alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
<PAGE>
Exhibit 4.22


                            Z-TEL TECHNOLOGIES, INC.

                            CERTIFICATE OF AMENDMENT

         The Certificate of Designation of 12% Junior Redeemable Convertible
Preferred Stock, Series G, of Z-Tel Technologies, Inc. is amended by removing
Section 4(b) in its entirety and inserting in lieu thereof the following:

         (b)      No Redemption. Whenever dividends payable on shares of Series
G Preferred as provided in Section 2(a) are not paid in full in cash (whether
or not such payment is permitted by the terms hereof), at such time and
thereafter until all unpaid dividends payable, whether or not declared, on the
outstanding shares of Series G Preferred shall have been paid in full in cash
or declared and set apart in cash for payment, or whenever the Corporation
shall not have converted or exchanged shares of Series G Preferred at a time
required by Section 8 or 10, at such time and thereafter until all conversion
and exchange obligations provided in section 8 or 10 that have come due shall
have been satisfied, the Corporation shall not redeem, purchase or otherwise
acquire for consideration any shares of Junior Stock or Parity Stock; provided,
however, that (A) the Corporation may accept shares of any Parity Stock or
Junior Stock for conversion into Junior Stock, (B) the Corporation may at any
time redeem, purchase or otherwise acquire shares of any Parity Stock pursuant
to any mandatory redemption, put, sinking fund or similar obligation contained
in such Parity Stock, pro rata with the Series G Preferred in proportion to the
total amount then required to be applied by the Corporation to redeem,
repurchase, convert, exchange or otherwise acquire shares of Series G Preferred
and shares of such Parity Stock and (C) the Corporation may during any twelve
month period redeem, purchase or otherwise acquire for consideration not more
than 1,000,000 shares of the Common Stock.

         The foregoing amendment was adopted in accordance Section 242 of the
General Corporation Law of the State of Delaware.

         IN WITNESS WHEREOF, this Certificate of Amendment has been executed
this 11th day of March 2003. Z-TEL TECHNOLOGIES, INC.


                                    By:
                                       ----------------------------------------
                                       D. Gregory Smith
                                       As President and Chief Executive Officer


Attestation:

By:
   --------------------------------
   N. Dumas Garrett
   As Secretary
proteo_10q-ex1016.htm


 







EXHIBIT 10.16







Summary of Material Terms of License Agreement between Proteo Biotech AG, the Registrant’s wholly owned subsidiary, and ARTES Biotechnology GmbH dated November 15, 2004







Proteo Biotech AG (“licensee”) entered into an exclusive worldwide license agreement signed November 15, 2004 whereby ARTES Biotechnology GmbH ("licensor") grants to licensee a sub-license to the Hansenula Polymorpha Technology, which sub-license is based on a License between licensor and Rhein Biotech GmbH (Rhein). Should the license agreement between Rhein and licensor terminate, Rhein will assume the sublicense agreement with the licensee under similar terms.







The licensor grants a worldwide exclusive license to the licensee for the use of the hansenula polymorpha expression technology to produce Elafin and its homologues, except for the field of feed and food where the worldwide license is non-exclusive. The contract became effective on November 1, 2004, has an initial term of 15 years and expires on October 31, 2019. One year before the expiry date of this agreement, the parties will begin negotiations about an extension of this agreement on the basis of similar terms and conditions. If the negotiations do not result in an extension of the agreement within three months, the licensor has the right to license to third parties after the termination of
this agreement. The licensor supports the licensee in the use of the technology with its know-how for the duration of the contract. Pursuant to the agreement, the licensor receives an annual license fee of 10,000 Euros (“lump sum”). Once the licensee achieves first sales on Elafin, except for sales as research reagent, the licensee has to pay revenue licensing fees of 2.5% on net sales, subject to a minimum licensing fee of 20,000 Euros per annum. The Lump Sum of 10,000 € will be deducted from this revenue license fees. The license fees are payable annually in November, after completion and audit of the previous year’s annual report of the licensee. The sub-license is transferable without prior written consent of the licensor. Further sub-licensing by the licensee is permitted. The transfer of the sub-license or further sublicensing has to be in accordance with
this agreement. Licensor and licensee may terminate this agreement according to important reasons according to German laws (§ 314 Bürgerliches Gesetzbuch (BGB)). For licensor important reasons may occur if the licensee attacks the licensors intellectual properties or went bankrupt. For licensee important reasons may be the defeasance of a property right as well as a foreseeable non-approval of Elafin according to the respective drug laws. A further important
reason would be seen if unreasonable efforts would be necessary to achieve drug approval in view of profitability.
**Exhibit 13.1**

 

----

Pursuant to section 906 of the Sarbanes-Oxley    Act 2002 (subsection (a) and (b) of Section 1350, Chapter 63 of Title 18,    United States Code), each of the undersigned officers of Abbey National plc    (the “Company”), does hereby certify, to such officer’s    knowledge, that:

The Annual Report on Form 20-F for    the year ended December 31, 2003 of the Company fully complies with the requirements    of section 13(a) or 15(d) of the Securities Exchange Act of 1934 and information    contained in the Form 20-F fairly presents, in all material respects, the    financial condition and results of operations of the Company.

| Dated: 25/2/2004 |   | /s/ Luqman Arnold            |
|-----------------------|--------|-------------------------------------------------------------------------------------|
|                  |   | Luqman Arnold      Chief Executive Officer                                          |

 

| Dated: 25/2/2004 |   | /s/ Stephen Hester             |
|-----------------------|--------|--------------------------------------------------------------------------------------------|
|                  |   | Stephen Hester        Chief Operating Officer                                              |

 

----
**Exhibit 15.1**

**CONSENT OF INDEPENDENT REGISTERED PUBLIC ACCOUNTING FIRM**

We consent to the incorporationby reference into Registration Statements Nos. 333-172925, 333-10232 and 333-11320 on Form F-3 of our report dated 15 March 2012, relating to the consolidated financial statements of Santander UK plc, appearing in this Annual Report on Form20-F of Santander UK plc for the year ended 31 December 2011, and to the reference to us under the heading “Selected Financial Data” in such Annual Report on Form 20-F. 

*DELOITTE LLP*

Chartered Accountants and Registered Auditors 

London, England 

15 March 2012
# C_2004279EN.01000201.xml

| 16.11.2004 | EN | Official Journal of the European Union | C 279/2 |
| --- | --- | --- | --- |

16.11.2004

EN

Official Journal of the European Union

C 279/2

---

Non-opposition to a notified concentration

(Case COMP/M.3563 — CVC/BASF PRINTING INKS)

(2004/C 279/02)

(Text with EEA relevance)

On 28 October 2004, the Commission decided not to oppose the above notified concentration and to declare it compatible with the common market. This decision is based on Article 6(1)(b) of Council Regulation (EC) No 139/2004. 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:

| — | from the Europa competition web site (http://europa.eu.int/comm/competition/mergers/cases/) free of charge. This web site provides various facilities to help locate individual merger decisions, including company, case number, date and sectoral indexes, |
| --- | --- |

—

from the Europa competition web site (http://europa.eu.int/comm/competition/mergers/cases/) free of charge. This web site provides various facilities to help locate individual merger decisions, including company, case number, date and sectoral indexes,

| — | in electronic form in the ‘CEN’ version of the CELEX database, under document number 32004M3563. CELEX is the computerized documentation system of European Community law. (http://europa.eu.int/celex) |
| --- | --- |

—

in electronic form in the ‘CEN’ version of the CELEX database, under document number 32004M3563. CELEX is the computerized documentation system of European Community law. (http://europa.eu.int/celex)

---
a10a71.htm




Exhibit 10(a)71







SYSTEM EXECUTIVE CONTINUITY PLAN


OF ENTERGY CORPORATION AND SUBSIDIARIES


(As Amended and Restated Effective January 1, 2009)







Certificate of Amendment







Amendment No. 3







THIS INSTRUMENT, executed this 15th day of December, 2011, but made effective January 27, 2011, constitutes the Third Amendment of the System Executive Continuity Plan of Entergy Corporation and Subsidiaries (As Amended and Restated Effective January 1, 2009) (the “Plan”).







All capitalized terms used in this Amendment No. 3 shall have the meanings assigned to them in the Plan unless otherwise herein defined.







Pursuant to Section 7.01 of the Plan and in accordance with the Resolutions of the Personnel Committee of the Board of Directors adopted at its meeting of January 27, 2011, the last sentence of Section 1.01 of the Plan is hereby amended in its entirety to read as follows:







Notwithstanding the foregoing, the term “Administrator” shall for Plan administrative purposes include the office of the senior-most System officer with responsibility for Human Resources and Administration, to whom the Personnel Committee has delegated the authority to act on its behalf with respect to all Plan administrative matters.












IN WITNESS WHEREOF, the Personnel Committee has caused this Third Amendment to the System Executive Continuity Plan of Entergy Corporation and Subsidiaries (As Amended and Restated Effective January 1, 2009) to be executed by its duly authorized representative on the day, month, and year above set forth, but effective January 27, 2011.












ENTERGY CORPORATION


PERSONNEL COMMITTEE


through the undersigned duly authorized representative
















/s/ E. Renae Conley




E. Renae Conley


Executive Vice-President,


Human Resources and Administration
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 Annual Report of Derek Resources Corporation (the "Company") on Form 20-F for the fiscal year ended April 30, 2004 as filed with the Securities and Exchange Commission on the date hereof (the "Report"), I, Barry C.J. Ehrl, President, CEO and Director 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 15(d) of the Securities Exchange Act of 1934; and



2.

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







Date:  November 15, 2004



DEREK OIL & GAS CORPORATION





/s/ Barry C.J. Ehrl

_______________________
Barry C.J. Ehrl

President, CEO and Director
Nicole SMITH v. CRESCENT CITY PHYSICIANS, INC.

NO. 2018-CC-0318

Supreme Court of Louisiana.

April 16, 2018

Denied.
Loan forgiveness letter agreement with Christopher L. Burnley



 EXHIBIT 10.30 
 

 
 January 15, 2008 
 Mr. Christopher Burnley 
 [Address] 
 Dear Chris: 
 This letter confirms that the Board of Directors has elected to forgive $62,500 in principal and $1,148.44 in
accrued interest1, effective on January 15, 2008, pursuant to your note dated June 9, 2003. As a result of the forgiveness of these
amounts, there is no remaining principal outstanding under the note. 
 In connection with the above, you acknowledge and agree that Phenomix shall no longer
be obligated to pay you the bonus amounts described in Section 9 of your employment offer letter agreement with Phenomix, dated April 24, 2003. 
 Best Regards; 
 /s/ Brian L. Baker 
 Brian L. Baker, CPA 
 Vice President, Finance 
  

			
		 	 Acknowledged and agreed:

		
		 	 /s/ Christopher L. Burnley

		 	 Christopher L. Burnley



  
  

	 1
	 	 Loan is anticipated to qualify as an employee relocation loan for federal tax purposes and thus the interest portion
will be excluded from taxable income. 


  

 Phenomix Corporation • 5871 Oberlin Drive, Suite 200 • San Diego, CA 92121•
858-731-5200 telephone • 858-731-5226 fax
EXHIBIT 32.1


           CERTIFICATIONS PURSUANT TO SECURITIES EXCHANGE ACT OF 1934
                         RULE 13a-14(b) OR 15d-14(b) AND
                             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  Dazzling
Investments,  Inc. (the  "Company") on Form 10-QSB for the period ended June 30,
2005, as filed with the  Securities  and Exchange  Commission on the date hereof
(the  "Report"),  I, Gloria Eck,  President and Chief  Executive  Officer of the
Company,  hereby  certifies for the purpose of complying  with Rule 13a-14(b) or
Rule 15d-14(b) of the Securities  Exchange Act of 1934 (the "Exchange  Act") and
Section 1350 of Chapter 63 of Title 18 of the United States Code, that:

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

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




Dated: August 12, 2005                    By: /s/ GLORIA ECK
                                          _____________________________________
                                          Gloria Eck
                                          President and Chief Executive Officer
                                          and Director



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
REQUIRED BY SECTION 906, HAS BEEN PROVIDED TO DAZZLING INVESTMENTS, INC., AND
WILL BE RETAINED BY DAZZLING INVESTMENTS, INC., AND FURNISHED TO THE SECURITIES
AND EXCHANGE COMMISSION OR ITS STAFF UPON REQUEST.
United States Court of Appeals

For the Eighth Circuit

___________________________

No. 22-1837

___________________________

United States of America

lllllllllllllllllllllPlaintiff - Appellee

v.

Rafael Melendrez

lllllllllllllllllllllDefendant - Appellant

 ____________

Appeal from United States District Court 

for the Western District of Arkansas - Fayetteville

 ____________

Submitted: August 22, 2022

Filed: August 29, 2022 

[Unpublished]

____________

Before SHEPHERD, MELLOY, and STRAS, Circuit Judges. 

____________

PER CURIAM.

Rafael Melendrez appeals the sentence the district court1 imposed after he

pleaded guilty to a firearm offense. His counsel has moved for leave to withdraw and

1The Honorable Timothy L. Brooks, United States District Judge for the

Western District of Arkansas.
has filed a brief under Anders v. California, 386 U.S. 738 (1967), challenging the

substantive reasonableness of the prison sentence. 

Having reviewed the record under a deferential abuse-of-discretion standard

of review, see Gall v. United States, 552 U.S. 38, 41, 51 (2007), we conclude

Melendrez’s prison sentence was not substantively unreasonable. The district court

considered the statutory sentencing factors and did not overlook a relevant factor,

give significant weight to an improper or irrelevant factor, or commit a clear error of

judgment in weighing relevant factors. See 18 U.S.C. § 3553(a); United States v.

Feemster, 572 F.3d 455, 461 (8th Cir. 2009) (en banc); see also United States v.

Dunn, 928 F.3d 688, 694 (8th Cir. 2019). We have also independently reviewed the

record under Penson v. Ohio, 488 U.S. 75 (1988), and have found no non-frivolous

issues for appeal. 

Accordingly, we affirm the judgment of the district court and grant counsel’s

motion to withdraw. 

______________________________

-2-
UNITED STATES DISTRICT COURT 

FOR THE DISTRICT OF COLUMBIA 

WALTER BERNARD MORTON, JR., 

 Plaintiff, 

 v. 

UNITED STATES PAROLE 

COMMISSION, et al., 

 Defendants. 

 Civil Action No. 17-1112 (RDM) 

ORDER

For the reasons stated in the accompanying Memorandum Opinion, Dkt. 24, it is hereby 

ORDERED that Defendant’s Motion to Dismiss or, in the alternative, to Transfer, Dkt. 14, is 

GRANTED in part and DENIED in part; and it is further 

ORDERED that Plaintiff’s Motion for Summary Judgment, Dkt. 13, is DENIED; and it 

is further 

ORDERED that the remainder of Plaintiff’s complaint is dismissed on the Court’s own 

motion for failure to state a claim; and it is further 

ORDERED that the Clerk of the Court shall terminate this case. 

 
2 

This Order constitutes the final judgment of the Court within the meaning of Federal Rule 

of Civil Procedure 58(a). 

SO ORDERED.

 /s/ Randolph D. Moss 

 RANDOLPH D. MOSS 

 United States District Judge 

 

Date: July 6, 2018
IN THE SUPREME COURT OF PENNSYLVANIA

EASTERN DISTRICT

COMMONWEALTH OF PENNSYLVANIA,

 Respondent

 v.

BENJAMIN COOPER,

 Petitioner

:

:

:

:

:

:

:

:

:

:

:

No. 170 EAL 2015

Petition for Allowance of Appeal from the

Order of the Superior Court

ORDER

PER CURIAM

AND NOW, this 30th day of June, 2015, the Petition for Allowance of Appeal is

DENIED.
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 annual report of Digital Learning Management (the “Company”)
on Form 10-KSB for the period ending December 31, 2004 as filed with the
Securities and Exchange Commission on the date hereof (the “Report”), each of
the undersigned, in the capacities and on the dates indicated below, hereby
certifies, pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section
906 of the Sarbanes-Oxley Act of 2002, that to his knowledge:
 
 (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/
Aurangzeb Bhatti
 Aurangzeb
Bhatti
 President
(Principal Executive Officer)
 
 
 /s/ Umesh
Patel
 Umesh
Patel
 Chief
Financial Officer (Principal Financial Officer)
 
 
 May 19,
2005
 
 A signed
original of this written statement required by Section 906 has been provided to
Digital Learning Management Corporation and will be retained by Digital Learning
Management Corporation and furnished to the Securities and Exchange Commission
or its staff upon request.
  -34-
II 

112TH CONGRESS 

2D SESSION S. 3372 

To amend section 704 of title 18, United States Code. 

IN THE SENATE OF THE UNITED STATES 

JULY 11, 2012 

Mr. WEBB (for himself and Mr. CONRAD) introduced the following bill; which 

was read twice and referred to the Committee on the Judiciary 

A BILL 

To amend section 704 of title 18, United States Code. 

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

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Military Service Integ5 rity Act of 2012’’. 

6 SEC. 2. MILITARY MEDALS OR DECORATIONS. 

7 Section 704 of title 18, United States Code, is 

8 amended to read as follows: 

9 ‘‘§ 704. Military medals or decorations 

10 ‘‘(a) IN GENERAL.—Whoever knowingly purchases, 

11 attempts to purchase, solicits for purchase, mails, ships, 

12 imports, exports, produces blank certificates of receipt for, 

mstockstill on DSK4VPTVN1PROD with BILLS

2 

•S 3372 IS

1 manufactures, sells, attempts to sell, advertises for sale, 

2 trades, barters, or exchanges for anything of value any 

3 decoration or medal authorized by Congress for the Armed 

4 Forces of the United States, or any of the service medals 

5 or badges awarded to the members of such forces, or the 

6 ribbon, button, or rosette of any such badge, decoration, 

7 or medal, or any colorable imitation thereof, except when 

8 authorized under regulations made pursuant to law, shall 

9 be fined under this title, imprisoned for not more than 

10 6 months, or both. 

11 ‘‘(b) FALSE CLAIMS TO THE RECEIPT OF MILITARY

12 DECORATIONS, MEDALS, OR RIBBONS IN ORDER TO SE13 CURE A TANGIBLE BENEFIT OR PERSONAL GAIN.— 

14 ‘‘(1) IN GENERAL.—Whoever, with the intent of 

15 securing a tangible benefit or personal gain, know16 ingly, falsely, and materially represents himself or 

17 herself through any written or oral communication 

18 (including a resume) to have served in the Armed 

19 Forces of the United States or to have been awarded 

20 any decoration, medal, ribbon, or other device au21 thorized by Congress or pursuant to Federal law for 

22 the Armed Forces of the United States, shall be 

23 fined under this title, imprisoned for not more than 

24 6 months, or both. 

mstockstill on DSK4VPTVN1PROD with BILLS

3 

•S 3372 IS

1 ‘‘(2) TANGIBLE BENEFIT OR PERSONAL GAIN.— 

2 For purposes of this subsection, the term ‘tangible 

3 benefit or personal gain’ includes— 

4 ‘‘(A) a benefit relating to military service 

5 provided by the Federal Government or a State 

6 or local government; 

7 ‘‘(B) employment or professional advance8 ment; 

9 ‘‘(C) financial remuneration; 

10 ‘‘(D) an effect on the outcome of a crimi11 nal or civil court proceeding; and 

12 ‘‘(E) an impact on one’s personal credi13 bility in a political campaign.’’. 

Æ 

mstockstill on DSK4VPTVN1PROD with BILLS
CERTIFICATION
OF CHIEF EXECUTIVE OFFICER AND
 CHIEF
FINANCIAL OFFICER
 PURSUANT
TO
 18 U.S.C.
SECTION 1350,
 AS
ADOPTED PURSUANT TO
 SECTION
906 OF THE SARBANES-OXLEY ACT OF 2002
  
   In
connection with the accompanying Quarterly Report on Form 10-QSB of
Planet411.com Inc., for the quarter ended December 31, 2004, I, Victor Cantore,
certify, pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906
of the Sarbanes-Oxley Act of 2002, to my knowledge, that:
  (1)
    the
      Quarterly Report on Form 10-QSB of Planet411.com Inc. for the quarter
      ended December 31, 2004 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 Quarterly Report on Form 10-QSB for the
      quarter ended December 31, 2004, fairly presents in all material respects,
      the financial condition and results of operations of Planet411.com
      Inc.
     /s/ Victor
Cantore