alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
Exhibit 31.1
CERTIFICATION PURSUANT TO SECTION 302 OF THE SARBANES-OXLEY ACT OF 2002
I, Didier Pietri, President and Chief Executive Officer of Vialta, Inc.,certify that:
1.   I have reviewed this quarterly report on Form 10-Q of Vialta, Inc. (the“registrant”);
2.   Based on my knowledge, this report does not contain any untrue statementof a material fact or omit to state a material fact necessary to make thestatements made, in light of the circumstances under which such statements weremade, not misleading with respect to the period covered by this report;
3.   Based on my knowledge, the financial statements, and other financialinformation included in this report, fairly present in all material respectsthe financial condition, results of operations and cash flows of the registrantas of, and for, the periods presented in this report;
4.   The registrant’s other certifying officer(s) and I are responsible forestablishing and maintaining disclosure controls and procedures (as defined inExchange Act Rules 13a-15(e) and 15d-15(e)) for the registrant and have:
          (a)   Designed such disclosure controls and procedures, or caused suchdisclosure controls and procedures to be designed under our supervision, toensure that material information relating to the registrant, including itsconsolidated 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 controlsand procedures and presented in this report our conclusions about theeffectiveness of the disclosure controls and procedures, as of the end of theperiod covered by this report based on such evaluation; and
          (c)   Disclosed in this report any change in the registrant’s internalcontrol over financial reporting that occurred during the registrant’s mostrecent fiscal quarter (the registrant’s fourth fiscal quarter in the case of anannual report) that has materially affected, or is reasonably likely tomaterially affect, the registrant’s internal control over financial reporting;and
5.   The registrant’s other certifying officer(s) and I have disclosed, basedon our most recent evaluation of internal control over financial reporting, tothe registrant’s auditors and the audit committee of the registrant’s board ofdirectors (or persons performing the equivalent functions):
          (a)   All significant deficiencies and material weaknesses in the design oroperation of internal control over financial reporting which are reasonablylikely 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 otheremployees who have a significant role in the registrant’s internal control overfinancial reporting.   Date: November 13, 2003 /s/ Didier Pietri    Didier Pietri  President and Chief Executive Officer
##### 



EXHIBIT 32.1
 CERTIFICATION
  1.
    
    The Companys Annual Report on Form 10-K for the period ended December 31, 2007, to which
this Certification is attached as Exhibit 32.1 (the Annual Report), fully complies with the
requirements of Section 13(a) or Section 15(d) of the Exchange Act; and2.
    
    The information contained in the Annual Report fairly presents, in all material respects, the
financial condition and results of operations of the Company.
  /s/ Hollings C. RentonHollings C. RentonChairman of the Board, President
and Chief Executive Officer
(Principal Executive Officer) /s/ Gregory W. SchaferGregory W. SchaferVice President and Chief Financial Officer
(Principal Financial Officer) 
 A signed original of this written statement required by Rule 13(a)-14(b) of the Exchange Act
and Section 1350 of Chapter 63 of Title 18 of the United States Code (18 U.S.C. § 1350) has been
provided to Onyx Pharmaceuticals, Inc. and will be retained by Onyx Pharmaceuticals, Inc. and
furnished to the Securities and Exchange Commission or its staff upon request.This certification accompanies the Form 10-K to which it relates, is not deemed filed with the
Securities and Exchange Commission and is not to be incorporated by reference into any filing of
Onyx Pharmaceuticals, Inc. under the Securities Act of 1933, as amended, or the Securities Exchange
Act of 1934, as amended (whether made before or after the date of the Form 10-K), irrespective of
any general incorporation language contained in such filing.
organa_ex1002.htm


EXHIBIT 10.02


 


ORGANA GARDENS INTERNATIONAL INC. 


(the “Company”)


 


Consent to Act as Director


 


I hereby consent to act as a director of the Company and acknowledge that I am not disqualified to become or to act as a director under Chapter 78 of the Nevada Revised Statutes.


 


I hereby confirm that:


 



	
1

	
I am not under the age of 18 years;







 



	
2

	
I have not been found by a court, in the United States of America or elsewhere, to be incapable of managing my own affairs;







 



	
3

	
I am not an undischarged bankrupt; and







 



	
4

	
I have not been convicted in or out of Nevada of an offence in connection with the promotion, formation or management of a corporation or unincorporated business, or of an offence involving fraud.







 


In addition, the undersigned hereby consents to the holding of any meeting of the directors or of a committee of the directors of the Company by means of such telephonic, electronic or other communication facility, as permit all persons participating in the subject meetings to communicate adequately with each other.







This consent shall continue in effect from year to year so long as the undersigned is re-elected to the board of directors, provided that in the event that the undersigned revokes this consent or resigns from the board of directors, this consent shall cease to have effect from the date of receipt in writing by the Company of such revocation or resignation, as the case may be, or, if the latter, the effective date of such resignation.


 


DIRECTORS HAVE SUBSTANTIAL DUTIES AND OBLIGATIONS AND MAY BE SUBJECT TO SIGNIFICANT LIABILITIES. THE PERSON SIGNING THIS CONSENT SHOULD OBTAIN INDEPENDENT LEGAL ADVICE.


 



	
Dated:

	
February 1, 2012

	 
	 	 	 
	
Print name:

	
Matt Kelly

	 
	 	 	 
	
Address:

	
123 Van Horn Avenue


Holbrook, New York


11741


 

	 
	
Signature

	
/s/: Matt Kelly
#### SRSB-IV, LTD., et al., Plaintiffs, Counter-Defendants, v. CONTINENTAL SAVINGS ASSOCIATION, et al., Defendants, Counter-Plaintiffs, 3rd Party Plaintiffs. Gerald BROWN and Burton Sterman, Defendants In Intervention, Appellants, v. FEDERAL DEPOSIT INSURANCE CORPORATION, Intervenor/Receiver, Appellee.

No. 92-2317.

United States Court of Appeals, Fifth Circuit.

Nov. 24, 1992.

Eugene B. Wilshire, Jr., Wilshire, Scott & Dyer, Houston, Tex., for appellants.

E. Whitney Drake, F.D.I.C., Washington, D.C., Taylor M. Hicks, Andrews & Kurth, Houston, Tex., for appellee.

Before HIGGINBOTHAM, SMITH and DeMOSS, Circuit Judges.

PER CURIAM:

The Federal Deposit Insurance Corporation (“FDIC”), receiver of Mainland Savings Association, as appellee in the above referenced case, has moved the Court to remand the case to the U.S. District Court, in order to permit it to create a better record on appeal regarding the issue as to whether the actions taken by the original creditor in foreclosing on 1,000 shares of stock of a closely held corporation, put up as collateral for the original indebtedness herein were conducted in a commercially reasonable fashion. Such motion recognizes, inferentially at least, that the Trial *40Judge’s determination that the burden of proof was on the guarantors (“appellants” herein) to prove that the foreclosure process was *not*commercially reasonable, was erroneous in light of the holding of the Supreme Court of Texas in *Greathouse v. Charter National Bank-Southwest,*35 Tex.Sup.Ct.J. 1017, 1992 WL 379408 (July 1992) which was handed down some five months after the Trial Court’s ruling in the present case. The appellants, hoping that they had found a bird’s nest on the ground, opposed the motion to remand and call on us to reverse the Trial Court’s Judgment and render judgment in their favor relying on a recent decision of another panel of this Court in *Federal Deposit Insurance Corporation v. Payne,*973 F.2d 403 (5th Cir.1992). We believe, however, that *Payne*is factually distinguishable from the present case. In *Payne,*the FDIC neither specially pleaded the commercial reasonableness of the disposition of the diamond ring, nor generally pleaded that all requirements for the effective disposition of collateral had been met; and there was no notice of any kind to the debtor regarding the sale of the diamond ring. Whereas, in the instant case, there were pleadings on both sides of the issue and evidence of some actual notice to the debtor, but the dispute was as to the “reasonableness or not” of such notice.

Accordingly, we REVERSE the final judgment entered by the Trial Court in this cause under date of March 2, 1992, (including all interlocutory and preliminary judgments on liability and/or damages upon which the final judgment rests) and REMAND this case to the Trial Court for a new trial in accordance with the pleading and proof requirements established by the Supreme Court of Texas in *Greathouse.*

All other motions of either party are DENIED as moot.
This disposition is not appropriate for publication and is not precedent *

except as provided by 9th Cir. R. 36-3.

The panel unanimously concludes this case is suitable for decision **

without oral argument. See Fed. R. App. P. 34(a)(2).

NOT FOR PUBLICATION

UNITED STATES COURT OF APPEALS

 FOR THE NINTH CIRCUIT

WALTER M. SHAW, M.D.,

 Plaintiff - Appellant,

 v.

COUNTY OF SAN DIEGO; et al.,

 Defendants - Appellees.

No. 09-56102

D.C. No. 3:06-cv-02680-MMAPOR

MEMORANDUM*

Appeal from the United States District Court

for the Southern District of California

Michael M. Anello, District Judge, Presiding

Submitted November 16, 2010 ** 

Before: TASHIMA, BERZON, and CLIFTON, Circuit Judges. 

Walter M. Shaw, M.D., appeals pro se from the district court’s summary

judgment in his 42 U.S.C. § 1983 action alleging that defendants’ approval of a

fraudulent subdivision map violated his constitutional rights. We have jurisdiction

FILED

NOV 22 2010

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS
2 09-56102

under 28 U.S.C. § 1291. We review de novo, Olsen v. Idaho State Bd. of Med.,

363 F.3d 916, 922 (9th Cir. 2004), and we affirm.

The district court properly granted summary judgment on Shaw’s due

process claim because it is barred by the applicable statute of limitations, and Shaw

failed to raise a triable issue as to whether he is entitled to equitable tolling based

on his prior state court action. See Canatella v. Van De Kamp, 486 F.3d 1128,

1132-33 (9th Cir. 2007) (§ 1983 claims that were more than one year old as of

January 1, 2003 barred under California’s previous one-year statute of limitations);

Daviton v. Columbia/HCA Healthcare Corp., 241 F.3d 1131, 1141 (9th Cir. 2001)

(en banc) (equitable tolling during a plaintiff’s prior pursuit of a remedy in a

different forum does not apply to “a claim for a distinct wrong that was not the

basis of the earlier proceeding”). 

We do not consider Shaw’s contentions raised for the first time on appeal or

not supported by argument. See Travelers Prop. Cas. Co. of Am. v.

ConocoPhillips Co., 546 F.3d 1142, 1146 (9th Cir. 2008); Hilao v. Estate of

Marcos, 103 F.3d 767, 778 n.4 (9th Cir. 1996). 

Shaw’s remaining contentions are unpersuasive.

AFFIRMED.
```

[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[S. 1693 Introduced in Senate (IS)]

104th CONGRESS
  2d Session
                                S. 1693

 To require the Secretary of Labor to submit to Congress the report on 
 method of allocating administrative funds among States required under 
  section 304 of the Emergency Unemployment Compensation Act of 1991.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                             April 23, 1996

  Mr. Breaux introduced the following bill; which was read twice and 
                  referred to the Committee on Finance

_______________________________________________________________________

                                 A BILL

 
 To require the Secretary of Labor to submit to Congress the report on 
 method of allocating administrative funds among States required under 
  section 304 of the Emergency Unemployment Compensation Act of 1991.

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

SECTION 1. REPORT BY THE SECRETARY OF LABOR.

    Not later than 90 days after the date of the enactment of this 
section, the Secretary of Labor shall submit to the Congress the report 
required by section 304 of the Emergency Unemployment Compensation Act 
of 1991 (Public Law 102-164).
                                 <all>
```
EXHIBIT 31.2

CERTIFICATIONS

I,
Bernard F. Denoyer, certify that:

1)    I
have reviewed this report on Form 10-Q of Callisto Pharmaceuticals, 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;

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)) and internal control over financial reporting (as defined in Exchange Act Rules 13a-15(f) and 15d-15(f) for the
registrant and we have:



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);



Date: November 19, 2008

/s/ BERNARD F. DENOYER Bernard F. Denoyer Senior Vice President, Finance


---



QuickLinks
104TH CONGRESS

2D SESSION S. 1682

AN ACT

To authorize the Secretary of Transportation to issue a

certificate of documentation and coastwise trade endorsement for the vessel LIBERTY.

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

3 That notwithstanding sections 12106, 12107, and 12108

4 of title 46, United States Code, and section 27 of the Mer5 chant Marine Act, 1920 (46 U.S.C. App. 883), as applica6 ble on the date of enactment of this Act, the Secretary

7 of Transportation may issue a certificate of documentation

8 with appropriate endorsement for employment in the

9 coastwise trade for the vessel LIBERTY.

Passed the Senate July 29, 1996.

Attest:

Secretary.
104TH CONGRESS

2D SESSION S. 1682

AN ACT

To authorize the Secretary of Transportation to

wise trade endorsement for the vessel LIBERTY.issue a certificate of documentation and coast-
Exhibit 31.3

CERTIFICATIONS

I, David T. Hung, M.D., certify that:

1. I have reviewed this Amendment No. 1 to Annual Report on Form 10-K/A of Medivation, 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: May 2, 2011 |  |  |  |  |  | /s/ David T. Hung, M.D.              
|                  |  |  |  |  |  | David T. Hung, M.D.                  
|                  |  |  |  |  |  | President and Chief Executive Officer
----

            COUNCIL JOINT ACTION 2006/913/CFSP

of 7 December 2006         

amending and extending Joint Action 2004/847/CFSP on the European Union Police Mission in Kinshasa (DRC) regarding the Integrated Police Unit (EUPOL ‘Kinshasa’)

Extension into 2007

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on European Union and, in particular Article 14 and Article 25, third subparagraph, thereof,

Whereas:

HAS ADOPTED THIS JOINT ACTION:

Article 1

Joint Action 2004/847/CFSP is hereby amended as follows:

Article 2

The financial reference amount intended to cover the expenditure related to the mission for the period from 1 January 2007 until 30 June 2007 shall be a maximum amount of EUR 2 075 000.

Article 3

This Joint Action shall enter into force on the date of its adoption.

Article 4

This Joint Action shall be published in the Official Journal of the European Union.

Done at Brussels, 7 December 2006.

For the Council

The President

E. TUOMIOJA            

----

(1)OJ L 367, 14.12.2004, p. 30. Joint Action as last amended by Joint Action 2006/868/CFSP (OJ L 335, 1.12.2006, p. 50).

(2)OJ L 305, 24.11.2005, p. 44.

(3)OJ L 111, 25.4.2006, p. 12.

----
Form of Common Stock Certificate



 Exhibit 4.1 

 

	
	 




  
 SEE
RESTRICTIVE LEGENDS ON REVERSE SIDE HEREOF *CS-XX* PUMA BIOTECHNOLOGY, INC A Delaware Corporation *XXXXXXXX* Shares Common Stock THIS CERTIFIES THAT XXXXXXXXXXXXXXXXXXXX is the record holder of XXXXXXXXXXX(XXXXXXX) fully paid and non-assessable
shares of COMMON STOCK, par value $0.0001 per share, of PUMA BIOTECHNOLOGY, INC. (the “Corporation”), transferable only on the share register of the Corporation by the holder, in person or by such holder’s duly authorized attorney,
upon surrender of this Certificate properly endorsed or assigned.
 This Certificate and the shares represented
hereby shall be held subject to all of the provisions of the Certificate of Incorporation and the Bylaws of said Corporation and any amendments thereto, a copy of each of which is on file at the office of the Corporation and made a part hereof as
fully as though the provisions of said Certificate of Incorporation and Bylaws were imprinted in full on this Certificate, to all of which the holder of this Certificate, by acceptance hereof, assents and agrees to be bound. IN WITNESS WHEREOF, the
Corporation has caused this Certificate to be signed by its duly authorized officers this day of , 20. Secretary President and Chief Executive Officer









 FOR VALUE RECEIVED,
                                         HEREBY
SELLS, ASSIGNS AND TRANSFERS UNTO
                                         
                               , SHARES REPRESENTED BY THE WITHIN CERTIFICATE, AND DOES HEREBY
IRREVOCABLY CONSTITUTE AND APPOINT
                                         ATTORNEY
TO TRANSFER THE SAID SHARES ON THE BOOKS OF THE WITHIN-NAMED CORPORATION WITH FULL POWER OF SUBSTITUTION IN THE PREMISES. 
 DATED
            ,          
  

			
	IN PRESENCE OF	  	IN PRESENCE OF
		
	  
	  	  

	(Witness)	  	(Witness)
		
	  
	  	  

	(Shareholder)	  	(Shareholder)

 NO TRANSFER, SALE, ASSIGNMENT, PLEDGE, HYPOTHECATION OR OTHER DISPOSITION OF THE SECURITIES REPRESENTED BY THIS
CERTIFICATE MAY BE MADE EXCEPT (A) PURSUANT TO AN EFFECTIVE REGISTRATION STATEMENT UNDER THE SECURITIES ACT OF 1933, AS AMENDED, AND THE RULES AND REGULATIONS IN EFFECT THEREUNDER AND ALL APPLICABLE STATE SECURITIES OR “BLUE SKY” LAWS
(SUCH FEDERAL AND STATE LAWS, THE “SECURITIES LAWS”) OR (B) IF THE CORPORATION HAS BEEN FURNISHED WITH AN OPINION OF COUNSEL FOR THE HOLDER, WHICH OPINION AND COUNSEL SHALL BE REASONABLY SATISFACTORY TO THE CORPORATION, TO THE
EFFECT THAT SUCH TRANSFER, SALE, ASSIGNMENT, PLEDGE, HYPOTHECATION OR OTHER DISPOSITION IS EXEMPT FROM THE PROVISIONS OF THE SECURITIES LAWS.
##### 



EXHIBIT 10.11
 DIGENE CORPORATION
AMENDED AND RESTATED 1997 STOCK OPTION PLAN
 ARTICLE I
PURPOSE; EFFECTIVE DATE; DEFINITIONS
 Purpose Plan Company
 Effective Date
 Definitions
 Board
 Change of Control
 Code
 Committee
 Common Stock




---



##### 



Company
 Consultant
 Exchange Act
 Fair Market Value
 Option
 Option Agreement
 Option Shares
 Plan
 Termination of Engagement
 2




---



##### 



ARTICLE II
ADMINISTRATION
 Committee Administration
 Committee Composition
  Committee Powers
 3




---



##### 



Limitation on Receipt of Options by Committee Members
 Good Faith Determinations
 ARTICLE III
ELIGIBILITY; SHARES SUBJECT TO PLAN
 Eligibility
 Shares Subject to this Plan
 ARTICLE IV
STOCK OPTIONS
 Grant; Terms and Conditions
 Number of Shares
 4




---



##### 



Option Price
 Medium and Time of Payment
 Term and Exercise of Options
 Recapitalization; Reorganization
 5
               6




---



##### 



Rights as a Stockholder
 Modification, Extension and Renewal of Options
 Exercisability and Term of Options 7
        Other Terms and Conditions
 Inclusion of Prior Grants
 Number of SharesName of Consultant
    
    Date of Grant
    
    Subject to OptionsRobert McG. Lilley
    
    
    4/18/97
    
    
    
    125,000Gerson Dores
    
    
    7/18/97
    
    
    
    25,000Mark Van Asten
    
    
    7/18/97
    
    
    
    25,000Greg Brown
    
    
    7/18/97
    
    
    
    25,000
 ARTICLE V
MISCELLANEOUS
 Withholding Taxes
 8




---



##### 



Amendment, Suspension, Discontinuance or Termination of Plan
 Governing Law
 Designation
 Indemnification of Committee
 Reservation of Shares
 9




---



##### 



Application of Funds
 No Obligation to Exercise
 Uncertificated Shares i.e.
 Forfeiture for Competition
 Successors
 Engagement Rights
 Other Actions
 Tax Treatment and Characterization
 Legend
 10




---



##### 



Unfunded Status of Plan
 Listing and Other Conditions
    Construction
 11




---



##### 



Severability
 Headings
 As revised by the Board at its meeting held September 10, 1998  the last sentence of Section
4.1(d) amended regarding designation of a beneficiary and subsection (3) of the second sentence of
Section 4.1(h) amended regarding exercise by designated beneficiary.
 As amended and restated by the Board at its meeting held October 26, 2000  adding and clarifying
the definition Change of Control to Section 1.3(b) and replacing Section 4.1(e) to provide
amended provisions regarding the treatment of Options in the event of a Change of Control
transaction.
 As revised by the Committee at its meeting held July 26, 2006 to require stockholder approval of
any reduction of the exercise price of outstanding Options.
 12