alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
# C_2008092EN.01001201.xml

| 12.4.2008 | EN | Official Journal of the European Union | C 92/12 |
| --- | --- | --- | --- |

12.4.2008

EN

Official Journal of the European Union

C 92/12

---

Reference for a preliminary ruling from the Bundesgerichtshof lodged on 14 January 2008 — Agricultural matter involving Erich Stamm, Anneliese Hauser and Regierungspräsidium Freiburg

(Case C-13/08)

(2008/C 92/20)

Language of the case: German

Referring court

Bundesgerichtshof

Parties to the main proceedings

Erich Stamm, Anneliese Hauser and Regierungspräsidium Freiburg

Question referred

Must Article 15(1) of Annex I to the Agreement between the European Community and its Member States, of the one part, and the Swiss Confederation, of the other, on the free movement of persons (1) be interpreted as meaning that, as regards access to a self-employed activity and the pursuit thereof, only self-employed persons within the meaning of Article 12(1) of Annex I to the agreement are to be afforded no less favourable treatment in the host country than that accorded to its own nationals, or does this also apply to self-employed frontier workers within the meaning of Article 13(1) of Annex I to the agreement.

1

---

(1)  OJ 2002 L 114, p. 6.

1

---
Exhibit 31.2



CERTIFICATION



I, Jaren Chan Eng Ann, CEO, certify that:



1. I have reviewed this quarterly report on Form 10-Q of Myoffiz, Inc.;



2. Based on my knowledge, this quarterly 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 quarterly report;



3. Based on my knowledge, the financial statements, and other financial information included in this quarterly 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 quarterly report;



4. I am 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 we 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 is made known to us by others within the Corporation, particularly during the period in which this quarterly 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; and



c) 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 that has materially affected, or is reasonably likely to materially affect, the registrant's internal control over financial reporting; and



5. I have disclosed, based on my 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 function):



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; and



b) 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.



|March 17, 2004 | /s/    Jaren Chan Eng Ann
|-------------- | -------------------------
|               | Jaren Chan Eng Ann       
|               | Chief Executive Officer
Exhibit 32.1 - Chief Executive Officer Certification (Section 906)

                                  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  Playlogic  Entertainment,  Inc.
(the"Company")  on Form 10-QSB for the period ending June 30, 2005 as filed with
the Securities  and Exchange  Commission on the date hereof (the  "Report"),  I,
Willem M. Smit, Chief Executive 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, to the best of my knowledge and belief:

         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/ Willem M. Smit
-----------------------
Willem M. Smit
Chief Executive Officer
President and Director


Date  August 19, 2005
Exhibit 99.4

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

The undersigned hereby certifies,  in accordance with 18 U.S.C. Section 1350, as
adopted  pursuant  to  Section  906 of the  Sarbanes-Oxley  Act of 2002,  in his
capacity as an officer of Emmis Operating Company (the "Company"),  that, to his
knowledge:

(1)      the  Quarterly  Report of the Company on Form 10-Q for the period ended
         August 31, 2002,  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 such report fairly presents,  in all material
     respects, the financial condition and results of operations of the Company.

Dated:  October 14, 2002


                                             /s/ WALTER Z. BERGER
                                             Walter Z. Berger
                                             Executive Vice President, Treasurer
                                             and Chief Financial Officer
#### UNITED STATES of America, Appellee, v. Frank GRASSO, Defendant-Appellant.

No. 191 Docket 93-1227.

United States Court of Appeals, Second Circuit.

Argued Sept. 17, 1993.

Decided Sept. 29, 1993.

*88Deirdre A. Keating, Albany, NY, for defendant-appellant.

George A. Yanthis, Asst. U.S. Atty., N.D. New York, Albany, NY (Gary L. Sharpe, U.S. Atty., N.D. New York, of counsel), for appellee.

Before: OAKES, PRATT, and MAHONEY, Circuit Judges.

PER CURIAM:

Defendant-appellant Frank Grasso appeals from a judgment of conviction and resulting sentence imposed March 19, 1993 in the United States District Court for the Northern District of New York, Thomas J. MeA-voy, *Judge,*following Grasso’s plea of guilty to three specifications of a petition alleging that he violated the conditions of his supervised release. The court sentenced Grasso to an eight-month term of imprisonment.

Violations of probation and supervised release are not subject to the adjustments of offense level for which provision is made in chapter three of the Sentencing Guidelines. *See*U.S.S.G. ch. 7, pt. A. Indeed, an entirely separate “Revocation Table,” rather than the generally applicable “Sentencing Table,” is provided for violations of probation and supervised release, and the Revocation Table does not employ offense levels. *See*U.S.S.G. § 7B1.4, p.s. Accordingly, we shall construe Grasso’s appeal as challenging the district court’s refusal to depart downwardly from the range of imprisonment specified in § 7B1.4, rather than as seeking a reduction in offense level, for Grasso’s acceptance of responsibility.

The district court’s refusal to depart downwardly, however, is not cognizable on appeal as long as the court recognized that it had the authority to depart. We have so decided with respect to downward departures from sentencing ranges set forth in the Sentencing Table. *See United States v. Ritchey,*949 F.2d 61, 63 (2d Cir.1991) (collecting cases). Perceiving no basis for a distinction, we now extend this rule to sentencing ranges set forth in the Revocation Table. In the instant case, the district court clearly acknowledged that it had the authority to depart from the guideline range; it simply declined to do so.

Grasso argues in effect that it is a violation of equal protection to allow an adjustment of the offense level for acceptance of responsibility with respect to the Sentencing Table, but not to employ offense levels with respect to the Revocation Table. He contends that as a result, a defendant sentenced under the Revocation Table for a violation of probation or supervised release is consigned to a plea for a downward departure, rather than an adjustment of his offense level, for acceptance of responsibility. We discern no irrationality in the Sentencing Commission’s choice of different structures and approaches for the Sentencing Table and Revocation Table. Indeed, there is a world of difference between sentencing in the first instance and revoking probation or supervised release.

We accordingly affirm the judgment of conviction and the sentence imposed by the district court.
EXHIBIT 31.1
                                 CERTIFICATIONS

I, Erwin Haitzmann, certify that:

     1. I have  reviewed  this  annual  report on Form 10-K of Century  Casinos,
Inc.;

     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;

     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;

     4. The  registrant's  other  certifying  officers 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  annual  report is
     being prepared;

          b) evaluated the effectiveness of the registrant's disclosure controls
     and  procedures and presented in this annual report our  conclusions  about
     the effectiveness of the disclosure controls and procedures,  as of the end
     of the period covered by this annual report based on such evaluation; and

          c)  disclosed  in this  annual  report any change in the  registrant's
     internal  control  over  financial   reporting  that  occurred  during  the
     registrant's most recent fiscal quarter 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  officers 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 function):

          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; and

          b) 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:  March 8, 2004

/s/ Erwin Haitzmann
--------------------------------
Erwin Haitzmann
Chairman and Chief Executive Officer
Exhibit 10.21 Full and Final Settlement


Exhibit 10.21




150 Orchard Road

Orchard Plaza, 08-02

Singapore, 238841




T: +65 6333 7234

F: +65 6333 7235










Volition Research Limited

82Z Portland Place

London, W1B 1NS







11 August 2011







Dear Sirs




Full and Final Settlement between Volition Research Ltd and Singapore Volition Ptd. Limited.




Under the terms of the Service Agreement dated [Date] 2011 between Singapore Volition Pte. Limited (“Volition”) and Volition Research Ltd (“Research”), Volition has a debt owing to Research in the amount of US$105,000.00 (the “Debt”) for the provision of business development services over the period of the Agreement.




The Board of Volition after careful consideration proposes that an offer be made to Research to convert the amount of the Debt to 350,000 (Three hundred and fifty thousand) ordinary shares in Volition (the “Shares”) at a rate of US$0.30 per share (the “Conversion Rate”) in full satisfaction of the Debt.




By signing this letter Research hereby agrees and accepts the Shares as a full and final settlement of the Debt due under the Service Agreement and hereby releases Volition (and its parent or subsidiaries) from any further payment to Research for services under the Service Agreement.




Research warrants that in relation to the Shares that:




(a)

the Shares shall not be disposed of by Research without the prior written consent of the CEO of Volition; and

(b)

the Shares shall only be disposed of by Research in an orderly market manner.




Please indicate your acceptance of the conversion of this Debt to Shares as per the terms referred to above by signing below. By signing this letter the parties agree that a scanned or facsimile signature may substitute for and have the same legal effect as an original signature.




Yours faithfully




/s/ Cameron Reynolds                   

Cameron Reynolds

CEO

Singapore Volition Pte. Limited




Agreed and accepted by:




/s/ Dr. Martin Charles Faulkes.  

Dr. Martin Charles Faulkes

for and on behalf of

Volition Research Limited

 

___________________________________________________________________________________________________________

Singapore Volition Pte. Limited

(Registered in Singapore with Company No. 201016543R)

e-mail : info@volitionrx.com  website : www.volitionrx.com
Exhibit 23.2Consent of Independent Registered Public Accounting FirmWe consent to the reference to our firm under the caption“Experts” and to the use of our report dated March 15,2007, in Amendment No. 3 to the Registration Statement (Form S-4) and related Prospectus of Skilled Healthcare Group, Inc. for the registration of $200,000,000 of its 11% Senior Subordinated Notes due 2014.         /s/ Ernst & Young LLP         Orange County, California
Exhibit 31.2


I, Jaren Chan, CEO, certify that:

1. I have reviewed this quarterly report on Form 10-Q of Myoffiz,
Inc.;

2. Based on my knowledge, this quarterly 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 quarterly report;

3. Based on my knowledge, the financial statements, and other
financial information included in this quarterly 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 quarterly report;

4. I am 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 we 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 is made known to us by others within the Corporation,
particularly during the period in which this quarterly 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; and

      c) 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 that has materially affected,
or is reasonably likely to materially affect, the registrant's
internal control over financial reporting; and

5. I have disclosed, based on my 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 function):

      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; and

      b) 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.






   January 14, 2004               /s/    Jaren Chan
                                  ----------------------
                                  Jaren Chan
                                  Chief Executive Officer
104TH CONGRESS

2D SESSION S. 1457

AN ACT

To authorize the Secretary of Transportation to issue a

certificate of documentation with appropriate endorsement for employment in the coastwise trade for the vessel

SHOGUN, and for other purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,
2

S 1457 ES

1 SECTION 1. VESSEL DOCUMENTATION.

2 Notwithstanding section 27 of the Merchant Marine

3 Act, 1920 (46 U.S.C. App. 883), section 8 of the Act of

4 June 19, 1886 (24 Stat. 81, chapter 421; 46 U.S.C. App.

5 289), and sections 12106 through 12108 of title 46,

6 United States Code, the Secretary of Transportation may

7 issue a certificate of documentation with appropriate en8 dorsement for employment in the coastwise trade for the

9 vessel SHOGUN, United States official number 577839.

Passed the Senate July 29, 1996.

Attest:

Secretary.
104TH CONGRESS

2D SESSION S. 1457

AN ACT

To authorize the Secretary of Transportation to

other purposes.wise trade for the vessel SHOGUN, and forpriate endorsement for employment in the coastissue a certificate of documentation with appro-
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








The
undersigned hereby certifies, pursuant to 18 U.S.C. Section 1350, as adopted
pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that this Quarterly
Report on Form 10-Q for the period ended March 31, 2008 fully complies with the
requirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934,
as amended, and the information contained in such report fairly presents, in all
material respects, the financial condition and results of operations of the
Company.





This 15th
day of May, 2008.







/s/ Daniel R. FurthDaniel
      R. FurthExecutive
      Vice President and Principal Financial
Officer
##### 



Exhibit 12 COOPER INDUSTRIES, LTD.
COMPUTATION OF RATIOS OF EARNINGS TO FIXED CHARGES
(Dollar Amounts in Thousands)
(Unaudited) Six Months EndedJune 30,
    
    Year Ended December 31,2004
    
    2003
    
    2003
    
    2002
    
    2001
    
    2000
    
    1999Interest Expense
    
    $
    34,300
    
    
    $
    39,600
    
    
    $
    74,100
    
    
    $
    74,500
    
    
    $
    84,700
    
    
    $
    100,300
    
    
    $
    55,200Capitalized Interest
    
    
    
    
    
    
    
    
    
    
    
    
    
    
    
    
    
    
    1,462
    
    
    
    3,946
    
    
    
    Estimated Interest Portion of
Rent Expense
    
    
    5,617
    
    
    
    6,033
    
    
    
    12,183
    
    
    
    14,679
    
    
    
    13,369
    
    
    
    15,614
    
    
    
    13,948Fixed Charges
    
    $
    39,917
    
    
    $
    45,633
    
    
    $
    86,283
    
    
    $
    89,179
    
    
    $
    99,531
    
    
    $
    119,860
    
    
    $
    69,148Income From Continuing
Operations Before Income Taxes
    
    $
    202,000
    
    
    $
    164,800
    
    
    $
    346,500
    
    
    $
    280,200
    
    
    $
    316,400
    
    
    $
    549,900
    
    
    $
    518,600Add: Fixed Charges
    
    
    39,917
    
    
    
    45,633
    
    
    
    86,283
    
    
    
    89,179
    
    
    
    98,069
    
    
    
    115,914
    
    
    
    69,148Less: Equity in (Earnings) /
Losses
of Less Than 50% Owned
Companies
    
    
    (1,535
    )
    
    
    (1,363
    )
    
    
    (2,534
    )
    
    
    (2,969
    )
    
    
    (2,922
    )
    
    
    (3,367
    )
    
    
    (1,069
    )Earnings Before Fixed Charges
    
    $
    240,382
    
    
    $
    209,070
    
    
    $
    430,249
    
    
    $
    366,410
    
    
    $
    411,547
    
    
    $
    662,447
    
    
    $
    586,679Ratio of Earnings to Fixed Charges
    
    
    6.0
    x
    
    
    4.6
    x
    
    
    5.0
    x
    
    
    4.1
    x
    
    
    4.1
    x
    
    
    5.5
    x
    
    
    8.5
    x
<TABLE> <S> <C>

<ARTICLE> 5
       
<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                          DEC-31-1996
<PERIOD-START>                             JUL-01-1996
<PERIOD-END>                               SEP-30-1996
<CASH>                                         128,039
<SECURITIES>                                       600
<RECEIVABLES>                                   37,789
<ALLOWANCES>                                         0
<INVENTORY>                                          0
<CURRENT-ASSETS>                               166,428
<PP&E>                                       4,001,642
<DEPRECIATION>                               1,617,600
<TOTAL-ASSETS>                               2,550,470
<CURRENT-LIABILITIES>                           11,713
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                             0
<OTHER-SE>                                   2,538,757
<TOTAL-LIABILITY-AND-EQUITY>                 2,550,470
<SALES>                                              0
<TOTAL-REVENUES>                               121,513
<CGS>                                                0
<TOTAL-COSTS>                                   20,649
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                   0
<INCOME-PRETAX>                                100,864
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                            100,864
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                   100,864
<EPS-PRIMARY>                                    11.41
<EPS-DILUTED>                                    11.41
        

</TABLE>