alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
**EXHIBIT
31.3**
  
 
 **RULE
13a-14(a) CERTIFICATION OF CHIEF EXECUTIVE OFFICER**
 **PURSUANT
TO SECTION 302 OF THE SARBANES OXLEY ACT OF 2002**
 
 
  I, J.
Randolph Potter, certify that:
  1.
    I
      have reviewed this annual report on Form 10-K of Summit Financial
      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
      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; and5.
    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 controls 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.
 
 
 Date:
      April 29, 2005J.
      Randolph Potter, President and Chief Executive
Officer
Exhibit






AMENDMENT TO THE LSI CORPORATION
2003 EQUITY INCENTIVE PLAN


February 1, 2016


This Amendment (this “Amendment”) to the LSI Corporation 2003 Equity Incentive Plan, as amended (as amended, the “Plan”) is effective as of the date first set forth above, such amendment being approved by the Board of Directors of Broadcom Limited (the “Company”) pursuant to Section 11.2 of the Plan. The Plan is hereby amended as follows:


		
	1.
	The following will replace Section 2.11 of the Plan in its entirety:




“2.11    ‘Company’ means Broadcom Limited (Registration No. 201505572G), a limited company incorporated under the Republic of Singapore.”


		
	2.
	All references to “ordinary shares,” “shares,” “stock,” “common stock,” “shares of common stock” or other similar terms in the Plan shall refer to the ordinary shares of the Company.




		
	3.
	Except as provided in this Amendment, the Plan shall remain in full force and effect.












*    *    *    *    *
**Exhibit 10.19**

 

**FOURTHAMENDMENT**

**OFTHE**

**SKY FINANCIAL GROUP, INC.NON-QUALIFIED RETIREMENT PLAN**

(As Amendedand Restated Effective January 1, 1999) 

 

**WHEREAS**, Sky Financial Group, Inc. (the “Company”) maintains the Sky Financial Group, Inc. Non-Qualified Retirement Plan (the “Plan”) for a select group of its management andhighly compensated employees; 

 

**WHEREAS**, the Company has delegated authority to amend the Plan to the Sky Financial Group, Inc. Benefit Plans Committee (the “Committee”), and the Committee has determined that amendmentof the Plan is necessary and desirable. 

 

**NOW, THEREFORE,** pursuant to the power reserved to the Committee by Section 8.1 of the Plan, and by virtue of the authority delegated to the undersigned by resolution of the Committee, the Plan, aspreviously amended, be and is hereby amended further, effective as of April 1, 2002, in the following particulars: 

 

1. By substituting the following for Section 1.14 of the Plan: 

 

“1.14. ‘Director’ means an individual who is a member of the Board, a memberof the board of directors of an Affiliated Company, or a ‘Regional Board’ member.” 

 

2. By substituting the following for the second sentence of Section 2.3 of the Plan: 

 

“A Participant’s Compensation Deferral Agreement forany Plan Year must be in writing, signed by the Participant, and delivered to the Committee prior to January 1 of that Plan Year; except that, in the year in which an Eligible Employee or Director first becomes eligible to participate in the Plan(*i.e.,* due to hire or promotion), such Eligible Employee or Director may execute a Compensation Deferral Agreement, no later than 30 days after such initial eligibility, to defer Compensation for services to be performed subsequent to theelection.” 

 

 

3. By addingthe following new Section 2.13 to the Plan immediately after Section 2.12 thereof: 

 

“2.13. Company Contributions for Mid-Year Entrants. For purposes of determining the Company contributionsprovided for under Sections 2.4, 2.5 and 2.6 above, the ‘Compensation’ of an Eligible Employee or Director for the Plan Year in which he or she first becomes eligible to participate in the Plan (*i.e.,* due to hire, promotion ordesignation by the Committee), shall only include the Salary, Bonus, Director’s Fees or Director’s Retainer payable to such person on and after the first day that he or she first became an Eligible Employee or Director in that PlanYear.” 

 

*        *        * 

 

**IN WITNESS WHEREOF,** on behalf of the Committee, the undersigned Committee member hasexecuted this amendment this 8th day of May 2002. 

 

**SKY FINANCIAL GROUP,INC.**

**BENEFIT PLANSCOMMITTEE**

By:
   
A Member of the Committee
# United States Court of Appeals **for the Fifth Circuit**

No. 21-50286 Summary Calendar

United States of America,
Plaintiff—Appellee ,

versus
Jose Ivan Licona-Rodriguez,
Defendant—Appellant

.

Appeal from the United States District Court for the Western District of Texas USDC No. 4:20-CR-417-1

Before King, Costa, and Ho, Circuit Judges

Per Curiam: * Jose Ivan Licona-Rodriguez appe als the 24-month within-guidelines sentence imposed following his convicti on for illegal reentry into the United States after deportation, in violation of 8 U.S.C. § 1326(a), (b)(2). As his sole appellate issue, Licona-Rodriguez ar gues that the sentencing enhancement

* Pursuant to 5th Circuit Rule 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 Circuit Rule 47.5.4. United States Court of Appeals Fifth Circuit 

### FILED November 19, 2021 Lyle W. Cayce Clerk Case: 21-50286 Document: 00516101164 Page: 1 Date Filed: 11/19/2021No. 21-50286

2 under § 1326(b) is unconstitutional because the statute provides for a sentence above the otherwise applicab le statutory maximum based on facts that are not alleged in the indictmen t and not admitted or found beyond a reasonable doubt. Although Licona-Rod riguez concedes that his argument is foreclosed by Almendarez-Torres v. United States , 523 U.S. 224 (1998), he wishes to preserve it for further re view. The Government has moved without opposition for summary affirmance or, al ternatively, for an extension of time to file its brief.

As the Government asserts and as Licona-Rodriguez concedes, the sole issue raised on appeal is foreclosed by Almendarez-Torres

. See United States v. Wallace , 759 F.3d 486, 497 (5th Cir. 2014). Because the Government’s position “is clearly righ t as a matter of law so that there can be no substantial question as to the outcome of the case,” Groendyke Transp ., Inc. v. Davis , 406 F.2d 1158, 1162 (5th Cir. 1969), summary affirmance is appropriate. Accordingly, the motion for summary affirmance is GRANTED , and the judgment of the district court is AFFIRMED . The Government’s alternative motion for an extension of time to file its brief is DENIED as unnecessary. Case: 21-50286 Document: 00516101164 Page: 2 Date Filed: 11/19/2021
# C_2020433EN.01001001.xml

| 14.12.2020 | EN | Official Journal of the European Union | C 433/10 |
| --- | --- | --- | --- |

14.12.2020

EN

Official Journal of the European Union

C 433/10

---

Judgment of the Court (Tenth Chamber) of 22 October 2020 — Ethniko Kentro Erevnas kai Technologikis Anaptyxis (EKETA) v European Commission

(Case C-273/19 P) (1)

(Appeal - Arbitration clause - Regulation (EC, Euratom) No 1605/2002 - Article 52 - Regulation (EC) No 2321/2002 - Decision No 1513/2002/EC - Grant agreement - Sensation project - Sixth framework programme - Eligible costs - Conflict of interests - Burden of proof - Time sheets - Audit report - Probative value - Principle of good financial management - Principle of proportionality)

(2020/C 433/09)

Language of the case: Greek

Parties

Applicant: Ethniko Kentro Erevnas kai Technologikis Anaptyxis (EKETA) (represented by: V. Christianos and D. Karagkounis, dikigoroi)

Other party to the proceedings: European Commission (represented by: O. Verheecke and A. Katsimerou, acting as Agents)

Operative part of the judgment

The Court:

| 1. | Dismisses the appeal; |
| --- | --- |

1.

Dismisses the appeal;

| 2. | Orders Ethniko Kentro Erevnas kai Technologikis Anaptyxis (EKETA) to pay the costs. |
| --- | --- |

2.

Orders Ethniko Kentro Erevnas kai Technologikis Anaptyxis (EKETA) to pay the costs.

---

(1)  OJ C 182, 27.5.2019.

---
H. Res. 639 

In the House of Representatives, U. S., 

March 17, 2016. 

Resolved, That the Speaker is authorized to appear as 

amicus curiae on behalf of the House of Representatives in 

the Supreme Court in the matter of United States, et al. v. 

Texas, et al., No. 15–674, and to file a brief in support of 

the position that the petitioners have acted in a manner that 

is not consistent with their duties under the Constitution and 

laws of the United States. 

SEC. 2. The Speaker shall notify the House of Representatives of a decision to file one or more briefs as amicus 

curiae pursuant to this resolution. 

SEC. 3. The Office of General Counsel of the House of 

Representatives, at the direction of the Speaker, shall represent the House in connection with the filing of any brief 

as amicus curiae pursuant to this resolution, including super-
2 

•HRES 639 EH 

vision of any outside counsel providing services to the Speaker on a pro bono basis for such purpose. 

Attest: 

Clerk.
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GRFXPHQWV\RXZLOOQRWLFHDQHZVHFWLRQIRUWKHVHW\SHVRIVXEPLVVLRQVRQWKHQRWLILFDWLRQHPDLOV\RXUHFHLYH

regarding status changes of NCAH Portal submissions. 

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# C_2009220EN.01001701.xml

| 12.9.2009 | EN | Official Journal of the European Union | C 220/17 |
| --- | --- | --- | --- |

12.9.2009

EN

Official Journal of the European Union

C 220/17

---

Order of the Court (Fifth Chamber) of 3 June 2009 — Zipcar, Inc. v Office for Harmonisation in the Internal Market (Trade Marks and Designs)

(Case C–394/08 P) (1)

1

(Appeal - Community trade mark - Article 8(1)(b) of Regulation (EC) No 40/94 - Word mark ZIPCAR - Opposition by the proprietor of the national word mark CICAR)

2009/C 220/29

Language of the case: English

Parties

Parties

Appellant: Zipcar, Inc. (represented by: M. Elmslie, Solicitor)

Appellant:

Other party to the proceedings: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: D. Botis, Agent)

Other party to the proceedings:

Re:

Re:

Appeal against the judgment of the Court of First Instance (Eighth Chamber) of 25 June 2008 in Case T-36/07 Zipcar v OHIM dismissing an action for annulment brought by the applicant for registration of the word mark ‘ZIPCAR’ for goods in Classes 9, 39 and 42 against decision R 122/2006-2 of the Second Board of Appeal of the Office for Harmonisation in the Internal Market (OHIM) of 30 November 2006 rejecting the action against the decision of the Opposition Division partially refusing registration of that mark in opposition proceedings brought by the holder of the national word mark ‘CICAR’ for services in Class 39

Zipcar

OHIM

Operative part of the order

Operative part of the order

| 1. | The appeal is dismissed. |
| --- | --- |

1.

The appeal is dismissed.

| 2. | Zipcar Inc. is ordered to pay the costs. |
| --- | --- |

2.

Zipcar Inc. is ordered to pay the costs.

---

(1)  OJ C 285, 8.11.2008.

1

---
EXHIBIT 32.2

CERTIFICATIONS 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 Perfumania Holdings, Inc. (the Company) on Form 10-Q for the period ending November 1, 2008 as filed with the Securities and Exchange Commission (the Report), I, Donna Dellomo, Chief Financial
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, to my 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 operations of the Company.
| | -- | ----------------------------------------------------------------------------------------------------------------------------------------------------



By:

/s/    Donna DellomoDonna DellomoChief Financial OfficerDecember 15, 2008
```

[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[S. 1066 Introduced in Senate (IS)]

114th CONGRESS
  1st Session
                                S. 1066

    To amend title XVIII of the Social Security Act to provide for 
  coverage, as supplies associated with the injection of insulin, of 
 containment, removal, decontamination and disposal of home-generated 
    needles, syringes, and other sharps through a sharps container, 
   decontamination/destruction device, or sharps-by-mail program or 
         similar program under part D of the Medicare program.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                             April 23, 2015

Mr. Isakson (for himself and Mr. Coons) introduced the following bill; 
     which was read twice and referred to the Committee on Finance

_______________________________________________________________________

                                 A BILL

 
    To amend title XVIII of the Social Security Act to provide for 
  coverage, as supplies associated with the injection of insulin, of 
 containment, removal, decontamination and disposal of home-generated 
    needles, syringes, and other sharps through a sharps container, 
   decontamination/destruction device, or sharps-by-mail program or 
         similar program under part D of the Medicare program.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Medicare Safe Needle Disposal 
Coverage Act of 2015''.

SEC. 2. COVERAGE OF CONTAINMENT, REMOVAL, DECONTAMINATION AND DISPOSAL 
              OF HOME-GENERATED NEEDLES, SYRINGES, AND OTHER SHARPS 
              THROUGH A SHARPS CONTAINER, DECONTAMINATION/DESTRUCTION 
              DEVICE, OR SHARPS-BY-MAIL PROGRAM OR SIMILAR PROGRAM 
              UNDER MEDICARE PART D.

    (a) In General.--Section 1860D-2(e)(1)(B) of the Social Security 
Act (42 U.S.C. 1395w-102(e)(1)(B)) is amended by inserting after 
``regulations of the Secretary'' the following: ``and including devices 
approved for home use by the Food and Drug Administration for the safe 
and effective containment, removal, decontamination and disposal of 
home-generated needles, syringes, and other sharps through a sharps 
container, decontamination/destruction device, or sharps-by-mail 
program or similar program''.
    (b) Effective Date.--The amendment made by subsection (a) shall 
take effect on January 1, 2016.
                                 <all>
```
CERTIFICATE OF AMENDMENT
                                       OF
                      RESTATED CERTIFICATE OF INCORPORATION
                                       OF
                            IAT RESOURCES CORPORATION

The undersigned, being the President and Secretary, respectively, of IAT
Resources Corporation (the Corporation) DO HEREBY CERTIFY as follows:

1. The name of the Corporation is IAT Resources Corporation. The Corporation was
formed in the State of Delaware as Ventura Motion Picture Group, Ltd. on August
10, 1989. The Certificate of Incorporation was amended changing the name to The
Producers Entertainment Group, Ltd. A Certificate of Amendment of Restated
Certificate of Incorporation changing the name of the Corporation to IAT
Resources Corporation was filed by the Delaware Secretary of State on May 26,
1999.

2. The Restated Certificate of Incorporation of the Corporation is hereby
amended to change the name of the Corporation from IAT Resources Corporation to
NetCurrents, Inc.

3. The foregoing amendment of the Restated Certificate of Incorporation of the
Corporation has been duly adopted by the Corporation's Board of Directors and
Stockholders in accordance with the provisions of Section 242 of the Delaware
General Corporation Law.

IN WITNESS WHEREOF, the undersigned has subscribed this document on the date set
forth below.


Dated: December 22, 1999


                                       /S/ ARTHUR BERNSTEIN
                                     ------------------------------------------
                                     Arthur Bernstein, Executive Vice President
<PAGE>   1
                                                                   EXHIBIT 23.2

                   CONSENT OF INDEPENDENT PUBLIC ACCOUNTANTS

As independent public accountants, we hereby consent to the incorporation by
reference in the previously filed registration statements on Form S-8 (numbers
33-44575; 33-29174; 2-95271; 2-51637; 2-54043; 2-59535; 2-68747; 2-78831;
33-55083-01; 33-55083-02; 333-28229-01; 333-28229-02) of our report dated May 9,
1997, incorporated by reference to 3333 Holding Corporation and Subsidiary and
Centex Development Company, L.P. Annual Report on Form 10-K for the year ended
March 31, 1997, and to all references to our firm included in these
registration statements.

Arthur Andersen LLP

Dallas, Texas
     June 27, 1997