alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
exv4w2






Exhibit 4.2




AMENDMENT NO. 2 TO THE RIGHTS AGREEMENT



The Rights Agreement dated as of July 22, 2002, amended by Amendment to Rights Agreement, dated
December 14, 2010, by and between Matrixx Initiatives, Inc. and Corporate Stock Transfer Inc.
(“Rights Agreement”) is hereby amended by this Amendment No. 2 to the Rights Agreement
(“Amendment”) as follows:





	 	1.	 	Corporate Stock Transfer Inc. is hereby removed as Rights Agent
and Registrar and Transfer Company, a New Jersey corporation
(“R&T”), is hereby appointed as the successor Rights Agent with
the same powers, rights, duties and responsibilities as if it had been
originally named as Rights Agent.
	 
	 	2.	 	Section 21 is hereby amended by deleting the fifth sentence and
in its place substituting a new fifth sentence to read as follows:






	 	 	 	“Any successor Rights Agent, whether appointed by the
Company or by such a court, shall be a Person
organized and doing business under the laws of the
United States, the District of Columbia, or any other
state of the United States so long as such Person is
duly qualified and authorized to do business,
authorized to exercise corporate trust or stock
transfer powers and is subject to supervision or
examination by federal or state authority and is
registered as a Transfer Agent in accordance with the
applicable provisions of the Securities Exchange Act
of 1934, as amended, and is qualified to act as a
Transfer Agent under the rules of the New York Stock
Exchange and Nasdaq.”






	 	3.	 	Section 26 is hereby amended to show the Rights Agent’s address
as follows:






	 	 	 	Registrar and Transfer Company

Attention: Account Executive

10 Commerce Drive

Cranford, New Jersey 07016






	 	4.	 	All capitalized terms used but not defined in this Amendment
shall have the meaning ascribed to them in the Rights Agreement.
	 
	 	5.	 	This Amendment may be executed in any number of counterparts,
each of which shall for all purposes be deemed an original, and all of
which together shall constitute but one and the same instrument.




 









 












	 	6.	 	Except as provided herein, all remaining terms and provisions of
the Rights Agreement shall remain in full force and effect.





[Remainder of Page Intentionally Left Blank]




 









 





     IN WITNESS WHEREOF, the parties listed below have caused this Amendment to be duly executed on
this date.


Date: January 11, 2011




	 	 	 	 	 
	 	MATRIXX INITIATIVES, INC.

 	 
	 	By:  	                    /s/William J. Hemelt
 	 
	 	 	Name:  	William J. Hemelt 	 
	 	 	Title:  	President and Chief Executive Officer 	 
	 
	 	REGISTRAR AND TRANSFER COMPANY, as Rights Agent

 	 
	 	By:  	     /s/William P. Tatler
 	 
	 	 	Name:  	William P. Tatler 	 
	 	 	Title:  	Vice President 	 
	 


Acknowledged and Agreed:



CORPORATE STOCK TRANSFER, INC.




	 	 	 	 	 
	 
	 	 	 	 
	By:

	 	/s/Carylyn K. Bell
	 	 
	 

	 	 	 	 
	Name:

	 	Carylyn K. Bell	 	 
	Title:

	 	President
| Exhibit 32.1 |
|--------------|

 

 

 

**CERTIFICATION OF CHIEF EXECUTIVE OFFICER AND CHIEFFINANCIAL OFFICER**

**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, and as required by, 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002,that the Quarterly Report of Emerging Vision, Inc. (the “Company”) on Form 10-Q for the period ended September 30, 2005 fully complies with the requirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934, as amended, and that information contained in such Quarterly Report on Form 10-Q fairly presents, in all material respects, the financial condition and results of operations of the Company.

 

 

| Date: | November 14, 2005 |
|-------|-------------------|

 

| /s/ Christopher G. Payan |
|--------------------------|

Christopher G. Payan

Chief Executive Officer 

 

 

| /s/ Brian P. Alessi |
|---------------------|

Brian P. Alessi

Chief Financial Officer 

 

 

 

The foregoing certification is being furnished solely pursuant to Section 906 of the Sarbanes-Oxley Act of 2002 (subsections (a) and (b) of section 1350, chapter 63 of title 18, United States Code) and is not being filed as part of the Form 10-Q or as a separate disclosure document.

 

 

 

 

1
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<PERIOD-TYPE>                   9-MOS
<FISCAL-YEAR-END>                          DEC-31-1996
<PERIOD-START>                             JAN-01-1996
<PERIOD-END>                               SEP-30-1996
<CASH>                                         104,998
<SECURITIES>                                         0
<RECEIVABLES>                                1,033,054   
<ALLOWANCES>                                         0
<INVENTORY>                                          0
<CURRENT-ASSETS>                             1,176,499
<PP&E>                                       1,836,829
<DEPRECIATION>                               1,020,044
<TOTAL-ASSETS>                               1,993,284
<CURRENT-LIABILITIES>                          976,301
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                        62,575
<OTHER-SE>                                     855,825 
<TOTAL-LIABILITY-AND-EQUITY>                 1,993,284
<SALES>                                      5,074,387
<TOTAL-REVENUES>                             5,074,387     
<CGS>                                        3,298,657
<TOTAL-COSTS>                                4,536,604
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                              31,239
<INCOME-PRETAX>                                506,660
<INCOME-TAX>                                   193,000
<INCOME-CONTINUING>                            313,660
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                   313,660
<EPS-PRIMARY>                                     $.05
<EPS-DILUTED>                                     $.05
        


</TABLE>
**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 factor omit to state a material fact necessary to make the statements made, in light of thecircumstances under which such statements were made, not misleading with respect to the periodcovered by this report; 3.  Based on my knowledge, the financial statements, and other financial information included inthis report, fairly present in all material respects the financial condition, results ofoperations and cash flows of the registrant as of, and for, the periods presented in thisreport; 4.  The registrant’s other certifying officer and I are responsible for establishing andmaintaining disclosure controls and procedures (as defined in Exchange Act Rules 13a-15(e) and15d-15(e)) for the registrant and have:
     (a) Designed such disclosure controls and procedures, or caused such disclosure controlsand procedures to be designed under our supervision, to ensure that material informationrelating to the registrant, including its consolidated subsidiaries, is made known to us byothers within those entities, particularly during the period in which this report is beingprepared;
     (b) Evaluated the effectiveness of the registrant’s disclosure controls and procedures andpresented in this report our conclusions about the effectiveness of the disclosure controls andprocedures, 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 overfinancial reporting that occurred during the registrant’s most recent fiscal quarter (theregistrant’s fourth fiscal quarter in the case of an annual report) that has materiallyaffected, or is reasonably likely to materially affect, the registrant’s internal control overfinancial reporting; and
5.  The registrant’s other certifying officer and I have disclosed, based on our most recentevaluation of internal control over financial reporting, to the registrant’s auditors and theaudit committee of the registrant’s board of directors (or persons performing the equivalentfunctions):
     (a) All significant deficiencies and material weaknesses in the design or operation ofinternal control over financial reporting which are reasonably likely to adversely affect theregistrant’s ability to record, process, summarize and report financial information; and
     (b) Any fraud, whether or not material, that involves management or other employees whohave a significant role in the registrant’s internal control over financial reporting.    /s/Richard Okumoto   **Richard Okumoto** **Secretary and Chief Financial Officer**
Date: February 9, 2005
<TABLE> <S> <C>

<ARTICLE> 5
<LEGEND>
This schedule contains summary financial information extracted from Advanced
Lighting Technologies, Inc. condensed Consolidated Financial Statements for the
six months ended December 31, 1997 and is qualified in its entirety by reference
to such financial statements.
</LEGEND>
<MULTIPLIER> 1,000
       
<S>                             <C>
<PERIOD-TYPE>                   6-MOS
<FISCAL-YEAR-END>                          JUN-30-1998
<PERIOD-START>                             JUL-01-1997
<PERIOD-END>                               DEC-31-1997
<CASH>                                          16,508
<SECURITIES>                                     4,075
<RECEIVABLES>                                   33,717
<ALLOWANCES>                                       312
<INVENTORY>                                     35,158
<CURRENT-ASSETS>                                91,090
<PP&E>                                          57,608
<DEPRECIATION>                                   9,915
<TOTAL-ASSETS>                                 178,346
<CURRENT-LIABILITIES>                           24,936
<BONDS>                                          7,401
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                            16
<OTHER-SE>                                     141,151
<TOTAL-LIABILITY-AND-EQUITY>                   178,346
<SALES>                                         62,971
<TOTAL-REVENUES>                                62,971
<CGS>                                           36,306
<TOTAL-COSTS>                                   53,660
<OTHER-EXPENSES>                                 1,519
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                 343
<INCOME-PRETAX>                                  8,254
<INCOME-TAX>                                     2,971
<INCOME-CONTINUING>                              5,283
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                     5,283
<EPS-PRIMARY>                                     0.32
<EPS-DILUTED>                                     0.32
        

</TABLE>
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 Quarterly Report of Star Gas Partners, L.P. (the Partnership) and Star Gas Finance Company on Form 10-Q for the quarterly period ended
December 31, 2004 as filed with the Securities and Exchange Commission on the date hereof (the Report), I, Irik P. Sevin, Chief Executive Officer of the Partnership and Star Gas Finance Company, certify to my knowledge, pursuant to
Section 906 of the Sarbanes-Oxley Act of 2002 (18 U.S.C. Section 1350) 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 Partnership and Star Gas Finance Company.
| | --- | -------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------



|                 |  |                          |  |                               
|---------------- |  | ------------------------ |  | ------------------------------
|                 |  | STAR GAS PARTNERS, L.P. 
|                 |  | STAR GAS FINANCE COMPANY
|                 |  | By:                      |  | STAR GAS LLC (General Partner)
|                 |  |                         
|February 9, 2005 |  | By:                      |  | /s/    Irik P. Sevin          
|                 |  | Irik P. Sevin           
|                 |  | Chief Executive Officer 
|                 |  | Star Gas Partners, L.P. 
|                 |  | Star Gas Finance Company
No. 90-5823.

#### Mecom *v.*United States.

C. A. 5th Cir. Certiorari denied.
N O T FO R PUB L ICAT IO N UNITED STATES C OUR T OF APPEALS FOR THE NINTH C IR C UIT UNITED STATES OF AM ER IC A, Plaintiff - Appe lle e , v. IR AN M IC HAEL KESSELM AN, De fe nda

nt - Appe lla

nt. No. 13-30375

D.C . No. 2:13-c r-0011-SEH M EM O R ANDUM *

Appe a l from

the Unite d

Stat e s Distric t C ourt for the Distric t of M o nta

na Sam E. Ha ddon, Distric t

Judge , Pre siding Subm itte d August 26, 2014 ** B e fore : THOM AS, OW ENS, a nd FRIEDLAND, C irc uit Judge s. Iran M ic ha e l Ke s se lm an a ppe a ls from

the distric t c ourt’ s judgm e nt a nd c ha lle nge s his guilty -ple a c onvic tion a

nd 224-m onth se nt e nc e for c onspira c y to posse s s m e tha

m p he tam ine with intent to distribute , in viola tion of 21 U.S.C . § 846. Pursua nt to Ande rs v . C

alifornia , 386 U.S. 738 (1967), Ke s se lm an’ s c ounse l ha s 

# FIL ED AUG 28 2014 M OLLY C. DW Y ER, CLERK U
. S
. CO URT O F APPEALS

* This disposition is not a ppropria te for public at ion a

nd is not pre c e de nt e xc e pt a s provide d

by 9th C ir. R . 36-3. ** The pa

ne l una nim ously c onc lude s this c a se is suita ble for de c ision without oral a

rgum e nt. Se e Fe d. R . App. P. 34(a)(2).file d

a brie f stating tha

t the re are no grounds for re l ie f, a long with a m otion to withdra w a s c ounse l of re c ord. W e have provide d Ke sse lm an the opportunity to file a pro se supple m e nta l brie f. No pro se supple m e nta l brie f or answe ring brie f ha s be e n file d . Our inde pe nde nt re v i e w of the re c ord pursua nt to Pe nson v . Ohio , 488 U.S. 75, 80 (1988), disc lose s no a rgua ble grounds for re lie f a s to Ke sse lm an’ s c onvic tion. W e a c c ordingly a ffirm Ke sse lm an’ s c onvic tion. Ke sse lm an wa ive d the right to a ppe a l his se nte nc e . B e c a

use the re c ord disc lose s no a

rgua ble issue a s to theva lidity of the se nte nc ing wa ive r, we dism iss Ke sse lm an’ s a

p p e a l a s to his sente nc e . Se e Unite d State s v . W atson , 582 F.3d 974, 986-88 (9th C ir. 2009). C ounse l’ s m otion to withdra w is G RANT E D. AFFIRM E D in par t; DISM ISSE D in par t.

1 3 - 3 0 3 7 5 2
**Final Listing of Questionnaire Files for Steam Electric Rulemaking Record**

**Plant ID** 

### 07334 **Removed from Public**  **(Non-CBI) Docket**  **1 Copyright** 

**Flag 2**  **File Name Description**  

### x 07334\07334_Checklist_092810_version34.xls EPA Technical Review Checklist Workbook



### 07334\07334_Completeness_Checklist.xls EPA Completeness Review Checklist 

### 07334\07334_HardcopyLog.doc EPA log of hardcopy documents submitted 

### x 07334\07334_PartA.xls Plant submitted survey file 

### x 07334\07334_PartE.xls Plant submitted survey file 

### x 07334\07334_PartH.xls Plant submitted survey file



### 07334\Certification Statement Plant ID 07334.pdf Plant certification statement 

### x 07334\Supplemental Documents\07334_A5-2 Oneta Facility Map.pdf Plant submitted supplemental files to the survey 

### x 07334\Supplemental Documents\07334_A5-3 Pages from ON - Discharge Permit Water Balance.pdf Plant submitted supplemental files to the survey

1Final reviewed survey responses are located in the Steam Electric Technical Questionnaire Database
. 2Copyright documents are available from the docket.
| **Exhibit 32.2**                             |
|----------------------------------------------|
| **CERTIFICATION OF CHIEF FINANCIAL OFFICER** |
|                                         |  |
|                                              | I, Paul E. Atkiss, Chief Financial Officer of Viper Networks, Inc. (the “Small Business Issuer”) do hereby certify pursuant to Rule 15d-14(b) of the Securities Exchange Act of 1934, as amended, and Section 1350 ofChapter 63 of Title 18 of the United States Code that: |
|                     |  |  |
|                                              | (1)      | The Small Business Issuer’s Annual Report on Form 10-KSB for the year ended December 31, 2004 (the “Report”) to which this statement is filed as an exhibit, fully complies with the requirements of Section13(a) or 15(d) of the Securities Exchange Act of 1934, as amended; and |
|                                         |  |  |
|                                              | (2) | the information contained in the Report fairly presents, in all material respects, the financial condition and results of operations of the Small Business Issuer. |
|                                         |  |
| By:*/s/ Paul E. Atkiss* Paul E. Atkiss Chief Financial Officer |  |                                                                       Date:  April 15, 2005 |
|----------------------------------------------------------------|--|----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|
#### In the Matter of Manoj Kumar D. Patel, a Disbarred Attorney.

[631 NYS2d 516]

Motion for reargument of an order *511of this Court and for leave to appeal to the Court of Appeals denied in all respects, and petitioner’s application for the imposition of sanctions against the respondent denied. No opinion. Concur — Sullivan, J. P., Rosenberger, Rubin, Asch and Williams, JJ.
<TABLE> <S> <C>

<ARTICLE> 5
<MULTIPLIER> 1
       
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<PERIOD-TYPE>                   9-MOS
<FISCAL-YEAR-END>                          DEC-31-1996
<PERIOD-END>                               SEP-30-1996
<CASH>                                               0
<SECURITIES>                                         0
<RECEIVABLES>                                     7395
<ALLOWANCES>                                         0
<INVENTORY>                                          0
<CURRENT-ASSETS>                                290180
<PP&E>                                           94566
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<TOTAL-ASSETS>                                  751473
<CURRENT-LIABILITIES>                          2654713
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
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<TOTAL-COSTS>                                    71064
<OTHER-EXPENSES>                               1207021
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                              123263
<INCOME-PRETAX>                              (1256990)
<INCOME-TAX>                                       440
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<DISCONTINUED>                                       0
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<CHANGES>                                            0
<NET-INCOME>                                 (1247657)
<EPS-PRIMARY>                                   (0.33)
<EPS-DILUTED>                                     0.00
        

</TABLE>
UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 10-7453

UNITED STATES OF AMERICA,

Plaintiff – Appellee,

v.

BERNARD GIBSON, SR., a/k/a Bernard Willis,

Defendant – Appellant.

Appeal from the United States District Court for the District of 

Maryland, at Greenbelt. Peter J. Messitte, Senior District 

Judge. (8:94-cr-00454-PJM-2)

Submitted: February 10, 2011 Decided: February 18, 2011

Before WILKINSON and DAVIS, Circuit Judges, and HAMILTON, Senior 

Circuit Judge.

Affirmed by unpublished per curiam opinion.

Bernard Gibson, Sr., Appellant Pro Se. Sandra Wilkinson, 

Assistant United States Attorney, Baltimore, Maryland, for 

Appellee.

Unpublished opinions are not binding precedent in this circuit.
2

PER CURIAM:

Bernard Gibson, Sr., appeals the district court’s 

order denying his self-styled Fed. R. Crim. P. 36 motion. We 

have reviewed the record and find no reversible error. 

Accordingly, we affirm the district court’s order. See United 

States v. Gibson, No. 8:94-cr-00454-PJM-2 (D. Md. Oct. 8, 2010). 

We dispense with oral argument because the facts and legal 

contentions are adequately presented in the materials before the 

court and argument would not aid the decisional process.

AFFIRMED
Note to Docket EPA

- HQ

- OPA

- 2006

- 0090

Call with Region V

- Regional Response Team C ommittee Members

4 /1 6 /2015

EPA HQ staff participated in a call with representatives from the Regional R esponse Team for Region V (RRT V) Committee. The RRT V Committee is reviewing the proposed rule.

The focus of the presentation was on the proposed amendments to the Product Schedule listing requirements, the authorization of use provisions, and the proposed new requirements for monitoring dispersant use for major oil discharges, for subsea applications, and for prolonged surface applications.

A request was made that , if enough interest is voiced, EPA HQ p articipate in the upcoming RRT V meeting the week of April 20, 2015 to present information on the Subpart J rule.

EPA HQ Participants: Vanessa Principe Greg Wilson Leigh Dehaven

Call with Region V

- Regional Response Team Science and Technology Committee Members 4/21/2015

At the request of the Regional Response Team for Region V Science and Technology Committee, EPA HQ staff participated in a follow

- up call with their representatives.

The focus of the presentation was again on the proposed amendments to the Product Schedule listing requirements, the authorization of use provisions, and the proposed new requireme nts for monitoring dispersant use for major oil discharges, for subsea applications, and for prolonged surface applications.

EPA HQ Participants: Vanessa Principe Greg Wilson