alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
42706.

#### WILLIAM L. THOMAS COMPANY et al. v. v. KRETSOS et al.

Argued April 3, 1967

Decided April 13, 1967.

*J. Richmond Garland, M. T. Hartman, III,*for appellants.

*Arnold Shulman, Robert C. Boozer,*for appellees.

Felton, Chief Judge.

The court did not err in directing a verdict for the defendants and in entering a judgment thereon against the plaintiff for the costs. (1) The evidence showed that the defendants did not agree among themselves upon what basis a sale would be made. One of the defendants owned 50% of the stock in Round Table Restaurants, Inc., one owned 33 1/3% and the other 16 2/3%. No decision was made as to whether the defendants would sell their stock, whether the corporation would sell the assets or whether the stockholders would sell their respective shares in the assets. (2) The evidence showed that Round Table Restaurants, Inc., had a lease on the property on which the restaurant did business, not transferable *551without the consent of the landlord and that the purchasers required a new lease on the property before they would purchase the stock or assets to be sold. There was no new lease acquired or arranged for. (3) Round Table Restaurants, Inc., owed a bank a note for about $200,000 which the defendants personally indorsed and one condition of a sale was that the purchasers would assume this debt and procure the releases from the obligations of the individual sellers. No agreement for such release was ever agreed on by the bank as it was dependent upon the financial statements of the two proposed purchasers, which were never furnished to the bank. From what is stated above it appears that the terms of sale were uncertain as to the exact property to be sold and whether the individual defendants or the corporation were to be the sellers. It also appears that one of the conditions made by the prospective purchasers was not met, that of a new lease on the restaurant premises. It further appears that one of the conditions of the prospective sellers was not met, that of their individual releases from their obligations to pay the note of the corporation to the bank. In view of the above facts, no valid sale of the stock or assets could be consummated, because the conditions of the sale made by the sellers and purchasers were not fulfilled. It follows that the defendants could not be obligated to pay a commission on a sale lacking in the essentials necessary for a contract which would have effectuated the intention and agreements of the parties. The court correctly directed a verdict for the defendants and entered judgment against the plaintiff. *Code*§ 4-213.

*Judgment affirmed.*

*Hall and Eberhardt, JJ., concur.*
#### § 313.182 Purpose.

The purpose of this subpart is to implement Federal statutes and regulatory standards authorizing the FDIC to collect delinquent civil money penalties.
# C_2015331EN.01000501.xml

| 8.10.2015 | EN | Official Journal of the European Union | C 331/5 |
| --- | --- | --- | --- |

8.10.2015

EN

Official Journal of the European Union

C 331/5

---

State aid — Decision to raise no objections

(2015/C 331/06)

The EFTA Surveillance Authority raises no objections to the following state aid measure:

| Date of adoption of the decision | : | 10 June 2015 |
| --- | --- | --- |
| Case number | : | 77232 |
| Decision No | : | 225/15/COL |
| EFTA State | : | Norway |
| Region | : | Oslo |
| Title (and/or name of the beneficiary) | : | Transfer of land to Vålerenga Fotball |
| Legal basis | : | Oslo City Council decisions of 14 May 2008 and 3 September 2014, option agreement of 24 September 2014 |
| Type of measure | : | Transfer of land |
| Objective | : | Sport infrastructure |
| Form of aid | : | Grant |
| Budget | : | NOK 302,1 million (EUR 24,3 million) |
| Intensity | : | 36 % |
| Economic sectors | : | R93.1.1 - Operation of sports facilities
  R93.1.2 - Activities of sport clubs |
| Name and address of the granting authority | : | City of Oslo |
| Postboks 491 Sentrum |
| N-0105 Oslo |
| NORWAY |

Date of adoption of the decision

Date of adoption of the decision

:

10 June 2015

Case number

Case number

:

77232

Decision No

Decision No

:

225/15/COL

EFTA State

EFTA State

:

Norway

Region

Region

:

Oslo

Title (and/or name of the beneficiary)

Title (and/or name of the beneficiary)

:

Transfer of land to Vålerenga Fotball

Legal basis

Legal basis

:

Oslo City Council decisions of 14 May 2008 and 3 September 2014, option agreement of 24 September 2014

Type of measure

Type of measure

:

Transfer of land

Objective

Objective

:

Sport infrastructure

Form of aid

Form of aid

:

Grant

Budget

Budget

:

NOK 302,1 million (EUR 24,3 million)

Intensity

Intensity

:

36 %

Economic sectors

Economic sectors

:

R93.1.1 - Operation of sports facilities

R93.1.2 - Activities of sport clubs

Name and address of the granting authority

Name and address of the granting authority

:

City of Oslo

Postboks 491 Sentrum

N-0105 Oslo

NORWAY

Other information

Other information

:

Additional NOK 20 million (EUR 2,4 million) of existing aid granted from the lottery funds (Norsk Tipping)

The authentic text of the decision, from which all confidential information has been removed, can be found on the EFTA Surveillance Authority’s website:

http://www.eftasurv.int/state-aid/state-aid-register/

---
**Exhibit 32****Certification of Chief Executive Officer and Chief Financial Officer****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 filing with the Securities and Exchange Commission of the Quarterly Reportof Meridian Bioscience, Inc. (the “Company”) on Form 10-Q for the period ended June 30, 2007 (the“Report”), the undersigned officers of the Company, certify, pursuant to 18 U.S.C. Section 1350, asadopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that to the best of theirknowledge: 1. The Report fully complies with the requirements of Section 13(a) or15(d) of the Securities Act of 1934; and 2. The information contained in the Report fairly presents, in allmaterial respects, the financial condition and results of operations of theCompany.   /s/ William J. Motto   William J. Motto  Chairman of the Board and  Chief Executive Officer  August 7, 2007     /s/ Melissa Lueke   Melissa Lueke  Vice President and  Chief Financial Officer  August 7, 2007
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 Theragenics Corporation®, (the
Company) on Form 10-Q for the period ended July 4, 2004 as filed with the
Securities and Exchange Commission on the date hereof (the Report), I, James
A. MacLennan, Treasurer and Chief Financial Officer, certify pursuant to 18 U.S.C. Section
1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that:

|(1) |  | The Report fully complies with the requirements of  Section 13(a) or 15(d) of the
          Securities Exchange Act of 1934; and
|--- |  | --------------------------------------------------------------------------------------------------------------------------------

|(2) |  | The information contained in the Report
          fairly presents, in all material respects, the financial condition and results of operations of the Company as of the dates and for the periods referred to in the Report.
|--- |  | ----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------

By: /s/ James A. MacLennan James A. MacLennanTreasurer and Chief Financial OfficerJuly 30, 2004

A signed original of this written
statement required by Section 906 has been provided to Theragenics Corporation® and
will be retained by Theragenics Corporation® and furnished to the Securities and
Exchange Commission or its staff upon request.
§ 25.18 Outside retail lending areas. ( a ) *In general* — ( 1 ) *Large banks or savings associations.* The appropriate Federal banking agency evaluates a large bank's or savings association's record of helping to meet the credit needs of its entire community in its outside retail lending area pursuant to § 25.22. However, the appropriate Federal banking agency will not evaluate a large bank or savings association in its outside retail lending area if it did not originate or purchase loans in any product lines in the outside retail lending area during the evaluation period.
( 2 ) *Intermediate or small banks or savings associations.* The appropriate Federal banking agency evaluates the record of an intermediate bank or savings association, or a small bank or savings association that opts to be evaluated under the Retail Lending Test, of helping to meet the credit needs of its entire community in its outside retail lending area pursuant to § 25.22, for a particular calendar year, if: ( i ) The bank or savings association opts to have its major product lines evaluated in its outside retail lending area; or
( ii ) In the prior two calendar years, the bank or savings association originated or purchased outside the bank's or savings association's facility-based assessment areas more than 50 percent of the bank's or savings association's home mortgage loans, multifamily loans, small business loans, small farm loans, and automobile loans if automobile loans are a product line for the bank or savings association, as described in paragraph II.a.2 of appendix A to this part.
( b ) *Geographic requirements of outside retail lending areas* — ( 1 ) *In general.* A bank's or savings association's outside retail lending area consists of the nationwide area, excluding: ( i ) The bank's or savings association's facility-based assessment areas and retail lending assessment areas; and
( ii ) Any county in a nonmetropolitan area in which the bank or savings association did not originate or purchase any closed-end home mortgage loans, small business loans, small farm loans, or automobile loans if automobile loans are a product line for the bank or savings association.
( 2 ) *Component geographic area.* The outside retail lending area is comprised of component geographic areas. A component geographic area is any MSA or the nonmetropolitan area of any State, or portion thereof, included within the outside retail lending area.
NEW JERSEY DEPARTMENT OF TRANSPORTATION

LIMIT USE OF LAWN & GARDEN EQUIPMENT, STATEWIDE

RACM Analysis

Control Measure:

Limit the use of lawn and garden equipment

Description:

Create an incentive (perhaps, a form of exchange program) to encourage residential lawnmower 

users to switch to electric mowers.

Documentation:

 Department of Energy, Energy Information Administration (EIA), Retail Gasoline Prices:

http://www.eia.doe.gov/oil_gas/petroleum/data_publications/wrgp/mogas_home_page.html

Methodology:

The NONROAD 2005 model was used to estimate 2009 VOC, NOx, PM2.5 and SO2 emissions. 

Both daily and annual emissions were modeled. This measure was assumed to result in a 1% 

reduction of each pollutant. VOC benefits were only taken from the current exhaust emission 

totals, this control measure was assumed to have no impact on diurnal, crankcase, displacement 

or spillage emissions. The NONROAD model was used to estimate the gallons of gasoline used 

on a daily and annual basis for lawnmower use. The NONROAD model assumes residential 

diesel mowers will not be in use in 2009.

Inputs/Assumptions:

 The percent reduction resulting from the implementation of restrictions on use are 

assumed to only have an impact on exhaust emissions.

 It is assumed that the restrictions would result in approximately a 1% reduction in use as 

the restrictions would be both costly and difficult to police.

 Cost benefits were calculated based on fuel consumption estimates generated using 

NONROAD 2005.

 Cost estimates to not include costs of enforcing the regulations.

 Gasoline cost = $2.40/gallon.

NONROAD inputs:

NY-NJ-CT PA-NJ-DE PA-NJ-MD-DE

Inputs Annual Sum. Day Annual Sum. Day

Min 19.1 66.8 24.2 65.1

Max 83.9 82.9 85.3 78.1

Avg. 51.0 75.0 54.4 75.0

RVP 15.0 15.0 15.0 15.0

O2 Weight 2.1 2.1 2.1 2.1

Gas Sulfur 0.0030 0.0030 0.0030 0.0030

Diesel Sulfur 0.0015 0.0015 0.0015 0.0015

Stage II 0.0 0.0 0.0 0.0
NEW JERSEY DEPARTMENT OF TRANSPORTATION

LIMIT USE OF LAWN & GARDEN EQUIPMENT, STATEWIDE

RACM Analysis

Results:

Ozone Analysis – Daily Benefits (tpd) in New Jersey:

Benefits 

(Reductions)

Ozone Non-Attainment Area

NY-NJ-CT PA-NJ-MD-DE

VOC (Tons/Day) 0.05 0.03

NOx (Tons/Day) 0.01 0.004

PM2.5 Analysis – Annual Benefits (tpy) in New Jersey:

Benefits 

(Reductions)

PM2.5 Non-Attainment Area

NY-NJ-CT PA-NJ-DE

NOx (Tons/Year) 1.28 0.26

PM2.5 (Tons/Year) 0.06 0.01

SO2 (Tons/Year) 0.006 0.001

Cost Benefit Results:

Nonattainment Area

Ozone ($/tpd)

VOC NOx

NY-NJ-CT $(11,343) $ (84,461)

PA-NJ-MD-DE $(11,343) $ (84,464)

Statewide $(11,343) $ (84,462)

Nonattainment Area

PM2.5 ($/tpy)

NOx PM2.5 SO2

NY-NJ-CT $(68,185) $ (1,382,401) $ (14,587,642)

PA-NJ-DE $(70,284) $ (1,382,401) $ (14,587,642)

Statewide $(68,541) $ (1,382,401) $ (14,587,642)

* Parentheses denote a cost savings.
§ 238.51 Prohibited activities. ( a ) *Evasion of law or regulation.* No savings and loan holding company or subsidiary thereof which is not a savings association shall, for or on behalf of a subsidiary savings association, engage in any activity or render any services for the purpose or with the effect of evading any law or regulation applicable to such savings association.
( b ) *Unrelated business activity.* No savings and loan holding company or subsidiary thereof that is not a savings association shall commence any business activity at any time, or continue any business activity after the end of the two-year period beginning on the date on which such company received approval to become a savings and loan holding company that is subject to the limitations of this paragraph (b), except (in either case) the following: ( 1 ) Furnishing or performing management services for a savings association subsidiary of such company;
( 2 ) Conducting an insurance agency or an escrow business;
( 3 ) Holding, managing, or liquidating assets owned by or acquired from a subsidiary savings association of such company;
( 4 ) Holding or managing properties used or occupied by a subsidiary savings association of such company;
( 5 ) Acting as trustee under deed of trust;
( 6 ) Any other activity: ( i ) That the Board of Governors of the Federal Reserve System has permitted for bank holding companies pursuant to regulations promulgated under section 4(c) of the Bank Holding Company Act; or
( ii ) Is set forth in § 238.53, subject to the limitations therein; or
( 7 ) ( i ) In the case of a savings and loan holding company, purchasing, holding, or disposing of stock acquired in connection with a qualified stock issuance if prior approval for the acquisition of such stock by such savings and loan holding company is granted by the Board pursuant to § 238.41.
( ii ) Notwithstanding the provisions of this paragraph (b), any savings and loan holding company that, between March 5, 1987 and August 10, 1987, received approval pursuant to 12 U.S.C. 1730a(e), as then in effect, to acquire control of a savings association shall not continue any business activity other than those activities set forth in this paragraph (b) after August 10, 1987.
( c ) *Treatment of certain holding companies.* If a director or officer of a savings and loan holding company, or an individual who owns, controls, or holds with the power to vote (or proxies representing) more than 25 percent of the voting shares of a savings and loan holding company, directly or indirectly controls more than one savings association, any savings and loan holding company controlled by such individual shall be subject to the activities limitations contained in paragraph (b) of this section, to the same extent such limitations apply to multiple savings and loan holding companies pursuant to §§ 238.51, 238.52, 238.53, and 238.54.
§ 22.6 Required use of standard flood hazard determination form. ( a ) *Use of form.* A national bank or Federal savings association shall use the standard flood hazard determination form developed by the Administrator of FEMA when determining whether the building or mobile home offered as collateral security for a loan is or will be located in a special flood hazard area in which flood insurance is available under the Act. The standard flood hazard determination form may be used in a printed, computerized, or electronic manner. A national bank or Federal savings association may obtain the standard flood hazard determination form from FEMA's Web site at *www.fema.gov .*
( b ) *Retention of form.* A national bank or Federal savings association shall retain a copy of the completed standard flood hazard determination form, in either hard copy or electronic form, for the period of time the bank or savings association owns the loan.
§ 32.1 Authority, purpose and scope. ( a ) *Authority.* This part is issued pursuant to 12 U.S.C. 1 *et seq.,* 12 U.S.C. 84, 93a, 1462a, 1463, 1464(u), and 5412(b)(2)(B).
( b ) *Purpose.* The purpose of this part is to protect the safety and soundness of national banks and savings associations by preventing excessive loans to one person, or to related persons that are financially dependent, and to promote diversification of loans and equitable access to banking services.
( c ) *Scope.* ( 1 ) Except as provided by paragraphs (c) and (d) of this section, this part applies to all loans and extensions of credit made by national banks and their domestic operating subsidiaries and to all loans and extensions of credit made by savings associations, their operating subsidiaries, and their service corporations that are consolidated under Generally Accepted Accounting Principles (GAAP). For purposes of this part, the term “savings association” includes Federal savings associations and state savings associations, as those terms are defined in 12 U.S.C. 1813(b).
( 2 ) This part does not apply to loans or extensions of credit made to the bank's or savings association's: ( i ) Affiliates, as that term is defined in 12 U.S.C. 371c(b)(1) and (e), as implemented by 12 CFR 223.2(a) (Regulation W);
( ii ) Operating subsidiaries;
( iii ) Edge Act or Agreement Corporation subsidiaries; or
( iv ) Any other subsidiary consolidated with the bank or savings association under GAAP.
( 3 ) The lending limits in this part are separate and independent from the investment limits prescribed by 12 U.S.C. 24 (Seventh) or 12 U.S.C. 1464(c), as applicable, and 12 CFR Part 1 and 12 CFR 160.30, and a national bank or savings association may make loans or extensions of credit to one borrower up to the full amount permitted by this part and also hold eligible securities of the same obligor up to the full amount permitted under 12 U.S.C. 24 (Seventh) or 12 U.S.C. 1464(c), as applicable, and 12 CFR part 1 and 12 CFR 160.30.
( 4 ) Loans and extensions of credit to executive officers, directors and principal shareholders of national banks, savings associations, and their related interests are subject to limits prescribed by 12 U.S.C. 375a and 375b in addition to the lending limits established by 12 U.S.C. 84 or 12 U.S.C. 1464(u) as applicable, and this part.
( 5 ) In addition to the foregoing, loans and extensions of credit must be consistent with safe and sound banking practices.
( d ) *Temporary exception.* The requirements of this part shall not apply to the credit exposure arising from a derivative transaction or securities financing transaction until October 1, 2013.
[60 FR 8532, Feb. 15, 1995, as amended at 73 FR 22251, Apr. 24, 2008; 77 FR 37275, June 21, 2012; 77 FR 76842, Dec. 31, 2012; 78 FR 37943, June 25, 2013]
#### § 313.91 Finality of agency action.

Unless the FDIC on its own initiative orders review of a decision by a hearing official pursuant to 17 CFR 201.431(c), a decision by a hearing official shall become the final decision of the FDIC for the purpose of judicial review under the Administrative Procedure Act.
Special Term —

Spencer, J. presiding.

#### SMEAD et al. *vs.*CHRISFIELD & PEALE.

After seftice in attachment, the Court will not allow the petition to be amended by setting up a new cause of action. ■

Spencer, J.

This is a motion to dismiss amended petition, and involved a similar principle as the next case. An attachment had been issued upon a claim to recover upon three promissory notes. After service of the attachment, an amended petition was filed, setting up a new cause of action/ The petition ought not to stand. Such a practice would enable a party to keep an attachment alive, and add to the claims upon which it was issued new causes of action from time to time, to the serious detriment of substantial fights and intervening claims.

Amended petition dismissed.
Prepared by MERRILL CORPORATION







  




45 Fremont Street, 12th Floor

San Francisco, CA 94105

Tel: 415 738-4100

Fax: 415 738-4141

www.digitalisland.net 






May
21, 2001 


Dear Stockholder: 


    We
are pleased to inform you that, on May 14, 2001, Digital Island entered into an Agreement and Plan of Merger with Cable and Wireless, plc, a public limited company organized under
the laws of England, and Dali Acquisition Corp., a Delaware corporation and wholly owned subsidiary of Cable and Wireless, providing for the acquisition of Digital Island. Dali Acquisition Corp. has
commenced a tender offer under the agreement to purchase all of the outstanding shares of Digital Island's common stock for $3.40 per share, net to the seller, in cash. The tender offer is conditioned
upon, among other things, at least a majority of Digital Island's shares being tendered and not withdrawn and the receipt of required regulatory approvals. The tender offer will be followed by a
merger in which each share of Digital Island's common stock not purchased in the tender offer will be converted into the right to receive $3.40 per share in cash. 


    YOUR
BOARD OF DIRECTORS HAS UNANIMOUSLY (1) DETERMINED THAT EACH OF THE MERGER AGREEMENT, THE OFFER AND MERGER ARE ADVISABLE, AND IN THE BEST INTERESTS OF DIGITAL ISLAND AND
ITS STOCKHOLDERS, (2) DULY APPROVED THE MERGER AGREEMENT AND THE TRANSACTIONS CONTEMPLATED THEREBY, AND (3) RECOMMENDED THAT DIGITAL ISLAND'S STOCKHOLDERS ACCEPT THE OFFER AND TENDER
THEIR SHARES OF DIGITAL ISLAND COMMON STOCK PURSUANT TO THE OFFER. 


    In
arriving at its recommendation, the Board of Directors considered a number of factors, as described in the attached Schedule 14D-9, including the opinion of the Company's
financial advisor, Credit Suisse First Boston Corporation, that, based upon and subject to the assumptions and limitations described in the opinion, the cash consideration to be received by the
holders of shares of our common stock, pursuant to the tender offer and the merger, is fair from a financial point of view to such holders. A copy of such opinion setting forth the assumptions made,
procedures followed, matters considered and
limits on the review undertaken by Credit Suisse First Boston in rendering its opinion, can be found in Annex A to the Schedule 14D-9. You should read the opinion carefully and in its
entirety. 


    Also
enclosed are the Offer to Purchase by Dali Acquisition Corp., dated May 21, 2001, and Letter of Transmittal and related documents. These documents set forth the terms and
conditions of the tender offer. The Schedule 14D-9 describes in more detail the reasons for your Board's conclusions and contains other information relating to the tender offer. We urge you to
consider this information carefully. 



	 	 	

 
	 	 	Ruann F. Ernst

Chief Executive Officer and President