alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
Form of Series 9 Preferred Stock Certificate


 Exhibit 4.3 

 

					
	Number P9-        	  	CELL THERAPEUTICS, INC.	  	*            * Shares
		  	A Washington Corporation	  	Series 9 Preferred Stock

 THIS CERTIFIES THAT
*                                        
                                         
       * is the record holder of
*                                        
                
(                                         
   )* shares of Series 9 Preferred Stock of Cell Therapeutics, 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 Amended and Restated Articles of Incorporation and the Second Amended and Restated Bylaws of the 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 Amended and Restated Articles of Incorporation and Second Amended and Restated 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. 
 The shares represented by this
Certificate are convertible into shares of Common Stock as set forth in the Amended and Restated Articles of Incorporation of the Corporation. 
 The Corporation will furnish without charge to each shareholder who so requests, the powers, designations, preferences and relative, participating, optional or other special rights of each class of stock
or series thereof and the qualifications, limitations or restrictions of such preferences or rights. 
 IN WITNESS WHEREOF, the
Corporation has caused this Certificate to be signed by its duly authorized officers this      day of January, 2011. 
  

 

					
	  
 James A. Bianco, Chief
Executive Officer
	 		  	  

Louis A. Bianco, Executive Vice President, Finance and Administration








 FOR VALUE RECEIVED, THE UNDERSIGNED 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 SHARE
REGISTER OF THE WITHIN NAMED CORPORATION WITH FULL POWER OF SUBSTITUTION IN THE PREMISES. 

DATED                     

 
  

	
	  
 (Signature)



 NOTICE: THE SIGNATURE ON THIS ASSIGNMENT MUST CORRESPOND WITH
THE NAME AS WRITTEN UPON THE FACE OF THIS CERTIFICATE, IN EVERY PARTICULAR, WITHOUT ALTERATION OR ENLARGEMENT, OR ANY CHANGE WHATEVER.
No. 91-6289.

#### Walker *v.*United States.

C. A. 9th Cir. Certiorari denied.
Exhibit 10.1

 

FORM OF SUPPLEMENTAL INCENTIVE STOCK NOTICE

 

Mr. Bryan Hall

[Address]

 

This Supplemental Option Notice (the “Notice”) dated as of [Date], 2011 is being sent to you by Virgin Media Inc. (including any successor company, the “Company”) in order to amend the terms of the original Option Notice previously sent to you (the “Original Notice”) dated as of [Date] (the “Grant Date”).

 

The Original Notice granted you the Option (as such term is defined in the Original Notice) in recognition of your services as an employee of the Company.  The Company and you have agreed to amend the terms of the Original Notice as follows:

 

Paragraph 3 of the Original Notice is hereby amended in its entirety to read as follows:

 

“3.  Exercise Period. This Option shall stop vesting immediately from January 1, 2011  and any portion of the Option that is not vested at the time of such termination shall immediately be forfeited and cancelled.  Your right to exercise that portion of the Option that is vested as at January 1, 2011 shall terminate on the earlier of the following dates: (a) one year after the termination of your employment other than for Cause; (b) one year after your termination resulting from your retirement, disability or death; (c) the date on which your employment is terminated for Cause; and (d) December 31, 2011.”

 

Except as expressly amended or supplemented hereby, the Original Notice shall remain in full force and effect. This Notice is supplemental to the Original Notice and the Original Notice and this Notice shall be read and construed together.

 

 

	
 
    	
 
    	
VIRGIN   MEDIA INC.
    
	
 
    	
 
    	
 
    
	
 
    	
 
    	
 
    
	
 
    	
 
    	
By:
    	
 
    
	
 
    	
 
    	
Name:
    	
Scott   Dresser
    
	
 
    	
 
    	
Title:
    	
Secretary   and General Counsel
#### Oconto County, Appellant, vs. Lindgren and another, Respondents.

*October 8*

October 28, *1913.*

*Oconto Co. v. MacAllister, ante,‘p.*286, followed.

Appeal ‘from a judgment of the circuit court for Oconto county: S. IX Hastings, Judge. *Reversed.*

For the appellant there was a brief hy *Adolph P. Lehner,*district attorney, and *John B. Chase,*assistant district attorney, and oral argument hy *Mr. Chase.*

For the respondents there was a brief hy *Classon £ O’Kelliher,*and oral argument by *D. O. Classon*and *J. Y. O’Kelliher.*

The following opinion was filed October 28, 1913:

Timlin, J.

This case is in all respects similar to the cases of *Oconto Co. v. MacAllister, ante,*p. 286, 143 N. W. 702, except that the term of the county treasurer, *Lindgren,*expired on the first Monday of January, 1905, and except as to amounts. A demurrer to the complaint was sustained, and after the time for amending had expired judgment was entered thereon dismissing the complaint, and from this judgment the appeal is taken.

*304The case is ruled hy *Oconto Co. v. MacAllister, ante,*p. 286, 143 N. W. 702, and the judgment must be reversed and the cause remanded for further proceedings according to law.

*By the Court.*— It is so ordered.

A motion for a rehearing was made in this case, hut was after-wards abandoned.
Appendix A 

sUAS Make and Model 

User Manual Downloads 

DJI Phantom 3 Advance and DJI Phantom 3 Professional 

http://www.dji.com/product/phantom-3/download 

DJI Inspire 1 

http://www.dji.com/product/inspire-1/download 

 
Appendix B 

Forms 

Pilot Master Log 

Flight Safety 

Preflight Check List 

Flight Request/Release 

Smart Battery Guidelines 

Maintenance Log
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 accompanying Quarterly Report on Form 10-Q (the
"Report") of AMCON Distributing Company (the "Company") for the fiscal quarter
ended June 30, 2007, I, Christopher H. Atayan, Chief Executive Officer and
Vice Chairman of the Company, hereby certify pursuant to 18 U.S.C. Section
1350 as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, to
my knowledge, 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.


Date: July 17, 2007             /s/ Christopher H. Atayan
                                -------------------------
                                Title: Chief Executive Officer
                                        and Vice Chairman
<TABLE> <S> <C>

<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM FORM 10-Q
FINANCIAL STATEMENTS FILED FOR THE QUARTER ENDED MAY 31, 1999 AND IS QUALIFIED
IN ITS ENTIRETY BY REFERENCE TO SUCH FINANCIAL STATEMENTS.
</LEGEND>
<MULTIPLIER> 1,000

<S>                             <C>
<PERIOD-TYPE>                   9-MOS
<FISCAL-YEAR-END>                          AUG-31-1999
<PERIOD-END>                               MAY-31-1999
<CASH>                                           1,712
<SECURITIES>                                         0
<RECEIVABLES>                                    2,090
<ALLOWANCES>                                         0
<INVENTORY>                                          0
<CURRENT-ASSETS>                                12,304
<PP&E>                                         342,836
<DEPRECIATION>                                 145,705
<TOTAL-ASSETS>                                 231,118
<CURRENT-LIABILITIES>                          120,060
<BONDS>                                        163,600
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                        62,173
<OTHER-SE>                                    (126,205)
<TOTAL-LIABILITY-AND-EQUITY>                   231,118
<SALES>                                              0
<TOTAL-REVENUES>                                58,661
<CGS>                                                0
<TOTAL-COSTS>                                   40,909
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                    77
<INTEREST-EXPENSE>                               5,616
<INCOME-PRETAX>                                 35,990
<INCOME-TAX>                                    12,801
<INCOME-CONTINUING>                             23,189
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                    23,189
<EPS-BASIC>                                      .37
<EPS-DILUTED>                                      .37


</TABLE>
Exhibit No. 32.1
Form 10-QSB
Million Dollar Saloon, Inc.
File No. 0-27006

          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 Million  Dollar  Saloon,  Inc. (the
"Company") on Form 10-QSB for the period ending March 31, 2004 as filed with the
Securities and Exchange  Commission on the date hereof (the  "Report"),  I, Nick
Mehmeti,  Chief  Executive and 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:

     (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.


Date: May 8, 2004                                 By:      /s/ Nick Mehmeti
      -----------                                    ---------------------------
                                                                    Nick Mehmeti
                                                     Chief Executive Officer and
                                                         Chief Financial Officer


A signed  original of this  written  statement  required by Section 906 has been
provided to Million Dollar  Saloon,  Inc. and will be retained by Million Dollar
Saloon,  Inc. to be furnished to the Securities  and Exchange  Commission or its
staff upon request.
No. 85-5949.

#### White *v.*Missouri.

Ct. App. Mo., Western Dist. Motion of petitioner for leave to proceed *informa pauperis*and certiorari granted. Judgment vacated and case remanded for further consideration in light of *Griffith*v. *Kentucky, ante,*p. 314.
#### Roemer, Appellant, vs. Sensenbrenner and others, Respondents.

*March 6*

April *11, 1933.*

For the appellant there was a brief by *Benton, Bosser & Tuttrup*of Appleton, attorneys, and *Harold M. Wilkie*of Madison of counsel, and oral argument by *Mr. Roger R. Tuttrup, Mr. Wilkie,*and *Mr. Homer H. Benton.*

For the respondents there was a brief by *Quarles, Spence & Quarles,*attorneys, and *J. V. Quarles*and *C. B. Quarles*of counsel, all of Milwaukee, and oral argument by *J. V. Quarles.*

Fritz, J.

The facts in this case are substantially the same as in the companion case of Christina W. Thom against the same defendants, which is decided herewith *(ante,*p. 208, 247 N. W. 870); and the questions of law are identical. The decision in that case rules this.

*By the Court.*— Order affirmed.
<PAGE>   1

                                  Exhibit 11.1

<TABLE>
              Statement Regarding Computation of Per Share Earnings

                        Millennium Pharmaceuticals, Inc.



<CAPTION>
                                                THREE MONTHS ENDED
                                                     MARCH 31,
                                              1997             1996
                                         -----------------------------
<S>                                      <C>               <C>
Average common stock outstanding           26,605,287        3,174,250
Assumed conversion of Convertible
  Preferred Stock                                   -       12,109,721
Common stock equivalents                            -        3,883,235
                                         -----------------------------
      Total                                26,605,287       19,167,206
                                         =============================

Net loss                                 $(87,418,863)     $  (142,139)
                                         =============================

Net loss per share                       $      (3.29)     $     (0.01)
                                         =============================

</TABLE>
#### The People of the State of New York, Respondent, v Marcellus Johnson, Appellant.

[631 NYS2d 343]

Judgment, Supreme Court, New York County (Rose Rubin, J.), rendered May 21, 1993, convicting defendant, after a jury trial, of robbery in the second degree, and sentencing him, as a second violent felony offender, to a term of 6 to 12 years, unanimously affirmed.

Defense counsel’s conduct of this case included prolonged argument with the prosecutor and with the court over virtually every question posed to any witness, and repetitive *510questioning of virtually every witness. In these circumstances, the trial court appropriately exercised its discretion by posing clarifying questions to witnesses in order to keep the proceedings within the reasonable confines of the issues before the jury and to encourage clarity rather than obscurity in the development of proof *(People v Moulton,*43 NY2d 944). Further, the record indicates that counsel persisted in improper questioning of witnesses and repeatedly argued with the court and with the prosecutor in the presence of the jury, despite explicit rulings by the court and directions to desist. Having thus precipitated exchanges between the court and counsel during which counsel was appropriately reprimanded, defendant may not now claim that he was deprived of a fair trial *(People v Cummings,*162 AD2d 142, 144, *lv denied*76 NY2d 985).

Defendant’s current claim of improper admission of evidence of prior crimes through redirect testimony is unpreserved by appropriate objection (CPL 470.05; *People v McCoy,*160 AD2d 518, 519, *lv denied*76 NY2d 792). In any event, the court took appropriate immediate curative action to have the witness clarify his testimony to conform to the court’s proper ruling that, addressing the testimony elicited on cross-examination, the prosecutor could inquire only as to what the witness had observed. Further, any prejudice which might have occurred due to the evidentiary admission in this instance was occasioned by defense counsel himself when, during summation, he characterized the evidence as indicating that perhaps defendant was a "rinky dink hustler” *(see, supra).*

Defendant on appeal mischaracterizes certain arguments of the prosecutor on summation and claims error. A fair reading of the record indicates that various objections made during the prosecutor’s summation were properly sustained by the court, and that in all other respects the prosecutor’s summation comments constituted appropriate response to the defense summation *(People v Marks,*6 NY2d 67, *cert denied*362 US 912), and fair comment on the evidence presented within the broad bounds of rhetorical comment permissible in closing argument *(People v Galloway,*54 NY2d 396). Concur — Sullivan, J. P., Rubin, Kupferman, Asch and Nardelli, JJ.
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Exhibit 31.2

I, Brian P. Alessi, certify that:

         1. I have reviewed this Form 10-Q of Emerging Vision, 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 statement made, in light of the circumstances under which such statement was
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 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, 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; 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. 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):

         (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: May 16, 2005


/s/ Brian P. Alessi
-------------------
Brian P. Alessi
Chief Financial Officer
Exhibit 31.2



CERTIFICATION



I, Richard Okumoto, certify that:



1. I have reviewed this quarterly report on Form 10-Q of Photon Dynamics, 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)) 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; 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 (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; and



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):



(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.



|                                                     
|-----------------------------------------------------
|/s/ RICHARD OKUMOTO                                  
|Richard Okumoto Secretary and Chief Financial
Officer
|                                                     
|Date: August 16, 2004