alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
Exhibit 12.2



CERTIFICATIONS



I, Hannu Ryöppönen, certify that:



|1. | I have reviewed this annual report on Form 20-F for the fiscal year ended January 2, 2005 of Koninklijke Ahold N.V.;
|-- | --------------------------------------------------------------------------------------------------------------------



|2. | Based on my knowledge, this annual 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 annual report; and
|-- | ----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------



|3. | Based on my knowledge, the financial statements, and other financial information included in this annual 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 annual report.
|-- | -----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------



Date: June 24, 2005



|                                                                   
|-------------------------------------------------------------------
|                                                                   
|/s/ Hannu Ryöppönen                                                
|Hannu Ryöppönen                                                    
|Chief Financial Officer and Member of the Corporate Executive Board
Case 16-28288 Doc 16 Filed 09/08/16 Entered 09/09/16 16:49:45 Desc Main

 Document Page 1 of 1
UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 02-7196

UNITED STATES OF AMERICA,

Plaintiff - Appellee,

versus

JERNARD ELLIOTT RICE,

Defendant - Appellant.

Appeal from the United States District Court for the Eastern

District of North Carolina, at Raleigh. W. Earl Britt, Senior

District Judge. (CR-01-49-5-BR, CA-02-169-5-BR)

Submitted: September 18, 2002 Decided: October 10, 2002

Before WILKINS and NIEMEYER, Circuit Judges, and HAMILTON, Senior

Circuit Judge.

Dismissed by unpublished per curiam opinion.

Jernard Elliott Rice, Appellant Pro Se. Rudolf A. Renfer, Jr.,

Assistant United States Attorney, Raleigh, North Carolina, for

Appellee.

Unpublished opinions are not binding precedent in this circuit.

See Local Rule 36(c).
2

PER CURIAM:

Jernard Elliott Rice seeks to appeal the district court’s

order denying relief on his motion filed under 28 U.S.C. § 2255

(2000). We have reviewed the record and conclude on the reasoning

of the district court that Rice has not made a substantial showing

of the denial of a constitutional right. See United States v.

Rice, Nos. CR-01-49-5-BR; CA-02-169-5-BR (E.D.N.C. July 11, 2002).

Accordingly, we deny a certificate of appealability and dismiss the

appeal. See 28 U.S.C. § 2253(c) (2000). 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.

DISMISSED
# EUR-Lex - 12004V055 - EN

Important legal notice

*|*

# 12004V055

**Treaty establishing a Constitution for Europe - PART I - TITLE VII — THE UNION'S FINANCES - Article I-55 **

*
Official Journal 310 , 16/12/2004 P. 0037 - 0037 *

Article I-55

The multiannual financial framework

1. The multiannual financial framework shall ensure that Union expenditure develops in an orderly manner and within the limits of its own resources. It shall determine the amounts of the annual ceilings of appropriations for commitments by category of expenditure in accordance with Article III-402.

2. A European law of the Council shall lay down the multiannual financial framework. The Council shall act unanimously after obtaining the consent of the European Parliament, which shall be given by a majority of its component members.

3. The annual budget of the Union shall comply with the multiannual financial framework.

4. The European Council may, unanimously, adopt a European decision authorising the Council to act by a qualified majority when adopting the European law of the Council referred to in paragraph 2.

--------------------------------------------------
* 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.

IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

 

No. 98-21069

Conference Calendar

 

LESLIE WILLIAM MORGAN,

Plaintiff-Appellant,

versus

GEORGE H. GODWIN; CHARLES BACARISSE;

JOHN B. HOLMES; SCOTT ANTHONY DURFEE;

JAY S. SISKIND; JAMES MICHAEL LEITNER,

Defendants-Appellees.

--------------------

Appeal from the United States District Court

for the Southern District of Texas

USDC No. H-98-CV-1205

--------------------

August 24, 1999

Before KING, Chief Judge, and DAVIS and SMITH, Circuit Judges.

PER CURIAM:*

Leslie William Morgan, Texas prisoner # 677163, appeals the

dismissal of his civil rights action under 42 U.S.C. § 1983 as

frivolous under 28 U.S.C. § 1915(e)(2)(B). To prevail on his

denial-of-access-to-the-courts claim, Morgan must show that his

legal position was prejudiced by the alleged violation. Henthorn

v. Swinson, 955 F.2d 351, 354 (5th Cir. 1992). Neither in his

original complaint nor on appeal has Morgan specifically stated 
No. 98-21069

-2-

which claims he was prevented from presenting to the courts by

the members of the alleged conspiracy. The district court did

not err in dismissing his claims under § 1915(e)(2)(B) because

his conclusional allegations were insufficient to state a claim

under § 1983. See Hale v. Harney, 786 F.2d 688, 690 (5th Cir.

1986). Morgan’s appeal is without arguable merit and is

frivolous. See Howard v. King, 707 F.2d 215, 219-20 (5th Cir.

1983). Because the appeal is frivolous, it is DISMISSED. See

5th Cir. R. 42.2. 

Morgan had, prior to the filing of this suit, one verified

strike. Morgan v. Coker, No. 97-20300 (5th Cir. Aug 13, 1998)

(unpublished). Because of the district court’s dismissal as

frivolous of the original action and this court’s dismissal as

frivolous of the appeal, Morgan has now acquired two more

strikes. He may no longer proceed IFP in any civil action or

appeal filed while he is in prison unless he is under imminent

danger of serious physical injury. See 28 U.S.C. § 1915(g);

Adepegba v. Hammons, 103 F.3d 383, 388 (5th Cir. 1996).

APPEAL DISMISSED; 28 U.S.C. § 1915(g) BAR IMPOSED.
#### § 1915.1450 Occupational exposure to hazardous chemicals in laboratories.

Note:

The requirements applicable to shipyard employment under this section are identical to those set forth at [§ 1910.1450 of this chapter](/on/2024-09-23/title-29/section-1910.1450).

[[61 FR 31431](https://www.federalregister.gov/citation/61-FR-31431), June 20, 1996]
# EUR-Lex - 12004V020 - EN

Important legal notice

*|*

# 12004V020

**Treaty establishing a Constitution for Europe - PART I - TITLE IV — THE UNION'S INSTITUTIONS AND BODIES - CHAPTER I — THE INSTITUTIONAL FRAMEWORK - Article I-20 **

*
Official Journal 310 , 16/12/2004 P. 0019 - 0019 *

Article I-20

The European Parliament

1. The European Parliament shall, jointly with the Council, exercise legislative and budgetary functions. It shall exercise functions of political control and consultation as laid down in the Constitution. It shall elect the President of the Commission.

2. The European Parliament shall be composed of representatives of the Union's citizens. They shall not exceed seven hundred and fifty in number. Representation of citizens shall be degressively proportional, with a minimum threshold of six members per Member State. No Member State shall be allocated more than ninety-six seats.

The European Council shall adopt by unanimity, on the initiative of the European Parliament and with its consent, a European decision establishing the composition of the European Parliament, respecting the principles referred to in the first subparagraph.

3. The members of the European Parliament shall be elected for a term of five years by direct universal suffrage in a free and secret ballot.

4. The European Parliament shall elect its President and its officers from among its members.

--------------------------------------------------
<PAGE>

                                                                   Exhibit 32.1

                           PERSISTENCE SOFTWARE, INC.

                            CERTIFICATION PRUSUANT 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 Persistence Software, Inc. (the
"Company") on Form 10-Q for the quarter ended June 30, 2003, as filed with the
Securities and Exchange Commission on the date hereof (the "Report"), I,
Christopher T. Keene, Chief Executive Officer of the Company, certify, pursuant
to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the
Sarbanes-Oxley Act of 2002, that:

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

(2)      The information contained in the Report fairly presents, in all
         material respects, the financial condition and result of operations of
         the Company.


/s/ CHRISTOPHER T. KEENE
------------------------
Christopher T. Keene
Chief Executive Officer
August 14, 2003
**EXHIBIT 32.1****CERTIFICATION PURSUANT TO****18 U.S.C. SECTION 1350**In connection with the Quarterly Report of EUPA International Corporation (the “Corporation”) onForm 10-QSB for the period ended June 30, 2006 as filed with the Securities and Exchange Commissionon the date hereof (the “Report”), I, Yuan-Chung Tsai, President and Chief Executive Officer of theCorporation, certify, pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of theSarbanes-Oxley Act of 2002, that to the best of my knowledge:     (1) The Report fully complies with the requirements of section 13(a) or 15(d) of theSecurities Exchange Act of 1934; and     (2) The information contained in the Report fairly presents, in all material respects, thefinancial condition and results of operations of the Corporation.              /s/ Yuan-Chung Tsai   Yuan-Chung Tsai   President and Chief Executive Officer   August 14, 2006
#### STATE v. ARTHUR CARROLL.

January Term, 1895.

*Rape. Complaint of prosecu.trix. '*

In a prosecution for rape, or an attempt to commit rape, the state may show that the prosecutrix made complaint, and the name of the person whom she charged as her assailant, but not the details of her statement.

Indictment for an assault with intent to commit rape. Plea, not guilty. Trial by jury at the December term, 1894, Lamoille county, Start, J., presiding. Verdict, guilty. The respondent excepts.

The indictment was for a criminal assault upon a female ■child four and one-half years old. She was not permitted to testify, for the reason that she did not understand the nature of an oath. The testimony of the prosecution tended to show that the assault was committed in a barn. The mother of the child was allowed to testify that her daughter made complaint to her at the time, and, under exception, to •state where she said the respondent first touched her outside •the barn, and where he made the attempt inside the barn.

*B. A. Hunt*for the respondent.

• The details of the complaint of the prosecutrix cannot he shown. *Slate*v. *Niles,*47 Vt. 82 ; *State*v. Bedard, 65 Vt.*278; State*v. Mitchell, 68 Iowa 116; *State*v. *Clark,*<69 Iowa 294; *McGee*v. *State,*21 Texas App. 670; *478
      *Churchill*v. *Smith,*16 Vt. 560; *Law*v. *Fairfield,*46 Vt-425-

*R. W. Hurlburt,*State’s Attorney, for the state.

Evidence of the complaint was admissible. 1 Rose. Crim. Ev., 8th Am. Ed., 41 ; *Lambert*v. *Peo fie,*29 Mich-71 ; *Peofle*v. *Gage,*28 N. W. Rep. 835 ; *McMurrin*v. *Regby,*45 N. W. Rep. 877 ; *State w. Byrne,*47 Conn. 465 *State*v. *Jones,*64 Iowa 353.

TAFT, J.

I. It was held in *State*v. *Niles,*47 Vt. 82, that it is competent to prove that the person upon whom a rape is alleged to have been committed made a complaint, and that an individual, the complainant naming him, was charged by her with its commission. The rule is the same-in a prosecution for an attempt. In some jurisdictions the details of the complaint may-be given., but in this state the prosecution has never been permitted to go further than to-prove that the person complained that an assault had been made, and that a certain person made it. We are not inclined to extend the rule. It was a departure from it, and therefore error, when the witness was allowed to state any of the details of the complaint, such as the exact location of the alleged assault, that it was committed upon a pile of corn stalks, and in a certain corner of the barn.

II. As we are not fully agreed upon the question raised by the exception to the charge, and as the same question-will not necessarily arise upon another trial, we do not consider it.

*The first exceflion is sustained. Judgment reversed^ verdict set aside, and cause remanded for a new trial.*
#### § 223.42 Transfer of effective purchaser credits.

The Forest Service may permit transfer of unused effective purchaser credit earned after December 16, 1975, from one timber sale account to another timber sale account of the same purchaser within the same National Forest, provided the sale contracts provide procedures for the use of purchaser credit. Approval for transfer shall not be granted for amounts needed to satisfy unfulfilled payment obligations or claims for damages due the United States. Purchaser credit transferred under this paragraph is subject to such additional restrictions as may be necessary for its orderly use.

(Pub. L. 94-154, 89 Stat. 823 (16 U.S.C. 535)

[42 FR 63777, Dec. 20, 1977. Redesignated at 49 FR 2761, Jan. 23, 1984]
§ 635.52 Vessels subject to inspection. ( a ) All U.S. fishing vessels carrying fish species subject to regulation pursuant to a recommendation of ICCAT that have not been previously landed or transshipped at port, as well as the vessel's catch, gear, equipment, records, and any documents the authorized officer deems necessary to determine compliance with ICCAT conservation and management measures, are subject to inspection when in a port of any ICCAT contracting or cooperating non-contracting party. A list of ports, designated by ICCAT contracting or cooperating non-contracting parties, to which foreign vessels carrying fish species subject to regulation pursuant to a recommendation of ICCAT may seek entry is available on the ICCAT Web site.
( b ) While in port, the master, crewmember, or any other person on a U.S. vessel carrying fish species subject to regulation pursuant to a recommendation of ICCAT must cooperate with an authorized officer during the conduct of an inspection, including by facilitating safe boarding. ICCAT recommendations require that inspections be carried out so that the vessel suffers minimum interference and inconvenience, and so that degradation of the quality of catch is avoided.
[79 FR 72559, Dec. 8, 2014]
# EUR-Lex - 12008E236 - EN

Important legal notice

*|*

# 12008E236

**Consolidated version of the Treaty on the Functioning of the European Union - PART SIX: INSTITUTIONAL AND FINANCIAL PROVISIONS - TITLE I: INSTITUTIONAL PROVISIONS - Chapter 1: The institutions - Section 2: The European Council - Article 236 **

*
Official Journal 115 , 09/05/2008 P. 0153 - 0153 *

Article 236

The European Council shall adopt by a qualified majority:

(a) a decision establishing the list of Council configurations, other than those of the General Affairs Council and of the Foreign Affairs Council, in accordance with Article 16(6) of the Treaty on European Union;

(b) a decision on the Presidency of Council configurations, other than that of Foreign Affairs, in accordance with Article 16(9) of the Treaty on European Union.

--------------------------------------------------
§ 242.16 Customary and traditional use determination process. ( a ) The Board shall determine which fish stocks and wildlife populations have been customarily and traditionally used for subsistence. These determinations shall identify the specific community's or area's use of specific fish stocks and wildlife populations. For areas managed by the National Park Service, where subsistence uses are allowed, the determinations may be made on an individual basis.
( b ) A community or area shall generally exhibit the following factors, which exemplify customary and traditional use. The Board shall make customary and traditional use determinations based on application of the following factors: ( 1 ) A long-term consistent pattern of use, excluding interruptions beyond the control of the community or area;
( 2 ) A pattern of use recurring in specific seasons for many years;
( 3 ) A pattern of use consisting of methods and means of harvest which are characterized by efficiency and economy of effort and cost, conditioned by local characteristics;
( 4 ) The consistent harvest and use of fish or wildlife as related to past methods and means of taking; near, or reasonably accessible from, the community or area;
( 5 ) A means of handling, preparing, preserving, and storing fish or wildlife which has been traditionally used by past generations, including consideration of alteration of past practices due to recent technological advances, where appropriate;
( 6 ) A pattern of use which includes the handing down of knowledge of fishing and hunting skills, values, and lore from generation to generation;
( 7 ) A pattern of use in which the harvest is shared or distributed within a definable community of persons; and
( 8 ) A pattern of use which relates to reliance upon a wide diversity of fish and wildlife resources of the area and which provides substantial cultural, economic, social, and nutritional elements to the community or area.
( c ) The Board shall take into consideration the reports and recommendations of any appropriate Regional Council regarding customary and traditional uses of subsistence resources.
( d ) Current determinations are listed in § 242.24.
§ 331.11 Special events. ( a ) Special events including, but not limited to, water carnivals, boat regattas, music festivals, dramatic presentations, or other special recreation programs are prohibited unless written permission has been granted by the District Engineer.
( b ) The public shall not be charged any fee by the sponsor of such permitted event unless the District Engineer has approved in writing the proposed schedule of fees. The District Engineer shall have authority to revoke permission and require removal of any equipment upon failure of the sponsor to comply with terms and conditions of the permit/permission. Any violation shall constitute a separate violation for each calendar day in which it occurs.
* 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.

IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

 

No. 99-50177

Summary Calendar

 

UNITED STATES OF AMERICA,

Plaintiff-Appellee,

versus

ANTHONY LEON CEPHUS, also 

known as Anthony L. Cephus,

Defendant-Appellant.

- - - - - - - - - -

Appeal from the United States District Court

for the Western District of Texas

USDC No. W-97-CR-62-1

- - - - - - - - - -

October 21, 1999

Before JOLLY, JONES, and BENAVIDES, Circuit Judges.

PER CURIAM:*

Anthony Leon Cephus appeals the district court’s revocation

of his supervised release. He argues that the district court

abused its discretion in revoking his supervised release because

the Government failed to offer sufficient evidence to establish a

nexus between himself and the plastic bag containing the “crack”

cocaine found in his backyard. 

Supervised release may be revoked upon a finding, by a

preponderance of the evidence, that a defendant violated a 
No. 99-50177

-2-

condition of his supervised release. 18 U.S.C. § 3583(e)(3);

United States v. McCormick, 54 F.3d 214, 219 (5th Cir. 1995). 

This court reviews the district court’s decision for an abuse of

discretion. Id.

In considering a challenge to the sufficiency of the

evidence, this court views “the evidence and all reasonable

inferences that may be drawn from the evidence in a light most

favorable to the government." United States v. Alaniz-Alaniz, 38

F.3d 788, 792 (5th Cir. 1994) (internal citation omitted). This

court does not pass on a district court's determination as to

the credibility of the witnesses. Id. at 791. Accepting all

reasonable credibility choices that tend to support the judge’s

decision, the evidence, when viewed in its entirety, is

sufficient to establish that Cephus violated the conditions of

his supervised release. United States v. Cardenas, 748 F.2d

1015, 1020 (5th Cir. 1984).

AFFIRMED.
<TABLE> <S> <C>

<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM THE
CONDENSED CONSOLIDATED BALANCE SHEET AS OF SEPTEMBER 30, 1999 AND THE CONDENSED
CONSOLIDATED STATEMENT OF OPERATIONS FOR THE NINE MONTHS ENDED SEPTEMBER 30,
1999 AND IS QUALIFIED IN ITS ENTIRETY BY REFERENCE TO SUCH FINANCIAL STATEMENTS.
</LEGEND>
<MULTIPLIER> 1,000

<S>                             <C>
<PERIOD-TYPE>                   9-MOS
<FISCAL-YEAR-END>                          DEC-31-1999
<PERIOD-START>                             JAN-01-1999
<PERIOD-END>                               SEP-30-1999
<CASH>                                         208,091
<SECURITIES>                                   435,300
<RECEIVABLES>                                   78,067
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<TOTAL-LIABILITY-AND-EQUITY>                 4,337,160
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