alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
EXHIBIT 3.9

               CERTIFICATE OF DESIGNATION, PREFERENCES AND RIGHTS
                           OF SERIES A PREFERRED STOCK
                                       OF
                                    XRG, INC.


     XRG, INC., a corporation organized and existing under the laws of the State
of Delaware  (hereinafter  "Corporation"),  in  accordance  with the  provisions
ofss.151(g) of the Delaware General Corporation Law, does hereby certify:

     FIRST: The Certificate of  Incorporation  of the  Corporation,  as amended,
expressly  grants to the Board of  Directors  of the  Corporation  authority  to
establish  series of  Preferred  Stock and to fix, in the manner and to the full
extent provided and permitted by law, the rights, preferences and limitations of
each series of the  Preferred  Stock and the relative  rights,  preferences  and
limitations between or among such series.

     SECOND: Pursuant to such authority conferred upon the Board of Directors by
the Certificate of  Incorporation  of the  Corporation,  the Board of Directors,
acting by written consent pursuant to ss.141 of the Delaware General Corporation
Law, duly approved and adopted resolutions establishing and designating Series A
Preferred  Stock  and  authorizing  the  rights  of the  Corporation's  Series A
Preferred Stock as follows:

     BE  IT  RESOLVED  that  there  is  hereby   established  Series  A  of  the
     Corporation's Preferred Stock.

     FURTHER  RESOLVED,  that the  designation,  number of shares and the voting
     power of the Corporation's Preferred Stock, Series A, are as follows:

     1. Designation. The designation of the series of preferred stock created by
     this  resolution  shall be  Series  A  Preferred  Stock,  $.001  par  value
     (hereinafter  "Series  A  Preferred  Stock"),  and  the  number  of  shares
     constituting such series shall be 5,000,000.

     2. Voting Rights. The holders of Series A Preferred Stock shall be entitled
     to ten (10) votes for each share held on all  matters on which the  holders
     of the  Corporation's  Common  Stock are  entitled  to vote and shall  vote
     together  with the holders of Common  Stock and not as a separate  class or
     series.

     3.  Other  Rights.  Series  A  Preferred  Stock  shall  have  no  dividend,
     conversion, or redemption rights and no liquidation preferences.

<PAGE>

     IN  WITNESS  WHEREOF,  the  Corporation  has  caused  this  Certificate  of
Designation,  Preferences and Rights of Series A Preferred Stock to be signed by
its  President  and attested by its Secretary  whereby said  President  affirms,
under the penalties of perjury, that this Certificate is the act and deed of the
Corporation  and that the facts stated  herein are true,  this 25th day of June,
2003.



                                    XRG, INC.

                                    By:
                                       -----------------------------------------
                                                      President
Attest:

----------------------------
         Secretary
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.                  

###### Small Business Administration

          - [Disaster Declaration #16972 and #16973; TENNESSEE Disaster Number TN-00128]

# AGENCY:

U.S. Small Business Administration.

# ACTION:

Amendment 1.

# SUMMARY:

This is an amendment of the Presidential declaration of a major disaster for Public Assistance Only for the State of Tennessee (FEMA—4601—DR), dated 05/08/2021.

*Incident:*                         Severe Storms, Tornadoes, and Flooding.                    

*Incident Period:*                         03/25/2021 through 04/03/2021.                    

# DATES:

Issued on 06/22/2021.

*Physical Loan Application Deadline Date:*                         07/07/2021.                    

*Economic Injury (EIDL) Loan Application Deadline Date:*                         02/08/2022.                    

# ADDRESSES:

Submit completed loan applications to: U.S. Small Business Administration, Processing and Disbursement Center, 14925 Kingsport Road, Fort Worth, TX 76155.

# FOR FURTHER INFORMATION CONTACT:

A. Escobar, Office of Disaster Assistance, U.S. Small Business Administration, 409 3rd Street SW, Suite 6050, Washington, DC 20416, (202) 205-6734.

# SUPPLEMENTARY INFORMATION:

The notice of the President's major disaster declaration for Private Non-Profit organizations in the State of Tennessee, dated 05/08/2021, is hereby amended to include the following areas as adversely affected by the disaster.
      ( print page 34299)    
*Primary Counties:*                     Marion.                

All other information in the original declaration remains unchanged.

(Catalog of Federal Domestic Assistance Number 59008)

James Rivera,

Associate Administrator for Disaster Assistance.

[FR Doc. 2021-13779 Filed 6-28-21; 8:45 am]

BILLING CODE 8026-03-P
# L_2008188EN.01001601.xml

| 16.7.2008 | EN | Official Journal of the European Union | L 188/16 |
| --- | --- | --- | --- |

16.7.2008

EN

Official Journal of the European Union

L 188/16

---

COMMISSION REGULATION (EC) No 670/2008

of 15 July 2008

entering a name in the register of protected designations of origin and protected geographical indications (Arroz Carolino das Lezírias Ribatejanas (PGI))

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Regulation (EC) No 510/2006 of 20 March 2006 on the protection of geographical indications and designations of origin for agricultural products and foodstuffs (1), and in particular the first subparagraph of Article 7(4) thereof,

Whereas:

| (1) | In accordance with the first subparagraph of Article 6(2) of Regulation (EC) No 510/2006, Portugal’s application to enter the name ‘Arroz Carolino das Lezírias Ribatejanas’ in the register was published in the Official Journal of the European Union (2). |
| --- | --- |

(1)

In accordance with the first subparagraph of Article 6(2) of Regulation (EC) No 510/2006, Portugal’s application to enter the name ‘Arroz Carolino das Lezírias Ribatejanas’ in the register was published in the Official Journal of the European Union (2).

| (2) | As no objection pursuant to Article 7 of Regulation (EC) No 510/2006 has been received by the Commission, this name should be entered in the register, |
| --- | --- |

(2)

As no objection pursuant to Article 7 of Regulation (EC) No 510/2006 has been received by the Commission, this name should be entered in the register,

HAS ADOPTED THIS REGULATION:

Article 1

The name contained in the Annex to this Regulation shall be entered in the register.

Article 2

This Regulation shall enter into force on the 20th day following its publication in the Official Journal of the European Union.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 15 July 2008.

For the Commission

Mariann FISCHER BOEL

Member of the Commission

---

(1)  
  OJ L 93, 31.3.2006, p. 12. Regulation last amended by Commission Regulation (EC) No 417/2008 (OJ L 125, 9.5.2008, p. 27).

1

(2)  
  OJ C 258, 31.10.2007, p. 12.

2

---

ANNEX

Agricultural products intended for human consumption listed in Annex I to the Treaty:

| Class 1.6. | Fruit, vegetables and cereals fresh or processed |
| --- | --- |

Class 1.6.

Fruit, vegetables and cereals fresh or processed

PORTUGAL

Arroz Carolino das Lezírias Ribatejanas (PGI).

---
* The Honorable Harold D. Vietor, United States District Judge for the Southern

District of Iowa, sitting by designation.



## United States Court of Appeals FOR THE EIGHTH CIRCUIT

___________ No. 00-2519

___________ Robert Becker; Virgil Borgmeyer; * Tyrone Caley; Allen Dahlstrom; * Thomas H. Patterson; Joseph Roberts; * Donald Stephens, * * Appeal from the United States Appellants, * District Court for the Western

* District of Missouri. v. * * [UNPUBLISHED] ABB Power T & D Company, Inc., * * Appellee. *

___________ Submitted: April 13, 2001 Filed: April 18, 2001

___________ Before BOWMAN and FAGG, Circuit Judges, and VIETOR, * District Judge.

___________ PER CURIAM. After they were terminated in a reduction in force (RIF), seven former employees of ABB Power T & D Company brought this lawsuit alleging the RIF was a pretext for** The Honorable Gary A. Fenner, United States District Judge for the Western District of Missouri. -2- age discrimination. The district court ** granted summary judgment to ABB Power, concluding the RIF was a bona fide exercise of business judgment and the former employees failed individually to show they were discriminated against because of their age. The employees challenge the summary judgment decision on appeal, asserting the district court failed to consider certain evidence, to discount other evidence, to draw allreasonable inferences in their favor, and to apply the law correctly. We reject these assertions. Having carefully reviewed the evidence about each former employee and assuming that each former employee established a prima facie case, we agree with the district court's analysis that no reasonable jury could conclude ABB Power's stated reasons for

the employees' layoffs were a pretext for age discrimination. See Reeves v. Sanderson Plumbing Prods., Inc. , 530 U.S. 133, 148-49 (2000). The former employees argue the district court failed to apply Reeves , which the Supreme Court decidedsix days after the district court's ruling. Although the district court recited Eighth Circuit law displaced by Reeves , the district court's decision is in keeping with the Reeves decision. We thus conclude the district court correctly granted summary judgment, and affirm without extended discussion. See 8th Cir. R. 47B. A true copy.
Attest: CLERK, U.S. COURT OF APPEALS, EIGHTH CIRCUIT.
<TABLE> <S> <C>

<PAGE>
<ARTICLE> 9
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM NATIONAL
MERCANTILE BANCORP'S MARCH 31, 2000 CONSOLIDATED FINANCIAL STATEMENTS AND
RELATED SCHEDULES.
</LEGEND>
<MULTIPLIER> 1,000

<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                          DEC-31-2000
<PERIOD-START>                             JAN-01-2000
<PERIOD-END>                               MAR-31-2000
<CASH>                                          10,437
<INT-BEARING-DEPOSITS>                               0
<FED-FUNDS-SOLD>                                 8,780
<TRADING-ASSETS>                                     0
<INVESTMENTS-HELD-FOR-SALE>                     70,346
<INVESTMENTS-CARRYING>                               0
<INVESTMENTS-MARKET>                                 0
<LOANS>                                         79,134
<ALLOWANCE>                                      1,917
<TOTAL-ASSETS>                                 169,432
<DEPOSITS>                                     133,946
<SHORT-TERM>                                    12,000
<LIABILITIES-OTHER>                              1,390
<LONG-TERM>                                     10,500
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                      6,415
<COMMON>                                        25,549
<OTHER-SE>                                    (20,368)
<TOTAL-LIABILITIES-AND-EQUITY>                 169,432
<INTEREST-LOAN>                                  1,800
<INTEREST-INVEST>                                1,209
<INTEREST-OTHER>                                    82
<INTEREST-TOTAL>                                 3,091
<INTEREST-DEPOSIT>                                 591
<INTEREST-EXPENSE>                               1,047
<INTEREST-INCOME-NET>                            2,044
<LOAN-LOSSES>                                        0
<SECURITIES-GAINS>                                   0
<EXPENSE-OTHER>                                  1,856
<INCOME-PRETAX>                                    382
<INCOME-PRE-EXTRAORDINARY>                           0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                       375
<EPS-BASIC>                                       0.47
<EPS-DILUTED>                                     0.15
<YIELD-ACTUAL>                                    5.26
<LOANS-NON>                                        580
<LOANS-PAST>                                         0
<LOANS-TROUBLED>                                     0
<LOANS-PROBLEM>                                      0
<ALLOWANCE-OPEN>                                 1,896
<CHARGE-OFFS>                                       30
<RECOVERIES>                                        51
<ALLOWANCE-CLOSE>                                1,917
<ALLOWANCE-DOMESTIC>                             1,253
<ALLOWANCE-FOREIGN>                                  0
<ALLOWANCE-UNALLOCATED>                            664


</TABLE>
_________________________________________ 

 

 

Order Michigan Supreme Court 

Lansing, Michigan 

April 28, 2006 Clifford W. Taylor,

 Chief Justice 

Michael F. Cavanagh 

Elizabeth A. Weaver 128916(57) Marilyn Kelly 

Maura D. Corrigan 

Robert P. Young, Jr. 

Stephen J. Markman, GWAN JUN KIM and KEESOO KIM, Justices 

Plaintiffs-Appellants, 

v SC: 128916 

 COA: 260071 

Kent CC: 03-008356-CZ 

KIA MOTORS AMERICA, 

Defendant-Appellee. 

_________________________________________/ 

On order of the Court, the motion for reconsideration of this Court's order of 

January 27, 2006 is considered, and it is DENIED, because it does not appear that the 

order was entered erroneously. 

KELLY, J., would grant reconsideration and, on reconsideration, would grant leave 

to appeal. 

d0424 

I, Corbin R. Davis, 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. 

April 28, 2006 

Clerk
#### COMMERCIAL BANK, Respondent, v. FOLTZ et al., Appellants.

(Supreme Court, Appellate Division, Fourth Department.

February 6, 1898.)

Action by the Commercial Bank against Moses Foltz and Beaman Catto, impleaded, etc.

No opinion. Order of July 2d, denying motion to correct an order granted June 11, 1896, and order denying motion to strike out Catto’s amended answer, and denying motion to vacate another order granted June 11, 1896, which vacated an order denying plaintiff’s motion to strike out the amended answer of Catto, affirmed, without costs to either party. See 41 N. Y. Supp. 183.
<TABLE> <S> <C>

<ARTICLE> 5

<S>                             <C>
<PERIOD-TYPE>                   6-MOS
<FISCAL-YEAR-END>                          DEC-31-1999
<PERIOD-END>                               JUN-30-1999
<CASH>                                          11,668
<SECURITIES>                                         0
<RECEIVABLES>                                   54,789
<ALLOWANCES>                                   (1,218)
<INVENTORY>                                     42,709
<CURRENT-ASSETS>                               110,427
<PP&E>                                          47,790
<DEPRECIATION>                                (25,764)
<TOTAL-ASSETS>                                 387,507
<CURRENT-LIABILITIES>                           43,135
<BONDS>                                        273,750
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                             1
<OTHER-SE>                                      22,057
<TOTAL-LIABILITY-AND-EQUITY>                   387,507
<SALES>                                        154,394
<TOTAL-REVENUES>                               154,394
<CGS>                                           98,556
<TOTAL-COSTS>                                   98,556
<OTHER-EXPENSES>                                29,203
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                              17,006
<INCOME-PRETAX>                                  9,996
<INCOME-TAX>                                     4,498
<INCOME-CONTINUING>                              5,498
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                     5,498
<EPS-BASIC>                                          0
<EPS-DILUTED>                                        0


</TABLE>
#### UNITED STATES of America, Plaintiff-Appellee, v. James Michael O’QUINN, Defendant-Appellant.

No. 10-15809

Non-Argument Calendar.

United States Court of Appeals, Eleventh Circuit.

Aug. 4, 2011.

*947Robert G. Davies, Thomas F. Kirwin, U.S. Attorney’s Office, Pensacola, FL, Francis Todd Williams, U.S. Attorney’s Office, Gainesville, FL, for Plaintiff-Appel-lee.

Barbara Sanders, Attorney at Law, Apalachicola, FL, for Defendant-Appellant.

Before TJOFLAT, PRYOR and FAY, Circuit Judges.

PER CURIAM:

James O’Quinn appeals his sentence of 108 months of imprisonment for receiving and distributing child pornography. 18 U.S.C. § 2252A(a)(2)(A), (b)(1). O’Quinn challenges the two-level enhancement of his sentence for distributing child pornography, United States Sentencing Guidelines Manual § 2G2.2(b)(3)(F) (2009), and the denial of his corresponding request for a two-level reduction of his sentence on the ground that he intended only to solicit and receive the pornographic materials, *id.*§ 2G2.2(b)(l). We affirm.

The district court did not err when it enhanced O’Quinn’s sentence for distributing child pornography and denied his corresponding request for a reduction of his sentence. O’Quinn pleaded guilty to Count One of his indictment that charged him with “knowingly receiving] and distributing] and attempting] to receive and distribute child pornography,” and he was subject to a two-level increase of his sentence for distributing that contraband, *id.*§ 2G2.2(b)(3)(F). The commentary to section 2G2.2 provides that “distribution includes posting material involving the sexual exploitation of a minor on a website for public viewing.” *Id.*cmt. n. 1. O’Quinn admitted during his sentencing hearing that he “ma[d]e [the] [child pornography] files [on his computer] available” for “public viewing” through a file-sharing program called Limewire.

We AFFIRM O’Quinn’s sentence.
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