dec. 19, 1991, 105 Stat. 2281.)

#### **Editorial Notes**

#### References in Text

This subchapter, referred to in text, was in the original "this section", meaning section 25A of act Dec. 23, 1913, which is classified to this subchapter (§611 et seq.).

#### Codification

Section is comprised of par. 13 (undesignated) of section 25A of act Dec. 23, 1913, which comprises this subchapter. For complete classification of section 25A of this Act, see Codification note set out under section 611 of this title.
Exhibit 32.1

 

CERTIFICATIONS 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 Annual Report on Form 10-K of The Vermont Teddy Bear Company, Inc. (the "Company") for the fiscal year ended June 30, 2004, as filed with the Securities and Exchange Commission on the date hereof (the "Report"), I, Elisabeth B. Robert, President and Chief Executive Officer and Treasurer and Chief Financial Officer 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 to my knowledge:

1.  The Report fully complies with the requirements of section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m(a) or 78o(d); 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: September 28, 2004

 

 

Elisabeth B. Robert

President and Chief Executive Officer

Treasurer and Chief Financial Officer

 

 

 

 

 

 

 

 

 

 

 

 

In connection with the Annual Report on Form 10-K of The Vermont Teddy Bear Company, Inc. (the "Company") for the fiscal year ended June 30, 2004, as filed with the Securities and Exchange Commission on the date hereof (the "Report"), I, Mark J. Sleeper, Chief Accounting Officer and 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 to my knowledge:

1.  The Report fully complies with the requirements of section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m(a) or 78o(d); 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: September 28, 2004

 

 

Mark J. Sleeper

Chief Accounting Officer

Secretary
§ 111.8 Internally generated matters; referrals (52 U.S.C. 30109(a)(2)). ( a ) On the basis of information ascertained by the Commission in the normal course of carrying out its supervisory responsibilities, or on the basis of a referral from an agency of the United States or of any state, the General Counsel may recommend in writing that the Commission find reason to believe that a person or entity has committed or is about to commit a violation of statutes or regulations over which the Commission has jurisdiction.
( b ) If the Commission finds reason to believe that a violation has occurred or is about to occur the notification to respondent required by 11 CFR 111.9(a) shall include a copy of a staff report setting forth the legal basis and the alleged facts which support the Commission's action.
( c ) Prior to taking any action pursuant to this section against any person who has failed to file a disclosure report required by 11 CFR 104.5(a)(1)(iii) for the calendar quarter immediately preceding the election involved or by § 104.5(a)(1)(i), the Commission shall notify such person of failure to file the required reports. If a satisfactory response is not received within four (4) business days, the Commission shall publish before the election the name of the person and the report or reports such person has failed to file.
( d ) Notwithstanding §§ 111.9 through 111.19, for violations of 52 U.S.C. 30104(a),the Commission, when appropriate, may review internally generated matters under subpart B of this part.
[45 FR 15120, Mar. 7, 1980, as amended at 45 FR 21210, Apr. 1, 1980; 65 FR 31794, May 19, 2000; 79 FR 77848, Dec. 29, 2014]
**Exhibit 31.1**

** **

**CERTIFICATIONS**

 

I, Joel A. Ronning, certify that:

 

1.             I have reviewed thisquarterly report on Form 10-Q of DigitalRiver, Inc.;

 

2.             Based on my knowledge,this report does not contain any untrue statement of a material fact or omit tostate a material fact necessary to make the statements made, in light of thecircumstances under which such statements were made, not misleading withrespect to the period covered by this report;

 

3.             Based on my knowledge,the financial statements, and other financial information included in thisreport, fairly present in all material respects the financial condition,results of operations and cash flows of the registrant as of, and for, theperiods presented in this report;

 

4.             The registrant’s othercertifying officers and I are responsible for establishing and maintainingdisclosure controls and procedures (as defined in Exchange Act Rules 13a-15(e)and 15d-15(e)) for the registrant and have:

 

(a)  designed such disclosure controls andprocedures, or caused such disclosure controls and procedures to be designedunder our supervision, to ensure that material information relating to theregistrant, including its consolidated subsidiaries, is made known to us byothers within those entities, particularly during the period in which thisannual report is being prepared;

 

(b)  evaluated the effectiveness of theregistrant’s disclosure controls and procedures and presented in this reportour conclusions about the effectiveness of the disclosure controls and procedures,as of the end of the period covered by this report based on such evaluation;and

 

(c)  disclosed in this report any change in theregistrant’s internal control over financial reporting that occurred during theregistrant’s most recent fiscal quarter (the registrant’s fourth fiscal quarterin the case of an annual report) that has materially affected, or is reasonablylikely to materially affect, the registrant’s internal control over financialreporting; and

 

5.             The registrant’s othercertifying officers and I have disclosed, based on our most recent evaluation,to the registrant’s auditors and the audit committee of registrant’s board ofdirectors (or persons performing the equivalent functions):

 

(a)  all significant deficiencies and materialweaknesses in the design or operation of internal control over financialreporting which are reasonably likely to adversely affect the registrant’sability to record, process, summarize and report financial information; and

 

(b)  any fraud, whether or not material, thatinvolves management or other employees who have a significant role in theregistrant’s internal control over financial reporting.

 

 
| Date:  | May  7, 2004 |   |   |   |   | /s/ Joel A. Ronning      |   |
|--------|-------------------|--------|--------|--------|--------|--------------------------|--------|
|   |              |   |   |   |   | Joel A. Ronning          |
|   |              |   |   |   |   | Chief  Executive Officer |

 

----
# C_2006331EN.01004203.xml

| 30.12.2006 | EN | Official Journal of the European Union | C 331/42 |
| --- | --- | --- | --- |

30.12.2006

EN

Official Journal of the European Union

C 331/42

---

Order of the Court of First Instance of 15 November 2006 — Anheuser-Busch v OHIM — Budějovický Budvar (BUDWEISER)

(Case T-366/05) (1)

1

(Community trade mark - Opposition proceedings - Application for the Community word mark BUDWEISER - Earlier international word marks and figurative marks BUDWEISER and BUDWEISER BUDVAR - Refusal to register - Restriction of the goods covered - Action manifestly lacking any foundation in law)

(2006/C 331/94)

Language of the case: English

Parties

Applicant: Anheuser-Busch (Saint Louis, Missouri, United States) (represented by: V. von Bomhard, B. Goebel, A. Renck and A. Pohlmann, lawyers)

Applicant:

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: A. Folliard-Monguiral, Agent)

Defendant:

Other party to the proceedings before the Board of Appeal of OHIM, intervener before the Court of First Instance: Budějovický Budvar, národní podnik (Česke Budějovice, Czech Republic) (represented by: F. Fajgenbaum, lawyer)

Other party to the proceedings before the Board of Appeal of OHIM, intervener before the Court of First Instance:

Re:

Action brought against the decision of the Second Board of Appeal of OHIM of 11 July 2005 (Case R 514/2004-2) relating to opposition proceedings between Budějovický Budvar, národní podnik, and Anheuser Busch, Inc.

Operative part of the order

| 1. | The action is dismissed; |
| --- | --- |

1.

The action is dismissed;

| 2. | Anheuser Busch, Inc., shall pay its own costs and those incurred by the Office for Harmonisation in the Internal Market (Trade Marks and Designs) and by Budějovický Budvar, národní podnik. |
| --- | --- |

2.

Anheuser Busch, Inc., shall pay its own costs and those incurred by the Office for Harmonisation in the Internal Market (Trade Marks and Designs) and by Budějovický Budvar, národní podnik.

---

(1)  OJ C 330, 24.12.2005.

1

---
### [§2446c. Renumbered §4403]
### SUBCHAPTER IV—QUARTERLY FINANCIAL STATISTICS

#### **Editorial Notes**

#### Amendments

1986—Pub. L. 99–467, §1(a), Oct. 14, 1986, 100 Stat. 1192, substituted "IV" for "III" as subchapter designation.
FOR IMMEDIATE RELEASE                                   NEWS
                                   Contact:  James A. Demme,
                                                    Chairman
                                              (405) 879-6600


                HOMELAND HOLDING CORPORATION
         SHARES WILL TRADE IN NASDAQ NATIONAL MARKET
                              
               
OKLAHOMA CITY, OK, April 8, 1997 -- The common stock of Homeland Holding 

Corporation ("Homeland") will begin trading on April 14, 1997, in the 

Nasdaq National Market, James A. Demme, Chairman, President and Chief 

Executive Officer announced.   Homeland, whose trading symbol is HMLD,  

is a leading supermarket chain with 66 stores in the Oklahoma, southern 

Kansas and Texas panhandle region.

      James  A. Demme noted that Homeland's entry into the Nasdaq National  
      
Market provides brokers and others with immediate access to the best bid and 

ask prices and other information about the company's shares throughout the

trading day.  Those prices are available in over more than 200,000  

electronic terminals in brokers' offices throughout the United States and 

the world.

     Homeland achieved sales of $527.8 million and EBITDA of $19.5 million 
     
or approximately 4% of sales in 1996.  The company's comparable store sales 

for the stores in operation throughout 1996 increased by 0.3%.  Mr. Demme  

stated that Homeland is pleased with the results of its recent restructuring 

that lowered its operating and occupancy costs and enabled it to better 

compete in the marketplace.

       The current market makers for Homeland's common stock are Donaldson, 
       
Lufkin and Jenrette of New York, New York; Barron Chase Securities of Tulsa,  

Oklahoma; and Herzog, Heine and Geduld, of Jersey City, New Jersey.
```

[Federal Register: September 14, 2010 (Volume 75, Number 177)]
[Notices]               
[Page 55738]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr14se10-30]                         

=======================================================================
-----------------------------------------------------------------------

BROADCASTING BOARD OF GOVERNORS

 
Sunshine Act Meeting

DATE AND TIME:  Friday, September 17, 2010, 10 a.m.-12 p.m.

PLACE:  Cohen Building, Room 3321, 330 Independence Ave., SW., 
Washington, DC 20237.

SUBJECT:  Notice of Meeting of the Broadcasting Board of Governors.
SUMMARY: The Broadcasting Board of Governors (BBG) will be meeting at 
the time and location listed above. The BBG will be considering BBG 
Governance Committee recommendations, paying a tribute to OCB Director 
Pedro Roig, and discussing the BBG's research program and matters 
concerning the BBG's draft FY 2012 annual budget. The meeting is open--
via webcast--to the public, but the portion of the meeting concerning 
the BBG's draft FY 2012 annual budget will be closed to the public 
pursuant to 5 U.S.C. 552b(c)(9)(B). The open portion of the meeting is 
available for the public to observe via streaming on the BBG's Web site 
at http://www.bbg.gov.

CONTACT PERSON FOR MORE INFORMATION:  Persons interested in obtaining 
more information should contact Paul Kollmer-Dorsey at (202) 203-4545.

Paul Kollmer-Dorsey,
Deputy General Counsel.
[FR Doc. 2010-23004 Filed 9-10-10; 4:15 pm]
BILLING CODE 8610-01-P
```
EXHIBIT 99.2

                            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  Columbus   McKinnon
Corporation  (the "Company") on Form 10-Q for the period ending June 30, 2002 as
filed with the  Securities  and  Exchange  Commission  on the date  hereof  (the
"Report"),  I, Robert L.  Montgomery,  Chief  Financial  Officer of the Company,
certify,  pursuant to 18 U.S.C.  ss. 1350, as adopted pursuant to ss. 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 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.


Dated:  February 12, 2003



                                                /S/ ROBERT L. MONTGOMERY, JR.
                                                -----------------------------
                                                Robert L. Montgomery,  Jr.
                                                Chief Financial Officer
<TABLE> <S> <C>


<ARTICLE>      5


<S>                                          <C>
<PERIOD-TYPE>                                       3-MOS
<FISCAL-YEAR-END>                             MAY-31-2000
<PERIOD-START>                                JUN-01-2000
<PERIOD-END>                                  AUG-31-2000
<CASH>                                                  0
<SECURITIES>                                            0
<RECEIVABLES>                                  10,763,525
<ALLOWANCES>                                            0
<INVENTORY>                                     8,010,862
<CURRENT-ASSETS>                               18,905,965
<PP&E>                                            428,809
<DEPRECIATION>                                          0
<TOTAL-ASSETS>                                 19,737,032
<CURRENT-LIABILITIES>                           7,680,472
<BONDS>                                                 0
<PREFERRED-MANDATORY>                                   0
<PREFERRED>                                             0
<COMMON>                                        7,246,774
<OTHER-SE>                                      4,809,966
<TOTAL-LIABILITY-AND-EQUITY>                   19,737,032
<SALES>                                        10,285,677
<TOTAL-REVENUES>                               10,285,677
<CGS>                                           8,438,930
<TOTAL-COSTS>                                   9,638,100
<OTHER-EXPENSES>                                        0
<LOSS-PROVISION>                                        0
<INTEREST-EXPENSE>                                      0
<INCOME-PRETAX>                                   647,577
<INCOME-TAX>                                      291,410
<INCOME-CONTINUING>                               356,167
<DISCONTINUED>                                          0
<EXTRAORDINARY>                                         0
<CHANGES>                                               0
<NET-INCOME>                                      356,167
<EPS-BASIC>                                           .07
<EPS-DILUTED>                                         .07



</TABLE>