alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
<PAGE>   1


                                                                EXHIBIT 99.3

                        REPORT OF INDEPENDENT ACCOUNTANTS


We have examined the accompanying management's assertion that, as of December
31, 1996, Bank One, Arizona, N.A. maintained effective internal control over the
servicing of motor vehicle retail installment sale contracts for the Banc One
Auto Grantor Trust 1996-B.

Our examination was made in accordance with standards established by the
American Institute of Certified Public Accountants and, accordingly, included
obtaining an understanding of the internal control over the loan servicing
process, testing and evaluating the design and operating effectiveness of the
internal control, and such other procedures as we considered necessary in the
circumstances. We believe that our examination provides a reasonable basis for
our opinion.

Because of inherent limitations in any internal control, errors or
irregularities may occur and not be detected. Also, projections of any
evaluation of the internal control over the loan servicing process to future
periods are subject to the risk that the internal control may become inadequate
because of changes in conditions, or that the degree of compliance with the
policies and procedures may deteriorate.

In our opinion, management's assertion that Bank One, Arizona, N.A. maintained
effective internal control over the servicing of motor vehicle retail
installment sale contracts for the Banc One Auto Grantor Trust 1996-B as of
December 31, 1996, is fairly stated, in all material respects, based upon
criteria established by the Committee of Sponsoring Organizations of the
Treadway Commission (COSO) as described in Internal Control--Integrated
Framework.

/s/ Coopers & Lybrand L.L.P.
----------------------------

Columbus, Ohio
March 24, 1997


<PAGE>   2







                      Assertion by Bank One, Arizona, N.A.


Bank One, Arizona, N.A. services the motor vehicle retail installment sale
contracts for the Banc One Auto Grantor Trust 1996-B. Bank One, Arizona, N.A.
maintained effective internal control over the loan servicing for the Banc One
Auto Grantor Trust 1996-B as of December 31, 1996, based upon criteria
established by the Committee of Sponsoring Organizations of the Treadway
Commission (COSO) as described in Internal Control--Integrated Framework.



/s/ Tom Lewis
-------------
Tom Lewis
Vice President
**Exhibit
      32.1**





CERTIFICATION
      OF PRESIDENT AND CHIEF EXECUTIVE OFFICER


PURSUANT
      TO 18 U.S.C. ss. 1350,


AS
      ADOPTED PURSUANT TO


SECTION
      906 OF THE SARBANES-OXLEY ACT OF 2002





In
      connection with the Annual Report of ATSI Communications, Inc. on Form 10-KSB
      for the period ending July 31, 2006, as filed with the Securities and Exchange
      Commission on the date hereof, I, Arthur L. Smith, President and Chief Executive
      Officer of the Company, certify, pursuant to 18 U.S.C, ss. 1350, as adopted
      pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that,





|1) | the
              Report complies with the requirements of section 13(a) or 15(d) of
              the
              Securities Exchange Act of 1934; and
|-- | ---------------------------------------------------------------------------------------------------------------------------------------------------------




|2) | the
              information in the Report fairly presents, in all material respects,
              the
              financial condition and result of operations of the
              Company.
|-- | -------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------




By
      /s/
      Arthur L. Smith





Arthur
      L.
      Smith


President
      and


Chief
      Executive Officer


October
      30, 2006
**Exhibit 99.1**

**Certification Pursuantto****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 Daou Systems, Inc. (the “Company”) on Form 10-Q for the period ending March 31, 2003 as filed with the Securities and Exchange Commission on the date hereof (the“Report”), I, Daniel J. Malcolm, Chief Executive Officer and President 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 theSecurities Exchange Act of 1934; and

(2)

The information contained in theReport fairly presents, in all material respects, the financial condition and results of operations of the Company.

 

| /s/ DANIEL J. MALCOLM                                                      |   |   |   |
|----------------------------------------------------------------------------|--------|--------|--------|
|                                                                            |   |   |   |
| **Daniel J. Malcolm****Chief Executive Officer and President**May 15, 2003 |   |   |   |

 

A signed original ofthis written statement required by Section 906 has been provided to Daou Systems, Inc., and will be retained by Daou Systems, Inc. and furnished to the Securities and Exchange Commission or its staff upon request.
<PAGE>

                                                                  Exhibit 10.18A


                    FIRST AMENDMENT TO EMPLOYMENT AGREEMENT

          THIS FIRST AMENDMENT (this "Amendment") is made as of this 16th day of
                                                                     ----
March, 2001 to that certain EMPLOYMENT AGREEMENT, dated as of December 21, 1999
(the "Employment Agreement"), by and between R. NEAL BLACK ("Employee") and JOS.
A. BANK CLOTHIERS, INC. ("Employer").

               FOR GOOD AND VALUABLE CONSIDERATION, the receipt and adequacy of
which are hereby acknowledged, Employer and Employee, being the sole parties to
the Employment Agreement, hereby amend the Employment Agreement as follows:

          1. Subject to earlier termination otherwise set forth in the
Employment Agreement, the last day of the Employment Period shall be February 1,
2003.

          2. Effective July 1, 2000 and unless otherwise increased in the
discretion of the Company, Base Salary shall be $252,475.

          Except as specifically amended hereby, the Employment Agreement shall
remain in full force and effect according to its terms. To the extent of any
conflict between the terms of this Amendment and the terms of the remainder of
the Employment Agreement, the terms of this Amendment shall control and prevail.
Capitalized terms used but not defined herein shall have those respective
meanings attributed to them in the Employment Agreement. This Amendment shall
hereafter be deemed a part of the Employment Agreement for all purposes.

          IN WITNESS WHEREOF, the parties hereto have executed this Amendment as
of the date first above written.

JOS. A. BANK CLOTHIERS, INC.

By::   /s/: Robert N. Wildrick                          /s/: R. Neal Black
   -------------------------------                      -------------------
   Robert N. Wildrick,                                  R. NEAL BLACK
   Chief Executive Officer
United States Court of Appeals

For the Eighth Circuit

___________________________

No. 13-1273

___________________________

United States of America

lllllllllllllllllllll Plaintiff - Appellee

v.

Shannon E. Williams

lllllllllllllllllllll Defendant - Appellant

____________

 Appeal from United States District Court 

for the District of Nebraska - Omaha

____________

 Submitted: October 28, 2013

Filed: November 4, 2013

[Unpublished]

____________

Before SMITH, MELLOY, and BENTON, Circuit Judges.

____________

PER CURIAM.

Following the dismissal of a petition to revoke his supervised release, federal

inmate Shannon Williams filed a motion in the district court1

 seeking attorney’s fees

1

The Honorable Lyle E. Strom, United States District Judge for the District of

Nebraska.
under the Hyde Amendment. See Pub. L. 105-119, Title VI § 617, 111 Stat. 2519

(reprinted in 18 U.S.C. § 3006A, historical and statutory notes) (in criminal case, court

may award attorney’s fees to prevailing party, where it finds position of United States

was vexatious, frivolous, or in bad faith). The district court denied the motion,

determining there was no evidence that the government’s petition for revocation was

vexatious, frivolous, or in bad faith. Williams appeals. Upon careful review, we

conclude that the district court did not abuse its discretion in denying the motion for

attorney’s fees or the request for a hearing. See United States v. Porchay, 533 F.3d

704, 711 (8th Cir. 2008) (denial of attorney’s fees under Hyde Amendment reviewed

for abuse of discretion); United States v. Bowman, 380 F.3d 387, 390 (8th Cir. 2004)

(per curiam) (denial of hearing on motion for attorney’s fees under Hyde Amendment

reviewed for abuse of discretion). Accordingly, we affirm. See 8th Cir. R. 47B.

______________________________

-2-
# C_2004118EN.01000801.xml

| 30.4.2004 | EN | Official Journal of the European Union | C 118/8 |
| --- | --- | --- | --- |

30.4.2004

EN

Official Journal of the European Union

C 118/8

---

JUDGMENT OF THE COURT

JUDGMENT OF THE COURT

(Fifth Chamber)

of 29 April 2004

in Case C-159/01: Kingdom of the Netherlands v Commission of the European Communities (1)

1

(State aid - Partial exemption from mineral levies for crops grown under glass or on substrate)

(2004/C 118/14)

Language of the case: Dutch

In Case C-159/01: Kingdom of the Netherlands (Agent: J. van Bakel) with an address for service in Luxembourg v Commission of the European Communities (Agents: D. Triantafyllou and H. van Vliet) with an address for service in Luxembourg — application for the partial annulment of Commission Decision 2001/371/EC of 21 December 2000 on the exemption from mineral levies under the manure law which the Netherlands intends to grant (OJ 2001 L 130, p. 42), — the Court (Fifth Chamber), composed of: P. Jann, acting for the President of the Fifth Chamber, A. Rosas and S. von Bahr (Rapporteur), Judges; P. Léger, Advocate General; M.-F. Contet, Principal Administrator, for the Registrar, has given a judgment on 29 April 2004 in which it:

| 1) | Dismisses the application; |
| --- | --- |

1)

Dismisses the application;

| 2) | Orders the Kingdom of the Netherlands to pay the costs. |
| --- | --- |

2)

Orders the Kingdom of the Netherlands to pay the costs.

---

(1)  OJ C 212, 28.7.2001.

1

---
<TABLE> <S> <C>

<PAGE>
<ARTICLE> 5
<MULTIPLIER>                                     1,000

<S>                             <C>                     <C>
<PERIOD-TYPE>                   3-MOS                   9-MOS
<FISCAL-YEAR-END>                          MAR-31-2000             MAR-31-2000
<PERIOD-START>                             OCT-01-1999             APR-01-1999
<PERIOD-END>                               DEC-31-1999             DEC-31-1999
<CASH>                                      14,904,873              14,904,873
<SECURITIES>                                 9,912,120               9,912,120
<RECEIVABLES>                                  372,740                 372,740
<ALLOWANCES>                                         0                       0
<INVENTORY>                                          0                       0
<CURRENT-ASSETS>                            25,309,387              25,309,387
<PP&E>                                       1,553,813               1,553,813
<DEPRECIATION>                               1,002,674               1,002,674
<TOTAL-ASSETS>                              27,014,359              27,014,359
<CURRENT-LIABILITIES>                          294,365                 294,365
<BONDS>                                              0                       0
<PREFERRED-MANDATORY>                                0                       0
<PREFERRED>                                 15,292,000              15,292,000
<COMMON>                                       263,970                 263,970
<OTHER-SE>                                   9,164,024               9,164,024
<TOTAL-LIABILITY-AND-EQUITY>                27,014,359              27,014,359
<SALES>                                              0                       0
<TOTAL-REVENUES>                             2,012,693               3,868,566
<CGS>                                                0                       0
<TOTAL-COSTS>                                  513,880                 644,510
<OTHER-EXPENSES>                             6,374,412              15,504,476
<LOSS-PROVISION>                                     0                       0
<INTEREST-EXPENSE>                                   0                       0
<INCOME-PRETAX>                              1,115,292             (6,355,256)
<INCOME-TAX>                                         0                       0
<INCOME-CONTINUING>                          1,115,292             (6,355,256)
<DISCONTINUED>                                       0                       0
<EXTRAORDINARY>                                      0                       0
<CHANGES>                                            0                       0
<NET-INCOME>                                 1,115,292             (6,355,256)
<EPS-BASIC>                                        .03                   (.33)
<EPS-DILUTED>                                      .02                   (.33)


</TABLE>
IB 

House Calendar No. 48 

115TH CONGRESS 

1ST SESSION H. R. 2154 

[Report No. 115–125] 

To rename the Red River Valley Agricultural Research Center in Fargo, 

North Dakota, as the Edward T. Schafer Agricultural Research Center. 

IN THE HOUSE OF REPRESENTATIVES 

APRIL 26, 2017 

Mr. CRAMER introduced the following bill; which was referred to the 

Committee on Agriculture 

MAY 16, 2017 

Reported with an amendment, referred to the House Calendar, and ordered 

to be printed 

[Strike out all after the enacting clause and insert the part printed in italic] 

[For text of introduced bill, see copy of bill as introduced on April 26, 2017] 


asabaliauskas on DSK3SPTVN1PROD with BILLS
2 

•HR 2154 RH

A BILL 

To rename the Red River Valley Agricultural Research Center in Fargo, North Dakota, as the Edward T. Schafer 

Agricultural Research Center. 


asabaliauskas on DSK3SPTVN1PROD with BILLS
3 

•HR 2154 RH

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

3 SECTION 1. RENAMING OF THE RED RIVER VALLEY AGRI4 CULTURAL RESEARCH CENTER IN FARGO, 

5 NORTH DAKOTA AS THE EDWARD T. SCHAFER 

6 AGRICULTURAL RESEARCH CENTER. 

7 (a) RENAMING.—The Red River Valley Agricultural 

8 Research Center in Fargo, North Dakota, shall hereafter be 

9 known and designated as the ‘‘Edward T. Schafer Agricul10 tural Research Center’’. 

11 (b) REFERENCES.—Any reference in any law, regula12 tion, map, document, paper, or other record of the United 

13 States to the facility referred to in subsection (a) shall be 

14 considered to be a reference to the Edward T. Schafer Agri15 cultural Research Center. 


asabaliauskas on DSK3SPTVN1PROD with BILLS
House Calendar No. 48 

115TH CONGRESS 

1ST SESSION H. R. 2154 

[Report No. 115–125] 

A BILL 

To rename the Red River Valley Agricultural Reter. Edward T. Schafer Agricultural Research Cen- search Center in Fargo, North Dakota, as the 

MAY 16, 2017 

Reported with an amendment, referred to the House 

Calendar, and ordered to be printed 


asabaliauskas on DSK3SPTVN1PROD with BILLS
# C_2004190EN.01000102.xml

| 24.7.2004 | EN | Official Journal of the European Union | C 190/1 |
| --- | --- | --- | --- |

24.7.2004

EN

Official Journal of the European Union

C 190/1

---

JUDGMENT OF THE COURT

JUDGMENT OF THE COURT

(First Chamber)

of 10 June 2004

in Case C-87/02: Commission of the European Communities v Italian Republic (1)

1

(Failure by a Member State to fulfil obligations - Environment - Directive 85/337/EEC - Assessment of the effects of certain public and private projects - Project ‘Lotto zero’)

(2004/C 190/02)

Language of the case: Italian

In Case C-87/02: Commission of the European Communities (Agents: M. van Beek and R. Amorosi) v Italian Republic (Agents: M. Massella Ducci Teri ) - application for a declaration that, since the Abruzzo Region failed to ascertain whether the project to construct an outer ring road at Teramo (a project known as ‘Lotto zero-Variante, tra Teramo (Italy) e Giulianova, alla strada statale SS 80’), of a type listed in Annex II to Council Directive 85/337/EEC of 27 June 1985 on the assessment of the effects of certain public and private projects on the environment (OJ 1985 L 175, p. 40), required an environmental impact assessment in accordance with Articles 5 to 10 of the Directive, the Italian Republic has failed to fulfil its obligations under Article 4(2) of that directive - the Court (First Chamber), composed of: P. Jann, President of the Chamber, A. Rosas (Rapporteur), A. La Pergola, R. Silva de Lapuerta and K. Lenaerts, Judges; D. Ruiz-Jarabo Colomer, Advocate General; R. Grass, Registrar, has given a judgment on 10 June 2004, in which it:

| 1. | Declares that, since the Abruzzo Region failed to ascertain whether the project to construct an outer ring road at Teramo (a project known as ‘Lotto zero-Variante, tra Teramo e Giulianova, alla strada statale SS 80’), of a type listed in Annex II to Council Directive 85/337/EEC of 27 June 1985 on the assessment of the effects of certain public and private projects on the environment, required an environmental impact assessment in accordance with Articles 5 to 10 of that directive, the Italian Republic has failed to fulfil its obligations under Article 4(2) of that directive. |
| --- | --- |

1.

Declares that, since the Abruzzo Region failed to ascertain whether the project to construct an outer ring road at Teramo (a project known as ‘Lotto zero-Variante, tra Teramo e Giulianova, alla strada statale SS 80’), of a type listed in Annex II to Council Directive 85/337/EEC of 27 June 1985 on the assessment of the effects of certain public and private projects on the environment, required an environmental impact assessment in accordance with Articles 5 to 10 of that directive, the Italian Republic has failed to fulfil its obligations under Article 4(2) of that directive.

| 2. | Orders the Italian Republic to pay the costs. |
| --- | --- |

2.

Orders the Italian Republic to pay the costs.

---

(1)  OJ C 109 of 4.5.2002.

1

---
<PAGE>   1
EXHIBIT 11.


                                 ENDOCARE, INC.
                        CALCULATION OF EARNINGS PER SHARE


<TABLE>
<CAPTION>
                                                   Three Months Ended         Nine Months Ended
                                                   September 30, 1996         September 30, 1996
                                                   ------------------         ------------------


<S>                                                 <C>                         <C>           
Net loss                                            $      (286,262)            $  (1,258,403)
                                                    ===============             =============


Weighted average number of common shares
      outstanding during the period                       5,638,943                 5,633,068
                                                    ===============             =============



Primary net loss per share                          $          (.05)            $        (.22)
                                                    ===============             =============

Fully diluted net loss per share                    $          (.05)            $        (.22)
                                                    ===============             =============
</TABLE>



         Notes:   Earnings per share data is not presented for 1995 because
                  Endocare was operating as a division of Medstone
                  International, Inc. at that time.

                  The effect of potential exercise of common stock options is
                  not included in these calculations because such effect would
                  be anti-dilutive.


                                     - 16 -
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 Daou Systems, Inc. (the Company) on Form 10-Q for the period ending June 30, 2003 as filed with the Securities and Exchange Commission on the date hereof (the Report), I,
Daniel J. Malcolm, Chief Executive Officer and President 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.
| | --- |  | ----------------------------------------------------------------------------------------------------------------------------------------------------



|/s/    DANIEL J. MALCOLM                               
|-------------------------------------------------------
|                                                       
|Daniel J. Malcolm Chief Executive Officer and President



August 14, 2003



1
xml version="1.0" encoding="UTF-8"?


L\_2016110EN.01000401.xml


| | | | |
| --- | --- | --- | --- |
| 26.4.2016 | EN | Official Journal of the European Union | L 110/4 |

---

Corrigendum to Regulation (EU) 2015/2424 of the European Parliament and of the Council of 16 December 2015 amending Council Regulation (EC) No 207/2009 on the Community trade mark and Commission Regulation (EC) No 2868/95 implementing Council Regulation (EC) No 40/94 on the Community trade mark, and repealing Commission Regulation (EC) No 2869/95 on the fees payable to the Office for Harmonization in the Internal Market (Trade Marks and Designs)

(
[Official Journal of the European Union L 341 of 24 December 2015](http://publications.europa.eu/resource/oj/JOL_2015_341_R_TOC)
)

On page 63, Article 1, point 97, concerning paragraph 5 of Article 113 of Regulation (EC) No 207/2009, the reference to 'Article 84(2)' is replaced by a reference to 'Article 87(2)'.

On page 88, Article 2, the following points are inserted:

| | |
| --- | --- |
| "(6a) | In paragraph 1 of Rule 10, the reference to 'Rule 4(c)' is replaced by a reference to 'Article 38(2) of the Regulation';"; |

| | |
| --- | --- |
| "(8a) | Rule 23 is deleted; |

| | |
| --- | --- |
| (8b) | In paragraph 1 of Rule 24, the reference to 'Rule 84(2)' is replaced by a reference to 'Article 87(2) of the Regulation';"; |

| | |
| --- | --- |
| "(9a) | In Rule 47, the reference to 'Rule 84(2)' is replaced by a reference to 'Article 87(2) of the Regulation';"; |

| | |
| --- | --- |
| "(16a) | In paragraph 1 of Rule 93, the phrase ', otherwise Rule 89 shall not apply' is deleted; |

| | |
| --- | --- |
| (16b) | In paragraph 3 of Rule 93, the words 'and Rule 88' are deleted;"; |

| | |
| --- | --- |
| "(17a) | In paragraph 6 of Rule 115, the reference to paragraph 2 of Rule 112 is deleted; |

| | |
| --- | --- |
| (17b) | In paragraph 3, second subparagraph, of Rule 121, the reference to paragraph 2 of Rule 112 is deleted.". |

---