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

                                                                    EXHIBIT 31.2

                     RULE 13A-14(A)/15D-14(A) CERTIFICATION

I, Robert C. Larry, certify that:

1. I have reviewed this quarterly report on Form 10-Q of Metal Management, Inc.;

2. Based on my knowledge, this report does not contain any untrue statement of a
material fact or omit to state a material fact necessary to make the statements
made, in light of the circumstances under which such statements were made, not
misleading with respect to the period covered by this report;

3. Based on my knowledge, the financial statements, and other financial
information included in this report, fairly present in all material respects the
financial condition, results of operations and cash flows of the registrant as
of, and for, the periods presented in this report;

4. The registrant's other certifying officer and I are responsible for
establishing and maintaining disclosure controls and procedures (as defined in
Exchange Act Rules 13a-14 and 15d-14) for the registrant and have:

         a) Designed such disclosure controls and procedures, or caused such
disclosure controls and procedures to be designed under our supervision, to
ensure that material information relating to the registrant, including its
consolidated subsidiaries, is made known to us by others within those entities,
particularly during the period in which this report is being prepared;

         b) Evaluated the effectiveness of the registrant's disclosure controls
and procedures and presented in this report our conclusions about the
effectiveness of the disclosure controls and procedures, as of the end of the
period covered by this report based on such evaluation; and

         (c) Disclosed in this report any change in the registrant's internal
control over financial reporting that occurred during the registrant's most
recent fiscal quarter that has materially affected, or is reasonably likely to
materially affect, the registrant's internal control over financial reporting;
and

5. The registrant's other certifying officer and I have disclosed, based on our
most recent evaluation of internal control over financial reporting, to the
registrant's auditors and the audit committee of registrant's board of directors
(or persons performing the equivalent functions):

         a) All significant deficiencies and material weaknesses in the design
or operation of internal control over financial reporting which are reasonably
likely to adversely affect the registrant's ability to record, process,
summarize and report financial information; and

         b) Any fraud, whether or not material, that involves management or
other employees who have a significant role in the registrant's internal control
over financial reporting.



Date:  August 14, 2003              /s/ Robert C. Larry
                                   ------------------------
                                   Robert C. Larry
                                   Executive Vice President, Finance and Chief
                                   Financial Officer
§ 362.8 Restrictions on activities of insured state nonmember banks affiliated with certain securities companies. ( a ) The FDIC has found that an unrestricted affiliation between an insured state nonmember bank and certain companies may have adverse effects on the safety and soundness of insured state nonmember banks.
( b ) An insured state nonmember bank is prohibited from becoming or remaining affiliated with any securities underwriting affiliate company that directly engages in the public sale, distribution or underwriting of stocks, bonds, debentures, notes, or other securities activity, of a type not permissible for a national bank directly, unless the company is controlled by an entity that is supervised by a federal banking agency or the state nonmember bank submits an application in compliance with § 303.121 of this chapter and the FDIC grants its consent under the procedure in § 303.122(b) of this chapter, or the state nonmember bank and the securities underwriting affiliate company comply with the following requirements: ( 1 ) The securities business of the affiliate is physically separate and distinct in its operations from the operations of the bank, provided that this requirement shall not be construed to prohibit the bank and its affiliate from sharing the same facility if the area where the affiliate conducts retail sales activity with the public is physically distinct from the routine deposit taking area of the bank;
( 2 ) The affiliate conducts business pursuant to independent policies and procedures designed to inform customers and prospective customers of the affiliate that the affiliate is a separate organization from the bank and the state-chartered depository institution is not responsible for and does not guarantee the obligations of the affiliate;
( 3 ) The bank adopts policies and procedures, including appropriate limits on exposure, to govern its participation in financing transactions underwritten by an underwriting affiliate;
( 4 ) The bank does not express an opinion on the value or the advisability of the purchase or sale of securities underwritten or dealt in by an affiliate unless it notifies the customer that the entity underwriting, making a market, distributing or dealing in the securities is an affiliate of the bank; and
( 5 ) The bank complies with the investment and transaction limitations in sections 23A and 23B of the Federal Reserve Act (12 U.S.C. 371c and 371c-1) with respect to the affiliate.
[66 FR 1028, Jan. 5, 2001]
Exhibit 32.1

BERNARD CHAUS, INC.
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 Bernard Chaus, Inc. (the ‘‘Company’’) on Form 10-Q for the three months ended September 30, 2007, as filed with the Securities and Exchange Commission on the date hereof (the ‘‘Report’’), the undersigned hereby certifies, pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that:

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

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

November 5, 2007

/s/ Josephine Chaus
Josephine Chaus
Chairwoman of the Board and
Chief Executive Officer


---
UNANIMOUS WRITTEN CONSENT IN LIEU OF SPECIAL MEETING

                                     OF THE

                               BOARD OF DIRECTORS

                                       OF

                                   SATX, INC.

        The undersigned, constituting all of the directors of the above named
corporation, hereby consent in writing, pursuant to NRS 78.315, to the adoption
of the following recitals and resolutions.

APPROVAL OF AGREEMENT AND AUTHORIZATION TO ISSUE STOCK

        RESOLVED, that SATX, Inc. be authorized to enter into that certain Stock
Purchase agreement dated June, 2000 by and between SATX, Inc. and Terry Byrne
("Agreement"), and the revision executed on June 23, 2000, which is attached
hereto as Exhibit "A" and by this reference incorporated herein.

        RESOLVED FURTHER, that Merritt Jesson, President and CEO, be and hereby
is authorized to execute the Agreement on behalf of SATX, Inc and to take
whatever action is necessary to cause 1,250,000 shares of the common stock of
SATX, Inc. to be issued to Terry Byrne and to register said stock as provided in
the Agreement.

        RESOLVED FURTHER, That Merritt Jesson, President and CEO, be and hereby
is authorized to take whatever action is necessary to cause the warrants
referenced in Section 4 (B) of the Agreement to be issued to Terry Byrne.

        RESOLVED FURTHER, that all shares and warrants so issued will not be
registered under the Securities Act of 1933 ("1933 Act") and will be "restricted
securities" within the meaning of Rule 144 of the 1933 Act. The certificates
evidencing the Shares shall bear restrictive legends as appropriate and will be
subject to appropriate stop transfer orders to the respective transfer agents.
The Company shall be under no obligation to register the Shares under the 1933
Act or any state securities law for resale by the individual or entity who is
issued the Shares.

        RESOLVED FURTHER, that this Unanimous Consent may be executed
simultaneously in two or more counterparts, each of which shall be deemed an
original and all of which together shall constitute but one and the same
instrument.

                            (Signature Page Follows)
<PAGE>

               IN WITNESS WHEREOF, the undersigned have executed this Unanimous
Consent to be effective the 26th day of June, 2000.



         /s/ MERRITT JESSON                              /s/ KHOREN SHAGINIAN
         -------------------                             ----------------------
           Merritt Jesson                                   Khoren Shaginian


                                /s/ ROBERT ELLIS
                             ----------------------
                                  Robert Ellis
<PAGE>

                                                                    EXHIBIT 23

                          INDEPENDENT AUDITORS' CONSENT

The Board of Directors
MTI Technology Corporation:

     We consent to incorporation by reference in the registration statement No.
333-85410 on Form S-3 and the registration statements (Nos. 333-76972,
333-69030, 333-66716, 333-95915, 333-92623, 333-85579, 333-61957, 333-46363,
333-50377, 333-18501 and 33-80438) on Form S-8 of MTI Technology Corporation of
our report dated June 27, 2002, relating to the consolidated balance sheets of
MTI Technology Corporation and subsidiaries as of April 6, 2002 and April 7,
2001 and the related consolidated statements of operations, stockholders' equity
and cash flows for each of the years in the three-year period ended April 6,
2002, and related schedule, which report appears in the April 6, 2002 annual
report on Form 10-K of MTI Technology Corporation.

                                          KPMG LLP

Costa Mesa, California
July 5, 2002
#### §§ 44.8-44.9 [Reserved]
§ 614.4330 Loan participations. Agreements to purchase or sell a participation interest shall be subject to the provisions of § 614.4325 of this subpart, and, in addition, shall satisfy the requirements of this section. ( a ) *Participation agreements.* Agreements to purchase or sell a participation interest in a loan shall, in addition to meeting the requirements of § 614.4325(d) of this subpart, at a minimum: ( 1 ) Define the duties and responsibilities of the participating institution and the lead lender, and/or the servicing institution, if different from the lead lender.
( 2 ) Provide for loan servicing and monitoring of the servicer;
( 3 ) Set forth authorization and conditions for action in the event of borrower distress or default;
( 4 ) Provide for sharing of risk;
( 5 ) Set forth conditions for the offering and acceptance of the loan participation and termination of the agreement;
( 6 ) Provide for sharing of fees, interest charges, and costs between participating institutions;
( 7 ) Provide for a method of resolution of disagreements arising under the agreement between two or more institutions;
( 8 ) Specify whether the contract is assignable by either party; and
( 9 ) Provide for the issuance of certificates evidencing a participation interest in a loan.
( b ) *Intrasystem participations.* Loans participated between or among Farm Credit System institutions shall meet the borrower eligibility, membership, loan term, loan amount, loan security, and stock purchase requirements of the originating lender.
[57 FR 38247, Aug. 24, 1992, as amended at 67 FR 1285, Jan. 10, 2002]
§ 380.25 Post-insolvency interest. ( a ) *Date of accrual.* Post-insolvency interest shall be paid at the post-insolvency interest rate calculated on the principal amount of an allowed claim from the later of ( i ) The date of the appointment of the Corporation as receiver for the covered financial company; or
( ii ) In the case of a claim arising or becoming fixed and certain after the date of the appointment of the receiver, the date such claim arises or becomes fixed and certain.
( b ) *Interest rate.* Post-insolvency interest rate shall equal, for any calendar quarter, the coupon equivalent yield of the average discount rate set on the three-month U.S. Treasury bill at the last auction held by the United States Treasury Department during the preceding calendar quarter. Post-insolvency interest shall be computed quarterly and shall be computed using a simple interest method of calculation.
( c ) *Principal amount.* The principal amount of an allowed claim shall be the full allowed claim amount, including any interest that may have accrued to the extent such interest is included in the allowed claim.
( d ) *Post-insolvency interest distributions.* (1) Post-insolvency interest shall only be distributed following satisfaction of the principal amount of all creditor claims set forth in § 380.21(a)(1) through 380.21(a)(9) and prior to any distribution pursuant to § 380.21(a)(11).
(2) Post-insolvency interest distributions shall be made at such time as the Corporation as receiver determines that such distributions are appropriate and only to the extent of funds available in the receivership estate. Post-insolvency interest shall be calculated on the outstanding principal amount of an allowed claim, as reduced from time to time by any interim distributions on account of such claim by the receiver.
#### § 410.151 Program accessibility: New construction and alterations.

Each building or part of a building that is constructed or altered by, on behalf of, or for the use of the agency shall be designed, constructed, or altered so as to be readily accessible to and usable by handicapped persons. The definitions, requirements, and standards of the Architectural Barriers Act (42 U.S.C. 4151 through 4157), as established in 41 CFR 101-19.600 to 101-19.607, apply to buildings covered by this section.
<PAGE>
                                                                   Exhibit 3.31


                            CERTIFICATE OF AMENDMENT

                                       TO

                              AMENDED AND RESTATED
                          CERTIFICATE OF INCORPORATION

                                       OF

                            ELCOM INTERNATIONAL, INC.


                         Pursuant to Section 242 of the
                        Delaware General Corporation Law
                     -------------------------------------

         The undersigned, being the Chairman of the Board and Chief Executive
Officer of Elcom International, Inc., a Delaware corporation (the
"Corporation"), hereby certifies as follows:

         1. The name of the corporation is Elcom International, Inc.

         2. The amendment to the Second Restated Certificate of Incorporation of
the Corporation as hereinafter set forth has been duly adopted and approved in
accordance with Section 242 of the General Corporation Law of the State of
Delaware (the "DGCL"). The amendment was approved by a majority of the
outstanding stock entitled to vote thereon at a special meeting of the
stockholders pursuant to Section 242(b) of the DGCL.

         3. The Second Restated Certificate of Incorporation of the Corporation
is hereby amended by deleting in its entirety Article FOURTH, Section I and
substituting in lieu thereof the following:

         "The total number of shares of all classes of stock that the
         Corporation shall have authority to issue is One Hundred Ten Million
         (110,000,000), consisting of One Hundred Million (100,000,000) shares
         of common stock, par value $.01 per share (the "Common Stock"), and Ten
         Million (10,000,000) shares of preferred stock, par value $.01 per
         share (the "Preferred Stock")."

                  IN WITNESS WHEREOF, the undersigned subscribes this
Certificate of Amendment and affirms that the facts stated herein are true under
penalties of perjury, this nineteenth day of December, 2001.




                                         /s/ Robert J. Crowell
                                         -----------------------------------
                                         Robert J. Crowell
                                         Chairman and Chief Executive Officer







                                  Page 1 of 1
§ 347.204 Commitment to be examined and provide information. ( a ) In connection with an application for deposit insurance for a U.S. branch or depository institution subsidiary of a foreign bank that has been determined to be subject to comprehensive consolidated supervision by the appropriate Federal banking agency, as defined in section 3(q) of the FDI Act (12 U.S.C. 1813(q)), the foreign bank shall provide binding written commitments (including a consent to U.S. jurisdiction and designation of agent for service, acceptable to the FDIC) to the following terms: ( 1 ) The FDIC will be provided with any information about the foreign bank and its affiliates located outside of the United States that the FDIC requests to determine: ( i ) The relationship between the U.S. branch or depository institution subsidiary and its affiliates; and
( ii ) The effect of such relationship on such U.S. branch or depository institution subsidiary;
( 2 ) The FDIC will be allowed to examine the affairs of any office, agency, branch or affiliate of the foreign bank located in the United States and will be provided any information requested to determine: ( i ) The relationship between the U.S. branch or depository institution subsidiary and such offices, agencies, branches or affiliates; and
( ii ) The effect of such relationship on such U.S. branch or depository institution subsidiary.
( 3 ) The FDIC will not process a deposit insurance application for any U.S. branch or depository institution subsidiary of a foreign bank if the foreign bank fails to provide the written commitments, consent to U.S. jurisdiction, and designation of agent for service required by this section.
( b ) The FDIC will consider the existence and extent of any prohibition or restrictions, if any, on its ability to utilize the commitments, consent to U.S. jurisdiction, and designation of agent for service required by this section, in determining whether to grant or deny a deposit insurance application for the U.S. branch or depository institution subsidiary of the foreign bank. In addition, the FDIC may consider any additional assurances or commitments provided by the foreign bank, including that it will cooperate and assist the FDIC, without limitation, by seeking to obtain waivers and exemptions from applicable confidentiality or secrecy restrictions or requirements to enable the foreign bank or its affiliates to make information about the foreign bank and its affiliates located outside of the United States available to the FDIC for review.
( c ) The foreign bank's commitments, consent to U.S. jurisdiction, and designation of agent for service shall be signed by an officer of the foreign bank who has been so authorized by the foreign bank's board of directors and in all instances will be executed in a manner acceptable to the FDIC and shall be included with the branch or depository institution application for insurance. Any documents that are not in English shall be accompanied by an English translation.
# C_2008074EN.01006501.xml

| 20.3.2008 | EN | Official Journal of the European Union | C 74/65 |
| --- | --- | --- | --- |

20.3.2008

EN

Official Journal of the European Union

C 74/65

---

Request for an Advisory Opinion from the EFTA Court by Oslo tingrett dated 26 November 2007 in the Case of L'Oréal Norge AS v Smart Club Norge AS

(Case E-10/07)

(2008/C 74/15)

A request has been made to the EFTA Court by a letter of 26 November 2007 from Oslo tingrett (Oslo District Court), which was received at the Court Registry on 29 November 2007, for an Advisory Opinion in the Case of L'Oréal Norge AS v Smart Club Norge AS, on the following questions:

| 1. | Is Article 7(1) of Council Directive 89/104/EEC to be understood to the effect that a trade mark proprietor has the right to prevent imports from third countries outside the EEA when such imports take place without the consent of the trade mark proprietor? |
| --- | --- |

1.

Is Article 7(1) of Council Directive 89/104/EEC to be understood to the effect that a trade mark proprietor has the right to prevent imports from third countries outside the EEA when such imports take place without the consent of the trade mark proprietor?

| 2. | Is Article 7(1) of Directive 89/104/EEC to be understood to the effect that international exhaustion is permitted? |
| --- | --- |

2.

Is Article 7(1) of Directive 89/104/EEC to be understood to the effect that international exhaustion is permitted?

---
§ 380.39 Contingent claims. ( a ) The Corporation as receiver shall not disallow a claim based on an obligation of the covered financial company solely because the obligation is contingent. To the extent the obligation is contingent, the receiver shall estimate the value of the claim, as such value is measured based upon the likelihood that such contingent obligation would become fixed and the probable magnitude thereof.
( b ) If the receiver repudiates a contingent obligation of a covered financial company consisting of a guarantee, letter of credit, loan commitment, or similar credit obligation, the actual direct compensatory damages for repudiation shall be no less than the estimated value of the claim as of the date the Corporation was appointed receiver of the covered financial company, as such value is measured based upon the likelihood that such contingent claim would become fixed and the probable magnitude thereof.
( c ) The Corporation as receiver shall estimate the value of a claim under paragraphs (a) or (b) of this section no later than 180 days after the claim is filed, unless such period is extended by a written agreement between the claimant and the receiver.
( d ) Except for a contingent claim that becomes absolute and fixed prior to the receiver's determination of the estimated value, such estimated value of a contingent claim shall be recognized as the allowed amount of the claim for purposes of distribution.
( e ) The estimated value of a contingent claim shall constitute the receiver's determination of the claim for purposes of § 380.38(d) and 12 U.S.C. 5390(a)(9)(D).