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


C\_2020102EN.01001201.xml


| | | | |
| --- | --- | --- | --- |
| 30.3.2020 | EN | Official Journal of the European Union | C 102/12 |

---

Prior notification of a concentration

(Case M.9614 – ÖBB-Technische Services-Gesellschaft mbH/LTE Logistik- und Transport-GmbH)

Candidate case for simplified procedure

(Text with EEA relevance)

(2020/C 102/08)

1.

On 17 March 2020, the Commission received notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 [(1)](#ntr1-C_2020102EN.01001201-E0001).

This notification concerns the following undertakings:

| | |
| --- | --- |
| — | ÖBB-Technische Services-Gesellschaft mbH (‘OBB-TS’, Austria), |

| | |
| --- | --- |
| — | LTE Logistik- und Transport-GmbH (‘LTE’, Austria), |

| | |
| --- | --- |
| — | Instandhaltungs GmbH (‘JV’, Austria). |

OBB-TS and LTE acquire within the meaning of Article 3(1)(b) and 3(4) of the Merger Regulation joint control of the newly created JV.

The concentration is accomplished by way of purchase of shares in a newly created company constituting a joint venture.

2.

The business activities of the undertakings concerned are:

| | |
| --- | --- |
| — | OBB-TS is a provider of maintenance services for rolling stock. |

| | |
| --- | --- |
| — | LTE is a logistic company that provides cargo train services. |

| | |
| --- | --- |
| — | The JV will provide light maintenance services for rolling stock at one facility near Vienna, Austria. |

3.

On preliminary examination, the Commission finds that the notified transaction could fall within the scope of the Merger Regulation. However, the final decision on this point is reserved.

Pursuant to the Commission Notice on a simplified procedure for treatment of certain concentrations under the Council Regulation (EC) No 139/2004 [(2)](#ntr2-C_2020102EN.01001201-E0002) it should be noted that this case is a candidate for treatment under the procedure set out in the Notice.

4.

The Commission invites interested third parties to submit their possible observations on the proposed operation to the Commission.

Observations must reach the Commission not later than 10 days following the date of this publication. The following reference should always be specified:

M.9614 — OBB-TS/LTE

Observations can be sent to the Commission by email, by fax, or by post. Please use the contact details below:

Email: COMP-MERGER-REGISTRY@ec.europa.eu

Fax +32 22964301

Postal address:

| |
| --- |
| European Commission |
| Directorate-General for Competition |
| Merger Registry |
| 1049 Bruxelles/Brussel |
| BELGIQUE/BELGIË |

---

[(1)](#ntc1-C_2020102EN.01001201-E0001)  [OJ L 24, 29.1.2004, p. 1](http://publications.europa.eu/resource/oj/JOL_2004_024_R_TOC) (the ‘Merger Regulation’).

[(2)](#ntc2-C_2020102EN.01001201-E0002)  [OJ C 366, 14.12.2013, p. 5](http://publications.europa.eu/resource/oj/JOC_2013_366_R_TOC).

---
# C_2020251EN.01001101.xml

| 31.7.2020 | EN | Official Journal of the European Union | C 251/11 |
| --- | --- | --- | --- |

31.7.2020

EN

Official Journal of the European Union

C 251/11

---

Notice for the attention of the persons subject to the restrictive measures provided for in Council Decision (CFSP) 2019/797, as amended by Council Decision (CFSP) 2020/1127, and in Council Regulation 2019/796, as implemented by Council Implementing Regulation (EU) 2020/1125 concerning restrictive measures against cyber-attacks threatening the Union or its Member States

(2020/C 251/08)

The following information is brought to the attention of the persons that appear in the Annex to Council Decision (CFSP) 2019/797 (1), as amended by Council Decision (CFSP) 2020/1127 (2), and in Annex I to Council Regulation 2019/796 (3), as implemented by Council Implementing Regulation (EU) 2020/1125 (4) concerning restrictive measures against cyber-attacks threatening the Union or its Member States.

The Council of the European Union has decided that the persons and entities that appear in the above-mentioned Annexes should be included in the list of persons and entities subject to the restrictive measures provided for in Decision (CFSP) 2019/797 and Regulation (EU) 2019/796. The grounds for the listing of the persons concerned appear in the relevant entries in those Annexes.

The attention of the persons concerned is drawn to the possibility of making an application to the competent authorities of the relevant Member State(s) as indicated on the websites in Annex II to Regulation (EU) 2019/796 concerning restrictive measures against cyber-attacks threatening the Union or its Member States, in order to obtain an authorisation to use frozen funds for basic needs or specific payments.

The persons concerned may submit a request to the Council, together with supporting documentation, that the decision to include them on the above-mentioned lists should be reconsidered, before 15 October 2020, to the following address:

| Council of the European Union |
| --- |
| General Secretariat |
| RELEX.1.C |
| Rue de la Loi/Wetstraat 175 |
| 1048 Bruxelles/Brussel |
| BELGIQUE/BELGIË |

Council of the European Union

General Secretariat

RELEX.1.C

Rue de la Loi/Wetstraat 175

1048 Bruxelles/Brussel

BELGIQUE/BELGIË

Email: sanctions@consilium.europa.eu

Any observations received will be taken into account for the purpose of the Council’s periodic review, in accordance with Article 10 of Decision (CFSP) 2019/797 concerning restrictive measures against cyber-attacks threatening the Union or its Member States.

The attention of the persons concerned is also drawn to the possibility of challenging the Council’s decision before the General Court of the European Union, in accordance with the conditions laid down in Article 275, second paragraph, and Article 263, fourth and sixth paragraphs, of the Treaty on the Functioning of the European Union.

---

(1)  OJ L 129 I, 17.5.2019, p. 13.

(2)  OJ L 246, 30.7.2020, p. 12.

(3)  OJ L 129 I, 17.5.2019, p. 1.

(4)  OJ L 246, 30.7.2020, p. 4.

---
# C_2020327EN.01000301.xml

| 5.10.2020 | EN | Official Journal of the European Union | C 327/3 |
| --- | --- | --- | --- |

5.10.2020

EN

Official Journal of the European Union

C 327/3

---

Notice for the attention of persons subject to the restrictive measures provided for in Council Decision 2012/642/CFSP, as implemented by Council Implementing Decision (CFSP) 2020/1388 and in Council Regulation (EC) No 765/2006, as implemented by Council Implementing Regulation (EU) 2020/1387 concerning restrictive measures against Belarus

(2020/C 327/03)

The following information is brought to the attention of the persons designated in the Annex to Council Decision 2012/642/CFSP (1), as implemented by Council Implementing Decision (CFSP) 2020/1388 (2), and in Annex I to Council Regulation (EC) No 765/2006 (3) as implemented by Council Implementing Regulation (EU) 2020/1387 (4), concerning restrictive measures against Belarus.

The Council of the European Union has decided that the persons that appear in the above‐mentioned Annexes should be included on the list or persons subject to restrictive measures provided for in Decision 2012/642/CFSP and Regulation (EC) No 765/2006. The grounds for designations of those persons appear in the relevant entries in those Annexes.

The attention of the persons concerned is drawn to the possibility of making an application to the competent authorities of the relevant Member State(s) as indicated in the websites in Annex II to Council Regulation (EC) No 765/2006, in order to obtain an authorisation to use frozen funds for basic needs or specific payments (cf. Article 3 of the Regulation).

The persons concerned may submit a request to the Council before 31 December 2020, together with supporting documentation that the decision to include them on the above-mentioned list should be reconsidered, to the following address:

| Council of the European Union |
| --- |
| General Secretariat |
| RELEX.1.C |
| Rue de la Loi/Wetstraat 175 |
| 1048 Bruxelles/Brussel |
| BELGIQUE/BELGIË |

Council of the European Union

General Secretariat

RELEX.1.C

Rue de la Loi/Wetstraat 175

1048 Bruxelles/Brussel

BELGIQUE/BELGIË

Email: sanctions@consilium.europa.eu

Any observations received will be taken into account for the purpose of the Council’s periodic review, pursuant to Article 8(2) of Decision 2012/642/CFSP and Article 8a(4) of Regulation (EC) No 765/2006, of the list of designated persons and entities.

---

(1)  OJ L 285, 17.10.2012, p. 1.

(2)  OJ L 319 I, 2.10.2020, p. 13

(3)  OJ L 134, 20.5.2006, p. 1.

(4)  OJ L 319 I, 2.10.2020, p. 1

---
<PAGE>

                                  EXHIBIT 99.1


                          [BANK OF NEW YORK LETTERHEAD]

                                BANK OF NEW YORK

                              Officer's Certificate

                          -----------------------------
                                 February 21, 2006



MERRILL LYNCH DEPOSITOR, INC.
North Tower, 7th Floor
4 World Financial Center
New York, New York 10080

              PREFERREDPLUS, PPLUS TRUST AND INDEXPLUS CERTIFICATE

The undersigned, Thomas J. Bogert, the Vice President-Manager of The Bank of New
York, a New York corporation (the "Trustee"), hereby certifies in such capacity
that, based on his knowledge, the Trustee has complied, in all material
respects, with all conditions and covenants applicable to the Trustee under the
Standard Terms for Trust Agreements dated February 20, 1998 between Merrill
Lynch Depositor, Inc. as depositor (the "Depositor") and the Trustee, as
successor to United States Trust Company of New York, as trustee and securities
intermediary (the "Securities Intermediary"), in each case as amended by a
series supplement between the Depositor, the Trustee and the Securities
Intermediary for each series of trust certificates listed in the attached
schedule.




                                    Very truly yours,

                                    BANK OF NEW YORK


                                    By: /s/ Thomas J. Bogert
                                        ------------------------
                                    Name:  Thomas J. Bogert
                                    Title: Vice President


<PAGE>

                                    SCHEDULE

Public STEERS(R) Series 1998 HLT-1 Trust
Public STEERS(R) Series 1998 TRV-C1 Trust
Public STEERS(R) Series 1999 REN-C1 Trust
PreferredPLUS Trust Series CCR-1
PreferredPLUS Trust Series BLS-1
PreferredPLUS Trust Series ATT-1
PreferredPLUS Trust Series NAI-1
PreferredPLUS Trust Series FRD-1
PreferredPLUS Trust Series BLC-1
PreferredPLUS Trust Series LMG-1
PreferredPLUS Trust Series CZN-1
PreferredPLUS Trust Series QWS-1
PreferredPLUS Trust Series CTR-1
PreferredPLUS Trust Series LMG-2
PreferredPLUS Trust Series QWS-2
PreferredPLUS Trust Series ALL-1
PreferredPLUS Trust Series BLC-2
PreferredPLUS Trust Series ELP-1
PreferredPLUS Trust Series MSD-1
PreferredPLUS Trust Series VER-1
PreferredPLUS Trust Series UPC-1
PreferredPLUS Trust Series FAR-1
PreferredPLUS Trust Series GEC-1
PreferredPLUS Trust Series GRC-1
PPLUS Trust Series PMC-1
PPLUS Trust Series VAL-1
PPLUS Trust Series GSG-1
PPLUS Trust Series FMC-1
PPLUS Trust Series GSG-2
PPLUS Trust Series DCC-1
PPLUS Trust Series CSF-1
PPLUS Trust Series SPR-1
PPLUS Trust Series TWC-1
PPLUS Trust Series CMT-1
PPLUS Trust Series GSC-1
PPLUS Trust Series DCNA-1
PPLUS Trust Series GSC-2
PPLUS Trust Series JPM-1
PPLUS Trust Series LMG-3
INDEXPLUS Trust 2003-1


                                       2
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NOT RECOMMENDED FOR PUBLICATION File Name: 15a0386n.06
No. 14

- 3613

UNITED STATES COURTS OF APPEALS FOR THE SIXTH CIRCUIT PNC EQUIPMENT FINANC E, LLC , Plaintiff

- Appellee ,

v. DONNA G. KELLER , Defendant

- Appellant

. ) ) ) ) ) ) ) ) ) ) ) ON APPEAL FROM THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF OHIO

BEFORE: SUHRHEINRICH, BATCHELDER, and CLAY, Circuit Judges
SUHRHEINRICH , Circuit Judge . Donna G. Keller (“Defendant”) appeals the district court’s decision denying her motion

to vacate the default judgment the court entered in favor of PNC Equipment Finance, LLC (“PNC”). This case arises out of PNC’s efforts to enforce a loan guaranty signed by Defendant. Although PNC served Defendant throu gh certified mail and personal service , Defendant did not respond to PNC’s complaint, and the district court entered a default judgment against her on August 13, 2013

. On No vember 18, 2013, Defendant moved to vacate th at judgment under
Federal Rule of Civil Procedure 60 , presenting four issues . Defendant first claimed that PNC
never served her with process, rend er ing the default judgment void due to lack of personal jurisdic tion. The district court held that the default judgment was not void becauseNo. 14

- 3613

PNC Equipment Finance, LLC v. Keller

- 2

- (1) Defendant waived personal jurisdiction under the terms of the guaranty, and (2) PNC personally served Defendant with a copy of the summons and the complaint. Defendant next
averred that her delay in responding to the c omplaint was based on excusable neglect, and that
she had viable defenses to the c omplaint. The district court found that Defendant could not allege excusable neglect because PNC personally served her, and Defe ndant chose to do nothing until the court entered judgment against her. And without the presence of excusable neglect, there was no reason to examine any viable defenses. Lastly, Defendant maintained that unusual circumstances and principles of equity re quired relief. The district court found no exceptional or extraordinary circumstances justifying relief. The court thus denied Defendant’s motion to vacate the default judgment. On appeal, Defendant repeats her arguments concerning lack of personal juris diction and the existence of excusable neglect. Defendant also claims for the first time that the district court erred by granting relief in an amount that was not supported by PNC’s exhibits , and by refusing to conduct an evidentiary hearing on Defendant ’s motion to vacate its default judgment. Having reviewed the parties’ briefs, the applicable law, and the record, and having heard oral arguments, we conclude that the district court appropriately disposed of the issues regarding personal jurisdiction a nd excusable neglect. Moreover, we conclude that the district court did not abuse its discretion in determining the amount in judgment and in foregoing an evidentiary hearing. Therefore, for the reasons stated in the district court’s order dated May 29, 2014, we
AFFIRM.
* Pursuant to 5 TH C IR . R. 47.5, the court has determined

that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5 TH C IR . R. 47.5.4. IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

No. 97-40749 Conference Calendar

UNITED STATES OF AMERICA, Plaintiff-Appellee,

versus DAVID BENAVIDEZ-RAMIREZ, Defendant-Appellant.

- - - - - - - - - - Appeal from the United States District Court for the Southern District of Texas USDC No. B-97-CR-116-1

- - - - - - - - - - April 8, 1998 Before JOLLY, JONES, and DUHÉ, Circuit Judges.
PER CURIAM: * David Benavidez-Ramirez appeals his sentence following a guilty plea for reentry after deportation in violation of 8 U.S.C. § 1326. Benavidez-Ramirez argues that he could not be sentenced under § 1326(b) because the indictment did not allege that he had a prior felony conviction. His argument is foreclosed by the Supreme Court’s decision in Almendarez-Torres v. United States , ___ U.S. ___, 1998 WL 126904, at *3, *8 (U.S. Mar. 24, 1998). AFFIRMED.
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**Exhibit 4****CONSENT OF INDEPENDENT ACCOUNTANTS**We hereby consent to the incorporation by reference in the Registration Statements on Form S-8 (No.333-124167), Form S-8 (No. 333-148673), Form F-10/A (No. 333-120383), Form F-10/A (No. 333-124641)and Form F-10/A (No. 333-148960) of InterOil Corporation of our report dated March 28, 2008relating to the financial statements and the effectiveness ofinternal control over financial reporting, which appears in the Annual Report to Shareholders,which is Exhibit 2 to this Form 40-F.PricewaterhouseCoopers