alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
<PAGE>   1
                                                                   Exhibit 4.2





                            CERTIFICATE OF AMENDMENT

                                       OF

                AMENDED AND RESTATED CERTIFICATE OF INCORPORATION

                                       OF

                                 MAIL.COM, INC.

            Mail.com, Inc., a corporation duly organized and existing under the
General Corporation Law of the State of Delaware (the "Corporation"), does
hereby certify that:

            1. The Amended and Restated Certificate of Incorporation of the
Corporation is hereby amended by deleting the first sentence of the first
paragraph of Article V thereof in its entirety and inserting the following in
lieu thereof:

               The total number of shares of all classes of capital
               stock that the Corporation is authorized to issue is
               two hundred and twenty million (220,000,000) of which
               one hundred and fifty million (150,000,000) shall be
               shares of Class A Common Stock, par value one cent
               ($.01) per share, and ten million (10,000,000) shall be
               shares of Class B Common Stock, par value one cent
               ($.01) per share, and sixty million (60,000,000) shall
               be shares of Preferred Stock, par value one cent ($.01)
               per share.

            2. The Amended and Restated Certificate of Incorporation is hereby
further amended by adding the following at the end of Section 1 of
Article V thereof:

               The number of authorized shares of Class A Common
               Stock, Class B Common Stock or Preferred Stock may be
               increased or decreased (but not below the number of
               shares thereof then outstanding) by the affirmative
               vote of the holders of a majority in voting power of
               the stock of the Corporation entitled to vote generally
               in the election of directors irrespective of the
               provisions of Section 242(b)(2) of the General
               Corporation Law of the State of Delaware.

            3. The foregoing amendment was duly adopted in accordance with the
provisions of Sections 242 of the General Corporation Law of the State
of Delaware.
<PAGE>   2

            IN WITNESS WHEREOF, Mail.com, Inc. has caused this Certificate to be
executed by its duly authorized officer, on this 6th day of June,
2000.

                                    MAIL.COM, INC.




                                    By: /s/ Gerald Gorman
                                        -----------------
                                        Name: Gerald Gorman
                                        Office: Chairman and Chief Executive
                                                Officer
exv4w2



 


EXHIBIT 4.2


STATE OF
DELAWARE

CERTIFICATE OF AMENDMENT

TO CERTIFICATE OF TRUST


     Pursuant
to Title 12, § 3810(b)(1) of the Delaware Statutory Trust Act,
Delphi Trust II, a Delaware statutory trust (the “Trust”)
hereby executes the following Certificate of Amendment:



1. The name of the Trust is
Delphi Trust II.


2. Article 2 of the Certificate of
Trust shall be amended as follows:



     Delaware
Trustee. The name and business address of the Delaware resident
trustee of the Trust meeting the requirements of Section 3807 of the
Act are as follows:





	
	Chase Manhattan Bank USA, National Association,

500 Stanton Christiana Road, 3rd Floor/OPS4

Newark, New Castle County, Delaware 19713




3. This
Certificate of Amendment shall be effective upon filing.



     IN
WITNESS WHEREOF, the undersigned Trustee has executed this
Certificate of Amendment to the Certificate of Trust on the
20th day of November, 2003.




	 	 	 	 
		By:		/s/ Maria S. Roth
			

			Name:	Maria S. Roth
			Title:	VICE PRESIDENT
I 

110TH CONGRESS 

1ST SESSION H. R. 1836 

To amend the acquisition authority for land for the development of visitor 

and administrative facilities at Weir Farm National Historic Site in 

the State of Connecticut. 

IN THE HOUSE OF REPRESENTATIVES 

MARCH 29, 2007 

Mr. SHAYS introduced the following bill; which was referred to the Committee 

on Natural Resources 

A BILL 

To amend the acquisition authority for land for the development of visitor and administrative facilities at Weir 

Farm National Historic Site in the State of Connecticut. 

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 ‘‘Weir Farm National 

5 Historic Site Amendment Act’’. 


jcorcoran on PROD1PC62 with BILLS
2 

•HR 1836 IH

1 SEC. 2. LOCATION OF VISITOR AND ADMINISTRATIVE FA2 CILITIES FOR WEIR FARM NATIONAL HIS3 TORIC SITE. 

4 Section 4(d) of the Weir Farm National Historic Site 

5 Establishment Act of 1990 (16 U.S.C. 461 note) is 

6 amended— 

7 (1) in paragraph (1)(B), by striking ‘‘contig8 uous to’’ and all that follows and inserting ‘‘within 

9 Fairfield County.’’; 

10 (2) by amending paragraph (2) to read as fol11 lows: 

12 ‘‘(2) DEVELOPMENT.— 

13 ‘‘(A) MAINTAINING NATURAL CHAR14 ACTER.—The Secretary shall keep development 

15 of the property acquired under paragraph (1) to 

16 a minimum so that the character of the ac17 quired property will be similar to the natural 

18 and undeveloped landscape of the property de19 scribed in subsection (b). 

20 ‘‘(B) TREATMENT OF PREVIOUSLY DEVEL21 OPED PROPERTY.—Nothing in subparagraph 

22 (A) shall either prevent the Secretary from ac23 quiring property under paragraph (1) that, 

24 prior to the Secretary’s acquisition, was devel25 oped in a manner inconsistent with subpara26 graph (A), or require the Secretary to remeVerDate Aug 31 2005 05:52 Apr 05, 2007 Jkt 059200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H1836.IH H1836

jcorcoran on PROD1PC62 with BILLS
3 

•HR 1836 IH

1 diate such previously developed property to re2 flect the natural character described in sub3 paragraph (A).’’; and 

4 (3) in paragraph (3), by striking ‘‘the appro5 priate zoning authority’’ and all that follows through 

6 ‘‘Wilton, Connecticut,’’ and inserting the following: 

7 ‘‘the chief elected official of the unit of local govern8 ment having jurisdiction over the property acquired 

9 under paragraph (1) (as determined in accordance 

10 with applicable State law)’’. 

Æ 


jcorcoran on PROD1PC62 with BILLS
#### The NATIONAL ORGANIZATION FOR THE REFORM OF MARIJUANA LAWS (NORML), et al., Plaintiffs/Appellees, v. Francis M. MULLEN, et al., Defendants/Appellants.

No. 85-1883.

United States Court of Appeals, Ninth Circuit.

Argued and Submitted July 16, 1986.

Decided Aug. 1, 1986.

R. Elaine Leitner, Keker & Brockett, San Francisco, Cal., Marshall Warren Krause, Larkspur, Cal., for plaintiffs/appellees.

Catherine A. Rivlin, Deputy Atty. Gen., San Francisco, Cal., for defendants/appellants.

Before BROWNING, FLETCHER and NELSON, Circuit Judges.

ORDER

This case is remanded to the district court for reconsideration of the first sentence of paragraph 3 of the preliminary injunction in light of the United States Supreme Court’s decisions in *California v. Ciraolo,*— U.S. —, 106 S.Ct. 1809, 90 L.Ed.2d 210 (1986), and *Dow Chemical Co. v. United States,*— U.S. —, 106 S.Ct. 1819, 90 L.Ed.2d 226 (1986). In addition, the district court may choose to review the specific terms of paragraphs 3 and 4 in light of those same two cases.

The district court has thirty days to make any modifications to the preliminary injunction it deems necessary. Until it does, however, the entire preliminary injunction shall remain in effect. In all other respects, we sustain the preliminary injunction under the standard of our circuit that the district court did not abuse its discretion in deciding that the seriousness of the questions involved and the balance of hardships required it. *Sierra On-Line, Inc. v. Phoenix Software, Inc.,*739 F.2d 1415, 1421 (9th Cir.1984). We retain jurisdiction to review any appeals from the modification of the preliminary injunction.
UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

YAHYA ABDUSSAMADI,

Petitioner-Appellant,

v. No. 99-6225

BILLY VANDIFORD,

Respondent-Appellee.

Appeal from the United States District Court

for the Eastern District of North Carolina, at Raleigh.

Terrence W. Boyle, Chief District Judge.

(CA-98-96-5-BO)

Submitted: July 27, 1999

Decided: August 11, 1999

Before HAMILTON, LUTTIG, and KING, Circuit Judges.

_________________________________________________________________

Vacated and remanded by unpublished per curiam opinion.

_________________________________________________________________

COUNSEL

Yahya Abdussamadi, Appellant Pro Se.

_________________________________________________________________

Unpublished opinions are not binding precedent in this circuit. See

Local Rule 36(c).

_________________________________________________________________
OPINION

PER CURIAM:

Yahya Abdussamadi appeals from the district court's order granting summary judgment for the Respondent and denying relief on his

28 U.S.C. § 2241 (1994) petition.* Prior to entry of summary judgment, the district court failed to provide Abdussamadi with notice that

the Government's motion to dismiss was being construed as a motion

for summary judgment, and an opportunity to respond to the summary

judgment motion. See Fed. R. Civ. P. 12(b); Fayetteville Investors v.

Commercial Builders, Inc., 936 F.2d 1462, 1471-72 (4th Cir. 1991);

Davis v. Zahradnick, 600 F.2d 458, 460 (4th Cir. 1979). This was

error. The district court's omission of the notice required under

Roseboro v. Garrison, 528 F.2d 309, 310 (4th Cir. 1975), also constituted error. Therefore, we vacate the judgment of the district court

and remand for issuance of the required notices and further proceedings. We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before the court and

argument would not aid the decisional process.

VACATED AND REMANDED

_________________________________________________________________

*Although the United States was not listed on the district court docket

sheet as a party, the United States responded to Abdussamadi's petition

in the district court. Further, Abdussamadi's suit is a challenge to a federal detainer. Therefore, we consider the United States as the real party

in interest and accordingly find that Abdussamadi's notice of appeal was

timely. See Fed. R. Civ. P. 15(b); Fed. R. App. P. 4(a)(1)(B).

 2
# Official Journal L 362/2012

| | ISSN 1977-0677
  doi:10.3000/19770677.L_2012.362.eng |
| --- | --- |
| Official Journal
  of the European Union | L 362 |
| | |
| English edition | Legislation | Volume 5531 December 2012 |

ISSN 1977-0677

doi:10.3000/19770677.L_2012.362.eng

Official Journal

of the European Union

L 362

English edition

Legislation

Volume 5531 December 2012

---

| Contents | | II   Non-legislative acts | page |
| --- | --- | --- | --- |
| | | REGULATIONS |
| | * | Commission Delegated Regulation (EU) No 1268/2012 of 29 October 2012 on the rules of application of Regulation (EU, Euratom) No 966/2012 of the European Parliament and of the Council on the financial rules applicable to the general budget of the Union | 1 |

Contents

II   Non-legislative acts

page

REGULATIONS

*

Commission Delegated Regulation (EU) No 1268/2012 of 29 October 2012 on the rules of application of Regulation (EU, Euratom) No 966/2012 of the European Parliament and of the Council on the financial rules applicable to the general budget of the Union

1

| EN | Acts whose titles are printed in light type are those relating to day-to-day management of agricultural matters, and are generally valid for a limited period.
  The titles of all other Acts are printed in bold type and preceded by an asterisk. |
| --- | --- |

EN

Acts whose titles are printed in light type are those relating to day-to-day management of agricultural matters, and are generally valid for a limited period.

The titles of all other Acts are printed in bold type and preceded by an asterisk.
# C_2008248EN.01S00301.xml

| 30.9.2008 | EN | Official Journal of the European Union | C 248/s3 |
| --- | --- | --- | --- |

30.9.2008

EN

Official Journal of the European Union

C 248/s3

---

NOTE TO THE READER

NOTE TO THE READER

The institutions have decided no longer to quote in their texts the last amendment to cited acts.

Unless otherwise indicated, references to acts in the texts published here are to the version of those acts currently in force.

---
§ 17.901 Provision of health care. ( a ) *Spina bifida.* VA will provide a Vietnam veteran or veteran with covered service in Korea's child who has been determined under § 3.814 or § 3.815 of this title to suffer from spina bifida with health care as the Secretary determines is needed. VA may inform spina bifida patients, parents, or guardians that health care may be available at not-for-profit charitable entities.
( b ) *Covered birth defects.* VA will provide a woman Vietnam veteran's child who has been determined under § 3.815 of this title to suffer from covered birth defects (other than spina bifida) with such health care as the Secretary determines is needed by the child for the covered birth defects. However, if VA has determined for a particular covered birth defect that § 3.815(a)(2) of this title applies (concerning affirmative evidence of cause other than the mother's service during the Vietnam era), no benefits or assistance will be provided under this section with respect to that particular birth defect.
( c ) *Providers of care.* Health care provided under this section will be provided directly by VA, by contract with an approved health care provider, or by other arrangement with an approved health care provider.
( d ) *Submission of information.* For purposes of §§ 17.900 through 17.905: ( 1 ) The telephone number of the Health Administration Center is (888) 820-1756;
( 2 ) The facsimile number of the Health Administration Center is (303) 331-7807;
( 3 ) The hand-delivery address of the Health Administration Center is 3773 Cherry Creek Drive North, Denver, CO 80246; and
( 4 ) The mailing address of the Health Administration Center for claims submitted pursuant to either paragraph (a) or (b) of this section is P.O. Box 469065, Denver, CO 80246-9065.
(Authority: 38 U.S.C. 101(2), 1802-1803, 1811-1813, 1831)
Note to § 17.901 :
Under this program, beneficiaries with spina bifida will receive comprehensive care through the Department of Veterans Affairs. However, the health care benefits available under this section to children with other covered birth defects are not comprehensive, and VA will furnish them only health care services that are related to their covered birth defects. With respect to covered children suffering from spina bifida, VA is the exclusive payer for services paid under 17.900 through 17.905, regardless of any third party insurer, Medicare, Medicaid, health plan, or any other plan or program providing health care coverage. As to children with other covered birth defects, any third party insurer, Medicare, Medicaid, health plan, or any other plan or program providing health care coverage would be responsible according to its provisions for payment for health care not relating to the covered birth defects.
[68 FR 1010, Jan. 8, 2003, as amended at 76 FR 4249, Jan. 25, 2011]
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 Alpharma Inc. (the "Company") on Form 10-Q/A for the period ending September 30, 2003 as filed with the Securities and Exchange Commission on the date hereof (the "Report"), I, Ingrid Wiik, Chief Executive Officer of the Company, certify, pursuant to 18 U.S.C. 1350, as adopted pursuant to 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 27, 2004







/s/ Ingrid Wiik		
Ingrid Wiik
President and Chief Executive Officer







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 Alpharma Inc. (the "Company") on Form 10-Q/A for the period ending September 30, 2003 as filed with the Securities and Exchange Commission on the date hereof (the "Report"), I, Matthew Farrell, Chief Financial Officer of the Company, certify, pursuant to 18 U.S.C. 1350, as adopted pursuant to 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 27, 2004







/s/ Matthew Farrell		
Matthew Farrell
Executive Vice President and

Chief Financial Officer
#### BARTLETT & KLING v. THE UNITED STATES

Decided January 21, 1925.

[58 C. Cls. 61; 267 U. S. 573]

Judgment was rendered in favor of the United States in the court below. On appeal it was decided:

*Per curiam:*

Judgment affirmed, without prejudice.
I 

110TH CONGRESS 

1ST SESSION H. R. 2602 

To name the Department of Veterans Affairs medical facility in Iron Mountain, Michigan, as the ‘‘Oscar G. Johnson Department of Veterans Affairs Medical Facility’’. 

IN THE HOUSE OF REPRESENTATIVES 

JUNE 6, 2007 

Mr. STUPAK (for himself, Mr. EHLERS, Mr. KNOLLENBERG, Mr. LEVIN, Mr. 

HOEKSTRA, Ms. KILPATRICK, Mr. DINGELL, Mrs. MILLER of Michigan, 

and Mr. WALBERG) introduced the following bill; which was referred to 

the Committee on Veterans’ Affairs 

A BILL 

To name the Department of Veterans Affairs medical facility 

in Iron Mountain, Michigan, as the ‘‘Oscar G. Johnson 

Department of Veterans Affairs Medical Facility’’. 

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

3 SECTION 1. NAME OF DEPARTMENT OF VETERANS AFFAIRS 

4 MEDICAL FACILITY, IRON MOUNTAIN, MICHI5 GAN. 

6 The Department of Veterans Affairs medical facility 

7 in Iron Mountain, Michigan, shall after the date of the 

8 enactment of this Act be known and designated as the 

mstockstill on PROD1PC66 with BILLS

2 

•HR 2602 IH

1 ‘‘Oscar G. Johnson Department of Veterans Affairs Med2 ical Facility’’. Any reference to that medical facility in any 

3 law, regulation, map, document, record, or other paper of 

4 the United States shall be considered to be a reference 

5 to the Oscar G. Johnson Department of Veterans Affairs 

6 Medical Facility. 

Æ 

mstockstill on PROD1PC66 with BILLS
HomeReportsBureau of Economic and Business Affairs2022 Fiscal Transparency Report…Niger

# 					2022 Fiscal Transparency Report: Niger			

 In this section										

                -  Government-by-Government Assessments: Niger 

## Government-by-Government Assessments: Niger

During the review period, the government made its executive budget proposal, enacted budget, and end-of-year report accessible to the public, including online.  Information on debt obligations was publicly available, except for state-owned enterprise debt information.  Budget documents, however, provided an incomplete picture of the government’s planned expenditures and revenue streams, with insufficient detail on allocations to and earnings from state-owned enterprises.  The government published revised budgets when revenues and expenditures deviated from initial projections.  The supreme audit institution met international standards of independence.  It audited the government’s executed budget and made its audit reports publicly available within a reasonable period.  The government specified in law the criteria and procedures for awarding natural resource extraction contracts and licenses but did not always follow those regulations in practice.  Basic information on natural resource extraction awards was publicly available.

Niger’s fiscal transparency would be improved by:

- Ensuring published budget documents include allocations to, earnings from, and debt holdings of major state-owned enterprises; and

Following applicable laws and procedures in practice for awarding contracts and licenses for natural resource extraction.

## View report by:

### On This Page

                    -  Government-by-Government Assessments: Niger 

Tags

Bureau of African AffairsBureau of Economic and Business AffairsDivision for International Finance and DevelopmentNiger

Back to Top

                - White House
                - USA.gov
                - Office of the Inspector General
                - Archives
                - Contact Us

follow us
FacebookXInstagramYouTubeFlickrGovDelivery

              - Privacy Policy
              - Accessibility Statement
              - Copyright Information
              - FOIA
              - No FEAR Act

## U.S. Department *of* State

#### The Lessons of 1989: Freedom and Our Future
#### George C. Broome, Plaintiff, *v.*William H. Cochran, Defendant.

(Supreme Court, Kings Special Term,

June, 1900.)

Execution against the person — Mot issuable in an equitable action by a client to avoid a conveyance procured by his attorney’s fraud — Code C. P., § 549.

An equitable action, by which a client seeks to set aside a conveyance of realty made by him to his attorney as alleged by the latter’s fraud, and enforce an accounting of rents, is not of such a nature (Code O. P-, § 549) as to justify an order of arrest, and, therefore, where no order of arrest has been granted in the action on extrinsic facts, the plaintiff, having succeeded, cannot issue execution against the person of the attorney for moneys found to be due from him.

Motion to set aside an execution against the person of the defendant.

*661Joseph A. Burr for motion.

George S. Ingraham' opposed.

Gaykor, J.:

This was a suit in equity to set aside a conveyance of real estate by the plaintiff to the defendant, on the ground that the defendant while acting as the attorney at law of the plaintiff obtained the same of him at an inadequate value by means of false statements and advice as such attorney; and for an accounting of the rents received by the defendant, and of all credits or deductions he was entitled to, and that judgment should be given for the balance found due to either party. Judgment was obtained against the defendant setting aside the conveyance, and for a balance found against him. An execution against the person can be issued where the plaintiff had from the nature of the action a right to an. order of arrest against the defendant, or in any other case where such an order was granted and executed (Code Civ. Pro., § 1487). The nature of this action did not entitle the plaintiff to an order of arrest (§ 549); and no order of arrest was granted on extrinsic facts. This section allows orders of arrest in actions to recover a fine or penalty, or chattels, or to recover *“*damages ” for specified torts, and in other enumerated common-law actions. It does not seem to embrace suits in equity. If an action for any of the causes specified in it should be brought on the equity side of the court for special reasons giving equity jurisdiction, no doubt the right to arrest would follow the cause of action there. But the present cause of action is not enumerated in the section at all.

The motion is granted with $10 costs.