alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
# C_2015302EN.01005102.xml

| 14.9.2015 | EN | Official Journal of the European Union | C 302/51 |
| --- | --- | --- | --- |

14.9.2015

EN

Official Journal of the European Union

C 302/51

---

Judgment of the General Court of 15 July 2015 — The Smiley Company v OHIM — The Swatch Group Management Services (HAPPY TIME)

(Case T-352/14) (1)

1

((Community trade mark - Opposition proceedings - Application for Community word mark HAPPY TIME - Earlier international word mark HAPPY HOURS - Likelihood of confusion - Article 8(1)(b) of Regulation (EC) No 207/2009))

(2015/C 302/66)

Language of the case: English

Parties

Parties

Applicant: The Smiley Company SPRL (Brussels, Belgium) (represented by: I.-M. Helbig, P. Hansmersmann and S. Rengshausen, lawyers)

Applicant:

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: L. Rampini, acting as Agent)

Defendant:

Other party to the proceedings before the Board of Appeal of OHIM: The Swatch Group Management Services AG (Biel, Switzerland)

Other party to the proceedings before the Board of Appeal of OHIM:

Re:

Re:

Action brought against the decision of the First Board of Appeal of OHIM of 6 February 2014 (Case R 1497/2013-1), relating to opposition proceedings between The Swatch Group Management Services AG and The Smiley Company SPRL.

Operative part of the judgment

Operative part of the judgment

The Court:

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

1.

Dismisses the action;

| 2. | Orders The Smiley Company SPRL to pay the costs. |
| --- | --- |

2.

Orders The Smiley Company SPRL to pay the costs.

---

(1)  OJ C 245, 28.7.2014.

1

---
<PAGE>

                                                                     EXHIBIT 4.8

                                CORECOMM HOLDCO
                              ASSUMPTION OF EACH OF
                    WARRANT NO. CCL-3A AND WARRANT NO. CCL-3B
                         ISSUED TO AMERICA ONLINE, INC.
                                  TO PURCHASE
                   SHARES OF COMMON STOCK OF CORECOMM LIMITED

         As part of the merger of CoreComm Merger Corp., a Delaware corporation,
with and into CoreComm Limited, a Delaware corporation (the "Company"), which
will result in Limited becoming a wholly-owned subsidiary of CoreComm Holdco,
Inc., a Delaware corporation ("Holdco"), and pursuant to each of Warrant No.
CCL-3A, dated July 13, 2001, and Warrant No. CCL-3B, dated July 13, 2001
(together, the "Warrants"), that you currently hold to purchase shares of
common stock of the Company, Holdco will assume the due and punctual observance
and performance of each and every covenant and condition of the Warrants to be
performed and observed by the Company, as well as all of the obligations and
liabilities under the Warrants. The Warrants will automatically be converted
into warrants to purchase the number of shares of common stock of Holdco, and
at the exercise prices, set forth in the officer's certificate attached hereto
as Annex A, which shares of Holdco common stock Holdco agrees to provide upon
exercise of the Warrants.

         This assumption agreement shall be governed by and construed and
enforced in accordance with the laws of the State of New York. All actions or
proceedings arising in connection with this assumption agreement shall be tried
and litigated only in the federal or state courts located in the County of New
York, State of New York, which shall have exclusive jurisdiction of for the
purpose of any such action or proceeding.

<PAGE>

         IN WITNESS WHEREOF, the undersigned has duly executed this assumption
of warrants as of this 1st day of July, 2002.

                                    CORECOMM HOLDCO, INC.

                                    By: /s/ Michael A. Peterson
                                       ---------------------------------
                                       Name: Michael A. Peterson
                                       Title: Executive Vice President -
                                              Chief Operating Officer and
                                              Chief Financial Officer

                                       2
#### § 1.1377-0 Table of contents.

The following table of contents is provided to facilitate the use of §§ 1.1377-1 through 1.1377-3:

## § 1.1377-1 Pro rata share.

(a) Computation of pro rata shares.

(1) In general.

(2) Special rules.

(i) Days on which stock has not been issued.

(ii) Determining shareholder for day of stock disposition.

(iii) Shareholder trust conversions.

(b) Election to terminate year.

(1) In general.

(2) Affected shareholders.

(3) Effect of the terminating election.

(i) In general.

(ii) Due date of S corporation return.

(iii) Taxable year of inclusion by shareholder.

(iv) S corporation that is a partner in a partnership.

(4) Determination of whether an S shareholder's entire interest has terminated.

(5) Time and manner of making a terminating election.

(i) In general.

(ii) Affected shareholders required to consent.

(iii) More than one terminating election.

(c) Examples.

## § 1.1377-2 Post-termination transition period.

(a) In general.

(b) Special rules for post-termination transition period.

(c) Determination defined.

(d) Date a determination becomes effective.

(1) Determination under section 1313(a).

(2) Written agreement.

(3) Implied agreement.

## § 1.1377-3 Effective date.

[T.D. 8696, 61 FR 67455, Dec. 23, 1996, as amended by T.D. 8994, 67 FR 34401, May 14, 2002]
Editorial Note on Part 890
Editorial Note: Nomenclature changes to part 890 appear at 73 FR 35341, June 23, 2008.

§ 890.5950 Powered heating unit. ( a ) *Identification.* A powered heating unit is a device intended for medical purposes that consists of an encased cabinet containing hot water and that is intended to heat and maintain hot packs at an elevated temperature.
( b ) *Classification.* Class I (general controls). The device is exempt from the premarket notification procedures in subpart E of part 807 of this chapter, subject to the limitations in § 890.9.
[48 FR 53047, Nov. 23, 1983, as amended at 61 FR 1125, Jan. 16, 1996; 66 FR 38818, July 25, 2001]
§ 1.32-3 Eligibility requirements after denial of the earned income credit. ( a ) *In general.* A taxpayer who has been denied the earned income credit (EIC), in whole or in part, as a result of the deficiency procedures under subchapter B of chapter 63 (deficiency procedures) is ineligible to file a return claiming the EIC subsequent to the denial until the taxpayer demonstrates eligibility for the EIC in accordance with paragraph (c) of this section. If a taxpayer demonstrates eligibility for a taxable year in accordance with paragraph (c) of this section, the taxpayer need not comply with those requirements for any subsequent taxable year unless the Service again denies the EIC as a result of the deficiency procedures.
( b ) *Denial of the EIC as a result of the deficiency procedures.* For purposes of this section, denial of the EIC as a result of the deficiency procedures occurs when a tax on account of the EIC is assessed as a deficiency (other than as a mathematical or clerical error under section 6213(b)(1)).
( c ) *Demonstration of eligibility.* In the case of a taxpayer to whom paragraph (a) of this section applies, and except as otherwise provided by the Commissioner in the instructions for Form 8862, “Information To Claim Earned Income Credit After Disallowance,” no claim for the EIC filed subsequent to the denial is allowed unless the taxpayer properly completes Form 8862, demonstrating eligibility for the EIC, and otherwise is eligible for the EIC. If any item of information on Form 8862 is incorrect or inconsistent with any item on the return, the taxpayer will be treated as not demonstrating eligibility for the EIC. The taxpayer must follow the instructions for Form 8862 to determine the income tax return to which Form 8862 must be attached. If the taxpayer attaches Form 8862 to an incorrect tax return, the taxpayer will not be relieved of the requirement that the taxpayer attach Form 8862 to the correct tax return and will, therefore, not be treated as meeting the taxpayer's obligation under paragraph (a) of this section.
( d ) *Failure to demonstrate eligibility.* If a taxpayer to whom paragraph (a) of this section applies fails to satisfy the requirements of paragraph (c) of this section with respect to a particular taxable year, the IRS can deny the EIC as a mathematical or clerical error under section 6213(g)(2)(K).
( e ) *Special rule where one spouse denied EIC.* The eligibility requirements set forth in this section apply to taxpayers filing a joint return where one spouse was denied the EIC for a taxable year prior to marriage and has not established eligibility as either an unmarried or married taxpayer for a subsequent taxable year.
( f ) *Effective date.* This section applies to returns claiming the EIC for taxable years beginning after December 31, 1997, where the EIC was denied for a taxable year beginning after December 31, 1996.
[T.D. 8953, 66 FR 33637, June 25, 2001]
Exhibit 32.1



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 Fonix Corporation on Form 10-Q for the period ending June 30, 2004, as filed with the Securities and Exchange Commission on the date hereof (the "Report"), Thomas A. Murdock, Chief Executive Officer of the Company, certifies 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 result of operations of the Company.





/s/ Thomas A. Murdock

Thomas A. Murdock

Chief Executive Officer







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 Fonix Corporation on Form 10-Q for the period ending June 30, 2004, as filed with the Securities and Exchange Commission on the date hereof (the "Report"), Roger D. Dudley, Chief Financial Officer of the Company, certifies, 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 result of operations of the Company.







/s/ Roger D. Dudley

Roger D. Dudley

Chief Financial Officer
Exhibit 32.02

CERTIFICATION OF CHIEF FINANCIAL OFFICER
REQUIRED BY RULE 13a-14(b) or RULE 15d-14(b)
AND SECTION 906 OF THE SARBANES-OXLEY ACT
OF 2002, 18 U.S.C. SECTION 1350

In connection with the Quarterly Report of Williams Controls, Inc (the
Company) on Form 10-Q for the period ended June 30, 2009 as filed with the
Securities and Exchange Commission on the date hereof (the Report), I, Dennis
E. Bunday, 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.

|                       
|-----------------------
|/s/ DENNIS E. BUNDAY   
|                       
|Dennis E. Bunday       
|Chief Financial Officer
|Williams Controls, Inc.
|August 7, 2009         

---
Explanatory Report

On August 12, 2016, the Supreme Court of Pennsylvania adopted amendments 

to Pa.R.J.A. Nos. 4001-4016 governing court reporting and transcripts. These 

amendments have precipitated technical amendments to Pa.R.C.P. No. 227.3 

governing the transcript of testimony, Pa.R.J.C.P. 380 governing the preservation of 

testimony after commencement of proceedings in delinquency actions, and Pa.R.J.C.P. 

1380 governing the preservation of testimony after commencement of proceedings in 

dependency actions to cross-references to the court reporting and transcript rules. 

In Pa.R.C.P. No. 227.3, the note currently cross-references Pa.R.J.A. No. 5005.5 

regarding the request for a transcript and provides additional information found in that 

rule. The note also cross-references to Pa.R.J.A. Nos. 5005.6, 5005.7, and 5005.11 

governing the fees for transcripts and their payment. The amendment revises and 

simplifies the note to provide a cross-reference regarding the request for transcripts, the 

fees for transcripts and their payment to amended Pa.R.J.A. Nos. 4007, 4008, and 

4009.

In Pa.R.J.C.P. 380 and Pa.R.J.C.P. 1380, the Comments to both rules crossreference the current chapter of the Rules of Judicial Administration governing court 

reporter and transcripts: 5000.1-5000.13. The amendments update these crossreferences to the appropriate numbers: 4001-4016. Additionally, the Comments are

revised to reflect recent revisions to the Comment to Pa.R.Crim.P. 500.
#### § 1.269-6 Relationship of section 269 to section 382 before the Tax Reform Act of 1986.

Section 269 and §§ 1.269-1 through 1.269-5 may be applied to disallow a net operating loss carryover even though such carryover is not disallowed (in whole or in part) under section 382 and the regulations thereunder. This section may be illustrated by the following examples:

# Example 1.

L Corporation has computed its taxable income on a calendar year basis and has sustained heavy net operating losses for a number of years. Assume that A purchases all of the stock of L Corporation on December 31, 1955, for the principal purpose of utilizing its net operating loss carryovers by changing its business to a profitable new business. Assume further that A makes no attempt to revitalize the business of L Corporation during the calendar year 1956 and that during January 1957 the business is changed to an entirely new and profitable business. The carryovers will be disallowed under the provisions of section 269(a) without regard to the application of section 382.

# Example 2.

L Corporation has sustained heavy net operating losses for a number of years. In a merger under State law, P Corporation acquires all of the assets of L Corporation for the principal purpose of utilizing the net operating loss carryovers of L Corporation against the profits of P Corporation's business. As a result of the merger, the former stockholders of L Corporation own, immediately after the merger, 12 percent of the fair market value of the outstanding stock of P Corporation. If the merger qualifies as a reorganization to which section 381(a) applies, the entire net operating loss carryovers will be disallowed under the provisions of section 269(a) without regard to the application of section 382.

# Example 3.

L Corporation has been sustaining net operating losses for a number of years. P Corporation, a profitable corporation, on December 31, 1955, acquires all the stock of L Corporation for the purpose of continuing and improving the operation of L Corporation's business. Under the provisions of sections 334(b)(2) and 381(a)(1), P Corporation would not succeed to L Corporation's net operating loss carryovers if L Corporation were liquidated pursuant to a plan of liquidation adopted within two years after the date of the acquisition. During 1956, P Corporation transfers a profitable business to L Corporation for the principal purpose of using the profits of such business to absorb the net operating loss carryovers of L Corporation. The transfer is such as to cause the basis of the transferred assets in the hands of L Corporation to be determined by reference to their basis in the hands of P Corporation. L Corporation's net operating loss carryovers will be disallowed under the provisions of section 269(a) without regard to the application of section 382.

[T.D. 6595, 27 FR 3597, Apr. 14, 1962, as amended by T.D. 8388, 57 FR 346, Jan. 6, 1992]
IN THE SUPREME COURT OF PENNSYLVANIA

MIDDLE DISTRICT

COMMONWEALTH OF PENNSYLVANIA,

Respondent

v.

ISEAN ORON MCNEIL,

Petitioner :

:

:

:

:

:

:

:

:

:

: No. 457 MAL 2017

Petition for Allowance of Appeal from

the Order of the Superior Court

ORDER

PER CURIAM

AND NOW , this 17th day of January, 2018

, the Petition for Allowance of Appeal

is DENIED

.
# C_2014282EN.01003701.xml

| 25.8.2014 | EN | Official Journal of the European Union | C 282/37 |
| --- | --- | --- | --- |

25.8.2014

EN

Official Journal of the European Union

C 282/37

---

Action brought on 17 April 2014 — The Smiley Company v OHIM (Shape of a face)

(Case T-242/14)

2014/C 282/48

Language of the case: English

Parties

Parties

Applicant: The Smiley Company SPRL (Brussels, Belgium) (represented by: A. Freitag, lawyer)

Applicant:

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)

Defendant:

Form of order sought

Form of order sought

The applicant claims that the Court should:

| — | Annul the decision of the First Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 16 January 2014 given in Case R 836/2013-1; |
| --- | --- |

—

Annul the decision of the First Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 16 January 2014 given in Case R 836/2013-1;

| — | Order the defendant to pay the costs of proceedings. |
| --- | --- |

—

Order the defendant to pay the costs of proceedings.

Pleas in law and main arguments

Pleas in law and main arguments

Community trade mark concerned: Tri-dimensional mark representing the shape of a face for goods in classes 29 and 30 — Community trade mark application No 1 1 1 68  762

Community trade mark concerned:

Decision of the Examiner: Found the mark applied for not eligible for registration pursuant to Article 7(1)(b) of the Regulation No 207/2009

Decision of the Examiner:

Decision of the Board of Appeal: Dismissed the appeal

Decision of the Board of Appeal:

Pleas in law: Infringement of Article 7(1)(b) of the Regulation No 207/2009

Pleas in law:

---
427 A.2d 1209

#### Commonwealth v. Perrone, Appellant.

Submitted November 16, 1979.

William M. Panella, for appellant;

Donald E. Williams, District Attorney, for Commonwealth, appellee.

Before PRICE, HESTER and CAVANAUGH, JJ.

Judgment of sentence affirmed.
#### § 814.120 Temporary suspension of approval of an HDE.

An HDE or HDE supplement may be temporarily suspended for the same reasons and in the same manner as prescribed for PMA's in § 814.47.

[63 FR 59221, Nov. 3, 1998]
Exhibit 35.5  LOGO 2018 Annual Statement of Servicer Compliance (Item 1123) Pooling and Servicing Agreement (the Pooling and Servicing Agreement) dated as of August 1, 2015 by and among Wells Fargo
Commercial Mortgage Securities, Inc., as Depositor, Wells Fargo Bank, National Association as General Master Servicer, Rialto Capital Advisors, LLC as General Special Servicer, National Cooperative Bank, N.A., as NCB Master Servicer, National
Cooperative Bank, N.A., as NCB Special Servicer, Pentalpha Surveillance, LLC as Trust Advisor, Wells Fargo Bank, National Association as Certificate Administrator, as Tax Administrator and as Custodian, and Wilmington Trust, National Association as
Trustee relating to the Wells Fargo Commercial Mortgage Trust 2015-C30, Commercial Mortgage Pass-Through Certificates, Series 2015-C30 (WFCM 2015-C30) The undersigned, a duly
authorized officer of Rialto Capital Advisors, LLC, as special servicer (the Special Servicer) herein certifies to the following:  1.
All servicing activities and performance of such servicing activities under the Pooling and Servicing Agreement
are performed on behalf of the Special Servicer.  2.
A review of the servicing activities and performance by the Special Servicer for the period of July 5,
2018 to December 31, 2018 (the Reporting Period) in accordance with the Pooling and Servicing Agreement has been conducted under my supervision.  3.
To the best of my knowledge, based on such review, the Special Servicer has fulfilled all of its obligations
under the terms of the Pooling and Servicing Agreement, in all material respects for the Reporting Period and if there has been a failure to fulfill any such obligations in any material respect, each failure and the nature and status thereof has
been specifically identified herein.  Certified by:

/s/ Adam Singer



Date: March1, 2019Adam Singer, Managing Director
Exhibit 13.2

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 this annual report on Form 20-F of Nomad Foods Limited (the Company) for the nine months ended December 31, 2015 as filed with the
Securities and Exchange Commission on the date hereof (the Report), I, Paul Kenyon, Chief Financial Officer of the Company, hereby 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:



| | (i) | The Report fully complies with the requirements of Section 13(a) or Section 15(d) of the Securities Exchange Act of 1934, as amended; and
| | --- | -----------------------------------------------------------------------------------------------------------------------------------------



| | (ii) | The information contained in the Report fairly presents, in all material respects, the financial condition and results of operations of the Company.
| | ---- | ----------------------------------------------------------------------------------------------------------------------------------------------------

Date:  April 1, 2016



/s/ Paul KenyonPaul KenyonChief Financial Officer(Principal Financial Officer)


The foregoing certification is being furnished solely pursuant to 18 U.S.C. Section 1350 and is not being filed as part of this
Report.