alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
# C_2017255EN.01000202.xml

| 5.8.2017 | EN | Official Journal of the European Union | C 255/2 |
| --- | --- | --- | --- |

5.8.2017

EN

Official Journal of the European Union

C 255/2

---

Non-opposition to a notified concentration

(Case M.8491 — PGA Group/Groupe Bernard/CDPR)

(Text with EEA relevance)

(2017/C 255/04)

On 5 July 2017, 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 French 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, |
| --- | --- |

—

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 32017M8491. EUR-Lex is the online access to European law. |
| --- | --- |

—

in electronic form on the EUR-Lex website (http://eur-lex.europa.eu/homepage.html?locale=en) under document number 32017M8491. EUR-Lex is the online access to European law.

---

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

1

---
Exhibit 32.2
 CERTIFICATION PURSUANT TO
18 U.S.C. SECTION 1350,
AS ADOPTED PURSUANT TO
SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002
  1.
    
    The Report fully complies with the
requirements of section 13(a) or 15(d) of
the Securities Exchange Act of 1934, as
amended; and2.
    
    The information contained in the Report
fairly presents, in all material respects,
the financial condition and results of
operations of the Company.
 Date:   October 12, 2010
    /s/ Pamela G. BoonePamela G. BooneExecutive Vice President and
Chief Financial Officer
Michigan Supreme Court

Lansing, Michigan

Robert P. Young, Jr., Chief Justice

Michael F. Cavanagh

Stephen J. Markman

Mary Beth Kelly

Brian K. Zahra

Bridget M. McCormack

David F. Viviano, Justices

I, Larry S. Royster, Clerk of the Michigan Supreme Court, certify that the

foregoing is a true and complete copy of the order entered at the direction of the Court.

 November 26, 2014

p1125

Order 

Clerk

November 26, 2014

148740

In re Estate of DOLORES C. SOLTYS

_________________________________________

DENNIS SOLTYS, SR., and MARLENE 

HARRIS,

Plaintiffs-Appellees,

v SC: 148740

COA: 311143

St. Clair PC: 2009-000587-CZ

DAVID A. SCHMIDLIN, Personal Representative

of the Estate of KATHLEEN SCHMIDLIN,

Defendant-Appellant.

_________________________________________/

On order of the Court, the application for leave to appeal the January 7, 2014 

judgment of the Court of Appeals is considered and, pursuant to MCR 7.302(H)(1), in 

lieu of granting leave to appeal, we VACATE that part of the Court of Appeals opinion 

affirming the ruling of the St. Clair Probate Court that the plaintiffs had sufficiently 

rebutted the statutory presumption of a depositor’s intention to vest title to jointly held 

accounts in the surviving joint owner, MCL 487.703. In this case, the statutory 

presumption that the decedent intended the joint accounts to become the property of the 

survivor arose based on evidence that the decedent created and maintained the accounts 

until her death. Jacques v Jacques, 352 Mich 127 (1958). The Court of Appeals stated 

that “the statutory presumption . . . can be rebutted by competent evidence.” However, 

although a party challenging the statutory presumption certainly must proffer competent 

evidence, the relevant question is whether the party has met its burden of proof to 

overcome the statutory presumption by providing reasonably clear and persuasive proof 

of a contrary intention. Id.; Lau v Lau, 304 Mich 218 (1943); see also Kirilloff v Glinisty, 

375 Mich 586 (1965). We REMAND this case to the Court of Appeals for application of 

the proper standard. In all other respects, leave to appeal is DENIED, because we are not 

persuaded that the remaining question presented should be reviewed by this Court.

We do not retain jurisdiction.
Letter Agreement, dated November 12, 2010



 Exhibit 10.42-03 

 

			
	
 



	  	 P.O. Box 982
 El Paso, Texas 79960-0982
 (915)
543-5711


 David Hawkins 
 Director, Energy Trading 
 El Paso Electric Company 

November 12, 2010 
 Mr. Don Stoneberger 
 Freeport-McMoRan Copper & Gold Energy Services

 333 North Central Avenue - Suite 21.021 
 Phoenix, AZ 85004 
  

	 Re:
	    Power Purchase Agreement between 



	   
	    Freeport-McMoRan Copper & Gold Energy Services, LLC 



	   
	    and El Paso Electric Company 


 Dear Mr. Stoneberger, 

            Pursuant to Section 3.4 of the Power Purchase Agreement
(“Agreement”) between Freeport-McMoRan Copper & Gold Energy Services, LLC (“FMES”) (formerly, Phelps Dodge Energy Services, LLC) and El Paso Electric Company (“EPE”), FMES and EPE (collectively the
“Parties”) hereby agree to maintain the quantity of energy to be purchased and sold under Sections 3.1 and 3.2 of the Agreement at 125 MW per hour through 11:59 p.m. Mountain Standard Time on December 31, 2011. The Parties further
agree that the quantity of firm energy that may be dispatched by EPE pursuant to Section 3.6 of the Agreement is 125 MW per hour, less the quantity of energy sold and delivered by FMES pursuant to Section 3.1. The amount of energy to be
purchased and sold under the Agreement was set to revert to the original base contract amount of 100 MW per hour, on 11:59 p.m. Mountain Standard Time on December 31, 2010, based on a November 26, 2008 agreement between the Parties.

             Please indicate FMES’ acknowledgement of the
foregoing agreement by signing this letter in the place indicated below and returning the original or a copy thereof to my attention at your earliest convenience. 
 Sincerely, 
 /s/ David Hawkins 

David Hawkins 

Freeport-McMoRan Copper & Gold Energy Services, LLC 

			
		
	 By:
	 	 /s/ Don Stoneberger



 

					
	 (915) 543-4067 – Direct
	 	100 N. Stanton Street	 	(915) 521-4751 – Facsimile
		 	EI Paso, Texas 79901
No. 09-8100.

#### Ra’Zulu Ukawabutu, Petitioner v. Michelle R. Ricci, Associate Administrator, New Jersey State Prison, et al.

559 U.S. 1059, 130 S. Ct. 2369,

176 L. Ed. 2d 579,

2010 U.S. LEXIS 2973.

April 5, 2010.

Petition for rehearing denied.

Former decision, 559 U.S. 950, 130 S. Ct. 1532, 176 L. Ed. 2d 131, 2010 U.S. LEXIS 1471.
Exhibit 10(n)




                     GOLDEN AMERICAN LIFE INSURANCE COMPANY
                                  SURPLUS NOTE

Golden  American  Life  Insurance  Company  agrees to pay ING America  Insurance
Holdings, Inc. a Delaware corporation,  the sum of $75 million  ($75,000,000.00)
plus interest at the rate of 7.75% per annum from the date hereof, September 30,
1999 until paid. In any event, this note will mature on September 29, 2029.

This Surplus Note and accrued  interest thereon shall be subordinate to payments
due to policyholders,  claimant and beneficiary claims, as well as debts owed to
all other  classes  of  debtors,  other than  surplus  note  holders,  of Golden
American  Life  Insurance  Company  in the  event  of  (a)  the  institution  of
bankruptcy, reorganization,  insolvency or liquidation proceedings by or against
Golden  American Life Insurance  Company,  or (b) the  appointment of a Trustee,
receiver or other  Conservator  for a substantial  part of Golden  American Life
Insurance Company properties.

Any payments made shall first apply to accrued interest, and the balance of such
payment shall apply to reduce the principal of this Note.

Any  payment of  principal  and/or  interest  made shall be subject to the prior
approval of the Delaware  Insurance  Commissioner.  If the  Commissioner has not
approved payment of principal to retire the note prior to its maturity date, the
maturity date will be automatically extended until such time as the Commissioner
authorizes payment of the final balance of principal.

Golden American Life Insurance  Company hereby waives  presentment and notice of
dishonor.

In witness whereof,  Golden American Life Insurance Company has caused this Note
to be executed and delivered.


                          GOLDEN AMERICAN LIFE INSURANCE COMPANY


                          BY: /s/ Stephen J. Preston
                                  --------------------------------------------
                                  Stephen J. Preston, Executive Vice President


Attest by:


/s/ David L. Jacobson
----------------------------
David L. Jacobson
Senior Vice President and
Assistant Secretary

                                       53
Second Amendment to the Time Sharing Agreement



 Exhibit 10.53 
 SECOND AMENDMENT TO TIME SHARING AGREEMENT 
 On January 28,
2009, Altria Client Services Inc. (“Operator”) and Michael E. Szymanczyk (“User”) entered into a Time Sharing Agreement (the “Agreement”). Pursuant to paragraph 12 of the Agreement, Operator and User amended the
Agreement effective November 12, 2009. The parties wish to further amend the agreement effective October 14, 2010 as follows: 
  

	 	1.	Exhibit A to the Agreement is deleted in its entirety and is replaced with Exhibit A attached to this amendment. 


Except as modified in this amendment, all other terms and conditions of the Agreement remain in full force and effect. The persons signing below warrant
their authority to sign. 
  

					
	Operator:	 		 	User:
			
	ALTRIA CLIENT SERVICES INC.	 		 	MICHAEL E. SZYMANCZYK
			
	CHARLES N. WHITAKER	 		 	
			
	 /s/ Charles N. Whitaker
	 		 	 /s/ Michael E. Szymanczyk









 EXHIBIT A 

 

					
	 Registration
Number
	  	 Serial Number
	  	 Aircraft Description

	N802AG	  	5245	  	2009 Gulfstream Aerospace Corporation G550 Aircraft
	N803AG	  	4194	  	2010 Gulfstream Aerospace Corporation G450 Aircraft
	N804AG	  	4199	  	2010 Gulfstream Aerospace Corporation G450 Aircraft


  
 2
##### 



Exhibit 99.2

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 Quinton Cardiology Systems
(the Company) on Form 10-Q for the period ended March 31, 2003 as filed with
the Securities and Exchange Commission on the date hereof (the Report), I,
Michael K. Matysik, 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:



| |                                                                                                                                                        
| | -------------------------------------------------------------------------------------------------------------------------------------------------------
| | (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.

|                   |     |                        
|------------------ | --- | -----------------------
|                   | By: | /s/ Michael K. Matysik 
|                   |     |                        
|                   |     | Michael K. Matysik     
|                   |     | Chief Financial Officer
|                   |     |                        
|Date: May 15, 2003 |     |                        

A signed original of this written statement required by Section 906 has been
provided to Quinton Cardiology Systems, Inc. and will be retained by Quinton
Cardiology Systems, Inc. and furnished to the Securities and Exchange
Commission or its staff upon request.
**Exhibit 31.2****CERTIFICATIONS**I, Pamela G. Boone, certify that:1. I have reviewed this annual report on Form 10-K of Synergetics USA, Inc.;2. Based on my knowledge, this report does not contain any untrue statement of a material fact oromit to state a material fact necessary to make the statements made, in light of the circumstancesunder 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 inthis report, fairly present in all material respects the financial condition, results of operationsand 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 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 controls andprocedures to be designed under our supervision, to ensure that material information relating tothe registrant, including its consolidated subsidiaries, is made known to us by others within thoseentities, particularly during the period in which this report is being prepared;(b) [Paragraph omitted in accordance with SEC transition instructions contained in SEC Release34-47986];(c) 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(d) Disclosed in this report any change in the registrant’s internal control over financialreporting that occurred during the registrant’s most recent fiscal quarter (the registrant’s fourthfiscal quarter in the case of an annual report) that has materially affected, or is reasonablylikely to materially affect, the registrant’s internal control over financial reporting; and5. The registrant’s other certifying officer(s) and I have disclosed, based on our most recentevaluation of internal control over financial reporting, to the registrant’s auditors and the auditcommittee 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 internalcontrol over financial reporting which are reasonably likely to adversely affect the registrant’sability to record, process, summarize and report financial information; and(b) Any fraud, whether or not material, that involves management or other employees who have asignificant role in the registrant’s internal control over financial reporting.Date: October 31, 2005         /s/ Pamela G. Boone  Pamela G. Boone   Executive Vice President, Chief Financial Officer,Treasurer and Secretary
No. 09-8375.

#### Peter J. Schultz, Petitioner v. Francis Halpin, et al.

559 U.S. 1065, 130 S. Ct. 2139,

176 L. Ed. 2d 720,

2010 U.S. LEXIS 3353.

April 19, 2010.

Motion of petitioner for reconsideration of order denying leave to proceed in forma pauperis denied.
No. 09-9894.

#### Edwin Disla, Petitioner v. United States.

559 U.S. 1113, 130 S. Ct. 2419,

176 L. Ed. 2d 934,

2010 U.S. LEXIS 3762.

May 3, 2010.

Petition for writ of certio-rari to the United States Court of Appeals for the Eleventh Circuit denied.

Same case below, 358 Fed. Appx. 121.
<PAGE>
                                                                               .
                                                                               .
                                                                               .

                                   EXHIBIT 21

                    SUBSIDIARIES OF LINDSAY MANUFACTURING CO.

<TABLE>
<CAPTION>
                                                                   Ownership
                                                                   Percentage
                                                                   ----------
<S>                                                                <C>
Lindsay International Sales Corporation - Delaware (Inactive)         100%

Lindsay Transportation, Inc. - Nebraska                               100%

Lindsay - Irrigation Pty., Ltd. - Australia (Inactive)                100%

Lindsay Europe SA - France                                            100%

Irrigation Specialists, Inc. - Delaware                               100%

Lindsay America do Sul Ltda. - Brazil                                 100%

Lindsay Manufacturing Africa (PTY) Ltd - South Africa                 100%

LMC Professional Supply, Inc. - Delaware (Inactive)                   100%
</TABLE>
**Exhibit 32.1****CERTIFICATION PURSUANT TO 18 U.S.C. SECTION 1350****AS ADOPTED PURSUANT TO SECTION 906 OF THE SARBANES-OXLEY ACT**     I, Frank T. Sample, certify, pursuant to 18 U.S.C. Section 1350, as adopted pursuant toSection 906 of the Sarbanes-Oxley Act of 2002, that the Quarterly Report of Visicu, Inc. on Form10-Q for the fiscal quarter ended March 31, 2007 fully complies with the requirements of section13(a) or 15(d) of the Securities Exchange Act of 1934 and that information contained in suchQuarterly Report on Form 10-Q fairly presents, in all material respects, the financial conditionand results of operations of Visicu, Inc.       Dated: May 8, 2007 By: /s/ Frank T. Sample       Frank T. Sample      President, Chief Executive Officer and      Chairman of the Board of Directors
No. 09-9177.

#### Johnson Thelisma, Petitioner v. United States.

559 U.S. 1023, 130 S. Ct. 1927,

176 L. Ed. 2d 395,

2010 U.S. LEXIS 2469.

March 22, 2010.

Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.

Same case below, 356 Fed. Appx. 217.
No. 09-8669.

#### Thomas Hill, Petitioner v. Michigan.

559 U.S. 1014, 130 S. Ct. 1899,

176 L. Ed. 2d 378,

2010 U.S. LEXIS 2735.

March 22, 2010.

Petition for writ of certiorari to the Supreme Court of Michigan denied.

Same case below, 485 Mich. 912, 773 N.W.2d 257.
```

[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4938 Introduced in House (IH)]

109th CONGRESS
  2d Session
                                H. R. 4938

To amend title XVIII of the Social Security Act to extend the 2006 open 
enrollment period for Medicare prescription drug plans and to eliminate 
 any late enrollment penalty for enrollments in such plans at any time 
                              during 2006.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                             March 9, 2006

    Mr. Wu introduced the following bill; which was referred to the 
 Committee on Energy and Commerce, and in addition to the Committee on 
   Ways and Means, for a period to be subsequently determined by the 
  Speaker, in each case for consideration of such provisions as fall 
           within the jurisdiction of the committee concerned

_______________________________________________________________________

                                 A BILL

 
To amend title XVIII of the Social Security Act to extend the 2006 open 
enrollment period for Medicare prescription drug plans and to eliminate 
 any late enrollment penalty for enrollments in such plans at any time 
                              during 2006.

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

SECTION 1. EXTENSION OF THE 2006 OPEN ENROLLMENT PERIOD FOR MEDICARE 
              PRESCRIPTION DRUG PLANS.

    Section 1860D-1(b)(1)(B)(iii) of the Social Security Act (42 U.S.C. 
1395w-101(b)(1)(B)(iii)) is amended by inserting ``, except that in 
applying paragraph (1) of such section, with respect to the annual 
coordinated election period for 2006, such period shall continue 
through November 14, 2006'' before the period.

SEC. 2. NO MEDICARE PRESCRIPTION DRUG LATE ENROLLMENT PENALTY FOR 
              ENROLLMENTS DURING 2006.

    Section 1860D-13(b)(3)(B) of the Social Security Act (42 U.S.C. 
1395w-113(b)(3)(B)) is amended by inserting ``(after December 2006)'' 
after ``any month''.
                                 <all>
```
No. 09-9954.

#### Jose Hernando Rodriguez, Petitioner v. United States.

559 U.S. 1116, 130 S. Ct. 2423,

176 L. Ed. 2d 941,

2010 U.S. LEXIS 3692.

May 3, 2010.

Petition for writ of certio-rari to the United States Court of Appeals for the Second Circuit denied.

Justice So-tomayor took no part in the consideration or decision of this petition.

Same case below, 370 Fed. Appx. 135.
No. 09-9571.

#### Toijuana Gene Collins, aka Toijuana Collins, Petitioner v. United States.

559 U.S. 1080, 130 S. Ct. 2121,

176 L. Ed. 2d 745,

2010 U.S. LEXIS 3255.

April 19, 2010.

Petition for writ of cer-tiorari to the United States Court of Appeals for the Ninth Circuit denied.

Same case below, 356 Fed. Appx. 943.
<PAGE>   1

                         PATRIOT SCIENTIFIC CORPORATION





                                   FORM 10-KSB




                                EXHIBIT NO. 23.2






           CONSENT OF HARLAN & BOETTGER, CERTIFIED PUBLIC ACCOUNTANTS


                                     EX-101
<PAGE>   2

                                   CONSENT OF
                    INDEPENDENT CERTIFIED PUBLIC ACCOUNTANTS


Patriot Scientific Corporation
San Diego, California


We hereby consent to the incorporation by reference in this Registration of our
report dated December 17, 1996, relating to the consolidated financial
statements of Patriot Scientific Corporation, appearing in the Company's Annual
Report on Form 10-KSB for the year ended May 31, 1998.

/s/  HARLAN & BOETTGER


San Diego, California
August 17, 1998

                                     EX-102
No. 09-8222.

#### Pierre Genevier, Petitioner v. Brian DeMore.

559 U.S. 1089, 130 S. Ct. 2145,

176 L. Ed. 2d 762,

2010 U.S. LEXIS 3254.

April 19, 2010.

Petition for rehearing denied.

Former decision, 559 U.S. 951, 130 S. Ct. 1537, 176 L. Ed. 2d 133, 2010 U.S. LEXIS 1404.