alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
Exhibit 3.4

                            CERTIFICATE OF AMENDMENT
                                       OF
                            THE AMENDED AND RESTATED
                          CERTIFICATE OF INCORPORATION
                                       OF
                         CALYPTE BIOMEDICAL CORPORATION

         CALYPTE BIOMEDICAL  CORPORATION,  a corporation  organized and existing
under and by virtue of the  General  Corporation  Law of the State of  Delaware,
does hereby certify:

         FIRST:  That  at a  meeting  of  the  Board  of  Directors  of  CALYPTE
BIOMEDICAL  CORPORATION,  resolutions  were duly  adopted by  unanimous  written
consent dated March 28, 2003,  setting forth a proposed amendment of the Amended
and Restated  Certificate of Incorporation of said  corporation,  declaring said
amendment  to be  advisable  and calling a meeting of the  stockholders  of said
corporation for consideration thereof. The resolution setting forth the proposed
amendment is as follows:

         RESOLVED, that the Amended and Restated Certificate of Incorporation of
this  corporation  be amended by  changing  the first  paragraph  of the Article
thereof  numbered  "IV",  so that,  as  amended,  said  paragraph  shall read as
follows:

         "IV:

                  The  corporation  is authorized to issue two classes of shares
of stock to be  designated,  respectively,  Common Stock,  $0.03 par value,  and
Preferred  Stock,  $0.001  par  value.  The  total  number  of  shares  that the
corporation is authorized to issue is 805,000,000  shares.  The number of shares
of Common Stock  authorized  is  800,000,000  and the number of Preferred  Stock
authorized is 5,000,000."

         THIRD:   That said  amendment  was duly adopted in  accordance with the
provisions of Section 242 of the General Corporation Law of the State of
Delaware.

         FOURTH:  That the  capital  of  said  corporation  shall not be reduced
under or by reason of said amendment.

<PAGE>

         FIFTH:   That said amendment shall become effective on May 27, 2003.

         IN WITNESS WHEREOF, said CALYPTE BIOMEDICAL CORPORATION has caused this
certificate to be signed by its Executive Chairman of the Board this 20th day of
May, 2003.

                                                 /s/Anthony J. Cataldo
                                                 -------------------------------
                                                 Anthony J. Cataldo
                                                 Executive Chairman of the Board
§ 235.6 Prohibition on circumvention, evasion, and net compensation. ( a ) *Prohibition of circumvention or evasion.* No person shall circumvent or evade the interchange transaction fee restrictions in §§ 235.3 and 235.4.
( b ) *Prohibition of net compensation.* An issuer may not receive net compensation from a payment card network with respect to electronic debit transactions or debit card-related activities within a calendar year. Net compensation occurs when the total amount of payments or incentives received by an issuer from a payment card network with respect to electronic debit transactions or debit card-related activities, other than interchange transaction fees passed through to the issuer by the network, during a calendar year exceeds the total amount of all fees paid by the issuer to the network with respect to electronic debit transactions or debit card-related activities during that calendar year. Payments and incentives paid by a network to an issuer, and fees paid by an issuer to a network, with respect to electronic debit transactions or debit card related activities are not limited to volume-based or transaction-specific payments, incentives, or fees, but also include other payments, incentives or fees related to an issuer's provision of debit card services.
# C_2004319EN.01006201.xml

| 23.12.2004 | EN | Official Journal of the European Union | C 319/62 |
| --- | --- | --- | --- |

23.12.2004

EN

Official Journal of the European Union

C 319/62

---

EFTA SURVEILLANCE AUTHORITY DECISION

SURVEILLANCE AUTHORITY DECISION

of 9 September 2004

concerning the status of Iceland with regard to the fish diseases viral haemorrhagic septicaemia (VHS) and infectious haematopoietic necrosis (IHN)

(2004/C 319/09)

THE EFTA SURVEILLANCE AUTHORITY,

Having regard to the Agreement on the European Economic Area (hereinafter referred to as the EEA Agreement), in particular Article 109 and Protocol 1 thereof,

Having regard to the Agreement between the EFTA States on the establishment of a Surveillance Authority and a Court Agreement, in particular Article 5(2)(d) and Protocol 1 thereof,

Having regard to the Act referred to at Point 4.1.5 of Chapter I of Annex I to the EEA Agreement, Council Directive 91/67/EEC of 28 January 1991 concerning the animal health conditions governing the placing on the market of aquaculture animals and products, as adapted by way of Protocol 1 to the EEA Agreement and in particular Article 5 of the Act,

Having regard to the EFTA Surveillance Authority Decision No 196/04/COL of 14 July 2004 empowering the Member with special responsibility for the free movement of goods to take certain decisions and measures, and in particular Point 1 thereof,

| | |
| --- | --- |

HAS ADOPTED THIS DECISION:

| | |
| --- | --- |

| | |
| --- | --- |

| | |
| --- | --- |

| | |
| --- | --- |

| | |
| --- | --- |

| | |
| --- | --- |

| | |
| --- | --- |

| 1. | The parts of Iceland referred to in the Annex are recognised as approved continental zone and as approved coastal zone for fish with regard to the fish diseases viral haemorrhagic septicaemia (VHS) and infectious haematopoietic necrosis (IHN). |
| --- | --- |

1.

The parts of Iceland referred to in the Annex are recognised as approved continental zone and as approved coastal zone for fish with regard to the fish diseases viral haemorrhagic septicaemia (VHS) and infectious haematopoietic necrosis (IHN).

| 2. | This Decision shall enter into force on 15 September 2004. |
| --- | --- |

2.

This Decision shall enter into force on 15 September 2004.

| 3. | This Decision is addressed to Iceland. |
| --- | --- |

3.

This Decision is addressed to Iceland.

| 4. | This Decision shall be authentic in the English language. |
| --- | --- |

4.

This Decision shall be authentic in the English language.

Done at Brussels, 9 September 2004.

For the EFTA Surveillance Authority

Bernd HAMMERMANN

College Member

Niels FENGER

Director

---

ANNEX

Zones approved with regard to one or both of the fish diseases IHN and VHS

IHN

The whole continental and coastal area of Iceland

VHS

The whole continental and coastal area of Iceland

---
§ 218.741 Exemption for banks effecting transactions in money market funds. ( a ) A bank is exempt from the definition of the term “broker” under section 3(a)(4) of the Act (15 U.S.C. 78c(a)(4)) to the extent that it effects transactions on behalf of a customer in securities issued by a money market fund, provided that: ( 1 ) The bank either ( i ) Provides the customer, directly or indirectly, any other product or service, the provision of which would not, in and of itself, require the bank to register as a broker or dealer under section 15(a) of the Act (15 U.S.C. 78o(a)); or
( ii ) Effects the transactions on behalf of another bank as part of a program for the investment or reinvestment of deposit funds of, or collected by, the other bank; and
( 2 ) ( i ) The class or series of securities is no-load; or
( ii ) If the class or series of securities is not no-load ( A ) The bank or, if applicable, the other bank described in paragraph (a)(1)(B) of this section provides the customer, not later than at the time the customer authorizes the securities transactions, a prospectus for the securities; and
( B ) The bank and, if applicable, the other bank described in paragraph (a)(1)(B) of this section do not characterize or refer to the class or series of securities as no-load.
( b ) *Definitions.* For purposes of this section: ( 1 ) *Money market fund* has the same meaning as in § 218.740(b).
( 2 ) *No-load* has the same meaning as in § 218.740(c).
[Reg. R, 72 FR 56554, Oct. 3, 2007, as amended at 3 FR 20780, Apr. 17, 2008]
II 

108TH CONGRESS 

1ST SESSION H. R. 2859

IN THE SENATE OF THE UNITED STATES 

JULY 28 (legislative day, JULY 21), 2003

Received 

AN ACT

Making emergency supplemental appropriations for the fiscal 

year ending September 30, 2003.

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

3 That the following sums are appropriated, out of any
2

HR 2859 RDS 

1 money in the Treasury not otherwise appropriated, for the 

2 fiscal year ending September 30, 2003, namely: 

3 DEPARTMENT OF HOMELAND SECURITY 

4 EMERGENCY PREPAREDNESS AND RESPONSE 

5 DISASTER RELIEF

6 For an additional amount for ‘‘Disaster Relief’’ for 

7 necessary expenses in carrying out the functions of the 

8 Robert T. Stafford Disaster Relief and Emergency Assist9 ance Act (42 U.S.C. 5121 et seq.), $983,600,000, to re10 main available until expended: Provided, That this amount 

11 is designated by the Congress as an emergency require12 ment pursuant to section 502 of H. Con. Res. 95 (108th 

13 Congress), the concurrent resolution on the budget for fis14 cal year 2004. 

15 This Act may be cited as the ‘‘Emergency Supple16 mental Appropriations for Disaster Relief Act, 2003’’.

Passed the House of Representatives July 25, 2003. 

Attest: JEFF TRANDAHL, 

Clerk. 

By DAN STRODEL, 

Assistant to the Clerk.
#### § 6.8 Selection, revocation and election.

The insured under a United States Government Life Insurance policy may, upon written notice, select an optional settlement. Such optional settlement may be revoked by written notice. If the insured does not select one of the optional settlements, as set out under the provisions of the policy, the insurance shall be payable in 240 monthly installments unless the beneficiary elects in writing a different option.

[61 FR 29025, June 7, 1996]
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 Annual Report of Thomas Group, Inc. (the "Company") on Form 10-K for the period ending December 31, 2003
as filed with the Securities and Exchange Commission on the date hereof (the "Report"), I, James T. Taylor, President and Chief Executive Officer of the Company, certifies that:



/s/JAMES T. TAYLOR

---

James T. Taylor
President and Chief Executive Officer

March 30,
2004

A
signed original of this written statement required by Section 906 has been provided to the Company and will be retained by the Company and furnished to the Securities and
Exchange Commission or its staff upon request.

---

QuickLinks
#### § 168.4 Report.

The security officer for each Federal savings association shall report at least annually to the association's board of directors on the implementation, administration, and effectiveness of the security program.
<TABLE> <S> <C>

<PAGE>

<ARTICLE> 5
<MULTIPLIER> 1,000
       
<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                          OCT-31-1996
<PERIOD-START>                             NOV-01-1995
<PERIOD-END>                               JAN-31-1996
<CASH>                                          10,519
<SECURITIES>                                         0
<RECEIVABLES>                                    9,575
<ALLOWANCES>                                         0
<INVENTORY>                                          0
<CURRENT-ASSETS>                                20,984
<PP&E>                                           2,586
<DEPRECIATION>                                       0
<TOTAL-ASSETS>                                  28,842
<CURRENT-LIABILITIES>                           11,261
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                        16,190
<OTHER-SE>                                           0
<TOTAL-LIABILITY-AND-EQUITY>                    28,842
<SALES>                                          9,159
<TOTAL-REVENUES>                                 9,159
<CGS>                                            1,937
<TOTAL-COSTS>                                    1,937
<OTHER-EXPENSES>                                 6,898
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                   0
<INCOME-PRETAX>                                    470
<INCOME-TAX>                                       248
<INCOME-CONTINUING>                                324
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                       222
<EPS-PRIMARY>                                     0.03
<EPS-DILUTED>                                        0
        

</TABLE>
##### 



Exhibit 8.1 List of Significant Subsidiaries: Percentage ofName
    
    ownership
    
    Registered office
    
    ActivitySpagnesi SpA
    
    
    99.95
    
    
    Quarrata, Italy
    
    
    (1
    )Italsofa Bahia Ltda
    
    
    97.99
    
    
    Bahia, Brazil
    
    
    (1
    )Italsofa (Shanghai) Ltd
    
    
    100.00
    
    
    Shanghai, China
    
    
    (1
    )Italsofa Romania Srl
    
    
    100.00
    
    
    Baia Mare, Romania
    
    
    (1
    )Minuano Nordeste S.A.
    
    
    100.00
    
    
    Pojuca, Brazil
    
    
    (1
    )Natco SpA
    
    
    99.99
    
    
    Santeramo in Colle, Italy
    
    
    (2
    )I.M.P.E. SpA
    
    
    90.83
    
    
    Qualiano, Italy
    
    
    (3
    )Natuzzi Americas, Inc
    
    
    100.00
    
    
    High Point, NC, U.S.A.
    
    
    (4
    )Natuzzi Asia Ltd
    
    
    100.00
    
    
    Hong Kong, China
    
    
    (4
    )Natuzzi Ibérica S.A.
    
    
    100.00
    
    
    Madrid, Spain
    
    
    (4
    )Natuzzi (Switzerland) AG
    
    
    97.00
    
    
    Dietikon, Switzerland
    
    
    (4
    )Natuzzi Nordic A/S
    
    
    100.00
    
    
    Copenhagen, Denmark
    
    
    (5
    )Natuzzi Benelux NV
    
    
    100.00
    
    
    Herentals, Belgium
    
    
    (5
    )Natuzzi Germany GmbH
    
    
    100.00
    
    
    Düsseldorf, Germany
    
    
    (5
    )Natuzzi United Kingdom Ltd
    
    
    100.00
    
    
    West Thurrock, U.K.
    
    
    (6
    )Esmeralda Holdings Ltd
    
    
    100.00
    
    
    West Thurrock, U.K.
    
    
    (4
    )Kingdom of Leather Ltd
    
    
    100.00
    
    
    West Thurrock, U.K.
    
    
    (4
    )Natuzzi Trade Service Srl
    
    
    100.00
    
    
    Bari, Italy
    
    
    (7
    )Natuzzi
Netherlands Holding BV
    
    
    100.00
    
    
    Amsterdam, Netherlands
    
    
    (6
    )
   (1)
    
    Manufacture and distribution(2)
    
    Intragroup leather dyeing and finishing(3)
    
    Production and distribution of polyurethane foam(4)
    
    Distribution(5)
    
    Commercial and marketing services(6)
    
    Investment holding(7)
    
    Services
Test Data for Alcoa-Intalco, Ferndale, WA

(5 files)
<TABLE> <S> <C>

<PAGE>
<ARTICLE> 5
<MULTIPLIER> 1,000

<S>                             <C>
<PERIOD-TYPE>                   YEAR
<FISCAL-YEAR-END>                          DEC-31-1999
<PERIOD-START>                             JAN-01-1999
<PERIOD-END>                               DEC-31-1999
<CASH>                                           9,698
<SECURITIES>                                         0
<RECEIVABLES>                                   12,227
<ALLOWANCES>                                       546
<INVENTORY>                                          0
<CURRENT-ASSETS>                                25,948
<PP&E>                                          11,223
<DEPRECIATION>                                   8,793
<TOTAL-ASSETS>                                  32,865
<CURRENT-LIABILITIES>                            6,589
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                            66
<OTHER-SE>                                      22,788
<TOTAL-LIABILITY-AND-EQUITY>                    32,865
<SALES>                                         63,806
<TOTAL-REVENUES>                                63,806
<CGS>                                           35,598
<TOTAL-COSTS>                                   35,598
<OTHER-EXPENSES>                                18,513
<LOSS-PROVISION>                                   149
<INTEREST-EXPENSE>                                 171
<INCOME-PRETAX>                                  9,909
<INCOME-TAX>                                     3,765
<INCOME-CONTINUING>                              6,144
<DISCONTINUED>                                   2,330
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                     3,814
<EPS-BASIC>                                        .78
<EPS-DILUTED>                                      .78


</TABLE>
I 

108TH CONGRESS 

1ST SESSION H. R. 3003

To amend title 11, United States Code, to establish a priority for the payment 

of claims for duties paid to the United States by licensed customs 

brokers and sureties on behalf of a debtor. 

IN THE HOUSE OF REPRESENTATIVES 

SEPTEMBER 4, 2003

Mr. BROWN of South Carolina (for himself, Mr. KINGSTON, Mr. SPRATT, and 

Mr. WILSON of South Carolina) introduced the following bill; which was 

referred to the Committee on the Judiciary 

A BILL

To amend title 11, United States Code, to establish a priority 

for the payment of claims for duties paid to the United 

States by licensed customs brokers and sureties on behalf 

of a debtor.

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 ‘‘Customs Business 

5 Fairness Act of 2003’’. 

6 SEC. 2. AMENDMENT. 

7 Section 507(a) of title 11, United States Code, is 

8 amended by adding at the end the following: 
2

•HR 3003 IH 

1 ‘‘(10) Tenth, allowed unsecured claims of cus2 toms brokers (as defined in section 641 of the Tariff 

3 Act of 1930) and sureties (as provided in section 

4 623 of the Tariff Act of 1930) for duties, taxes, or 

5 other charges paid to the United States Customs 

6 Service on behalf of the debtor arising out of the im7 portation of merchandise entered for consumption 

8 within one year before the date of the filing of the 

9 petition.’’. 

10 SEC. 3. EFFECTIVE DATE; APPLICATION OF AMENDMENT. 

11 (a) EFFECTIVE DATE.—Except as provided in sub12 section (b), this Act and the amendment made by this Act 

13 shall take effect on the date of the enactment of this Act. 

14 (b) APPLICATION OF AMENDMENT.—The amendment 

15 made by this Act shall apply only with respect to cases 

16 commenced under title 11, United States Code, on or after 

17 the date of the enactment of this Act.

Æ
IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

No. 16-50282

Conference Calendar

UNITED STATES OF AMERICA,

Plaintiff-Appellee

v.

ROMELIA MENDOZA,

Defendant-Appellant

Appeal from the United States District Court

for the Western District of Texas

USDC No. 2:11-CR-763-5

Before HIGGINBOTHAM, JONES, and HIGGINSON, Circuit Judges.

PER CURIAM:*

The Federal Public Defender appointed to represent Romelia Mendoza

has moved for leave to withdraw and has filed a brief in accordance with 

Anders v. California, 386 U.S. 738 (1967), and United States v. Flores, 632 F.3d 

229 (5th Cir. 2011). Mendoza has not filed a response. We have reviewed 

counsel’s brief and the relevant portions of the record reflected therein. We 

concur with counsel’s assessment that the appeal presents no nonfrivolous 

 

* Pursuant to 5TH CIR. 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 5TH 

CIR. R. 47.5.4.

United States Court of Appeals

Fifth Circuit

FILED

October 18, 2016

Lyle W. Cayce

Clerk

 Case: 16-50282 Document: 00513722566 Page: 1 Date Filed: 10/18/2016
No. 16-50282

2

issue for appellate review. Accordingly, counsel’s motion for leave to withdraw 

is GRANTED, counsel is excused from further responsibilities herein, and the 

APPEAL IS DISMISSED. See 5TH CIR. R. 42.2.

 Case: 16-50282 Document: 00513722566 Page: 2 Date Filed: 10/18/2016
§ 150.350 May I lend, sell, or transfer assets of a fiduciary account if I have an interest in the transaction? ( a ) *General restriction.* Except as provided in paragraph (b) of this section, you may not lend, sell, or otherwise transfer assets of a fiduciary account for which you have investment discretion to yourself or any of your directors, officers, or employees; to your affiliates or any of their directors, officers, or employees; or to other individuals or organizations with whom you have an interest that might affect the exercise of your best judgment.
( b ) *Exceptions* — ( 1 ) *Funds for which you have investment discretion.* You may lend, sell or otherwise transfer assets of a fiduciary account for which you have investment discretion to yourself or any of your directors, officers, or employees; to your affiliates or any of their directors, officers, or employees; or to other individuals or organizations with whom you have an interest that might affect the exercise of your best judgment, if you meet one of the following conditions: ( i ) The transaction is authorized by applicable law.
( ii ) Legal counsel advises you in writing that you have incurred, in your fiduciary capacity, a contingent or potential liability. Upon the sale or transfer of assets, you must reimburse the fiduciary account in cash in an amount equal to the greater of book or market value of the assets.
( iii ) The transaction is permitted under 12 CFR 9.18(b)(8)(iii) for defaulted fixed-income investments.
( iv ) The OCC requires you to do so.
( 2 ) *Funds held as trustee.* You may make loans of funds held in trust to any of your directors, officers, or employees if the funds are held in an employee benefit plan and the loan is made in accordance with the exemptions found at section 408 of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1108).
EXHIBIT 32.2

CERTIFICATION OF CHIEF FINANCIAL OFFICER PURSUANT TO 18 U.S.C. SECTION 1350, AS

ADOPTED PURSUANT TO SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

I, Anita Britt, certify, pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of
2002, that the Annual Report of Perry Ellis International, Inc. on Form 10-K for the fiscal year ended January 30, 2010, fully complies with the requirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m
or 78o(d))and that information contained in such Annual Report on Form 10-K fairly presents, in all material respects, the financial condition and results of operations of Perry Ellis International, Inc.

April 13, 2010



|       |  |                                                      
|------ |  | -----------------------------------------------------
|By:    |  | /s/ Anita Britt                                      
|Name:  |  | Anita Britt                                          
|Title: |  | Chief Financial Officer
(Principal Financial Officer)