alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
Exhibit 32.2
                                  ------------


                      Statement of Chief Financial Officer
         Pursuant to Section 1350 of Title 18 of the United States Code


Pursuant to Section 1350 of Title 18 of the United States Code, the undersigned,
Henry P. Herms, the Vice President - Finance and Chief Financial Officer of
CopyTele, Inc., hereby certifies that:

     1.   The Company's Form 10-Q Quarterly Report for the period ended July 31,
          2006 (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/ Henry P. Herms
                                                    ----------------------------
                                                    Henry P. Herms
                                                    Vice President - Finance and
September 11, 2006                                  Chief Financial Officer
#### BOSKOWITZ v. ULMANN et al.

(Supreme Court, Appellate Division, First Department.

November 15, 1907.)

Appeal from Special Term.

Action by Jesse L. Boskowitz, administrator of Ignatz Boskowitz, deceased, against Albert Ulmann and another. Erom an order denying the motion of said defendant to vacate an order for his examination, to enable plaintiff to frame his complaint, said defendant appeals. Reversed, and motion granted.

Argued before PATTERSON, P. J., and INGRAHAM, LAUGH-LIN, CLARKE, and HOUGHTON, JJ,

*871Theodore Baumeister (S. Lachman, on the brief), for appellant.

Harold Nathan (John R. Dos Passos, on the brief), for respondent.

PER CURIAM.

The appellant was in the employ of the firm of J. H. Sulzbacher & Co., as manager of their main office. This action is brought by the administrator of the deceased partner against Ulmann and the surviving partner, to compel the former to account for alleged fraudulent acts and for secret profits alleged to have been made as such manager *and not accounted for to the firm. The action was commenced at the same time plaintiff commenced his action against Anton W. Sulzbacher and Joseph H. Sulzbacher. The papers upon which the order for examination of Ulmann was granted show that plaintiff believes that he has a good cause of action against Ulmann for an accounting for his acts as such manager; but otherwise the affidavits are substantially the same as those upon which the order for the examination of Anton W. Sulzbacher in the action by this plaintiff against him and Joseph H. Sulzbacher, was made, which was involved in the appeal argued and decided herewith. 106 N. Y. Supp. 865. The observations made in the opinion on that appeal with respect to the insufficiency of the affidavits apply with equal force here.

Upon the authority of that opinion, the order should be reversed, with $10 costs and disbursements, and motion to" vacate the order for" the examination should be granted, with $10 costs.
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 Defense

###### Department of the Navy

# AGENCY:

Department of the Navy, DoD.

# ACTION:

Notice of extension.

# SUMMARY:

A notice of availability was published in the **Federal Register** by the U.S. Environmental Protection Agency       ( print page 36716)    on May 14, 2021 for the Department of the Navy's (DoN) Draft Environmental Impact Statement for the Navy Old Town Campus (OTC) Revitalization. This notice announces a 30-day extension of the public comment period from July 13, 2021 to August 12, 2021.

# DATES:

The public comment period began on May 14, 2021 and will end on August 12, 2021. To be considered in the Final EIS, all comments must be postmarked or received online by 11:59 p.m. Pacific Standard Time on August 12, 2021.

# ADDRESSES:

Written comments may be submitted electronically on the project website at *www.NAVWAR-revitalization.com* or by mail to: Navy OTC Revitalization EIS Project Manager, Attention: Ron Bochenek, 750 Pacific Highway, Floor 12, San Diego, CA 92132-0058.

# FOR FURTHER INFORMATION CONTACT:

Naval Facilities Engineering Systems Command Southwest, Attention: Ron Bochenek, Navy OTC Revitalization EIS Project Manager, 750 Pacific Highway, Floor 12, San Diego, CA 92132-0058, 888-682-6289, *info@NAVWAR-revitalization.com.* You can also visit the project website at *www.NAVWAR-revitalization.com* for more information.

# SUPPLEMENTARY INFORMATION:

The Draft EIS and informational materials are available on the project website at *www.NAVWAR-revitalization.com.* The public may also review the Draft EIS and select materials at the following libraries:

1. Mission Hills-Hillcrest/Knox Library (215 West Washington Street, San Diego, CA 92103)

2. Point Loma/Hervey Library (3701 Voltaire Street, San Diego, CA 92107)

3. San Diego Central Library (330 Park Boulevard, San Diego, CA 92101)

Dated: July 8, 2021.

K.R. Callan,

Commander, Judge Advocate General's Corps, U.S. Navy, Federal Register Liaison Officer.

[FR Doc. 2021-14841 Filed 7-12-21; 8:45 am]

BILLING CODE 3810-FF-P
# C_2019280EN.01001601.xml

| 19.8.2019 | EN | Official Journal of the European Union | C 280/16 |
| --- | --- | --- | --- |

19.8.2019

EN

Official Journal of the European Union

C 280/16

---

Appeal brought on 21 January 2019 by Daico International BV against the order of the General Court (Seventh Chamber) delivered on 22 November 2018 in Case T-356/17: Daico International v EUIPO — American Franchise Marketing

(Case C-36/19 P)

(2019/C 280/21)

Language of the case: English

Parties

Appellant: Daico International BV (represented by: M. F. J. Haak, advocaat)

Other party to the proceedings: European Union Intellectual Property Office

By order of 4 July 2019 the Court of Justice (Seventh Chamber) held that the appeal was inadmissible.

---
##### 



(i)
    
    designed such disclosure controls and procedures, or caused such disclosure
controls and procedures to be designed under our supervision, to ensure that material
information relating to the Fund, including its consolidated subsidiaries, is made known
to us by others within those entities, particularly during the period in which the
Report is being prepared;(ii)
    
    evaluated the effectiveness of the Funds disclosure controls and procedures and
presented in the Report our conclusions about the effectiveness of the disclosure
controls and procedures, as of the end of the period covered by the Report based on
such evaluation; and(iii)
    
    disclosed in the Report any change in the Funds internal control over financial
reporting that occurred during the Funds most recent fiscal quarter that has materially
affected, or is reasonably likely to materially affect, the Funds internal control over
financial reporting; and
  (i)
    
    all significant deficiencies in the design or operation of internal controls over
financial reporting which are reasonably likely to adversely affect the Funds ability
to record, process, summarize and report financial data and have identified for the Funds
auditors any material weaknesses in internal controls; and(ii)
    
    any fraud, whether or not material, that involves management or other employees
who have a significant role in the Funds internal control over financial reporting.
 By:
    
    /s/ Christian BahaChristian BahaChief Executive OfficerSeptember 13, 2006
Dismissed and Memorandum Opinion filed October 27, 2011.

In The

Fourteenth Court of Appeals 

____________

NO. 14-11-00660-CV

____________

IN THE INTEREST OF C.R.L., a Child

On Appeal from the 247th District Court 

Harris County, Texas

Trial Court Cause No. 2006-58779

M E M O R A N D U M O P I N I O N

This is an attempted appeal from a judgment signed September 8, 2009. No motion 

for new trial was filed. Appellant's notice of appeal was filed July 28, 2011.

The notice of appeal must be filed within thirty days after the judgment is signed 

when appellant has not filed a timely motion for new trial, motion to modify the judgment, 

motion to reinstate, or request for findings of fact and conclusion of law. See Tex. R. App. 

P. 26.1.

Appellant's notice of appeal was not filed timely. A motion for extension of time is 

necessarily implied when an appellant, acting in good faith, files a notice of appeal beyond 

the time allowed by rule 26.1, but within the fifteen-day grace period provided by Rule 
2

26.3 for filing a motion for extension of time. See Verburgt v. Dorner, 959 S.W.2d 615, 

617-18 (1997) (construing the predecessor to Rule 26). Appellant's notice of appeal was 

not filed within the fifteen-day period provided by rule 26.3

On September 19, 2011, notification was transmitted to all parties of the court's 

intention to dismiss the appeal for want of jurisdiction. See Tex. R. App. P. 42.3(a). 

Appellant filed no response. 

Accordingly, the appeal is ordered dismissed.

PER CURIAM

Panel consists of Chief Justice Hedges, Justices Anderson and Christopher.
# C_2019139EN.01003602.xml

| 15.4.2019 | EN | Official Journal of the European Union | C 139/36 |
| --- | --- | --- | --- |

15.4.2019

EN

Official Journal of the European Union

C 139/36

---

Request for a preliminary ruling from the Hof van beroep te Antwerpen (Belgium) lodged on 31 January 2019 — Belgische Staat, vertegenwoordigd door de Minister van Werk, Economie en Consumenten, belast met Buitenlandse handel, Belgische Staat, vertegenwoordigd door de Directeur-Generaal van de Algemene Directie Economische Inspectie, Directeur-Generaal van de Algemene Directie Economische Inspectie v Movic BV, Events Belgium BV, Leisure Tickets & Activities International BV

(Case C-73/19)

(2019/C 139/35)

Language of the case: Dutch

Referring court

Hof van beroep te Antwerpen

Parties to the main proceedings

Appellants: Belgische Staat, vertegenwoordigd door de Minister van Werk, Economie en Consumenten, belast met Buitenlandse handel, Belgische Staat, vertegenwoordigd door de Directeur-Generaal van de Algemene Directie Economische Inspectie, Directeur-Generaal van de Algemene Directie Economische Inspectie

Respondents: Movic BV, Events Belgium BV, Leisure Tickets & Activities International BV

Question referred

Is an action concerning a claim aimed at determining and stopping infringing market practices and/or commercial practices towards consumers, instituted by the Belgian Government in respect of Dutch companies which from the Netherlands, via websites, focus on a mainly Belgian clientele for the resale of tickets for events taking place in Belgium, pursuant to Article 14 of the wet van 30 juli 2013 betreffende de verkoop van toegangsbewijzen tot evenementen (Law of 30 July 2013 regarding the sale of admission tickets to events) and pursuant to Article XVII.7 WER, a civil or commercial matter within the meaning of Article 1(1) of the European Regulation 1215/2012 (1) of 12 December 2012 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters, and can a judicial decision in such a case, for that reason, fall within the scope of that Regulation?

---

(1)  Regulation (EU) No 1215/2012 of the European Parliament and of the Council of 12 December 2012 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (OJ 2012 L 351, p. 1).

---
#### TAYLOR, Respondent, v. BENNINGTON CONST. CO., Appellant.

(Supreme Court, Appellate Division, First Department.

November 8, 1907.)

Action by Charles E. Taylor against the Bennington Construction Company. F. V. Johnson, for appellant. F. W. Park, for respondent.

PER CURIAM.

Judgment and order affirmed, with costs. Order filed.

INGRAHAM and CLARKE, JJ„ dissent.
EXHIBIT 31.1



SARBANES-OXLEY SECTION 302 CERTIFICATION



I, Harry Chew, certify that:



1. I have reviewed this annual report on Form 10-KSB of Bi-Optic Ventures Inc.;



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;



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 and I are responsible for 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 our supervision, 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 the Registrant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 the Registrant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 is reasonably likely to

materially affect, the Registrants internal control over financial

reporting; and



5. The Registrants other certifying officer and I have disclosed, based on our most recent evaluation of internal control over financial reporting, 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 over financial 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 significant role in the Registrants internal control

over financial reporting.



/s/ Harry Chew

Harry Chew

Chief Executive Officer and Chief Financial Officer

May 27, 2005
<TABLE> <S> <C>

<PAGE>
<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM THE
FINANCIAL STATEMENTS FOR THE THREE-MONTH PERIOD ENDED JUNE 30, 2000 AND 1999 AND
IS QUALIFIED IN ITS ENTIRETY BY REFERENCE TO SUCH FINANCIAL STATEMENTS.
</LEGEND>

<S>                             <C>                     <C>
<PERIOD-TYPE>                   3-MOS                   3-MOS
<FISCAL-YEAR-END>                          DEC-31-2000             DEC-31-1999
<PERIOD-START>                             APR-01-2000             APR-01-1999
<PERIOD-END>                               JUN-30-2000             JUN-30-1999
<CASH>                                       5,088,522                       0
<SECURITIES>                                         0                       0
<RECEIVABLES>                                  773,550                       0
<ALLOWANCES>                                  (20,000)                       0
<INVENTORY>                                  1,143,897                       0
<CURRENT-ASSETS>                             7,310,607                       0
<PP&E>                                       1,446,003                       0
<DEPRECIATION>                               (574,482)                       0
<TOTAL-ASSETS>                               8,182,128                       0
<CURRENT-LIABILITIES>                        1,668,888                       0
<BONDS>                                              0                       0
<PREFERRED-MANDATORY>                                0                       0
<PREFERRED>                                     37,778                       0
<COMMON>                                        52,781                       0
<OTHER-SE>                                   6,422,681                       0
<TOTAL-LIABILITY-AND-EQUITY>                 8,182,128                       0
<SALES>                                        708,250                 307,500
<TOTAL-REVENUES>                               708,250                 307,500
<CGS>                                          353,706                 256,393
<TOTAL-COSTS>                                3,266,170               1,950,161
<OTHER-EXPENSES>                                     0                       0
<LOSS-PROVISION>                                     0                       0
<INTEREST-EXPENSE>                                   0                       0
<INCOME-PRETAX>                            (2,911,626)             (1,899,054)
<INCOME-TAX>                                         0                       0
<INCOME-CONTINUING>                        (2,911,626)             (1,899,054)
<DISCONTINUED>                                       0                       0
<EXTRAORDINARY>                                      0                       0
<CHANGES>                                            0                       0
<NET-INCOME>                               (2,818,978)             (1,818,892)
<EPS-BASIC>                                      (.53)                   (.49)
<EPS-DILUTED>                                    (.53)                   (.49)


</TABLE>
<TABLE> <S> <C>

<PAGE>
 
<ARTICLE> 5
<LEGEND> This schedule contains summary financial information extracted from 
December 31, 1998 10-QSB and is qualified in its entirety by reference to such
financial statements. 
</LEGEND>
       
<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                         SEP-30-1999
<PERIOD-START>                            OCT-01-1998
<PERIOD-END>                              DEC-31-1998
<CASH>                                      3,739,101
<SECURITIES>                                3,000,000         
<RECEIVABLES>                               2,476,885
<ALLOWANCES>                                  187,461
<INVENTORY>                                   525,830
<CURRENT-ASSETS>                           10,798,724 
<PP&E>                                      3,340,725
<DEPRECIATION>                                496,651
<TOTAL-ASSETS>                             13,978,170
<CURRENT-LIABILITIES>                       1,182,161
<BONDS>                                        69,926
<PREFERRED-MANDATORY>                               0
<PREFERRED>                                    72,237
<COMMON>                                       26,660
<OTHER-SE>                                 12,627,186
<TOTAL-LIABILITY-AND-EQUITY>               13,978,170
<SALES>                                     2,755,567 
<TOTAL-REVENUES>                            2,755,567
<CGS>                                         820,422         
<TOTAL-COSTS>                                 820,422 
<OTHER-EXPENSES>                            3,404,921
<LOSS-PROVISION>                                    0
<INTEREST-EXPENSE>                              3,595
<INCOME-PRETAX>                           (1,381,790)
<INCOME-TAX>                                        0
<INCOME-CONTINUING>                       (1,381,790)
<DISCONTINUED>                                      0 
<EXTRAORDINARY>                                     0
<CHANGES>                                           0 
<NET-INCOME>                              (1,381,790)
<EPS-PRIMARY>                                  (0.52)
<EPS-DILUTED>                                  (0.52)
        

</TABLE>
exhibit102.htm










 


Exhibit 10.2




SECOND AMENDMENT TO THE


BERRY PLASTICS GROUP, INC.


2012 LONG-TERM INCENTIVE PLAN


 


This SECOND AMENDMENT is made this 4th day of March, 2015, by Berry Plastics Group, Inc. (hereinafter called the “Company”).


 


WITNESSETH:


 


WHEREAS, the Company maintains the Berry Plastics Group, Inc. 2012 Long-Term Incentive Plan (the “Plan”), which was adopted by the Board of Directors of the Company (the “Board”) on October 3, 2012;


 


WHEREAS, the Company completed an initial public offering in October 2012;


 


WHEREAS, to align its incentive plans more closely with incentive plans maintained by similar public companies, the Company intends to adopt a new incentive plan (the Berry Plastics Group, Inc. 2015 Long-Term Incentive Plan or “2015 Plan”), subject to and effective upon receipt of stockholder approval thereof at the 2015 annual meeting (the “Annual Meeting”), to permit, among other things, for the granting of performance-based awards in compliance with Section 162(m) of the Internal Revenue Code of 1986, as amended (the “Code”);


 


WHEREAS, subject to and effective upon receipt of stockholder approval of the 2015 Plan at the Annual Meeting, the Company intends to make no further grants of Awards under the Plan;


 


WHEREAS, subject to and effective upon receipt of stockholder approval of the 2015 Plan at the Annual Meeting, the Board desires to amend the Plan to prohibit the grant of any further Awards thereunder and to limit the number of shares of common stock of the Company (“Stock”) available for the grant of Awards under the Plan to the number of shares of Stock subject to then then-outstanding awards under the Plan as of the date of stockholder approval of the 2015 Plan; and


 


WHEREAS, the Board reserved the right to amend the Plan under Section 11(b) thereof.


 


NOW, THEREFORE, IT  IS RESOLVED that, subject to and effective upon receipt of stockholder approval of the 2015 Plan at the Annual Meeting, the first and second sentence of Section 3(a) of the Plan are hereby deleted in their entirely and replaced with the following:


 


“The maximum number of Shares that may be delivered to Participants and their beneficiaries under the Plan shall be 3,755,780.  The maximum number of Shares that may be delivered pursuant to Options intended to be Incentive Stock Options shall be 929,775 Shares.  No further Awards will be granted hereunder on or after March 4, 2015.”


 


 




  





  











  






Except as specifically amended hereby, the Plan shall remain in full force and effect prior to this Second Amendment.


 


IN WITNESS WHEREOF, the Company has caused this Second Amendment to be executed as of the day and year first above written.


 



	 	BERRY PLASTICS GROUP, INC.	 
	 	 	 	 
	
  

	
By: 

	/s/Mark W. Miles	 
	 	 	Mark. W. Miles	 
	 	Title: 	Chief Financial Officer