alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
# C_2011311EN.01004401.xml

| 22.10.2011 | EN | Official Journal of the European Union | C 311/44 |
| --- | --- | --- | --- |

22.10.2011

EN

Official Journal of the European Union

C 311/44

---

Judgment of the General Court of 9 September 2011 — DRV v OHIM — Austria Leasing (Austria Leasing Gesellschaft m.b.H. Mitglied der Raiffeisen-Bankengruppe Österreich)

(Case T-199/10) (1)

1

(Community trade mark - Opposition Proceedings - Application for Community figurative mark Austria Leasing Gesellschaft m.b.H Mitglied der Raiffeisen-Bankengruppe Österreich - Earlier national figurative mark Raiffeisen - No likelihood of confusion - Article 8(1)(b) of Regulation (EC) No 207/2009)

2011/C 311/81

Language of the case: German

Parties

Parties

Applicant: Deutscher Raiffeisenverband e.V. (DRV) (Bonn, Germany) (represented by: I. Rinke, lawyer)

Applicant:

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: B. Schmidt, Agent)

Defendant:

Other party to the proceedings before the Board of Appeal of OHIM, intervener before the General Court: Austria Leasing GmbH (Eschborn, Germany) (represented by: B. Joachim, lawyer)

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

Re:

Re:

Action brought for the annulment of the decision of the First Board of Appeal of OHIM of 3 February 2010 (Case R 253/2009-1), relating to opposition proceedings between Deutscher Raiffensenverband e.V. (DRV) and Austria Leasing GmbH.

Operative part of the judgment

Operative part of the judgment

The Court:

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

1.

Dismisses the action;

| 2. | Orders Deutscher Raiffeisenverband e.V. (DRV) to pay the costs. |
| --- | --- |

2.

Orders Deutscher Raiffeisenverband e.V. (DRV) to pay the costs.

---

(1)  OJ C 179, 3.7.2010.

1

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Exhibit 32.b



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 Boston Capital Tax Credit Fund Limited Partnership (the "Partnership") on Form 10-Q for the period ended December 31, 2007 as filed with the Securities and Exchange Commission on the date hereof (the "Report"), I, Marc N. Teal, Principal Financial Officer of the general partner of the general partner of the Partnership's general partner, C&M Management Inc., certify, 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 my knowledge, after due inquiry:



|(1) | The Report fully complies with the requirements of section 13(a)-15 or 15(d)-15 of the Securities and 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 Partnership.



|Date:             |  |                            
|----------------- |  | ---------------------------
|February 14, 2008 |  | /s/ Marc N. Teal           
|                  |  |                            
|                  |  | Marc N. Teal               
|                  |  | Principal 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 the Fund and will be retained by the Fund and furnished to the Securities and Exchange Commission or its staff upon request
<PAGE>   1
                                                                    EXHIBIT 10.5


                              ARTICLES OF AMENDMENT
                                       OF
                       CENTRAL APARTMENT MANAGEMENT, INC.

                                 March 31, 2000


         Pursuant to the provisions of the Texas Business Corporation Act,
Central Apartment Management, Inc. (the "Corporation") hereby amends its
Articles of Incorporation, and for that purpose, submits the following
statement:

         1.       The name of the corporation is Central Apartment Management,
Inc.

         2.       Article 1 of the Articles of Incorporation is hereby amended
so as to read as follows:

                           The name of the corporation is Gables Residential
                           Services, Inc. (the "Corporation").

         3.       The amendment is adopted as of the date of the filing of these
Articles of Amendment with the Secretary of State of the State of Texas.

         4.       There are 100 shares of Class A Common stock, par value $.01
per share, outstanding and entitled to vote. The amendment was adopted by the
unanimous written consent of stockholders on March 31, 2000 in accordance with
Article 9.10 of the Texas Business Corporation Act and any written notice
required by such Article has been given.
<PAGE>   2

         IN WITNESS WHEREOF, the undersigned, the President of the Corporation,
has executed these Articles of Amendment to the Certificate of Incorporation as
of the date set forth above.


                                         /s/ Chris D. Wheeler
                                         --------------------------------------
                                         Name:  Chris D. Wheeler
                                         Title: President
### §3601. Congressional findings and purpose

(a) The Congress finds and declares that—

(1) there is a shortage of adequate and affordable housing throughout the Nation, especially for low- and moderate-income and elderly and handicapped persons;

(2) the number of conversions of rental housing to condominiums and cooperatives is accelerating, which in some communities may restrict the shelter options of low- and moderate-income and elderly and handicapped persons;

(3) certain long-term leasing arrangements for recreation and other condominium- or cooperative-related facilities which have been used in the formation of cooperative and condominium projects may be unconscionable; in certain situations State governments are unable to provide appropriate relief; as a result of these leases, economic and social hardships may have been imposed upon cooperative and condominium owners, which may threaten the continued use and acceptability of these forms of ownership and interfere with the interstate sale of cooperatives and condominiums; appropriate relief from these abuses requires Federal action; and

(4) there is a Federal involvement with the cooperative and condominium housing markets through the operation of Federal tax, housing, and community development laws, through the operation of federally chartered and insured financial institutions, and through other Federal activities; that the creation of many condominiums and cooperatives is undertaken by entities operating on an interstate basis.

(b) The purposes of this chapter are to seek to minimize the adverse impacts of condominium and cooperative conversions particularly on the housing opportunities of low- and moderate-income and elderly and handicapped persons, to assure fair and equitable principles are followed in the establishment of condominium and cooperative opportunities, and to provide appropriate relief where long-term leases of recreation and other cooperative- and condominium-related facilities are determined to be unconscionable.

(Pub. L. 96–399, title VI, §602, Oct. 8, 1980, 94 Stat. 1672.)

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

#### Effective Date

Pub. L. 96–399, title VI, §618, Oct. 8, 1980, 94 Stat. 1680, provided that: "The provisions of this title [enacting this chapter] shall become effective upon enactment [Oct. 8, 1980], except that section 609 [section 3608 of this title], and the prohibition included in section 610 [section 3609 of this title] as it relates to a lease with respect to which a cause of action may be established under section 609, shall become effective one year after enactment."

#### Short Title

Pub. L. 96–399, title VI, §601, Oct. 8, 1980, 94 Stat. 1672, provided that: "This title [enacting this chapter] may be cited as the 'Condominium and Cooperative Abuse Relief Act of 1980'."
EXHIBIT 32.2

    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 Gouverneur Bancorp Inc. (the
"Company") on Form 10-QSB for the period ending June 30, 2003 as filed with the
Securities and Exchange Commission on the date hereof (the "Report"), I, Robert
J. Twyman, 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:

         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 period covered by the Report.


August 8, 2003                    By: /s/ ROBERT J. TWYMAN
                                      ------------------------------------------
                                      Robert J. Twyman
                                      Vice President and Chief Financial Officer

                                       26
§ 35.7 Electronic filing of tariffs and related materials. ( a ) *General rule.* All filings made in proceedings initiated under this part must be made electronically, including tariffs, rate schedules and service agreements, or parts thereof, and material that relates to or bears upon such documents, such as cancellations, amendments, withdrawals, termination, or adoption of tariffs.
( b ) *Requirement for signature.* All filings must be signed in compliance with the following: ( 1 ) The signature on a filing constitutes a certification that: the contents are true and correct to the best knowledge and belief of the signer; and that the signer possesses full power and authority to sign the filing.
( 2 ) A filing must be signed by one of the following: ( i ) The person on behalf of whom the filing is made;
( ii ) An officer, agent, or employee of the company, governmental authority, agency, or instrumentality on behalf of which the filing is made; or,
( iii ) A representative qualified to practice before the Commission under § 385.2101 of this chapter who possesses authority to sign.
( 3 ) All signatures on the filing or any document included in the filing must comply, where applicable, with the requirements in Part 385 of this chapter with respect to sworn declarations or statements and electronic signatures.
( c ) *Format requirements for electronic filing.* The requirements and formats for electronic filing are listed in instructions for electronic filing and for each form. These formats are available through the Commission's website, *https://www.ferc.gov .*
( d ) Only filings filed and designated as filings with statutory action dates in accordance with these electronic filing requirements and formats will be considered to have statutory action dates. Filings not properly filed and designated as having statutory action dates will not become effective, pursuant to the Federal Power Act, should the Commission not act by the requested action date.
[Order 714, 73 FR 57531, Oct. 3, 2008, as amended by Order 714-A, 79 FR 29076, May 21, 2014; Order 899, 88 FR 74030, Oct. 30, 2023]
COURT OF APPEALS

EIGHTH DISTRICT OF TEXAS

EL PASO, TEXAS

SHAWN CODY COLEMAN,

 Appellant,

v.

THE STATE OF TEXAS,

 Appellee.

§

§

§

§

§

 § 

No. 08-10-00297-CR

Appeal from the

421st Judicial District Court 

of Caldwell County, Texas 

(TC#2005-240) 

MEMORANDUM OPINION

Shawn Cody Coleman appeals his conviction, following a motion to adjudicate, for

aggravated assault with a deadly weapon, and possession of a prohibited weapon. Appellant was

sentenced to serve twelve and seven years concurrently, in the institutional division of the Texas

Department of Criminal Justice. Affirmed

Appellant’s appointed counsel, has filed a brief in which he concludes that the appeal is

frivolous and without merit. Appellate counsel states that he has studied the record and has found

no error preserved for appeal that could serve as grounds for reversible error. The brief meets the

requirements of Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493, reh. denied,

388 U.S. 924, 87 S.Ct. 2094, 18 L.Ed.2d 1377 (1967), by presenting a professional evaluation of

the record, and demonstrating why, in effect, there are no arguable grounds to be advanced. See

High v. State, 573 S.W.2d 807 (Tex.Crim.App.1978). A copy of counsel’s brief has been

delivered to Appellant, and Appellant has been advised of his right to examine the appellate

record and file a pro se brief. No pro se brief has been filed.
-2-

An appellate court may not address the merits of issues raised in an Anders brief, or those

raised in a pro se response. Bledsoe v. State, 178 S.W.3d 824, 826-27 (Tex.Crim.App. 2005). 

The Court may only consider: (1) whether the appeal is wholly frivolous, and issue an opinion

explaining that we have reviewed the record and found no reversible error; or (2) whether

arguable grounds for appeal exist, and if so, remand the case to the trial court so that new counsel

may be appointed to address those issues. Bledsoe, 178 S.W.3d at 826-27. 

Having carefully reviewed the record and counsel’s brief in this case, we agree that the

appeal is wholly frivolous and without merit. Further, we find nothing in the record that might

arguably support the appeal. Accordingly, the trial court’s judgment is affirmed. 

October 5, 2011

DAVID WELLINGTON CHEW, Chief Justice

Before Chew, C.J., McClure, and Rivera, JJ.

(Do Not Publish)
Exhibit 10.22

 

SUMMARY OF DIRECTOR COMPENSATION

 

We pay our non-employee directors, who consist of all our directors other than our chief executive officer, an annual fee of $75,000 for their services as directors. We pay an annual fee of $25,000 to the chair of our audit committee, $20,000 to the chair of our compensation committee, $10,000 to the chairs of our executive committee and our nominating and corporate governance committee, and $5,000 to each non-employee director who serves as a member, but not the chair, of any committee for service on each committee above one. Our chairman also receives an annual fee of $150,000, as well as office space, support services and healthcare benefits, for his services as chairman of our board of directors. Directors who are employees do not receive separate fees for their services as directors. All of the payments described in this paragraph are made in cash.

 

Under the terms of our 2006 equity incentive plan, each director who is not employed by, and does not provide independent contractor services as a consultant or advisor to, us or our subsidiaries receives automatic restricted stock awards. We refer to these directors as our “outside directors.” Currently, our outside directors are Drs. Rowland Moriarty and Thomas Robertson, Professor Robert Holthausen, Messrs. Thomas Avery, William Concannon and William Schleyer and Mme. Nancy Hawthorne. Each outside director who is re-elected as one of our directors at, or whose term continues after, our annual meeting of shareholders (or any special meeting in lieu thereof) will, on the date of the meeting, receive a restricted stock award, vesting in four equal annual installments beginning on the first anniversary of the date of grant, valued at $75,000, based on the closing price of our common stock as of that date. Each person who is first elected an outside director at our annual meeting of shareholders (or any special meeting in lieu thereof) will receive, on the date of his or her election, a restricted stock award, vesting in four equal annual installments beginning on the first anniversary of the date of grant, in an amount to be determined by our board of directors.
#### § 354.240 General.

The premises shall be kept free from refuse, waste materials, and all other sources of objectionable odors and conditions.
Prevention 

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O F Z V S W M P T U G N L Z N L T M B B

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C P O S S I B I L I T Y X Y E V R A E R

D C X Q B I Y D I M N D X M B J G K H H

Stronger Together Substance Misuse Collaboration Communities

Celebration Treatment Possibility Mental Health

Wellbeing Recovery Prevention Action

SAMHSA
#### § 1309.7 Is the use of reasonable factors other than age an exception to the rules against age discrimination?

A recipient is permitted to take an action otherwise prohibited by § 1309.5 which is based on a factor other than age, even though that action may have a disproportionate effect on persons of different ages. An action may be based on a factor other than age only if the factor bears a direct and substantial relationship to the normal operation of the program or activity or to the achievement of a statutory objective.
#### § 3b.227 Mailing lists.

An individual's name and address maintained by the Commission will not be sold or rented for commercial or other solicitation purposes not related to the purposes for which the information was collected, unless such sale or rental is specifically authorized by law. This provision shall not be construed to require the withholding of names or addresses otherwise permitted to be made public, as pursuant to the Freedom of Information Act, 5 U.S.C. 552, as amended.
Exhibit 32.1

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 Service Bancorp, Inc. (the Company) on Form
10-Q for the quarter ended December 31, 2008 as filed with the Securities and Exchange Commission on the date hereof (the Report), I, Edward A. Hjerpe, III, Interim Chief Executive 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:



| | (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.
| | --- | ----------------------------------------------------------------------------------------------------------------------------------------------------

This certification is provided solely pursuant to 18 U.S.C. Section 1350 and Item 601(b)(32) of Regulation S-B (Item 601(b)(32))
promulgated under the Securities Act of 1933 (the Securities Act) and the Securities Exchange Act of 1934 (the Exchange Act). In accordance with clause (ii) of Item 601(b)(32), this certification (A) shall not
be deemed filed for purposes of Section 18 of the Exchange Act, or otherwise subject to the liability of that section, and (B) shall not be deemed to be incorporated by reference into any filing under the Securities Act or the
Exchange Act, except to the extent that the Company specifically incorporates it by reference.



|                               
|-------------------------------
|/s/ EDWARD A. HJERPE, III      
|Edward A. Hjerpe, III          
|Interim Chief Executive Officer
|February 13, 2009
Exhibit 32

Certification  Pursuant to Section 1350 of Chapter 63 of Title 18 of the  United States Code as Adopted Pursuant to Section 906  of the Sarbanes-Oxley Act of 2002

In connection with the filing of the Annual Report on Form 10-K of TriQuint Semiconductor, Inc. ("TriQuint") for the fiscal year ended
December 31, 2003, as filed with the Securities and Exchange Commission on the date hereof ("the Report"), the undersigned, Ralph G. Quinsey, President and Chief Executive Officer of TriQuint,
hereby certifies, pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, 18 U.S.C. Section 1350, that:



|Dated: March 11, 2004 |  |                              |                                                                          
|--------------------- |  | ---------------------------- | -------------------------------------------------------------------------
|                      |  | TRIQUINT SEMICONDUCTOR, INC.
|                      |  | By:                          | /s/RALPH G. QUINSEYRalph G. Quinsey President and Chief Executive Officer
|                      |  |                              |                                                                          

Certification
Pursuant to Section 1350 of Chapter 63 of Title 18 of the
United States Code as Adopted Pursuant to Section 906
of the Sarbanes-Oxley Act of 2002

In connection with the filing of the Annual Report on Form 10-K of TriQuint Semiconductor, Inc. ("TriQuint") for the fiscal year ended
December 31, 2003, as filed with the Securities and Exchange Commission on the date hereof ("the Report"), the undersigned, Raymond A. Link, Vice President, Finance and Administration, Chief
Financial Officer and Secretary of TriQuint, hereby certifies, pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, 18 U.S.C. Section 1350, that:



|Dated: March 11, 2004 |  |                              |                                                                                                                    
|--------------------- |  | ---------------------------- | -------------------------------------------------------------------------------------------------------------------
|                      |  | TRIQUINT SEMICONDUCTOR, INC.
|                      |  | By:                          | /s/RAYMOND A. LINKRaymond A. Link Vice President, Finance and Administration,
Chief Financial Officer and Secretary

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