alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
Exhibit 4.2


 




	
  

  	
   DELAWARE JUNE 2004 SEAL KYTHERA
  BIOPHARMACEUTICALS, INC. CORPORATE This certifies that is the record holder
  of Dated: KB INCORPORATED UNDER THE LAWS OF THE STATE OF DELAWARE FULLY PAID
  AND NONASSESSABLE SHARES OF COMMON STOCK, $.00001 PAR VALUE, OF KYTHERA
  Biopharmaceuticals, Inc. transferable on the books of the corporation in
  person or by duly authorized attorney upon surrender of this Certificate
  properly endorsed. This Certificate is not valid until countersigned by the
  Transfer Agent and registered by the Registrar. WITNESS the facsimile seal of
  the Corporation and the facsimile signatures of its duly authorized officers.
  CUSIP 501570 10 5 SEE REVERSE FOR CERTAIN DEFINITIONS SECRETARY & GENERAL
  COUNSEL PRESIDENT & CHIEF EXECUTIVE OFFICER COUNTERSIGNED AND REGISTERED:
  WELLS FARGO BANK, N.A. TRANSFER AGENT AND REGISTRAR BY: AUTHORIZED SIGNATURE 

  






 















	
  

  	
  The Corporation
  shall furnish without charge to each stockholder who so requests a statement
  of the powers, designations, preferences and relative, participating,
  optional or other special rights of each class of stock of the Corporation or
  series thereof and the qualifications, limitations or restrictions of such
  preferences and/or rights. Such requests shall be made to the Corporation’s
  Secretary at the principal office of the Corporation. The following
  abbreviations, when used in the inscription on the face of this certificate,
  shall be construed as though they were written out in full according to
  applicable laws or regulations: Additional abbreviations may also be used
  though not in the above list. TEN COM – as tenants in common TEN ENT – as
  tenants by the entireties JT TEN – as joint tenants with right of
  survivorship and not as tenants in common COM PROP – as community property
  UNIF GIFT MIN ACT – Custodian (Cust) (Minor) under Uniform Gifts to Minors
  Act (State) UNIF TRF MIN ACT – Custodian (until age ) (Cust) under Uniform
  Transfers (Minor) to Minors Act (State) FOR VALUE RECEIVED, hereby sell(s),
  assign(s) and transfer(s) unto PLEASE INSERT SOCIAL SECURITY OR OTHER
  IDENTIFYING NUMBER OF ASSIGNEE shares of the capital stock represented by
  within Certificate, and do hereby irrevocably constitute and appoint
  attorney-in-fact to transfer the said stock on the books of the within named
  Corporation with full power of the substitution in the premises. Dated
  NOTICE: THE SIGNATURE TO THIS ASSIGNMENT MUST CORRESPOND WITH THE NAME AS
  WRITTEN UPON THE FACE OF THE CERTIFICATE IN EVERY PARTICULAR, WITHOUT
  ALTERATION OR ENLARGEMENT OR ANY CHANGE WHATSOEVER. By THE SIGNATURE(S)
  SHOULD BE GUARANTEED BY AN ELIGIBLE GUARANTOR INSTITUTION, (BANKS,
  STOCKBROKERS, SAVINGS AND LOAN ASSOCIATIONS AND CREDIT UNIONS WITH MEMBERSHIP
  IN AN APPROVED SIGNATURE GUARANTEE MEDALLION PROGRAM), PURSUANT TO S.E.C.
  RULE 17Ad-15. GUARANTEES BY A NOTARY PUBLIC ARE NOT ACCEPTABLE. SIGNATURE
  GUARANTEES MUST NOT BE DATED. Signature(s) Guaranteed: (PLEASE PRINT OR
  TYPEWRITE NAME AND ADDRESS, INCLUDING ZIP CODE, OF ASSIGNEE) X X
### IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

No. 15

- 11155 Summary Calendar

UNITED STATES OF AMERICA , Plaintiff

- Appellee

v.
OCARIO RUIZ, also known as Oscar Ruiz , Defendant

- Appellant

Appeal from the United States District Court for the Northern District of Texas USDC No. 4:10

- CR

- 73

- 3

Before HIGGINBOTHAM, ELROD, and SOUTHWICK, Circuit Judges. PER CURIAM: * Ocario Ruiz, federal prisoner # 16491

- 075, is serving a 360

- month term of imprisonment following his conviction for one charge of conspiracy to possess 500 grams or more of cocaine with intent to distribute. He appeals the district court’s denial of his 1 8 U.S.C. § 3582(c)(2) motion for a reduction of sentence based on Amendment 782 to the United States Sentencing Guidelines, which

* Pursuant to 5 TH C IR

. R. 47.5 , the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5 TH C IR

. R. 47.5.4. United States Court of Appeals Fifth Circuit 

### FILED March 11, 2016 Lyle W. Cayce Clerk Case: 15-11155 Document: 00513420565 Page: 1 Date Filed: 03/11/2016No. 15

- 11155

2 lowered the base offense levels in the drug quantity table set forth in U.S.S.G. § 2D1.1(c).
We have a duty to examine the b asis of our jurisdiction even if we must do so sua sponte. Mosley v. Cozby , 813 F.2d 659, 660 (5th Cir. 1987). Ruiz ’s notice of appeal was filed almost 11 months after entry of judgment and was thus untimely. See United States v. Alvarez , 210 F.3d 309, 310 (5th Cir. 2000) ; F ED

. R. A PP

. P. 4(b)(1)(A). Nonetheless, because this issue is n ot jurisdictional, we pretermit it. See United States v. Martinez , 496 F.3d 387, 388 (5th Cir. 2007).
We review the denial of a § 3582(c)(2) motion for an abuse of dis cretion. United States v. Henderson , 636 F.3d 713, 717 (5th Cir. 2011). Section 3582(c)(2) grants discretion to a district court to modify a sentence that was based on a guidelines range that was later lowered by the Sentencing Commission. § 3582(c)(2). The district court determined that Ruiz was ineligible for a § 3582(c)(2) reduction because his base offense level was not changed by Amendment 782. Ruiz’s failure to dispute this reasoning has the same effect as if he had not appealed the district cou rt’s judgment at all. See Brinkmann v. Dallas County Deputy Sheriff Abner , 813 F.2d 744, 748 (5th Cir. 1987); see also United States v. Delgado , 672 F.3d 320, 328 (5th Cir. 2012) (en banc)

. Ruiz’s argument that he was entitled to § 3582(c)(2) relief becau se he should not have been sentenced as a career offender, which is raised for the first time on appeal, is unavailing because claims regarding the validity of the original conviction and sentence are not cognizable in a § 3582(c)(2) motion. See United St ates v. Hernandez , 645 F.3d 709, 712 (5th Cir. 2011)

. AFFIRMED. Case: 15-11155 Document: 00513420565 Page: 2 Date Filed: 03/11/2016
<PAGE>

                                                                    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 AVANIR Pharmaceuticals (the
"Company") on Form 10-Q for the period ending June 30, 2003 as filed with the
Securities and Exchange Commission on the date hereof (the "Report"), I, Gerald
J. Yakatan, 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 result of operations of the
Company.

/s/ GERALD J. YAKATAN
-------------------------------
   Gerald J. Yakatan
   Chief Executive Officer
   August 14, 2003

A signed original of this written statement required by Section 906 of the
Sarbanes-Oxley Act of 2002 has been provided to AVANIR Pharmaceuticals and will
be retained by AVANIR Pharmaceuticals and furnished to the Securities and
Exchange Commission upon request.
Editorial Note on Subchapter A of Chapter II
Editorial Note: Nomenclature changes to subchapter A appear at 78 FR 60697, Oct. 2, 2013.

Editorial Note on Part 357
Editorial Note: Nomenclature changes to part 357 appear at 70 FR 57431, Sept. 30, 2005.

§ 357.14 What authority does a Federal Reserve Bank have? ( a ) Each Federal Reserve Bank has the authority as fiscal agent of the United States to: ( 1 ) Perform functions with respect to the issuance of Book-entry Securities offered and sold by the Department to which this subpart applies, in accordance with the terms of the applicable offering circular and with procedures established by the Department;
( 2 ) Service and maintain Book-entry Securities in accounts established for such purposes;
( 3 ) Make payments of principal and interest, as directed by the Department;
( 4 ) Effect transfer of Book-entry Securities between Participants' Securities Accounts as directed by the Participants; and
( 5 ) Perform such other duties as fiscal agent that the Department may request.
( b ) Each Federal Reserve Bank may issue Operating Circulars that are consistent with this part, governing the details of its handling of Book-entry Securities, Security Entitlements, and the operation of the book-entry system under this part.
```

[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2563 Introduced in House (IH)]

104th CONGRESS
  1st Session
                                H. R. 2563

  To authorize certain operations of Canadian oil spill response and 
            recovery vessels in waters of the United States.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                            October 31, 1995

 Mr. Longley introduced the following bill; which was referred to the 
             Committee on Transportation and Infrastructure

_______________________________________________________________________

                                 A BILL

 
  To authorize certain operations of Canadian oil spill response and 
            recovery vessels in waters of the United States.

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

SECTION 1. USE OF CANADIAN OIL SPILL RESPONSE AND RECOVERY VESSELS.

    Notwithstanding any other provision of law, oil spill response and 
recovery vessels documented under the laws of Canada may operate in 
waters of the United States adjacent to the border between Canada and 
the United States, on an emergency and temporary basis, for the purpose 
of recovering, transporting, and unloading in a United States port oil 
discharged (or that there is a threat will be discharged) in or near 
such waters, if the Federal On-Scene Coordinator for a discharge or 
threat of a discharge of oil determines that an adequate number and 
type of oil spill response and recovery vessels documented under the 
laws of the United States cannot be engaged to recover oil in or near 
those waters in a timely manner.
                                 <all>
```
## In the United States Court of Appeals

For the Fifth Circuit

_______________



### m 02-30197

_______________



### A LICIA 

### T ANGUIS 

### , ETC 

### ., ET AL 

### ., Plaintiffs,



### A LICIA 

### T ANGUIS 

### , ON B EHALF OF H ERSELF AND A LL O THERS S IMILARLY S ITUATED IN THE S TATE OF L OUISIANA ; 

### D ONALD 

### F. M ANKIN 

### , J R 

### ., ON B EHALF OF H IMSELF AND A LL O THERS S IMILARLY S ITUATED IN THE S TATE OF L OUISIANA ; 

### G EORGE 

### A. B ARISICH 

### , ON B EHALF OF H IMSELF AND A LL O THERS S IMILARLY S ITUATED IN THE S TATE OF L OUISIANA ; 

### M EDRIC 

### M EYER 

### , ON B EHALF OF H IMSELF AND A LL O THERS S IMILARLY S ITUATED IN THE S TATE OF L OUISIANA ; 

### P RESTON 

### S ALTALAMACCHIA 

### , ON B EHALF OF H IMSELF AND A LL O THERS S IMILARLY S ITUATED IN THE S TATE OF L OUISIANA , 

### Plaintiffs-Appellants,

VERSUS



### W ESTCHESTER 

### M/V, ET AL 

### .,

Defendants,

W ESTCHESTER 

### M/V
AND 

### E RMIS 

### M ARITIME 

### C ORPORATION 

### , Defendants-Appellees.2 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *

I N THE M ATTER OF : 

### M ARINE 

### O IL 

### T RADER 

### 3 L IMITED 

### , AS O WNER OF M/V W ESTCHESTER P ETITIONING FOR E XONERATION FROM OR L IMITATION OF L IABILITY ;



### T RITON 

### M ARINE 

### , S.A.,

AS M ANAGER OF M/V W ESTCHESTER P ETITIONING FOR E XONERATION FROM OR L IMITATION OF L IABILITY ; 

### E RMIS 

### M ARITIME 

### C ORPORATION 

### , AS M ANAGER OF M/V W ESTCHESTER P ETITIONING FOR E XONERATION FROM OR L IMITATION OF L IABILITY

.

* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *



### M ARINE 

### O IL 

### T RADER 

### 3 L IMITED 

### , AS O WNER OF M/V W ESTCHESTER ; 

### T RITON 

### M ARINE 

### , S.A.,

AS M ANAGER OF M/V W ESTCHESTER ; 

### E RMIS 

### M ARITIME 

### C ORPORATION 

### , AS M ANAGER OF M/V W ESTCHESTER , 

### Petitioners-Appellees,

VERSUS



### I STVAN 

### A BONYI 

### , ET AL 

### .,

Claimants.

_________________________ Appeal from the United States District Court for the Eastern District of Louisiana


### m 01-CV-3559-N

_________________________ December 10, 20023

Before S MITH , B ARKSDALE , and E MILIO M. G ARZA , Circuit Judges.

P ER C URIAM : *

This is a putative state class action that was subsumed, on

remo val to federal court, by a limitation of liabilit

y action. The appellants assert error in the district court’s dis missal of potential claims. We have read the briefs and the a pplicable law, have heard the arguments of counsel, and have consulted pertinent portions of the record.

Because the limitation of liabilit y action terminates appellants’ status as asserted class representa t ives, appellants have no standing to pursue this appeal on behalf of potential claimants. Because of the lack of standing, we have no jurisdiction over the appeal.

The appeal, accordingly, is DISMISSED.

* Pursuant to 5 TH C IR. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5 TH C IR . R. 47.5.4.
June 4,2010 

Mr. A. Stanley Meiburg 

Acting Regional Administrator 

u.s. Environmental Protection Agency 

61 Forsyth Street, SW 

Atlanta, Georgia 30303-3104 

Re: 	 Red Panther Chemical Company 


Clarksdale, Coahoma County, MS 


MSD000272385 


Dear Mr. Meiburg: 

The U. S. Environmental Protection Agency's (EPA) letter of April 7, 2010, from Mr. 

Franklin E. Hill, Director of the Superfund Division requested written support for EPA to 

proceed with the National Priorities List (NPL) listing process for the above referenced Red 

Panther Chemical Company site. 

I have reviewed the matter and concur with EPA's decision to proceed with the listing process 

with the understanding that no commitment of financial resources is being made on the part of 

the State ofMississippi regarding costs associated with a cleanup at the Red Panther 

Chemical Company site at this time. The State looks forward to working with EPA in this 

matter to ensure protection of human health and the environment. 

Should you need anything further from the State on this matter, please feel free to contact me 

at 601-961-5000. 

Very truly yours, 

ct 


Trudy 

Executive Director 

cc: Jerry Cain 

Jerry Banks 

POST OFFICE Box 2261- JACKSON, MISSISSIPPI 39225-2261 - TEL: (601) 961-5000 - FAX: (601) 961-5794 - www.deq.srate.ms.us 

AN EQUAL OPPORTUNITY EMPLOYER 
>3 


STATE OF MISSISSIPPI 

:IH)\L~ "BARBOUR I ~_" } - I 

GOVERNOR 

MISSISSIPPI DEPARTMENT OF ENVIRONMENTAL QUALITY 

TRUDY D. FISHER. ExECUTIVE DIRECTOR 

November 29,2010 

Mrs. Gwendolyn Keyes Fleming 

Regional Administrator 

U.S. Environmental Protection Agency 

61 Forsyth Street, SW 

Atlanta, Georgia 30303-3104 

Re: Red Panther Chemical Company 

Clarksdale, Coahoma County, MS 

MSD000272385 

Dear Mrs. Fleming: 

The U. S. Environmental Protection Agency's (EPA) letter of November 2,2010, from 

Mr. Franklin E. Hill, Director of the Superfund Division, was to confirm continued 

support for EPA to proceed with the National Priorities List (NPL) listing process for the 

above referenced Red Panther Chemical Company site. 

While the letter did not request additional written support of EPA in this matter, I have 

reviewed the matter and continue to support EPA's decision to proceed with the listing 

process with the understanding that no commitment of financial resources is being made 

on the part of the State of Mississippi regarding costs associated with a cleanup at the 

Red Panther Chemical Company site at this time. The State looks forward to working 

with EPA in this matter to ensure protection of human health and the environment. 

Should you need anything further from the State on this matter, please feel free to contact 

me at 601-961-5000. 

Trudy 

Executive Director 

TDF:jar 

cc: 	 Jerry Cain 

Jerry Banks 

POST OFFICE Box 2261 0 JACKSON. MISSISSIPPI 39225-2261 TEL: (601) 961-5000 0 0 FAX: (601) 961-5794 0 www.deq.state.ms.us

AN EQUAL OPPORTUNITY EMPLOYER
A 38" 

B 48-1/4" 

C 39-1/4" 

D 21-1/2" 

E 30" 

F 8" 

G 19-5/8" 

H 36-3/4" 

I 73-1/2" 

J 52" 

K 16-1/2" Safety Tested 

Weight 

Height 

Width 

Depth 

From Unit Base 

to Room Ceiling 

From Unit Base 

K 11-1/4" to 8" Mantel 

Warnock Hersey to 

ANSVAGA Standard 

M50 - 275 Ibs. 

M27 - 175 Ibs. 

M50 M27 

50" 49" 

39-1/4" 29-3/4" 

21-1/2" 14" 

72" 60" 

50" 47" 

Standard Equipment: 

Fiberglo log set, coals; 

M50: 3-level burner; 

M27: 2-level burner; 

Blower with rheostat, firebrick, 

neo-ceram glass, thermostat, 

manual infinite flame height 

control, manual rear burner 

On/Off control, Digital Control 

Ready wire harness. 

Options: 

M50 and M27: Black, Vintage 

Iron, Swedish Nickel, Antique 

Copper, Antique Gold, Cast 

fronts, Digital Wall SWitch, 

Digital Remote Control. 

M50 only: Antique Red 

Firebrick or Natural Aged 

Herringbone linings. 

M27 only: One-piece domed 

Antique Red Firebrick or 

Milano Tile linings. 

Because of continuing 

product improvements, 

Mendota reserves the right 

to change specifications 

without notice. 

EERE-2006-BT-STD-0129 COMMENT 128
<TABLE> <S> <C>

<PAGE>
<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM THE BALANCE
SHEET AS OF MARCH 31, 1999 AND THE STATEMENT OF OPERATIONS FOR THE NINE MONTHS
ENDED MARCH 31, 1999 AND IS QUALIFIED IN ITS ENTIRETY BY REFERENCE TO SUCH
FINANCIAL STATEMENTS.
</LEGEND>
<CIK> 0000858915
<NAME> CALIFORNIA CULINARY ACADEMY
<MULTIPLIER> 1,000
       
<S>                             <C>
<PERIOD-TYPE>                   9-MOS
<FISCAL-YEAR-END>                          JUN-30-1999
<PERIOD-START>                             JUL-01-1998
<PERIOD-END>                               MAR-31-1999
<CASH>                                             753
<SECURITIES>                                         0
<RECEIVABLES>                                    4,669
<ALLOWANCES>                                       490
<INVENTORY>                                        340
<CURRENT-ASSETS>                                 5,959
<PP&E>                                          15,505
<DEPRECIATION>                                   6,604
<TOTAL-ASSETS>                                  15,667
<CURRENT-LIABILITIES>                            6,738
<BONDS>                                          2,233
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                        11,355
<OTHER-SE>                                     (4,659)
<TOTAL-LIABILITY-AND-EQUITY>                    15,667
<SALES>                                            815
<TOTAL-REVENUES>                                 4,512
<CGS>                                              318
<TOTAL-COSTS>                                      713
<OTHER-EXPENSES>                                 3,505
<LOSS-PROVISION>                                    88
<INTEREST-EXPENSE>                                   0
<INCOME-PRETAX>                                    227
<INCOME-TAX>                                        24
<INCOME-CONTINUING>                                203
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                       203
<EPS-PRIMARY>                                     0.05
<EPS-DILUTED>                                     0.05
        

</TABLE>
§ 553.511 Official business of certain international organizations and entities. All transactions prohibited by this part that are for the conduct of the official business of the following entities by employees, grantees, or contractors thereof are authorized: ( a ) The United Nations, including its Programmes, Funds, and Other Entities and Bodies, as well as its Specialized Agencies and Related Organizations;
( b ) The International Centre for Settlement of Investment Disputes (ICSID) and the Multilateral Investment Guarantee Agency (MIGA);
( c ) The African Development Bank Group, the Asian Development Bank, the European Bank for Reconstruction and Development, and the Inter-American Development Bank Group (IDB Group), including any fund entity administered or established by any of the foregoing;
( d ) The International Committee of the Red Cross and the International Federation of Red Cross and Red Crescent Societies; and
( e ) The Global Fund to Fight AIDS, Tuberculosis, and Malaria and the Global Alliance for Vaccines and Immunizations.