alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
# C_2007155EN.01001902.xml

| 7.7.2007 | EN | Official Journal of the European Union | C 155/19 |
| --- | --- | --- | --- |

7.7.2007

EN

Official Journal of the European Union

C 155/19

---

Judgment of the Court of First Instance of 24 May 2007 — Duales System Deutschland v Commission

(Case T-151/01) (1)

1

(Competition - Abuse of a dominant position - Collection and recovery system for packaging carrying the Der Grüne Punkt logo and put into circulation in Germany - Decision finding abuse of a dominant position - Barrier to entry - Fee payable under the ‘Trade Mark Agreement’)

(2007/C 155/36)

Language of the case: German

Parties

Applicant: Der Grüne Punkt — Duales System Deutschland GmbH, formerly Der Grüne Punkt — Duales System Deutschland AG (Cologne, Germany) (represented by: W. Deselaers, B. Meyring, E. Wagner and C. Weidemann, lawyers)

Applicant:

Defendant: Commission of the European Communities (represented by: initially by S. Rating, and subsequently by P. Oliver, H. Gading and M. Schneider, and finally by W. Mölls and R. Sauer, Agents)

Defendant:

Interveners in support of the defendant: Vfw AG (Cologne, Germany) (represented by H.F. Wissel and J. Dreyer, lawyers); Landbell AG für Rückhol-Systeme (Mayence, Germany); and BellandVision GmbH (Pegnitz, Germany) (represented by: A. Rinne and A. Walz, lawyers)

Interveners in support of the defendant

Re:

Application for annulment of Commission Decision 2001/463/EC of 20 April 2001 relating to a proceeding pursuant to Article 82 [EC] (Case COMP D3/34493 — DSD) (OJ 2001 L 166, p. 1)

Operative part of the judgment

The Court:

| 1. | Dismisses the action; |
| --- | --- |

1.

Dismisses the action;

| 2. | Orders the applicant, Der Grüne Punkt — Duales System Deutschland GmbH, to bear its own costs and those incurred by the Commission, Landbell AG Rückhol Systeme and BellandVision GmbH, including those relating to the interlocutory proceedings; |
| --- | --- |

2.

Orders the applicant, Der Grüne Punkt — Duales System Deutschland GmbH, to bear its own costs and those incurred by the Commission, Landbell AG Rückhol Systeme and BellandVision GmbH, including those relating to the interlocutory proceedings;

| 3. | Orders Vfw AG to bear its own costs, including those relating to the interlocutory proceedings. |
| --- | --- |

3.

Orders Vfw AG to bear its own costs, including those relating to the interlocutory proceedings.

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(1)  OJ C 289, 13.10.2001.

1

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**Exhibit 31.2**

**Certification of PrincipalFinancial Officer**

 

 

I, Howard M. Nathan,certify that:

 

1)              I have reviewed thisquarterly report on Form 10-Q of The Washtenaw Group, Inc.;

 

2)              Based on myknowledge, this quarterly report does not contain any untrue statement of amaterial fact or omit to state a material fact necessary to make the statementsmade, in light of the circumstances under which such statements were made, notmisleading with respect to the period covered by this quarterly report;

 

3)              Based on myknowledge, the financial statements, and other financial information includedin this quarterly report, fairly present in all material respects the financialcondition, results of operations and cash flows of the registrant as of, andfor, the periods presented in this quarterly report;

 

4)              The registrant’sother certifying officers and I are responsible for establishing andmaintaining disclosure controls and procedures (as defined in Exchange ActRules 13a-15(e) and 15d-15(e)) [Intentionally Omitted] for the registrant andwe have:

 

a)              designed suchdisclosure controls and procedures to ensure that material information relatingto the registrant, including its consolidated subsidiaries, is made known to usby others within those entities, particularly during the period in which thisquarterly report is being prepared;

 

b)             [IntentionallyOmitted];

 

c)              evaluated theeffectiveness of the registrant’s disclosure controls and procedures andpresented in this report our conclusions about the effectiveness of thedisclosure controls and procedures as of the end of the period covered by thisreport based on such evaluation; and

 

d)             disclosed in thisquarterly report any change in the registrant’s internal control over financialreporting that occurred during the registrant’s most recent fiscal quarter thathas materially affected, or is reasonably likely to materially affect, theregistrant’s internal control over financial reporting;

 

5)              The registrant’sother certifying officers and I have disclosed, based on our most recentevaluation, to the registrant’s auditors and the audit committee of registrant’sboard of directors (or persons performing the equivalent function):

 

a)              all significantdeficiencies and material weakness in the design or operation of internalcontrol over financial reporting which are reasonably likely to adverselyaffect the registrant’s ability to record, process, summarize and reportfinancial information; and

 

b)             any fraud, whether ornot material, that involves management or other employees who have asignificant role in the registrant’s internal control over financial reporting.

 

 

Date: November 12, 2004

 
| /s/ Howard M. Nathan                       |   |
|--------------------------------------------|--------|
| Vice President and Chief Financial Officer |

 

----
|    |                                                                                                 |
|----|-------------------------------------------------------------------------------------------------|
| 1. | I have reviewed this Amendment No. 1 to the Annual Report on Form 10-K of CIM Income NAV, 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. |

|        |
|--------|
|        |  |  |  |
| Date:  | April 23, 2020 | /s/ RICHARD S. RESSLER |
|   |   | Name: | Richard S. Ressler |
|   |   | Title: | Chief Executive Officer, President and Chairman of the Board of Directors(Principal Executive Officer) |
1 The Honorable Joan N. Ericksen, United States District Judge for the District of Minnesota. 

## United States Court of Appeals FOR THE EIGHTH CIRCUIT

___________ No. 05-1738

___________ United States of America, * * Appellee, * * Appeal from the United States v. * District Court for the * District of Minnesota. Eugene Edwards, * * [UNPUBLISHED] Appellant. *

___________ Submitted: May 5, 2006 Filed: May 12, 2006

___________ Before WOLLMAN, MURPHY, and COLLOTON, Circuit Judges.

___________ PER CURIAM. A jury found Eugene Edwards guilty of possessing with intent to distribute more than 50 grams of cocaine base and more than 500 grams of powder cocaine, in violation of 21 U.S.C. § 841(a)(1), and carrying or possessing a firearm in connection with those drug-trafficking crimes, in vi olation of 18 U.S.C. § 924(c)(1)(A). The district court 1 sentenced him to a total of 195 months in prison and 5 years of supervised release. Edwards raises three arguments on appeal.-2- First, Edwards argues that the district court erred in denying his motion to suppress evidence seized from his residence pursuant to a search warrant. We find no error. See United States v. Solomon , 432 F.3d 824, 827 (8th Cir. 2005) (standard of review). The information within the four corners of the affidavit submitted in support of the search warrant application established probable cause. To the extent that extrinsic testimony presented at th e second suppression hearing had any bearing on the probable-cause inquiry, the court e xpressly discredited it in favor of the applying officer’s testimony. Second, Edwards argues that the evidence is insufficient to support his drug convictions. Viewing the evidence in the light most favorable to the government, as we must, we cannot say that a reasonable juror must have harbored a reasonable doubt regarding an essential element of the offenses. SeeUnited States v. Howard , 427 F.3d 554, 557 (8th Cir. 2005) (standard of review; elements of offense). Third, Edwards argues that his firearm conviction is invalid under Bailey v. United States , 516 U.S. 137 (1995), because he did not actively employ the firearm. Edwards is mistaken because he was not convicted of “using” the firearm: he was convicted of “carrying” or “possessing” it, an offense that does not re quire active employment. See United States v. Alaniz , 235 F.3d 386, 389 (8th Cir. 2000), cert. denied , 533 U.S. 911 (2001). Accordingly, we affirm the judgment of the district court.

______________________________
**Exhibit 31.****3**

** **

**CERTIFICATION OF CHIEF EXECUTIVE OFFICER PURSUANT TO**

**SECTION 302 OF THE SARBANES-OXLEY ACT OF 2002**

 

I, Natasha Giordano, certify that:

 

|   | 1. | I have reviewed this Amendment No. 1 to the Annual Report on Form 10-K of PLx Pharma Inc.; and |
|--------|----|------------------------------------------------------------------------------------------------|

 

|   | 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. |
|--------|----|------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|

 

| Date: April 27, 2018 |   | /s/ Natasha Giordano                |
|---------------------------|--------|-------------------------------------|
|                      |   | Natasha Giordano                    |
|                      |   | President and                       |
|                      |   | Chief Executive Officer             |
|                      |   | (principal executive officer)  |
TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

NO. 03-19-00120-CR

Thomas Davis, Appellant

v.

The State of Texas, Appellee

FROM THE 424TH DISTRICT COURT OF LLANO COUNTY 

NO. CR7610, THE HONORABLE EVAN C. STUBBS, JUDGE PRESIDING

O R D E R

PER CURIAM

Appellant’s brief on appeal was originally due on May 9, 2019. On counsel’s 

motions, the time for filing was extended to August 7, 2019. Appellant’s counsel has now filed a 

third motion, requesting that the Court extend the time for filing appellant’s brief. We grant the 

motion for extension of time and order appellant to file a brief no later than September 9, 2019. 

No further extension of time will be granted and failure to comply with this order will result in 

the referral of this case to the trial court for a hearing under Rule 38.8(b) of the Texas Rules of 

Appellate Procedure.

It is ordered on August 15, 2019.

Before Chief Justice Rose, Justices Triana and Smith

Do Not Publish
#### The Fourth National Bank *v.*Henry S. Burger *et al.*The Bank of America v. The Same. The Importers & Traders’ Nat. Bank *v.*The Same.

*W. Parkin,*for motion; no one opposed.

Motion to argue causes together denied; ten dollars costs.

See 25 N. Y. State Rep., 136.
No. 49773.

#### Protests 82168-K, etc., of Hung Chong & Co. et al. (San Francisco).

Opinion by

Cole, J.

The merchandise was classified and claimed dutiable at the same rates and under the same paragraphs as similar merchandise covered by the decision in *Quong Yuen Shing Co.*v. *United States*(31 C. C. P. A. 43, C. A. D. 247). In accordance with stipulation of counsel and on the authority of said cited ease the ve-tsin, found to contain salt, was excluded from paragraph 5 .and protests sustained to this extent.
Before the Second Division,

August 4, 1939

No. 41883.

#### Protest 115299-G of Salem Shawiry (New York).

Opinion by

Tilson, J.

The claim at 75 percent ad valorem under paragraph 1430, Tariff Act of 1922, was sustained.
EXHIBIT 32.2

CERTIFICATION OF CHIEF FINANCIAL OFFICER  PURSUANT TO SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002 (18 U.S.C. 1350)

In connection with the Annual Report on Form 10-K for the period ended December 31, 2013 (the "Report") of New Mountain
Finance Holdings, L.L.C., New Mountain Finance Corporation and New Mountain Finance AIV Holdings Corporation (the "Registrants"), as filed with the Securities and Exchange Commission on the date
hereof, I, David M. Cordova, the Chief Financial Officer of the Registrants, hereby certify, to the best of my knowledge, that:



/s/ DAVID M. CORDOVAName:

David M. CordovaDate:

March 5, 2014


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QuickLinks
Exhibit 32.1




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




In connection with the accompanying Annual Report on Form 10-K of Firsthand Technology Value Fund, Inc. (the “Company”) for the fiscal year ended December 31, 2013 as filed with the Securities and Exchange Commission on the date hereof (the “Report”), I, Kevin Landis, Chief Executive Officer of the Company, certify, pursuant to 18 U.S.C. §1350, as adopted pursuant to §906 of the Sarbanes-Oxley Act of 2002, to the best of my knowledge, that:




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




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





Date: March 14, 2014
By:
/s/ Kevin LandisKevin Landis

Chief Executive Officer and Chief Financial Officer

(Principal Executive Officer and Principal Financial Officer)
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 this Annual Report of PDK energy Corp, on Form 10-K for the year ending July   31, 2011, as filed with the Securities and Exchange Commission on the date hereof (the "Report"), I, Eric Joffe , Chief Executive Officer of the Company, certify to the best of my knowledge, pursuant to 18 U.S.C. Sec. 1350, as adopted pursuant to Sec. 906 of the Sarbanes-Oxley Act of 2002, that:





(1)  Such Annual Report on form 10-K for the year ending July  31, 2011, 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 Annual Report on Form 10-K for the year ending July 31, 2011 fairly presents, in all material respects, the financial condition and result of operations of CEPHAS HOLDING Corp.





October 31, 2011
By:
/s/ Eric JoffeEric Joffe,Chairman, President and Chief Executive Officer(Principal Executive Officer and Principal Financial Officer)
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 annual Report of Queensridge Mining Resources,
Inc. (the “Company”) on Form 10-K for the year ended June 30, 2011 filed with the Securities and Exchange Commission
(the “Report”), I, Philip Stromer, 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) of the Securities Exchange
Act of 1934; and



2.The information contained in the Report fairly presents, in all material respects, the consolidated
financial condition of the Company as of the dates presented and the consolidated result of operations of the Company for the periods
presented.



|By:    | /s/ Philip Stromer                                                   
|------ | ---------------------------------------------------------------------
|Name:  | Philip Stromer                                                       
|Title: | Principal Executive Officer, Principal Financial Officer and Director
|Date:  | October 13, 2011                                                     



This certification has been furnished solely pursuant to Section
906 of the Sarbanes-Oxley Act of 2002.
1)
    
    I have reviewed this Annual Report on Form 10-K of Northfield Bancorp, 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
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-15(e) and
15d-15(e)) 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; andc)
    
    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 (the
registrants fourth fiscal quarter in the case of an annual report) 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 the 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;
andb)
    
    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.
 /s/ Steven M. KleinSteven M. KleinExecutive Vice President andChief Financial
Officer
(Principal Financial and Accounting Officer)
EXHIBIT 12.1

CERTIFICATION

I, Soon Do Kwon, certify that:

1. I have reviewed this annual report on Form 20-F of Mirae Corporation;

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 company as of, and for, the periods presented in this report;

4. The companys other certifying officer and I are responsible for establishing and maintaining disclosure controls and procedures
(as defined in Exchange Act Rules 13a-15(e) and 15d-15(e)) for the company 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 company, 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
company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 companys internal control over financial reporting that occurred
during the period covered by the annual report that has materially affected, or is reasonably likely to materially affect, the companys internal control over financial reporting; and

5. The companys other certifying officer and I have disclosed, based on our most recent evaluation of internal control over financial reporting, to
the companys auditors and the audit committee of the company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 company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 companys internal control over financial reporting.

Date: June 30, 2006



/s/ Soon Do KwonName:

Soon Do KwonTitle:

Chief Executive Officer