alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
# C_2016265EN.01000101.xml

| 21.7.2016 | EN | Official Journal of the European Union | C 265/1 |
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21.7.2016

EN

Official Journal of the European Union

C 265/1

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Non-opposition to a notified concentration

(Case M.7877 — Warburg Pincus/General Atlantic/Unicredit/Santander/SAM/Pioneer)

(Text with EEA relevance)

(2016/C 265/01)

On 26 May 2016, the Commission decided not to oppose the above notified concentration and to declare it compatible with the internal market. This decision is based on Article 6(1)(b) of Council Regulation (EC) No 139/2004 (1). The full text of the decision is available only in English and will be made public after it is cleared of any business secrets it may contain. It will be available:

1

| — | in the merger section of the Competition website of the Commission (http://ec.europa.eu/competition/mergers/cases/). This website provides various facilities to help locate individual merger decisions, including company, case number, date and sectoral indexes, |
| --- | --- |

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in the merger section of the Competition website of the Commission (http://ec.europa.eu/competition/mergers/cases/). This website provides various facilities to help locate individual merger decisions, including company, case number, date and sectoral indexes,

| — | in electronic form on the EUR-Lex website (http://eur-lex.europa.eu/homepage.html?locale=en) under document number 32016M7877. EUR-Lex is the online access to the European law. |
| --- | --- |

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in electronic form on the EUR-Lex website (http://eur-lex.europa.eu/homepage.html?locale=en) under document number 32016M7877. EUR-Lex is the online access to the European law.

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(1)  OJ L 24, 29.1.2004, p. 1.

1

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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 of New Century Resources (the
"Company") on Form 10-QSB for the Quarter Ended June 31, 2005, as filed with the Securities
and Exchange Commission on the date hereof (the "Quarterly Report"), I, Solon Piitarides , Vice
President and the Principal 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, to the best
of my knowledge, that:

(1) The Quarterly Report fully complies with the requirements of Section 13(a) or 15(d) of the
Securities Act of 1934; and

(2) The information contained in the Quarterly Report fully presents, in all material respects, the
financial condition and results of operations of the Company.

By: /s/ Solon Piitarides

Vice President and Chief Financial Officer

August 23, 2005
#### The People of the State of New York, Respondent, v Eleutherius Auguste, Appellant.

[772 NYS2d 845]

Application by the appellant for a writ of error coram nobis to vacate, on the ground of ineffective assistance of appellate counsel, a decision and order of this Court dated February 24, 2003 *(People v Auguste,*302 AD2d 601 [2003]), affirming a judgment of the Supreme Court, Queens County, rendered October 17, 2000.

Ordered that the application is denied.

The appellant has failed to establish that he was denied the effective assistance of appellate counsel *(see Jones v Barnes,*463 US 745 [1983]). Altman, J.P., Florio, H. Miller and Adams, JJ., concur.
11TH COURT OF APPEALS

EASTLAND, TEXAS

JUDGMENT

Javier Casarez, * From the 358th District Court

 of Ector County,

 Trial Court No. D-45,463.

Vs. No. 11-16-00201-CR * December 8, 2016

The State of Texas, * Per Curiam Memorandum Opinion

 (Panel consists of: Wright, C.J.,

 Willson, J., and Bailey, J.)

 This court has inspected the record in this cause and concludes that the 

appeal should be dismissed. Therefore, in accordance with this court’s 

opinion, the appeal is dismissed.
Document Headings

                    Document headings vary by document type but may contain                    the following:                  
                -                       the agency or agencies that issued and signed a document                    
                -                       the number of the CFR title and the number of each part                      the document amends, proposes to amend, or is directly                      related to                    
                -                       the agency docket number / agency internal file number                    
                -                       the RIN which identifies each regulatory action listed in                      the Unified Agenda of Federal Regulatory and Deregulatory                      Actions                    

                    See the                                          Document Drafting Handbook                                        for more details.                  

###### Department of Justice

###### Drug Enforcement Administration

          - [Docket No. DEA-392]

# ACTION:

Notice of application.

# DATES:

Registered bulk manufacturers of the affected basic class, and applicants therefore, may file written comments on or objections to the issuance of the proposed registration in accordance with 21 CFR 1301.34(a) on or before April 27, 2015. Such persons may also file a written request for a hearing on the application pursuant to 21 CFR 1301.43 on or before April 27, 2015.

# ADDRESSES:

                        Written comments should be sent to: Drug Enforcement Administration, Attention: DEA                         **Federal Register**                         Representative/ODW, 8701 Morrissette Drive, Springfield, Virginia 22152. Request for hearings should be sent to: Drug Enforcement Administration, Attention: Hearing Clerk/LJ, 8701 Morrissette Drive, Springfield, Virginia 22152                    

# SUPPLEMENTARY INFORMATION:

The Attorney General has delegated his authority under the Controlled Substances Act to the Administrator of the Drug Enforcement Administration (DEA), 28 CFR 0.100(b). Authority to exercise all necessary functions with respect to the promulgation and implementation of 21 CFR part 1301, incident to the registration of manufacturers, distributors, dispensers, importers, and exporters of controlled substances (other than final orders in connection with suspension, denial, or revocation of registration) has been redelegated to the Deputy Assistant Administrator of the DEA Office of Diversion Control (“Deputy Assistant Administrator”) pursuant to section 7 of 28 CFR pt. 0, subpt. R, App.

In accordance with 21 CFR 1301.34(a), this is notice that on October 31, 2014, Hospira, 1776 North Centennial Drive, McPherson, Kansas 67460-1247, applied to be registered as an importer of remifentanil (9739), a basic class of controlled substance listed in schedule II.

The company plans to import remifentanil for use in dosage form manufacturing.

Dated: March 20, 2015.

Joseph T. Rannazzisi,

*Deputy Assistant Administrator.*

[FR Doc. 2015-06969 Filed 3-26-15; 8:45 am]

 BILLING CODE 4410-09-P
DAVID JOSEPH CHAPKIN,

Appellant,

v.

STATE OF FLORIDA,

Appellee.

IN THE DISTRICT COURT OF APPEAL

FIRST DISTRICT, STATE OF FLORIDA

NOT FINAL UNTIL TIME EXPIRES TO 

FILE MOTION FOR REHEARING AND 

DISPOSITION THEREOF IF FILED

CASE NO. 1D16-1018

_____________________________/

Opinion filed December 6, 2016.

An appeal from the Circuit Court for Duval County.

Karen K. Cole, Judge.

David Joseph Chapkin, pro se, Appellant.

Pamela Jo Bondi, Attorney General, and Anne Conley, Assistant Attorney General, 

Tallahassee, for Appellee.

PER CURIAM.

AFFIRMED.

RAY, KELSEY, and WINOKUR, JJ., CONCUR.
Exhibit 32.1

SOHU.COM INC.

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 Sohu.com Inc. (the Company) on Form 10-Q for the period ended
June 30, 2007 as filed with the Securities and Exchange Commission on the date hereof (the Report), I, Charles Zhang, Chief Executive Officer and Chairman of the Board of Directors of the Company, certify, pursuant to U.S.C. ss.
1350, as adopted pursuant to ss. 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
of the Company as of June 30, 2007 and results of operations of the Company for the three months ended June 30, 2007.



/s/ Charles ZhangCharles Zhang, Chief Executive Officer and Chairman of the Board of DirectorsAugust 6, 2007




-60-
**Exhibit 31.1**

 

**CERTIFICATIONS**

 

I, Gabriel B. Vegh, certify that:

 

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

 

2. Based on my knowledge, this report does notcontain 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 thisreport; 

 

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(s) and I are responsiblefor 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 oursupervision, 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 theregistrant’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 theregistrant’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 isreasonably likely to materially affect, the registrant’s internal control over financial reporting; and 

 

5. The registrant’s other certifying officer(s) and I have disclosed, based on our most recent evaluation of internal control over financialreporting, 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 overfinancial 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 significantrole in the registrant’s internal control over financial reporting. 

 

Date:  March 31, 2004
Exhibit 31.3

CERTIFICATION OF PRINCIPAL EXECUTIVE OFFICER

Pursuant to Rule 13a-14(a) adopted pursuant to Section 302 of the Sarbanes-Oxley Act of 2002

I, Dan Mondor, certify that:

1. I
have reviewed this Amendment No. 1 to the annual report on Form 10-K of Inseego Corp.; 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: April 30, 2018



/s/    Dan MondorDan MondorChief Executive Officer (principal
executive officer)
**Exhibit 32.2**

**CERTIFICATION PURSUANT TO**

**18 U.S.C. SECTION 1350**

**AS ADOPTED PURSUANT TO**

**SECTION 906OF THE SARBANES-OXLEY ACT OF 2002**

In connection with the Quarterly Report of DDi Corp. (the “Company”) on Form 10-Q for theperiod ended September 30, 2007 as filed with the Securities and Exchange Commission on the date hereof (the “Report”), I, Sally Goff, Chief Financial Officer of the Company, certify, pursuant to 18 U.S.C. Section 1350, asadopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that: 

1. The Report fully complies with therequirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934; and 

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

 

Date: November 7, 2007
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 on Form 10-Q Amendment No. 2 of Hudsons Grill International, Inc.  (the "Company") for the quarterly period ended September 30, 2008 as filed with the Securities and Exchange Commission on the date hereof, I, Joseph Meuse, President and Chief Executive 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 Form 10-Q 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 Form 10-Q fairly presents, in all material respects, the financial condition and results of operations of the Company.







/s/ Joseph J. Meuse

Joseph J. Meuse

Title:  President

Date:    December 17, 2008
AMENDMENT
No. 1 TO AMENDED & RESTATED EMPLOYMENT AGREEMENT


 


This Amendment (the “Amendment”)
to the Amended and Restated Employment Agreement dated as of February 21, 2012 (the “Original Agreement”), by and between
Xcel Brands, Inc., a Delaware corporation (the “Company”) and James F. Haran (the “Executive”, and together
with the Company, the “parties”), is dated as of December 16, 2012.


 


WHEREAS, the parties have previously entered
into the Original Agreement providing for the terms and conditions of the employment of Executive by the Company;


 


WHEREAS, the parties wish to amend the Original
Agreement to amend certain provisions of the Original Agreement as set forth herein.


 


NOW, THEREFORE, in consideration of the
covenants and agreements hereinafter set forth and other good and valuable consideration, the receipt and sufficiency of which
are hereby acknowledged, the parties hereto agree as follows:


 


1.Compensation. The definition
of “Adjusted EBITDA” contained in Section 1.3(b) of the Original Agreement is hereby deleted in its entirety
and replaced by the following:


 


“Adjusted EBITDA”
shall mean for any period, for the Company and its subsidiaries on a consolidated basis (without duplication), an amount equal
to (a) consolidated net income (as determined in accordance with generally accepted accounting principles of the United States
of America as in effect from time to time) (“Consolidated Net Income”) for such period, minus, (b) to the extent included
in calculating Consolidated Net Income, the sum of, without duplication, (i) income tax credits for such period, and (ii) gain
from extraordinary or non-recurring items for such period (including, without limitation, non-cash items related to purchase accounting),
plus (c) the following to the extent deducted in calculating such Consolidated Net Income, (i) interest expense and other finance
costs (whether cash or non-cash) for such period (ii) the provision for federal, state, local and foreign income taxes for such
period, (iii) the amount of depreciation and amortization expense for such period, (iv) the transaction fees, costs and expenses
incurred in connection with the acquisition of Isaac Mizrahi and any other subsequent brand acquisition in such period, (v) all
other extraordinary or non-recurring non-cash charges (including, without limitation, non-cash items related to purchase accounting
and non-cash items related to earn-outs), and (vi) non-cash stock or equity compensation in such period.


 


2.Scope of Amendment. Except
as specifically amended hereby, the Original Agreement shall continue in full force and effect, unamended, from and after the date
hereof.


 



    	 



    	 



    




IN WITNESS WHEREOF, the parties have executed
and delivered this Amendment, intending to be legally bound hereby, as of the date first above written.


 


 


	 	XCEL BRANDS, INC.
	 	 
	 	By:	/s/ Robert D’Loren
	 	 	Name:Robert D’Loren
	 	 	Title:CEO
	 	 	 
	 	 	 
	 	 
	 	EXECUTIVE:
	 	 
	 	 
	 	/s/ James Haran
	 	James F. Haran
NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING 

MOTION AND, IF FILED, DETERMINED 

 IN THE DISTRICT COURT OF APPEAL 

 OF FLORIDA 

 SECOND DISTRICT 

THOMAS DOUGLAS EDWARDS, ) 

 ) 

 Appellant, ) 

 ) 

v. ) Case No. 2D15-3653 

 ) 

STATE OF FLORIDA, ) 

 ) 

 Appellee. ) 

 ) 

Opinion filed December 7, 2016. 

Appeal from the Circuit Court for 

Hillsborough County; Lisa D. Campbell, 

Judge. 

Howard L. Dimmig, II, Public Defender, 

and Alisa Smith, Assistant Public Defender, 

Bartow, for Appellant. 

Pamela Jo Bondi, Attorney General, 

Tallahassee, for Appellee. 

MORRIS, Judge. 

 In this appeal filed pursuant to Anders v. California, 388 U.S. 924 (1967), 

Thomas Douglas Edwards appeals the revocation of his sex offender probation for the 

offense of unlawful sexual activity with a minor and the resulting 71.7-month prison 
- 2 - 

sentence. We affirm both the revocation and the sentence without further comment. 

However, we must remand for correction of scrivener's errors. 

 After sentencing, Edwards filed a motion to correct sentencing error 

pursuant to Florida Rule of Criminal Procedure 3.800(b) on the basis that the revocation 

order incorrectly stated (1) that Edwards admitted to the violation, (2) that Edwards 

violated condition five (rather than the charged condition nine), and (3) that Edwards 

was sentenced to 81.825 months in prison. The trial court granted the motion and 

instructed the Florida Department of Corrections and the clerk of the circuit court to 

issue a new revocation order reflecting the trial court's oral pronouncement at 

sentencing. But while the amended revocation order correctly lists Edwards' 71.7-

month prison sentence, it still states—incorrectly—that Edwards admitted to a violation 

of condition five. Edwards admitted to a technical violation of condition nine, but he 

contested the substantial nature of the violation. Thus, instead of providing that 

Edwards admitted to a violation of condition five, the revocation order should reflect that 

after an evidentiary hearing, Edwards was found guilty of a violation of condition nine. 

Accordingly, we remand for entry of a corrected written order of revocation. See 

Reames v. State, 171 So. 3d 770, 770-71 (Fla. 2d DCA 2015) (affirming revocation but 

remanding for correction of scrivener's errors where corrected orders still incorrectly 

reflected that appellant admitted to violations one and sixteen where appellant had 

actually contested the violations and where trial court only found him in violation of 

condition one); Riley v. State, 838 So. 2d 1208, 1209 (Fla. 2d DCA 2003) (affirming 

revocation but remanding for correction of revocation order which incorrectly stated that 
- 3 - 

appellant admitted to violation when he was actually found in violation after an 

evidentiary hearing). 

 Affirmed but remanded for correction of the written order of revocation of 

sex offender probation. 

KELLY and BLACK, JJ., Concur.
#### A. G. Harrison v. Charles Nelson, use of, etc.

1. *Appeals—The Right Strictly*Statutory.—The right to an appeal is strictly statutory and can only be exercised in conformity with the statute granting it.

2. Appellate Court *Practice—Bill of Exceptions*Necessary.— Where there is no bill of exceptions in the record the Appellate Court can not know what showing was made upon motions in the court below and will presume that the action of the trial court upon such motions was correct.

6raniisb.ee Proceedings.—Appeal from the County Court of Grundy County: the Hon. A. R. Jordan, Judge, presiding.

Heard in this court at the April term, 1901.

Affirmed.

Opinion filed July 12, 1901.

E. L. Clover, attorney for appellant.

JD. R. Anderson, attorney for appellee.

Mr. Justice IIigbee

delivered the opinion of the court.-

Appellee obtained a judgment as garnishee before a justice of the peace for $12. Before the expiration of twenty days an appeal bond was filed with the clerk of the County Court by E. L. Clover, who is the only party mentioned in the bond as bound by it and who alone signed it. Afterward appellee entered a motion to dismiss the appeal for want of' jurisdiction in the County Court for the reason *398that no appeal bond had been entered into by appellant. The" bond was held insufficient by the court, whereupon appellant entered a cross-motion for leave to amend the appeal bond, but this motion was denied and the original motion of appellee to dismiss the appeal sustained. There was no attempt by appellant to execute a bond and the fact that another person undertook to assist him in taking the appeal by signing the bond as surety for him, did not make it appellant’s bond. ¡No appeal was perfected and the court properly sustained appellee’s motion to dismiss. Lyman v. Williams, 84 Ill. App. 82.

It is to be noted also that there is no bill of exceptions in the record in this case, consequently we can not know what showing was made for or against the cross-motion and the action of the court in denying it must be presumed to be correct. Sullivan v. Breen, 93 Ill. App. 526.

The judgment of the Count}' Court is affirmed.
Exhibit
32.01




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 Sangui Biotech International, Inc. (the
“Company”) on Form 10-QSB/A for the period ending March 31, 2007 as filed
with the Securities and Exchange Commission on the date hereof (the “Report”),
I, Thomas Striepe, Chief Executive Officer, and I, Joachim Fleing, Chief
Financial Officer of the Company, certify, pursuant to 18 U.S.C.
§ 1350, as adopted pursuant to § 906 of the Sarbanes-Oxley Act of
2002, that, to the best of my knowledge and belief:




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




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








Dated: October 15,
2008  /s/
Thomas Striepe


__________________________________________


By:
Thomas Striepe


Chief
Executive Officer






Dated: October 15,
2008  /s/
Joachim Fleing
 __________________________________________
 By:
Joachim Fleing
 Chief
Financial Officer








A
signed original of this written statement required by Section 906, or other
document authenticating, acknowledging, or otherwise adopting the signature that
appears in typed form within the electronic version of this written statement
has been provided to the Company and will be retained by the Company and
furnished to the Securities and Exchange Commission or its staff upon
request.