alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
# C_2022171EN.01003202.xml

| 25.4.2022 | EN | Official Journal of the European Union | C 171/32 |
| --- | --- | --- | --- |

25.4.2022

EN

Official Journal of the European Union

C 171/32

---

Judgment of the General Court of 23 February 2022 — Lackmann Fleisch- und Feinkostfabrik v EUIPO — Schuju (Хозяин)

(Case T-184/21) (1)

(EU trade mark - Invalidity proceedings - EU word mark Хозяин - Earlier national figurative mark хозяюшка - Relative ground for refusal - Likelihood of confusion - Article 8(1)(b) of Regulation (EU) 2017/1001)

(2022/C 171/42)

Language of the case: German

Parties

Applicant: Lackmann Fleisch- und Feinkostfabrik GmbH (Bühl, Germany) (represented by: A. Lingenfelser, lawyer)

Defendant: European Union Intellectual Property Office (represented by: M. Eberl and D. Walicka, acting as Agents)

Other party to the proceedings before the Board of Appeal of EUIPO, intervener before the General Court: Peter Schuju (Borchen, Germany) (represented by: K. Borstel, lawyer)

Re:

Action brought against the decision of the First Board of Appeal of EUIPO of 9 December 2020 (Case R 2729/2019-1), relating to invalidity proceedings between Mr Schuju and Lackmann Fleisch- und Feinkostfabrik.

Operative part of the judgment

The Court:

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

1.

Dismisses the action;

| 2. | Orders Lackmann Fleisch- und Feinkostfabrik GmbH to pay the costs. |
| --- | --- |

2.

Orders Lackmann Fleisch- und Feinkostfabrik GmbH to pay the costs.

---

(1)  OJ C 242, 21.6.2021.

---
# C_2022095EN.01003801.xml

| 28.2.2022 | EN | Official Journal of the European Union | C 95/38 |
| --- | --- | --- | --- |

28.2.2022

EN

Official Journal of the European Union

C 95/38

---

Order of the President of the General Court of 8 December 2021 — Rooken and Others v Parliament

(Case T-723/21 R)

(Application for interim measures - Members of Parliament - Conditions of access to the Parliament’s buildings at its three places of work in connection with the health crisis - Application for suspension of operation of a measure - No urgency)

(2022/C 95/53)

Language of the case: French

Parties

Applicants: Robert Jan Rooken (Muiderberg, Netherlands) an 8 other applicants whose names are listed in the annex to the order (represented by: P. de Bandt, M. Gherghinaru and L. Panepinto, lawyers)

Defendant: European Parliament (represented by: S. Alves and A.-M. Dumbrăvan, acting as Agents)

Re:

Application under Articles 278 and 279 TFEU for the suspension of operation of the decision of the Bureau of the European Parliament of 27 October 2021 on the exceptional health and safety rules governing access to the Parliament’s buildings at its three places of work.

Operative part of the order

| 1. | The application for interim measures is dismissed. |
| --- | --- |

1.

The application for interim measures is dismissed.

| 2. | The order of 15 November 2021, Rooken and Others v Parliament (T-723/21 R), is set aside. |
| --- | --- |

2.

The order of 15 November 2021, Rooken and Others v Parliament (T-723/21 R), is set aside.

| 3. | The costs are reserved. |
| --- | --- |

3.

The costs are reserved.

---
```

                                                                  EXHIBIT 23.1

INDEPENDENT AUDITORS' CONSENT

We consent to the  incorporation  by reference in  Registration  Statements Nos.
33-42222, 33-41542, 33-41543, 33-59187, 33-60901, 33-60591, 33-82474, 333-68399,
333-42394  and  333-95113 of Sierra  Health  Services,  Inc. on Forms S-8 of our
report dated  January 30, 2002,  appearing in this Annual Report on Form 10-K of
Sierra Health Services, Inc. for the year ended December 31, 2001.

Las Vegas, Nevada
March 27, 2001
```
<TABLE> <S> <C>

<PAGE>

<ARTICLE> 5
       
<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                          DEC-31-1997
<PERIOD-START>                             JAN-01-1997
<PERIOD-END>                               MAR-31-1997
<CASH>                                            1059
<SECURITIES>                                         0
<RECEIVABLES>                                    25143
<ALLOWANCES>                                         0
<INVENTORY>                                      30149
<CURRENT-ASSETS>                                103678
<PP&E>                                           19778
<DEPRECIATION>                                    4783
<TOTAL-ASSETS>                                  139289
<CURRENT-LIABILITIES>                           130309
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                            25
<OTHER-SE>                                        5025
<TOTAL-LIABILITY-AND-EQUITY>                    139289
<SALES>                                          29640
<TOTAL-REVENUES>                                 29640
<CGS>                                            27258
<TOTAL-COSTS>                                    27258
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                1368
<INCOME-PRETAX>                                 (1199)
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                              (907)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                     (907)
<EPS-PRIMARY>                                   (0.04)
<EPS-DILUTED>                                   (0.04)
        

</TABLE>
EXHIBIT 32.1

                            CERTIFICATION PURSUANT TO
                             18 U.S.C. SECTION 1350
                             AS ADOPTED PURSUANT TO
                  SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

      In connection with the Quarterly Report of Whitemark Homes, Inc. (the
"Company") on Form 10-QSB for the period ended March 31, 2004 as filed with the
Securities and Exchange Commission on the date hereof (the "Report"), each of
the undersigned, in the capacities and on the dates indicated below, hereby
certifies pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906
of the Sarbanes-Oxley Act of 2002, that to his knowledge:

      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 operation of the
Company.


      Date: November 15, 2004

                                           /s/ Kenneth White
                                           Kenneth White
                                           President and Chief Executive Officer

                                           /s/ Russ Christensen
                                           Russ Christensen
                                           Principal Accounting Officer



      A signed original of this written statement required by Section 906, or
other document authentications, acknowledging, or otherwise adopting the
signature that appears in typed form within the electronic version of this
written statement required by Section 906, has been provided to Whitemark Homes,
Inc. and will be retained by Whitemark Homes, Inc. and furnished to the
Securities and Exchange Commission or its staff upon request.
<PAGE>
                                 SECOND AMENDMENT TO 
                          SECOND AMENDED AND RESTATED BYLAWS
                                           
    Section 2.10.2 of the Company's Second Amended and Restated Bylaws is
hereby amended in its entirety to read as set forth below:

2.10.2   VOTING RIGHTS OF CERTAIN CONTROL SHARES.  Notwithstanding any other
provision of the charter of the Corporation or these Bylaws, Subtitle 7 of
Title 3 of the Maryland General Corporation Law or any successor statute (the
"Maryland General Corporation Law") shall not apply to any acquisition of shares
of stock of the Corporation by (a) Hunt Acquisitions Partners, Ltd., a Delaware
limited partnership, RRH Corporation, a Delaware corporation (or any affiliate
thereof), or Ray L. Hunt (or any affiliate of Ray L. Hunt) (individually and
collectively referred to as "Hunt"), (b) USAA Real Estate Company, a Delaware
corporation, or United Services Automobile Association (or any direct or
indirect subsidiary thereof) (individually and collectively referred to as
"USAA"), (c) The Prudential Insurance Company of America, a New Jersey insurance
company ("Prudential"), or (d) State Street Bank and Trust Company, as Trustee
for Ameritech Pension Trust ("Ameritech").  This Section 2.10.2 may not be
amended or repealed, in whole or in part, at any time, whether before or after
an acquisition of "control shares" (as defined under the Maryland General
Corporation Law) by Hunt, USAA, Prudential or Ameritech, without the prior
written consent of such entities.
Exhibit 4.4


 


DESCRIPTION
OF REGISTRANT’S SECURITIES


REGISTERED
PURSUANT TO SECTION 12 OF THE


SECURITIES
EXCHANGE ACT OF 1934


 


Set forth below
is the description of each class of securities of Quantum Computing Inc. (the “Company”) outstanding as of December
31, 2020. The following description summarizes the most important terms of these securities. This summary does not purport to be
complete and is qualified in its entirety by the provisions of our Articles of Incorporation and our Bylaws, copies of which have
been previously filed with the Securities and Exchange Commission and are incorporated by reference into the Annual Report on Form
10-K for the year ended December 31, 2020. You should refer to our Articles of Incorporation, Bylaws and the applicable provisions
of the Delaware General Corporation Law for a complete description.


 


Common stock,
par value $0.0001 per share (the “Common Stock”) is the only class of our securities currently registered under Section
12 of the Securities Exchange Act of 1934 (the “Exchange Act”). Our Common Stock is quoted on the OTCQB under the symbol
“QUBT.”


 


Authorized
Common Stock


 


Our authorized
Common Stock consists of 250,000,000 shares.


 


Dividend Rights


 


Subject
to preferences that may apply to any shares of preferred stock outstanding at the time, the holders of our Common Stock may, receive
dividends out of funds legally available if our Board, in its discretion, determines to issue dividends and then only at the times
and in the amounts that our Board may determine. We have not paid any dividends on our Common Stock and do not contemplate doing
so in the foreseeable future. 


 


Voting Rights


 


Each
stockholder is entitled to one vote for each share of common stock held by such shareholder. 


 


No Preemptive
or Similar Rights


 


Our Common Stock
is not entitled to preemptive rights, and is not subject to conversion, redemption or sinking fund provisions.


 


Right to Receive
Liquidation Distributions


 


Holders
of common stock are entitled to dividends when, and if, declared by the Board of Directors out of funds legally available therefore;
and then, only after all preferential dividends have been paid on any outstanding Preferred Stock. The Company has not had any
earnings and it does not presently contemplate the payment of any cash dividends in the foreseeable future. 


 


Transfer Agent
and Registrar


 


The transfer agent and registrar for our
Common Stock is Worldwide Stock Transfer, LLC with an address at One University Plaza, Suite 505, Hackensack, NJ 07601. Their phone
number is (201) 820-2008.
# C_2022237EN.01002301.xml

| 20.6.2022 | EN | Official Journal of the European Union | C 237/23 |
| --- | --- | --- | --- |

20.6.2022

EN

Official Journal of the European Union

C 237/23

---

Appeal brought on 9 July 2021 by Valvis Holding SA against the judgment of the General Court (Fifth Chamber) delivered on 12 May 2021 in Case T-638/19, Sun Stars & Sons v EUIPO — Valvis Holding

(Case C-420/21 P)

(2022/C 237/28)

Language of the case: English

Parties

Appellant: Valvis Holding SA (represented by: M. Stănescu, D. Bogdan, G. Bozocea, avocats)

Other parties to the proceedings: Sun Stars & Sons Pte Ltd, European Union Intellectual Property Office

By order of 29 April 2022, the Court of Justice (Eighth Chamber) held that the appeal was dismissed as manifestly inadmissible and that Valvis Holding SA shall bear its own costs.

---
cc: Hon. Jerome Polaha, District Judge Vernon L. Hollis Reno City Attorney Washoe District Court Clerk

SUPREME COURT OF NEVADA 2

(0) 1947A
# C_2023271EN.01002402.xml

| 31.7.2023 | EN | Official Journal of the European Union | C 271/24 |
| --- | --- | --- | --- |

31.7.2023

EN

Official Journal of the European Union

C 271/24

---

Judgment of the General Court of 14 June 2023 — Covington & Burling and Van Vooren v Commission

(Case T-201/21) (1)

(Access to documents - Regulation (EC) No 1049/2001 - Standing Committee for Plants, Animals, Food and Feed - Individual positions of the Member States - Refusal to grant access - Article 4(3) of Regulation No 1049/2001 - Exception relating to protection of the decision-making process - Comitology - Regulation (EC) No 1925/2006)

(2023/C 271/35)

Language of the case: English

Parties

Applicants: Covington & Burling LLP (Saint-Josse-ten-Noode, Belgium), Bart Van Vooren (Meise, Belgium) (represented by: P. Diaz Gavier, lawyer)

Defendant: European Commission (represented by: C. Ehrbar and A. Spina, acting as Agents)

Re:

By their action based on Article 263 TFEU, the applicants seek the annulment of the implied decision of the European Commission of 12 March 2021 and of confirmatory decision C(2021) 2541 final of the Commission of 7 April 2021, by which their application for access to the documents relating to the voting of the Member States in a comitology procedure concerning the amendment of Annex III to Regulation (EC) No 1925/2006 of the European Parliament and of the Council as regards botanical species containing hydroxyanthracene derivatives was refused.

Operative part

The Court:

| 1. | Declares that there is no longer any need to adjudicate on the claim for annulment of the implied decision refusing access of 12 March 2021; |
| --- | --- |

1.

Declares that there is no longer any need to adjudicate on the claim for annulment of the implied decision refusing access of 12 March 2021;

| 2. | Annuls decision C(2021) 2541 final of the European Commission of 7 April 2021 to the extent that it refuses access to the individual votes of the representatives of the Member States on the basis of the second subparagraph of Article 4(3) of Regulation (EC) No 1049/2001 of the European Parliament and of the Council of 30 May 2001 regarding public access to European Parliament, Council and Commission documents; |
| --- | --- |

2.

Annuls decision C(2021) 2541 final of the European Commission of 7 April 2021 to the extent that it refuses access to the individual votes of the representatives of the Member States on the basis of the second subparagraph of Article 4(3) of Regulation (EC) No 1049/2001 of the European Parliament and of the Council of 30 May 2001 regarding public access to European Parliament, Council and Commission documents;

| 3. | Dismisses the action as to the remainder; |
| --- | --- |

3.

Dismisses the action as to the remainder;

| 4. | Orders the Commission to pay the costs. |
| --- | --- |

4.

Orders the Commission to pay the costs.

---

(1)  OJ C 217, 7.6.2021.

---
**Exhibit10.5.4**

 
| TO:      |   | Tim O’Neil                         |
|----------|--------|-----------------------------------------|
|     |   | CFO                                     |
|     |   | LOUD Technologies Inc.                  |
|     |   |                                    |
| From:    |   | Martin J. Coloson Jr.                   |
|     |   | First Vice President                    |
|     |   | Wachovia Capital Finance                |
|     |   |                                    |
| Date:    |   | May 11th, 2005                          |
|     |   |                                    |
| Subject: |   | US Bank Interest payment for April 2005 |

 

We understand that LOUD Technologies did not meet the Minimum ExcessAvailability test as defined in the Second Amended and Restated SubordinatedCredit Agreement between US Bank and LOUD Technologies.  Specifically, LOUD’s minimum availability wasbelow the $2,000,000 minimum requirement on April 27, 2005.  LOUD is not required to make a cash interestpayment to US Bank for the month of April 2005, due to the Minimum ExcessAvailability limitation.

 

LOUD Technologies wishes to avoid the default interest rate US Bank ispermitted to charge for failure to make the April 2005 interest payment.  Therefore, LOUD seeks consent from WachoviaCapital Finance for LOUD to make the April monthly interest payment to US Bank.

 

Wachovia Capital Finance agrees to permit LOUD Technologies to make theApril interest payment.

 

Wachovia Capital Finance is only agreeing to this waiver for the monthof April 2005.

 
| Approved by:              |
|---------------------------|
|                      |
|                      |
| /s/ Martin J. Coloson Jr. |   |
| Martin J.  Coloson Jr.    |
| Wachovia Capital Finance  |

 

----
#### MILLER *v.*WARDEN OF THE MARYLAND PENITENTIARY

[App. No. 56,

September Term, 1961.]

*Decided March 27, 1962.*

Before Bruñe, C. J., and Henderson, Hammond, Prescott, Horney and Marbury, JJ.

PER Curiam.

For the reasons stated by Judge Foster for dismissing the petition, the application for leave to appeal is denied.

*Application denied.*
EXHIBIT 32.1

CERTIFICATION PURSUANT TO  18 U.S.C. SECTION 1350,  AS ADOPTED PURSUANT TO  SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

In connection with the Annual Report of Fischer Imaging Corporation (the "Company") on Form 10-K for the year ending December 31, 2003
as filed with the Securities and Exchange Commission on the date hereof (the "Report"), I, Harris Ravine, Chief Executive Officer and President of the Company, certify, pursuant to 18 U.S.C.
§ 1350, as adopted pursuant to § 906 of the Sarbanes-Oxley Act of 2002, that:



/s/
Harris Ravine
Harris Ravine Chief Executive Officer and PresidentApril 14, 2004

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

---

QuickLinks
# C_2022148EN.01000901.xml

| 4.4.2022 | EN | Official Journal of the European Union | C 148/9 |
| --- | --- | --- | --- |

4.4.2022

EN

Official Journal of the European Union

C 148/9

---

Appeal brought on 10 November 2021 by Residencial Palladium, S.L. against the judgment of the General Court (Fifth Chamber) delivered on 1 September 2021 in Case T-566/20, Residencial Palladium v EUIPO — Palladium Gestión (Palladium Hotel Garden Beach)

(Case C-674/21 P)

(2022/C 148/12)

Language of the case: Spanish

Parties

Appellant: Residencial Palladium, S.L. (represented by: D. Solana Giménez, abogado)

Other parties to the proceedings: European Union Intellectual Property Office, Palladium Gestión, S.L.

By order of 22 February 2022, the Court (Chamber determining whether appeals may proceed) dismissed the request that the appeal be allowed to proceed and ordered Residencial Palladium, S.L. to bear its own costs.

---
251 La. 65

#### TENNESSEE GAS TRANSMISSION COMPANY v. VIOLET TRAPPING COMPANY, Inc.

No. 48874.

Supreme Court of Louisiana.

Oct. 11, 1967.

In re: Violet Trapping Company, Inc., applying for certiorari, or writ of review, to the Court of Appeal, Fourth Circuit, Parish of Plaquemines. 200 So.2d 428.

Writ refused. On the facts found by the Court of Appeal we find no error of law in its judgment.

SANDERS, J., concurs in the denial of the writ being of the opinion that the result 'is correct.

McCALEB and SUMMERS, JJ., are of the opinion that a writ should be granted.
EXHIBIT 99.1

CERTIFICATION PURSUANT TO 18 U.S.C. SECTION 1350,AS ENACTED PURSUANT TO SECTION
906 OF THE SARBANES-OXLEY ACT OF 2002

In connection with the Annual Report of CT Holdings, Inc. (the "Company") on
Form 10-KSB for the year ended December 31, 2002 as filed with the Securities
and Exchange Commission on the date hereof (the "Report"), I, Steven B. Solomon,
Chief Executive Officer of the Company, certify, pursuant to 18 U.S.C. Section
1350, as enacted 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.


/s/ STEVEN B. SOLOMON
---------------------
Steven B. Solomon
Chief Executive Officer

April 15, 2003


<PAGE>
<TABLE> <S> <C>

<PAGE>

<ARTICLE> 5

<S>                             <C>
<PERIOD-TYPE>                   9-MOS
<FISCAL-YEAR-END>                          DEC-26-1999
<PERIOD-START>                             DEC-28-1998
<PERIOD-END>                               SEP-26-1999
<CASH>                                           4,629
<SECURITIES>                                         0
<RECEIVABLES>                                   41,585
<ALLOWANCES>                                       500
<INVENTORY>                                     69,429
<CURRENT-ASSETS>                               127,939
<PP&E>                                         854,430
<DEPRECIATION>                                 495,681
<TOTAL-ASSETS>                                 577,213
<CURRENT-LIABILITIES>                           88,803
<BONDS>                                        473,684
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                       138,906
<OTHER-SE>                                    (226,691)
<TOTAL-LIABILITY-AND-EQUITY>                   577,213
<SALES>                                        572,376
<TOTAL-REVENUES>                               572,376
<CGS>                                          546,833
<TOTAL-COSTS>                                  546,833
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                              37,390
<INCOME-PRETAX>                                (60,263)
<INCOME-TAX>                                     1,344
<INCOME-CONTINUING>                            (61,607)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                   (61,607)
<EPS-BASIC>                                          0
<EPS-DILUTED>                                        0


</TABLE>