alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
| **Name                of Subsidiary**   |   | **Country                of Incorporation** |
|-----------------------------------------|--------|---------------------------------------------|
|                                         |        |                                             |
| SQM                Industrial S.A.      |   | Chile                                       |
| SQM                Nitratos S.A.        |   | Chile                                       |
| SQM                Salar S.A.           |   | Chile                                       |
| Soquimich                Comercial S.A. |   | Chile                                       |
| SQM                North America Corp.  |   | USA                                         |
| SQM                Europe N.V.          |   | Belgium                                     |
NOTE: This order is nonprecedential.

United States Court of Appeals 

for the Federal Circuit ______________________

CHARLES E. DESHNER,

Claimant-Appellant

v.

DENIS MCDONOUGH, SECRETARY OF 

VETERANS AFFAIRS,

Respondent-Appellee

______________________

2021-2341

______________________

Appeal from the United States Court of Appeals for 

Veterans Claims in No. 20-2156, Judge Amanda L. Meredith.

______________________

Before DYK, REYNA, and STARK, Circuit Judges.

PER CURIAM.

O R D E R

Appellant appeals the determination by the United 

States Court of Appeals for Veterans Claims (“Veterans 

Court”) that he was not eligible for total disability individual unemployability (“TDIU”) status before 2016 based on 

appellant’s theory that two of his disabilities were combinable in 2015 because they resulted from a “common etiology.” 38 C.F.R. § 4.16(a). The Veterans Court concluded 

Case: 21-2341 Document: 34 Page: 1 Filed: 03/09/2023
2 DESHNER v. MCDONOUGH

that this theory had not been raised before the Board of 

Veterans’ Appeals (“Board”). Because of the remand in this 

case to the Board, the Board has before it the question of 

when appellant became entitled to schedular TDIU as a result of his 70% post-traumatic stress disorder disability. 

Appellant’s theories (1) in this appeal that his eligibility 

date for schedular TDIU precedes 2016 because of a combination of two of his disabilities and (2) in the remand proceeding that he is owed TDIU before 2016 because of his 

PTSD alone are part of a single claim. 

We “generally decline[] to review non-final orders of the 

Veterans Court.” Williams v. Principi, 275 F.3d 1361, 1363 

(Fed. Cir. 2002) (citation omitted). Under Williams, all theories to entitlement stemming from a single claim must be 

finally rejected by the Veterans Court to be fit for our review, with narrow exceptions not applicable here.

Accordingly,

IT IS ORDERED THAT:

The appeal is dismissed. Each party shall bear its own 

costs. 

March 9, 2023

 Date 

FOR THE COURT

/s/ Peter R. Marksteiner

Peter R. Marksteiner

Clerk of Court

Case: 21-2341 Document: 34 Page: 2 Filed: 03/09/2023
Exhibit
32.2





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 ZBB Energy Corporation (the “Company”)
on Form 10-Q for the period ended December 31, 2009 as filed with the
Securities and Exchange Commission on the date hereof (the “Report”), I,
Scott W. Scampini, Executive Vice President and Chief Financial Officer of the
Company, certify, pursuant to section Section 906 of the
Sarbanes-Oxley Act of 2002, 18 U.S.C. Section 1350, to my knowledge,
that:





(1) The
Report fully complies with the requirements of section 13(a) or 15(d) of
the Securities and 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.





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





/s/  Scott W.
      ScampiniScott
      W. Scampini(Principal
      Financial Officer)




February
17, 2010
Document Headings

                    Document headings vary by document type but may contain                    the following:                  
                -                       the agency or agencies that issued and signed a document                    
                -                       the number of the CFR title and the number of each part                      the document amends, proposes to amend, or is directly                      related to                    
                -                       the agency docket number / agency internal file number                    
                -                       the RIN which identifies each regulatory action listed in                      the Unified Agenda of Federal Regulatory and Deregulatory                      Actions                    

                    See the                                          Document Drafting Handbook                                        for more details.                  

###### Postal Service

# AGENCY:

                        Postal ServiceTM.                    

# ACTION:

Notice.

# SUMMARY:

The Postal Service gives notice of filing a request with the Postal Regulatory Commission to add a domestic shipping services contract to the list of Negotiated Service Agreements in the Mail Classification Schedule's Competitive Products List.

      ( print page 86687)    

# DATES:

*Date of required notice:*                         December 14, 2023.                    

# FOR FURTHER INFORMATION CONTACT:

Sean Robinson, 202-268-8405.

# SUPPLEMENTARY INFORMATION:

                    The United States Postal Service® hereby gives notice that, pursuant to 39 U.S.C. 3642 and 3632(b)(3), on December 8, 2023, it filed with the Postal Regulatory Commission a                     *USPS Request to Add Priority Mail & USPS Ground Advantage® Contract 136 to Competitive Product List.*                     Documents are available at                     *www.prc.gov,*                     Docket Nos. MC2024-104, CP2024-108.                

Sean Robinson,

Attorney, Corporate and Postal Business Law.

[FR Doc. 2023-27414 Filed 12-13-23; 8:45 am]

BILLING CODE 7710-12-P
Exhibit 32





CERTIFICATION OF CHIEF EXECUTIVE OFFICER AND CHIEF FINANCIAL OFFICER



Pursuant to § 906 of the Sarbanes-Oxley Act of 2002 (18 U.S.C. § 1350)



The undersigned, as the Chief Executive Officer and Chief Financial Officer of TransCommunity Financial Corporation, respectively, certify that, to the best of each such individuals knowledge and belief, the Quarterly Report on Form 10-Q/A for the period ended March 31, 2006, which accompanies this certification fully complies with the requirements of Section 13(a) of the Securities Exchange Act of 1934 and the information contained in the periodic report fairly presents, in all material respects, the financial condition and results of operations of TransCommunity Financial Corporation at the dates and for the periods indicated.  The foregoing certification is made pursuant to § 906 of the Sarbanes-Oxley Act of 2002 (18 U.S.C. § 1350) and shall not be relied upon for any other purpose.  The undersigned expressly disclaim any obligation to update the foregoing certification except as required by law.







|                                   
|-----------------------------------
|                                   
|/s/ Bruce B. Nolte                 
|Bruce B. Nolte                     
|President & Chief Executive Officer





|                       
|-----------------------
|                       
|/s/ William B. Littreal
|William B. Littreal    
|Chief Financial Officer





Dated: January 22, 2007
<PAGE>

EXHIBIT 10.1

COMPENSATION PLAN FOR EXECUTIVE OFFICERS 2005

On May 2, 2005, the Compensation Committee approved a compensation plan for
executive officers for 2005. Maximum cash bonus amounts for 2005 will be $1.5
million for executive officers as a team. Bonus awards will be based upon both
quantitative and qualitative performance criteria. The quantitative criteria
include financial objectives for overall Company performance, expressed as
"threshold levels" for three factors:

-     Revenues
-     Operating Income
-     Free Cash Flow (1)

Qualitative factors include the team's general execution of its business plan
for controlled, profitable growth by recruiting new independent sales groups,
increasing new merchant activations, managing attrition, maintaining pricing,
controlling costs, improving vendor relations and employee morale, and
developing new acquisition opportunities. Individual performance will be judged
in the context of each executive's functional role in the organization, the
leadership demonstrated in that role and the contribution to the team's success.

If material acquisitions or dispositions of assets are made, appropriate changes
will be made to the quantitative threshold levels to include the effects of
these acquisitions or divestitures.

Assuming the quantitative thresholds are achieved, the Compensation Committee,
in its sole discretion, will determine the cash bonus awards for the team and
each executive officer. The Committee may exercise its discretion to reduce, but
not increase, the amount otherwise payable under the Plan.

(1)   Defined as cash from operations minus capital expenditures before
      acquisitions. This is a non-GAAP performance measure and is intended
      solely for use in connection with this Compensation Plan and not as a
      measure of performance for investors.
```

[Congressional Record Volume 158, Number 116 (Wednesday, August 1, 2012)]
[Senate]
[Page S5805]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

              APPOINTMENT OF ACTING PRESIDENT PRO TEMPORE

  The PRESIDING OFFICER. The clerk will please read a communication to 
the Senate from the President pro tempore (Mr. Inouye).
  The assistant legislative clerk read the following letter:

                                                      U.S. Senate,

                                        President pro tempore,

                                   Washington, DC, August 1, 2012.
     To the Senate:
       Under the provisions of rule I, paragraph 3, of the 
     Standing Rules of the Senate, I hereby appoint the Honorable 
     Kirsten E. Gillibrand, a Senator from the State of New York, 
     to perform the duties of the Chair.
                                                 Daniel K. Inouye,
                                            President pro tempore.

  Mrs. GILLIBRAND thereupon assumed the chair as Acting President pro 
tempore.

                          ____________________
```
**EXHIBIT
      32**





**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 Reed’s Inc. (the Company) on Form 10-QSB
      for the period ending June 30, 2006 as filed with the Securities and Exchange
      Commission on the date hereof (the Report) I, Christopher J. Reed, Chief
      Executive Officer, President and Chief Financial Officer of the Company certify,
      pursuant to 18 U.S.C. §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; as amended, and




2.
            The
                information contained in such report fairly presents, in all material
                respects, the financial condition and results of operations of Reeds,
                Inc.








/s/
      Christopher J. Reed


Christopher
      J. Reed,


Chief
      Executive Officer, President


and
      Chief
      Financial Officer




August
      21, 2006
Document headings vary by document type but may contain
                    the following: the agency or agencies that issued and signed a document
the number of the CFR title and the number of each part
                      the document amends, proposes to amend, or is directly
                      related to
the agency docket number / agency internal file number
the RIN which identifies each regulatory action listed in
                      the Unified Agenda of Federal Regulatory and Deregulatory
                      Actions See the
                    Document Drafting Handbook
                    for more details.
 Small Business Administration [Disaster Declaration # 20139; NEW YORK Disaster Number NY-20005 Declaration of Economic Injury]
 AGENCY: U.S. Small Business Administration.
 ACTION: Notice.
 SUMMARY: This is a notice of an Economic Injury Disaster Loan (EIDL) declaration for the State of NEW YORK dated 12/19/2023. *Incident:*
                         Five-Alarm Fire. *Incident Period:*
                         08/20/2023.
 DATES: Issued on 12/19/2023. *Economic Injury (EIDL) Loan Application Deadline Date:*
                         09/19/2024.
 ADDRESSES: *Visit the MySBA Loan Portal at https://lending.sba.gov*
                         to apply for a disaster assistance loan.
 FOR FURTHER INFORMATION CONTACT: Alan Escobar, Office of Disaster Recovery & Resilience, U.S. Small Business Administration, 409 3rd Street SW, Suite 6050, Washington, DC 20416, (202) 205-6734.


SUPPLEMENTARY INFORMATION: Notice is hereby given that as a result of the Administrator's EIDL declaration, applications for disaster loans may be submitted online using the MySBA Loan Portal 
                    *https://lending.sba.gov*
                     or other locally announced locations. Please contact the SBA disaster assistance customer service center by email at 
                    *disastercustomerservice@sba.gov*
                     or by phone at 1-800-659-2955 for further assistance. The following areas have been determined to be adversely affected by the disaster: *Primary Counties:*
                     Kings. *Contiguous Counties:* New York: New York, Queens, Richmond The Interest Rates are: PercentBusiness and Small Agricultural Cooperatives without Credit Available Elsewhere
4.000Non-Profit Organizations without Credit Available Elsewhere
2.375
 The number assigned to this disaster for economic injury is 201390. The State which received an EIDL Declaration is New York. (Catalog of Federal Domestic Assistance Number 59008) Isabella Guzman, Administrator.


[FR Doc. 2023-28418 Filed 12-22-23; 8:45 am] BILLING CODE 8026-09-P
# C_2008008EN.01002501.xml

| 12.1.2008 | EN | Official Journal of the European Union | C 8/25 |
| --- | --- | --- | --- |

12.1.2008

EN

Official Journal of the European Union

C 8/25

---

Action brought on 21 November 2007 — RedEnvelope v OHIM — Red Letter Days (redENVELOPE)

(Case T-415/07)

(2008/C 8/45)

Language of the case: English

Parties

Applicant: RedEnvelope Inc. (San Francisco, United States) (represented by: A. Poulter, Solicitor)

Applicant:

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)

Defendant:

Other party to the proceedings before the Board of Appeal: Red Letter Days Ltd (London, United Kingdom)

Other party to the proceedings before the Board of Appeal:

Form of order sought

| — | Annul the decision of the First Board of Appeal dated 14 September 2007, No R 1117/2005-1, in so far as the decision provided for the admission of new evidence in support of the grounds of opposition; |
| --- | --- |

—

Annul the decision of the First Board of Appeal dated 14 September 2007, No R 1117/2005-1, in so far as the decision provided for the admission of new evidence in support of the grounds of opposition;

| — | order that the defendant pays the applicant's costs of this appeal. |
| --- | --- |

—

order that the defendant pays the applicant's costs of this appeal.

Pleas in law and main arguments

Applicant for the Community trade mark: The applicant

Applicant for the Community trade mark:

Community trade mark concerned: The figurative mark ‘redENVELOPE’ for services in classes 35 and 42 — application No 1 601 327

Community trade mark concerned:

Proprietor of the mark or sign cited in the opposition proceedings: Red Letter Days Ltd

Proprietor of the mark or sign cited in the opposition proceedings:

Mark or sign cited: The registered and non-registered national word and figurative marks ‘RED LETTER’, ‘RED LETTER DAYS’ and ‘RED LETTER DAYS PLC’ for goods and services in classes 9, 14, 16, 18, 21, 22, 25, 26, 33, 36, 39, 41, 42, 43 and 44

Mark or sign cited:

Decision of the Opposition Division: Opposition partially upheld

Decision of the Opposition Division:

Decision of the Board of Appeal: Annulment of the Opposition Division's decision and remittal of the case to the Opposition Division for further consideration in so far as it regards Article 8(4) of Council Regulation No 40/94

Decision of the Board of Appeal:

Pleas in law: Violation of Article 74(2) of Council Regulation No 40/94, as the Board of Appeal admitted new evidence, which will allow the Opposition Division to make a decision based on evidence, which was not available earlier in the proceedings and to which the applicant has not had an opportunity to respond before the Opposition Division.

Pleas in law:

---
#### UNITED STATES of America, Plaintiff-Appellee, v. Armando REYNA-SAUCEDA, Defendant-Appellant.

No. 04-41745.

Conference Calendar.

United States Court of Appeals, Fifth Circuit.

Aug. 17, 2005.

James Lee Turner, Assistant U.S. Attorney, U.S. Attorney’s Office, Southern District of Texas, Houston, TX, for PlaintiffAppellee.

Marjorie A. Meyers, Federal Public Defender, Philip G. Gallagher, Federal Public Defender’s Office, Southern District of Texas, Houston, TX, for D efendant-Appellant.

Before BENAVIDES, CLEMENT, and PRADO, Circuit Judges.

PER CURIAM: *

Armando Reyna-Saueeda appeals from his conviction of illegal reentry following deportation. He contends, for the first time on appeal, that the district court’s application of the formerly mandatory guideline sentencing scheme constituted per se reversible plain error, without consideration whether the district court might have imposed a lower sentence under the current, advisory sentencing scheme and that the felony and aggravated felony provisions of 8 U.S.C. § 1326(b) are unconstitutional facially and as applied to him.

Reyna correctly concedes that both of his contentions are foreclosed by this court’s precedents, but he raises them to preserve them for further review. First, a “Fanfan” error raised for the first time on appeal is reviewed for plain error. *United States v. Valenzuela-Quevedo,*407 F.3d 728, 732-33 (5th Cir.2005), *petition for cert. filed*(July 25, 2005) (No. 05-5556).

Reyna concedes that he cannot make a showing of prejudice because the district court did not indicate what it would have *82done under an advisory guideline sentencing scheme. Nothing in the record suggests that the district court might have imposed a lower sentence under an advisory guideline sentencing scheme. Reyna thus has not shown that his substantial rights were implicated. *See id.*at 733.

Second, *Apprendi v. New Jersey,*530 U.S. 466, 120 S.Ct. 2348, 147 L.Ed.2d 435 (2000), did not overrule *Almendarez-Torres v. United States,*523 U.S. 224, 118 S.Ct. 1219, 140 L.Ed.2d 350 (1998). *See Apprendi*530 U.S. at 489-90; *United States v. Dabeit,*231 F.3d 979, 984 (5th Cir.2000). The Court’s recent decisions in *Shepard v. United States,*— U.S. -, 125 S.Ct. 1254, 1262-63, 161 L.Ed.2d 205 (2005), *United States v. Booker,*— U.S. -, 125 S.Ct. 738, 769, 160 L.Ed.2d 621 (2005), and *Blakely v. Washington,*542 U.S. 296, 124 S.Ct. 2531, 2537, 159 L.Ed.2d 403 (2004), also did not overrule *Almendarez-Torres. See Shepard,*125 S.Ct. at 1262-63 *&*n. 5; *Booker,*125 S.Ct. at 756 (reaffirming *Apprendi); Blakely,*124 S.Ct. at 2536 (same). This court therefore must follow *Almendarez-Torres*“unless and until the Supreme Court itself determines to overrule it.” *Dabeit,*231 F.3d at 984 (internal quotation marks and citation omitted).

AFFIRMED.

*

 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.
<PAGE>

EXHIBIT 11.01


                                UNIFY CORPORATION
              STATEMENT REGARDING COMPUTATION OF NET LOSS PER SHARE
                      (IN THOUSANDS, EXCEPT PER SHARE DATA)
                                   (UNAUDITED)

<TABLE>
<CAPTION>

                                                      Three Months Ended Oct. 31,     Six Months Ended Oct. 31,
                                                      ---------------------------    ---------------------------
                                                          1996            1995           1996           1995
                                                      -----------       ---------    -----------    ------------
<S>                                                   <C>               <C>          <C>            <C>
Net loss                                               $  (1,576)       $  (362)     $  (1,389)     $  (1,341)
                                                      -----------       ---------    -----------    ------------
                                                      -----------       ---------    -----------    ------------

Weighted average common shares out-
  standing during the period                               7,917          1,104          3,726          1,196
Weighted average preferred shares and
  dividends outstanding on an as if
  converted basis                                               -         3,423          3,566          3,394
Common share equivalents for stock options
  and warrants issued at prices below the
  IPO price during the twelve month
  period prior to the offering                                  -         1,100              -          1,100
                                                      -----------       ---------    -----------    ------------
Total shares used in per share computation                 7,917          5,627          7,292          5,690
                                                      -----------       ---------    -----------    ------------
                                                      -----------       ---------    -----------    ------------

Net loss per share                                      $  (0.20)      $  (0.06)      $  (0.19)      $  (0.24)
                                                      -----------       ---------    -----------    ------------
                                                      -----------       ---------    -----------    ------------

</TABLE>