alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
# C_2019295EN.01007401.xml

| 2.9.2019 | EN | Official Journal of the European Union | C 295/74 |
| --- | --- | --- | --- |

2.9.2019

EN

Official Journal of the European Union

C 295/74

---

Action brought on 4 July 2019 — Rossetti v Parliament

(Case T-461/19)

(2019/C 295/97)

Language of the case: Italian

Parties

Applicant: Giorgio Rossetti (Trieste, Italy) (represented by: M. Merola, lawyer)

Defendant: European Parliament

Form of order sought

The applicant claims that the Court should:

| — | declare non-existent or annul in its entirety the measure of which the applicant was informed by means of the contested communication, in which the European Parliament re-determined retirement pension rights and ordered recovery of the amount paid on the basis of the earlier pension calculation; |
| --- | --- |

—

declare non-existent or annul in its entirety the measure of which the applicant was informed by means of the contested communication, in which the European Parliament re-determined retirement pension rights and ordered recovery of the amount paid on the basis of the earlier pension calculation;

| — | order the European Parliament to refund all the sums unduly withheld, and to pay statutory interest from the date of withholding to the date of payment and order the European Parliament to implement the judgment and undertake all the necessary initiatives, acts or measures to ensure the immediate, full re-establishment of the original pension amount; |
| --- | --- |

—

order the European Parliament to refund all the sums unduly withheld, and to pay statutory interest from the date of withholding to the date of payment and order the European Parliament to implement the judgment and undertake all the necessary initiatives, acts or measures to ensure the immediate, full re-establishment of the original pension amount;

| — | order the European Parliament to pay the costs. |
| --- | --- |

—

order the European Parliament to pay the costs.

Pleas in law and main arguments

The pleas in law and main arguments are similar to those relied on in Case T-389/19, Coppo Gavazzi v Parliament.

---
**Exhibit 10.29**

 

AMENDMENT 

TO

AMENDED AND RESTATED CAREMARK RX, INC. 1995 STOCK OPTION PLAN 

EFFECTIVE NOVEMBER 15, 2000 

 

The Amended and Restated Caremark Rx, Inc. 1995 Stock Option Plan (the “Plan”) is hereby amended as follows: 

 

1. Amendment Regarding Transferability of Nonqualified Stock Options. Section 6.1(e)(2) of the Plan is hereby amended by deletingSection 6.1(e)(2) in its entirety and substituting the following new Section 6.1(e)(2) therefor: 

 

(2) Nonqualified Stock Options. No NQO granted under the Plan may be sold, transferred, pledged, assigned, or otherwise alienated orhypothecated, other than by will or by the laws of descent and distribution. Notwithstanding the foregoing, to the extent not prohibited by any statute, rule or regulation applicable to the Plan, the Options or the registration with the Securitiesand Exchange Commission of the Common stock to be issued upon exercise of the Option, the Committee may, in its discretion, authorize all or a portion of NQOs granted to an optionee to be on terms which permit transfer by such optionee to(i) the spouse, children or grandchildren of the optionee (“Immediate Family Members”), (ii) a trust or trusts for the exclusive benefit of such Immediate Family Members, or (iii) a partnership in which such Immediate FamilyMembers are the only partners, provided that (y) the Option Agreement pursuant to which such NQOs are granted must be approved by the Committee, and must expressly provide for transferability in a manner consistent with this Section, and(z) subsequent transfers of transferred NQOs shall be prohibited except those by will or the laws of descent and distribution. Following transfer, any such NQOs shall continue to be subject to the same terms and conditions as were applicableimmediately prior to transfer, provided that for purposes of this Plan, the term “optionee” shall be deemed to refer to the transferee. The events of termination of employment shall continue to be applied with respect to the original

 

1 

optionee, following which the NQOs shall be exercised by the transferee only to the extent, and for theperiods specified in Section 6.1(g). Notwithstanding the foregoing, should the Committee provide that NQOs granted be transferable, the Company by such action incurs no obligation to notify or otherwise provide notice to a transferee of earlytermination of the NQO. In the event of a transfer, as set forth above, the original optionee is and will remain subject to an responsible for any applicable withholding taxes upon the exercise of such NQOs. 

 

2. Effective Date. The effective date of this Amendment shall beNovember 15, 2000. 

 

3. Miscellaneous. 

 

(a) Capitalized terms not otherwise defined herein shall have the meaningsgiven them in the Plan. 

 

(b) Except as specifically amendedhereby, the Plan shall remain in full force and effect. 

 

INWITNESS WHEREOF, the Company has caused this Amendment to the Amended and Restated Caremark Rx, Inc. 1995 Stock Option Plan to be executed as of the Effective Date. 

 

CAREMARK RX, INC.

Sara J. Finley, Corporate Secretary

 

2
<TABLE> <S> <C>

<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY INFORMATION EXTRACTED FROM THE QUINTEL
ENTERTAINMENT, INC. AND SUBSIDIARIES CONSOLIDATED FINANCIAL STATEMENTS AS
PRESENTED IN THE COMPANY'S FORM 10K FOR THE YEAR ENDED NOVEMBER 30, 1996 AND IS
QUALIFIED IN ITS ENTIRETY BY REFERENCE TO SUCH FINANCIAL STATEMENTS.
</LEGEND>
       
<S>                             <C>
<PERIOD-TYPE>                   12-MOS
<FISCAL-YEAR-END>                          NOV-30-1996
<PERIOD-START>                             DEC-01-1995
<PERIOD-END>                               NOV-30-1996
<CASH>                                      14,140,987
<SECURITIES>                                14,595,724
<RECEIVABLES>                               18,030,083
<ALLOWANCES>                                         0
<INVENTORY>                                          0
<CURRENT-ASSETS>                            56,718,056
<PP&E>                                         410,399
<DEPRECIATION>                                  65,992
<TOTAL-ASSETS>                              79,029,547
<CURRENT-LIABILITIES>                       31,275,864
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                        18,452
<OTHER-SE>                                  47,716,481
<TOTAL-LIABILITY-AND-EQUITY>                79,029,547
<SALES>                                     86,666,768
<TOTAL-REVENUES>                            86,666,768
<CGS>                                       64,661,256
<TOTAL-COSTS>                               64,661,256
<OTHER-EXPENSES>                            10,159,226
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                             473,289
<INCOME-PRETAX>                             17,073,063
<INCOME-TAX>                                 4,898,633
<INCOME-CONTINUING>                         12,174,430
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                12,174,430
<EPS-PRIMARY>                                     0.76
<EPS-DILUTED>                                     0.76
        

</TABLE>
III 

112TH CONGRESS 

1ST SESSION S. RES. 179 

To constitute the minority party’s membership on certain committees for 

the One Hundred Twelfth Congress, or until their successors are chosen. 

IN THE SENATE OF THE UNITED STATES 

MAY 11, 2011 

Mr. MCCONNELL submitted the following resolution; which was considered 

and agreed to 

RESOLUTION 

To constitute the minority party’s membership on certain 

committees for the One Hundred Twelfth Congress, or 

until their successors are chosen. 

1 Resolved, That the following shall constitute the mi2 nority party’s membership on the following committees for 

3 the One Hundred Twelfth Congress, or until their succes4 sors are chosen: 

5 COMMITTEE ON COMMERCE, SCIENCE, AND 

6 TRANSPORTATION: Mrs. Hutchison, Ms. Snowe, Mr. 

7 DeMint, Mr. Thune, Mr. Wicker, Mr. Isakson, Mr. Blunt, 

8 Mr. Boozman, Mr. Toomey, Mr. Rubio, Ms. Ayotte, and 

9 Mr. Heller. 


pwalker on DSKD5P82C1PROD with BILLS
2 

SRES 179 ATS 

1 COMMITTEE ON ENERGY AND NATURAL RE2 SOURCES: Ms. Murkowski, Mr. Barrasso, Mr. Risch, Mr. 

3 Lee, Mr. Paul, Mr. Coats, Mr. Portman, Mr. Hoeven, Mr. 

4 Heller and Mr. Corker. 

5 COMMITTEE ON FINANCE: Mr. Hatch, Mr. 

6 Grassley, Ms. Snowe, Mr. Kyl, Mr. Crapo, Mr. Roberts, 

7 Mr. Enzi, Mr. Cornyn, Mr. Coburn, Mr. Thune and Mr. 

8 Burr. 

9 COMMITTEE ON HOMELAND SECURITY AND 

10 GOVERNMENTAL AFFAIRS: Ms. Collins, Mr. Coburn, 

11 Mr. Brown (Massachusetts), Mr. McCain, Mr. Johnson 

12 (Wisconsin), Mr. Portman, Mr. Paul and Mr. Moran. 

13 COMMITTEE ON THE BUDGET: Mr. Sessions, 

14 Mr. Grassley, Mr. Enzi, Mr. Crapo, Mr. Cornyn, Mr. 

15 Graham, Mr. Thune, Mr. Portman, Mr. Toomey, Mr. 

16 Johnson (Wisconsin), and Ms. Ayotte. 

17 SPECIAL COMMITTEE ON AGING: Mr. Corker, 

18 Ms. Collins, Mr. Hatch, Mr. Kirk, Mr. Heller, Mr. Moran, 

19 Mr. Johnson (Wisconsin), Mr. Shelby, Mr. Graham, and 

20 Mr. Chambliss. 

Æ 


pwalker on DSKD5P82C1PROD with BILLS
# C_2019270EN.01004201.xml

| 12.8.2019 | EN | Official Journal of the European Union | C 270/42 |
| --- | --- | --- | --- |

12.8.2019

EN

Official Journal of the European Union

C 270/42

---

Action brought on 21 June 2019 — Serviceplan Gruppe für innovative Kommunikation v EUIPO (Serviceplan Solutions)

(Case T-380/19)

(2019/C 270/44)

Language of the case: German

Parties

Applicant: Serviceplan Gruppe für innovative Kommunikation GmbH & Co KG (Munich, Germany) (represented by: B. Koch and P. Schmitz, lawyers)

Defendant: European Union Intellectual Property Office (EUIPO)

Details of the proceedings before EUIPO

Trade mark at issue: Application for EU word mark Serviceplan Solutions — Application No 15 244 742

Contested decision: Decision of the Fifth Board of Appeal of EUIPO of 25 March 2019 in Case R 1427/2018-5

Form of order sought

The applicant claims that the Court should:

| — | annul the contested decision in so far as it dismisses the appeal; |
| --- | --- |

—

annul the contested decision in so far as it dismisses the appeal;

| — | order EUIPO to pay the costs. |
| --- | --- |

—

order EUIPO to pay the costs.

Pleas in law

| — | Infringement of Article 7(1)(b) of Regulation (EU) 2017/1001 of the European Parliament and of the Council; |
| --- | --- |

—

Infringement of Article 7(1)(b) of Regulation (EU) 2017/1001 of the European Parliament and of the Council;

| — | Infringement of Article 94(1) of Regulation (EU) 2017/1001 of the European Parliament and of the Council. |
| --- | --- |

—

Infringement of Article 94(1) of Regulation (EU) 2017/1001 of the European Parliament and of the Council.

---
```

Exhibit 10.25

[GenoMed letterhead]

January 9, 2003

Dr. Tony Frudakis, CEO
DNAPrint genomics, Inc.
900 Cocoanut Ave.
Sarasota, FL  34236

Dear Tony,

At a special meeting of the board of directors of GenoMed, Inc. held on December
13, 2002, the board unanimously agreed to issue you nonqualified stock options
in consideration of your service to the corporation as a member of the
Scientific Advisory Board (SAB), as per your contract. These stock options, in a
form to be approved by the attorneys for the corporation, are exercisable for
the number of shares, and on the price and terms described below:

Number of shares: seventy-eight thousand, one hundred (78,100) representing your
having served 285/365, or 78.1% of a year, from the date your SAB contract was
executed (Jan. 17, 2002) until the date you gave written notice of your desire
to resign from the SAB on Oct. 29, 2002

Exercise price: the closing bid price of the stock on October 29, 2002, which
was $0.025

Time to exercise the option: 2 years from the date of your resignation from SAB,
i.e. until October 29, 2004.

Thanks so much for all our help, both personally, and on our SAB. I look forward
eagerly to working with DNAP once GenoMed secures adequate research funding.

Yours sincerely,

/s Dave Moskowitz
David W. Moskowitz
CMO, CEO, and Chairman

4560 Clayton Avenue    St. Louis, MO 63110  tel 314-977-0115  fax 314-977-0042
www.genomedics.com
```
EXHIBIT 32.2



Certification



Pursuant to Section 906 of the Sarbanes-Oxley Act of 2002



(Subsections (a) and (b) of Section 1350, Chapter 63 of Title 18, United States Code)



Pursuant to section 906 of the Sarbanes-Oxley Act of 2002 (subsections (a)
and (b) of section 1350, chapter 63 of title 18, United States Code), the undersigned officer of Entrust, Inc., a Maryland corporation (the Company), hereby certifies, to such officers knowledge, that:



The quarterly report on Form 10-Q for the quarter ended March 31, 2005 (the
Report) 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 Report fairly presents, in all material respects, the financial condition and
results of operations of the Company.



|                  |  |        |  |                        
|----------------- |  | ------ |  | -----------------------
|Date: May 9, 2005 |  |        |  | /s/ David J. Wagner    
|                  |  | Name:  |  | David J. Wagner        
|                  |  | Title: |  | Chief Financial Officer
EXHIBIT 12.1

The
following table displays our ratio of earnings to fixed charges and ratio of earnings to combined fixed charges and preferred stock dividends for the periods shown: (1) (2)

IMPAC MORTGAGE HOLDINGS, INC.  RATIO OF EARNINGS TO FIXED CHARGES AND RATIO OF EARNINGS TO  FIXED CHARGES AND PREFERRED STOCK DIVIDENDS  (dollar amounts in thousands)

|                                                                    |  | For the Year Ended December 31, |          
|------------------------------------------------------------------- |  | ------------------------------- | ---------
|
|
|Net earnings (loss)                                                 |  |                                 | (77,130  
|Add: Fixed charges                                                  |  | $                               | 1,313,965
|Net earnings (loss) plus fixed charges                              |  |                                 | 1,236,835
|Fixed charges                                                       |  | $                               | 1,313,965
|Preferred stock dividends                                           |  |                                 | 14,698   
|Total fixed charges and preferred stock dividends                   |  | $                               | 1,328,663
|Ratio of earnings to fixed charges                                  |  |                                 |         
|Ratio of earnings to combined fixed charges and preferred dividends |  |                                 |         

---

---



QuickLinks
<TABLE> <S> <C>


<ARTICLE>                     5
<CIK>                         0001031003
<NAME>                        MERRILL LYNCH PREFERRED CAPITAL TRUST II
<MULTIPLIER>                  1,000

<S>                             <C>
<PERIOD-TYPE>                   OTHER
<FISCAL-YEAR-END>                              DEC-29-2000
<PERIOD-START>                                 JAN-01-2000
<PERIOD-END>                                   MAR-31-2000
<CASH>                                               0
<SECURITIES>                                   309,278
<RECEIVABLES>                                        0
<ALLOWANCES>                                         0
<INVENTORY>                                          0
<CURRENT-ASSETS>                               309,278
<PP&E>                                               0
<DEPRECIATION>                                       0
<TOTAL-ASSETS>                                 309,278
<CURRENT-LIABILITIES>                                0
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                    300,000
<COMMON>                                         9,278
<OTHER-SE>                                           0
<TOTAL-LIABILITY-AND-EQUITY>                   309,278
<SALES>                                              0
<TOTAL-REVENUES>                                 6,186
<CGS>                                                0
<TOTAL-COSTS>                                        0
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                   0
<INCOME-PRETAX>                                  6,186
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                              6,186
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                     6,186
<EPS-BASIC>                                          0
<EPS-DILUTED>                                        0



</TABLE>
**Exhibit 99.1**

 

**CERTIFICATION PURSUANT TO18 U.S.C. SECTION 1350,AS ADOPTED PURSUANT TOSECTION 906 OF THE SARBANES-OXLEY ACT OF 2002**

 

In connectionwith the Quarterly Report on Form 10-Q for the quarter ended March 31, 2003 ofNanogen, Inc. (the “Company”) as filed with the Securities and ExchangeCommission on the date hereof (the “Report”), I, Howard C. Birndorf, ChiefExecutive Officer of the Company, certify, pursuant to 18 U.S.C. § 1350, asadopted pursuant to § 906 of the Sarbanes-Oxley Act of 2002, that, based on myknowledge: (1) The Report fully complies with the requirements of section 13(a)or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. § 78m(a) or §78o(d)); and (2) The information contained in the Report fairly presents, inall material respects, the financial condition and result of operations of theCompany.

 

 
| May 13, 2003 |   | /s/ HOWARD  C. BIRDNORF  |   |
|--------------|--------|--------------------------|--------|
|         |   | Howard C.  Birndorf      |
|         |   | Chief  Executive Officer |

 

----

 

**CERTIFICATION PURSUANT TO18 U.S.C. SECTION 1350,AS ADOPTED PURSUANT TOSECTION 906 OF THE SARBANES-OXLEY ACT OF 2002**

 

In connectionwith the Quarterly Report on Form 10-Q for the quarter ended March 31, 2003 ofNanogen, Inc. (the “Company”) as filed with the Securities and ExchangeCommission on the date hereof (the “Report”), I, Gerard A. Wills, VicePresident, Chief Financial Officer and Treasurer of the Company, certify,pursuant to 18 U.S.C. § 1350, as adopted pursuant to § 906 of theSarbanes-Oxley Act of 2002, that, based on my knowledge: (1) The Report fullycomplies with the requirements of section 13(a) or 15(d) of the SecuritiesExchange Act of 1934 (15 U.S.C. § 78m(a) or § 78o(d)); and (2) The informationcontained in the Report fairly presents, in all material respects, thefinancial condition and result of operations of the Company.

 

 
| May 13, 2003 |   | /s/ GERARD  A. WILLS                                    |   |
|--------------|--------|---------------------------------------------------------|--------|
|         |   | Gerard A.  Wills                                        |
|         |   | Vice  President, Chief Financial Officer  and Treasurer |

 

----
Exhibit 13
 CERTIFICATION OF CHIEF EXECUTIVE OFFICER / CHIEF FINANCIAL OFFICER PURSUANT TO 18 U.S.C SECTION 1350, AS ADOPTED PURSUANT TO
SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002
  (i)
    
    The accompanying annual report on Form 20-F of the Company for the annual period ended
December 31, 2009 (the report) fully complies with the requirements of section 13(a) of
the Securities Exchange Act of 1934; and(ii)
    
    The information contained in the report fairly represents, in all material respects,
the financial condition and results of operations of the Company.
  /s/  Phil BakerChief Executive Officer / Chief Financial Officer
#### Angelina Sinicropi, Appellant, v Robert J. Bennett, as Deputy Director of Probation of the County of Nassau, et al., Respondents.

In a proceeding pursuant to CPLR article 78 to review a determination by respondents dated July 21, 1981, which, after a hearing, terminated petitioner’s employment with the Nassau County Probation Department, the appeal is from a judgment of the Supreme Court, Nassau County (Roncallo, J.), dated September 25, 1984, which dismissed the petition.

Judgment affirmed, with costs.

Both this court and the Court of Appeals have previously determined that there was substantial evidence supporting respondents’ determination, within the four corners of the record. The issues raised by petitioner in the instant proceeding do not change this result. Therefore, the petition was properly dismissed *(see, Sinicropi v Bennett,*92 AD2d 309, *affd*60 NY2d 918). Lazer, J. P., Mangano, O’Connor and Brown, JJ., concur.
exv4w3






Exhibit 4.3


JOINDER AGREEMENT TO




INVESTORS’ RIGHTS AGREEMENT




May 6, 2008




     By executing this Joinder Agreement to Investors’ Rights Agreement (this “Agreement”), the
undersigned, Mark J. Gainor (“Purchaser”), hereby agrees to become a party to that certain
Investors’ Rights Agreement (the “Investors’ Rights Agreement”), dated as of October 12, 2007, by
and among Rules-Based Medicine, Inc., a Delaware Corporation (the “Company”) and the Stockholders
(capitalized terms used but not defined in this Agreement shall have the meanings ascribed to them
in the Investors’ Rights Agreement). Purchaser hereby acknowledges and agrees to the following:



     a. Purchaser is acquiring shares of Common Stock of the Company pursuant to that certain
Common Stock Purchase Agreement, dated as of May 6, 2008, by and between the Company and
Purchaser (the “Common Stock Purchase Agreement”).



     b. Purchaser is acquiring shares of Series A-1 Preferred Stock of the Company pursuant to that
certain Stock Purchase and Sale Agreement, dated May 6, 2008, by and between EGI-Fund (08-10)
Investors, L.L.C. and Purchaser (the “Preferred Stock Purchase Agreement”).



     c. Purchaser shall be treated as a Common Holder and listed on Schedule B of the Investors’
Rights Agreement with respect to the shares of Common Stock that he is purchasing pursuant to the
Common Stock Purchase Agreement.



     d. Purchaser shall be treated as an Investor (but not a Lead Investor) and listed on Schedule
A of the Investors’ Rights Agreement with respect to the shares of Series A-1 Preferred Stock that
he is purchasing pursuant to the Preferred Stock Purchase Agreement.



     e. Purchaser shall have all of the rights, and shall observe all the obligations, applicable
to the Common Holders, the Investors, and the Major Holders pursuant to the Investors’ Rights
Agreement.



[Signature Page Follows]




 









 




IN WITNESS WHEREOF, the undersigned has executed this Agreement as of the date first written above.




	 	 	 	 	 
	 	 	MARK J. GAINOR
	 
	 	 	 	/s/ Mark J. Gainor 
	 

	 	 	 	 
	 

	 	Name:
	 	Mark J. Gainor
	 
	 	 	 	 
	 

	 	Number of Shares:	 	Common: 337,838, Series A-1
Preferred: 143,943 
	 

	 	 	 	 
	 
	 	 	 	 
	 

	 	Address:	 	5800 N. Bay Road 
	 

	 	 	 	 
	 
	 	 	 	 
	 

	 	 	 	Miami Beach, FL 33140 
	 

	 	 	 	 
	 
	 	 	 	 
	 

	 	Phone:	 	305-531-2700 
	 

	 	 	 	 
	 
	 	 	 	 
	 

	 	Fax:	 	305-531-5599 
	 

	 	 	 	 
	 
	 	 	 	 
	 

	 	Email:	 	mark@lucor.net 
	 

	 	 	 	 





Signature Page to

Joinder Agreement to Investors’ Rights Agreement