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



Exhibit 3.1.2 CERTIFICATE
ELIMINATING REFERENCE TO SERIES D AND SERIES E EXCHANGEABLE
PREFERRED STOCK FROM THE CERTIFICATE OF INCORPORATION OF
NEXTEL COMMUNICATIONS, INC. Pursuant to the provisions of Section 151(g) of the General Corporation
Law of the State of Delaware, it is hereby certified that:  1.
    
    The name of the corporation is Nextel Communications, Inc. (hereinafter
referred to as the Corporation).2.
    
    The respective designations of the two series of shares of stock of the
corporation to which this certificate relates are the Series D and Series
E Exchangeable Preferred Stock.3.
    
    The voting powers, designations, preferences, and the relative,
participating, optional, or other rights, and the qualifications,
limitations, and restrictions of the Series D and Series E Exchangeable
Preferred Stock were provided for in two separate resolutions adopted by
the board of directors of the Corporation pursuant to authority expressly
vested in it by the provisions of the certificate of incorporation of the
Corporation. A certificate setting forth the resolution for designation
of the Series D Exchangeable Preferred Stock was filed with the Secretary
of State of the State of Delaware on July 18, 1997, and a certificate
setting forth the resolution for designation of the Series E Exchangeable
Preferred Stock was filed with the Secretary of State of the State of
Delaware on February 10, 1998. Both certificates were filed pursuant to
the provisions of Section 151(g) of the General Corporation Law of the
State of Delaware.4.
    
    The board of directors of the Corporation has adopted the following
resolutions:Series D & E Exchangeable Preferred Stock Elimination RESOLVED, that the only issued shares of Series D or Series E
Exchangeable Preferred Stock of the Corporation are at this time
held by the Corporation, no such shares remain outstanding, and
none will be issued under the certificates of designation
previously filed with respect to the Series D or Series E
Exchangeable Preferred Stock, and accordingly, upon the filing of
a certificate to this effect with the Secretary of State of the
State of Delaware, the certificates of designation for the Series
D and the Series E Exchangeable Preferred Stock will be eliminated
from the certificate of incorporation of the Corporation and the
            shares presently held by the Corporation will be cancelled; and FURTHER RESOLVED, that the proper officers of the Corporation
be, and each hereby is, authorized and directed to file a
certificate setting forth this resolution with the Secretary of
State of the State of Delaware pursuant to the provisions of
Section 151(g) of the General Corporation Law of the State of
Delaware for the purpose of eliminating from the certificate of
incorporation of the Corporation




---



##### 



all reference to the Series D and the Series E Exchangeable
Preferred Stock.5.
    
    The effective date of this certificate shall be the Filing Date, defined
as the date upon which Secretary of State endorses the word Filed on
the instrument. Signed on September 22, 2003./s/ Christie A. HillChristie A. HillCorporate Secretary
#### Town of Oyster Bay, Appellant, v J.D. Posillico, Inc., Respondent.

[942 NYS2d 807]

In an action to recover damages for continuing public nuisance, the plaintiff appeals, as limited by its brief, from so much of an order of the Supreme Court, Nassau County (Murphy, J), entered January 5, 2011, as, upon renewal, in effect, vacated so much of its prior order entered April 9, 2010, as denied that branch of the defendant’s motion which was pursuant to CPLR 3211 (a) (5) to dismiss the complaint as time-barred, and thereupon granted that branch of the motion.

Ordered that the order entered January 5, 2011, is affirmed insofar as appealed from, with costs.

The plaintiff alleges that, pursuant to a contract with Nassau County, the defendant completed certain sewer construction work in 1978, and that defects in the construction work constitute and contribute to a continuing public nuisance. The action is time-barred for the reasons stated in the companion case of *1094
      *Village of Lindenhurst v J.D. Posillico, Inc.*(94 AD3d 1101 [2012] [decided herewith]).

The plaintiffs contentions relating to alleged statutory violations are not properly before this Court. Rivera, J.E, Dillon, Angiolillo and Leventhal, JJ, concur.
#### BACON, Respondent, v. LOWMAN et al., Appellants.

(Supreme Court, Appellate Division, Third Department.

May, 1896.)

Action by L. Bacon Edward M. Lowman and others, as executors, etc., of Jacob Low-man, deceased.

E. J. Baldwin, for appellants.

Frederick Collin, for respondent.

LANDON, J.

The evidence supports the findings. The objection of the executors to the testimony of Stanchfield was in violation of the order of the special term which permitted the defendants to answer. This order recites that it was made upon consent of counsel, and upon stipulation that objection under Code, § 829, should not be taken. If the order is false in its recitals, the executors should have moved to resettle or correct it. The notice of appeal seeks to bring this order before us for review, but we do not review orders granted upon consent. The appealing party should have either opposed the motion for the order, or made some motion to resettle, vacate, modify, or correct it, and, if unsuccessful, there would be an order that we could review. The other objections do not strike us as of force. The judgment should be affirmed, with costs.
U.S. flagAn official website of the United States government
                    Here's how you know **Official websites use .gov**
                            
                            A **.gov** website belongs to an official government organization in the United States.
 **Secure .gov websites use HTTPS**
                            
                            A **lock** (                            
                              A locked padlock                                                      
                            
                            ) or **https://** means you’ve safely connected to the .gov website. Share sensitive information only on official, secure websites.


Menu Agricultural Research Service
						
                    U.S. DEPARTMENT OF AGRICULTURE
 Sustainable Agricultural Water Systems Research: Davis, CA
 close



    Research

                    Research Projects
                                    Publications
                                    Collaborations
                                    News
                People

                    Staff Listing
                                    Careers


        


                    Information
                        Final ReportsSearch small
                    Search
            
            ARS Home
                                About ARS
                                Contact Us




ARS Home Pacific West Area Davis, California Sustainable Agricultural Water Systems Research People & Locations







Nicolas  Jorgensen-Bambach

(Nico)
                        Sustainable Agricultural Water Systems Research

                        




                        
                        Project Scientist
                        Phone: (530) 304-9683
                        
                        
                        Fax: (Employee information on this page comes from the REE Directory. Please contact your front office staff to update the REE Directory.)


Return to top


Connect with ARS Sign up


ARS Home
                            USDA.gov
                            Plain Writing
                            Policies & Links
                            Civil Rights Statements
                            FOIA
                            Accessibility Statement
                            Privacy Policy
                            Non-Discrimination Statement
                            Quality of Information
                            USA.gov
                            WhiteHouse.gov
##### 



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 accompanying Quarterly Report of Animas Corporation on
Form 10-Q for the period ended September 30, 2004, as filed with the Securities
and Exchange Commission on the date hereof (the Report), the undersigned
Chief Executive Officer and Chief Financial Officer of Animas Corporation each
hereby 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 13(a) or 15(d) of the Securities
Exchange Act of 1934, as amended, and (2) the information contained in the
Report fairly represents, in all material respects, the financial condition and
results of operations of Animas Corporation. /s/ Katherine D. CrothallKatherine D. CrothallPresident and Chief Executive OfficerAnimas CorporationNovember 15, 2004/s/ Richard BaronRichard BaronVice President  Finance and Chief Financial OfficerAnimas CorporationNovember 15, 2004
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.                  

###### National Science Foundation

The National Science Board's Committee on Strategy's Subcommittee on Technology, Innovation and Partnerships hereby gives notice of the scheduling of a teleconference for the transaction of National Science Board business pursuant to the NSF Act and the Government in the Sunshine Act, as follows:

# TIME AND DATE: 

Tuesday, August 17, 2021, from 1:00-2:00 p.m. EDT.

# PLACE: 

This meeting will be held by teleconference through the National Science Foundation, 2415 Eisenhower Avenue, Alexandria, VA 22314.

# STATUS: 

Closed.

# MATTERS TO BE CONSIDERED: 

The agenda is: Subcommittee chair's opening remarks; Discussion of planning and strategy for NSF's Technology, Innovation, and Partnerships directorate, including its goals, budget scenarios, plans for staffing the directorate, and potential funding opportunities. 

# CONTACT PERSON FOR MORE INFORMATION: 

                        Point of contact for this meeting is: Chris Blair,                         *cblair@nsf.gov,*                         703/292-7000. Meeting information and updates may be found at                         *http://www.nsf.gov/​nsb/​meetings/​notices.jsp#sunshine.*                         Please refer to the National Science Board website                         *www.nsf.gov/​nsb*                         for general information.                    

Chris Blair,

Executive Assistant to the National Science Board Office.

[FR Doc. 2021-17550 Filed 8-12-21; 4:15 pm]

BILLING CODE 7555-01-P
**EXHIBIT 23.2****CONSENT OF INDEPENDENT PETROLEUM ENGINEERS AND GEOLOGISTS**     We hereby consent to the references to our firm, in the context in which they appear, and toour reserve estimates as of December 31, 2007, included in the Annual Report on Form 10-K ofInfinity Energy Resources, Inc. (the “Company”) for the fiscal year ended December 31, 2007 and inthe Company’s Registration Statements Nos. 333-137889, 333-133071, 333-130766, 333-128622,333-96671, 333-69292, 333-112849, 333-121648, 333-122702, 333-52742 and 333-15723 on Form S-3, andin the Company’s Registration Statements Nos. 333-127934, 333-31950, 333-117390, 333-107838,333-96691, 333-71590 and 333-44898 on Form S-8.      NETHERLAND, SEWELL & ASSOCIATES, INC.
<TABLE> <S> <C>
                        

<ARTICLE>                     5

<CIK>                         0000822658
<NAME>                        Whitney American Corporation
<MULTIPLIER>                                   1
<CURRENCY>                                     U.S. Dollars
       
<S>                             <C>
<PERIOD-TYPE>                   year
<FISCAL-YEAR-END>                              MAY-31-1997
<PERIOD-START>                                 JUN-01-1996
<PERIOD-END>                                   MAY-31-1997
<EXCHANGE-RATE>                                1.000
<CASH>                                         0
<SECURITIES>                                   0
<RECEIVABLES>                                  0
<ALLOWANCES>                                   0
<INVENTORY>                                    0
<CURRENT-ASSETS>                               0
<PP&E>                                         0
<DEPRECIATION>                                 0
<TOTAL-ASSETS>                                 0
<CURRENT-LIABILITIES>                          68,979
<BONDS>                                        0
<PREFERRED-MANDATORY>                          0
<PREFERRED>                                    0
<COMMON>                                       0
<OTHER-SE>                                     1
<TOTAL-LIABILITY-AND-EQUITY>                   (68,980)
<SALES>                                        0
<TOTAL-REVENUES>                               0
<CGS>                                          0
<TOTAL-COSTS>                                  0
<OTHER-EXPENSES>                               57,819
<LOSS-PROVISION>                               0
<INTEREST-EXPENSE>                             0
<INCOME-PRETAX>                                (57,819)
<INCOME-TAX>                                   (57,819)
<INCOME-CONTINUING>                            (57,819)
<DISCONTINUED>                                 0
<EXTRAORDINARY>                                0
<CHANGES>                                      0
<NET-INCOME>                                   (57,819)
<EPS-PRIMARY>                                  (.92)
<EPS-DILUTED>                                  0
        


</TABLE>
#### SHAW v. TABERNACLE BAPTIST CHURCH.

(Supreme Court, Appellate Term, First Department.

January 31, 1896.)

No opinion. Judgment affirmed, with costs. See 35 N. Y. Supp. 1117.
<TABLE> <S> <C>

<PAGE>
<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM BALANCE
SHEETS AND A STATEMENT OF OPERATIONS AND IS QUALIFIED IN ITS ENTIRETY BY
REFERENCE TO SUCH FINANCIAL STATEMENTS.
</LEGEND>
<MULTIPLIER> 1,000
       
<S>                             <C>                     <C>
<PERIOD-TYPE>                   9-MOS                   9-MOS
<FISCAL-YEAR-END>                          DEC-31-1998             DEC-27-1997
<PERIOD-START>                             DEC-28-1997             JAN-01-1997
<PERIOD-END>                               SEP-30-1998             SEP-27-1997
<CASH>                                           1,913                   4,341
<SECURITIES>                                         0                       0
<RECEIVABLES>                                   93,772                  12,180
<ALLOWANCES>                                       940                      89
<INVENTORY>                                     81,734                   4,442
<CURRENT-ASSETS>                               221,873                  30,013
<PP&E>                                         145,539                  15,468
<DEPRECIATION>                                   8,086                     640
<TOTAL-ASSETS>                               1,457,268                 374,709
<CURRENT-LIABILITIES>                          173,654                  68,463
<BONDS>                                        402,287                 239,210
<PREFERRED-MANDATORY>                          647,371                  61,640
<PREFERRED>                                          0                       0
<COMMON>                                           670                     291
<OTHER-SE>                                    (59,714)                   2,268
<TOTAL-LIABILITY-AND-EQUITY>                 1,457,268                 374,709
<SALES>                                        509,566                  92,016
<TOTAL-REVENUES>                               509,566                  92,016
<CGS>                                          208,741                  29,500
<TOTAL-COSTS>                                  405,116                  64,963
<OTHER-EXPENSES>                               100,994                  11,384
<LOSS-PROVISION>                                   940                      89
<INTEREST-EXPENSE>                              50,075                  11,800
<INCOME-PRETAX>                               (47,559)                   3,780
<INCOME-TAX>                                     4,065                   1,512
<INCOME-CONTINUING>                           (51,624)                   2,268
<DISCONTINUED>                                       0                       0
<EXTRAORDINARY>                                  9,325                       0
<CHANGES>                                            0                       0
<NET-INCOME>                                  (60,949)                   2,268
<EPS-PRIMARY>                                   (1.24)                    0.08
<EPS-DILUTED>                                   (1.24)                    0.08
        

</TABLE>
#### Michael PETWAY, a/k/a Micheal Petway, Petitioner, v. NATIONAL LABOR RELATIONS BOARD, Respondent.

No. 11-1187.

United States Court of Appeals, Fourth Circuit.

Submitted: Aug. 23, 2011.

Decided: Aug. 30, 2011.

Ardra Monique O’Neal, Washington D.C., for Petitioner. Linda Dreeben, Deputy Associate General Counsel, Joel Frank Dillard, Eric Gray Moskowitz, Abby Propis Simms, National Labor. Relations Board, Washington, D.C.; Wayne R. Gold, National Labor Relations Board, Baltimore, Maryland, for Respondent.

Before KING, KEENAN, and WYNN, Circuit Judges.

Dismissed by unpublished PER CURIAM opinion.

Unpublished opinions are not binding precedent in this circuit.

PER CURIAM:

Michael Petway petitions this court to review the refusal of the General Counsel of the National Labor Relations Board (“NLRB”) to issue a complaint against Petway’s former employer, Doyle Printing and Offset Company, Inc. Pursuant to the National Labor Relations Act, the General Counsel “ha[s] final authority, on behalf of the [NLRB], in respect of the investigation of charges and issuance of complaints.” 29 U.S.C. § 153(d) (2006). “[T]he [NLRB]’s General Counsel has unreviewable discretion to refuse to institute an unfair labor practice complaint.” *Vaca v. Sipes,*386 U.S. 171, 182, 87 S.Ct. 903, 17 L.Ed.2d 842 (1967); *see Wellington Mill Div., W. Point Mfg. Co. v. NLRB,*330 F.2d 579, 590 (4th Cir.1964) (stating that General Counsel’s “refusal to [issue a complaint] is final and unappealable”). Therefore, we lack jurisdiction over Petway’s appeal.

Accordingly, we dismiss the petition for review. We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before the court and argument would not aid the decisional process.

*DISMISSED.*
EXHIBIT 99.1


              Certification of Chief Executive Officer Pursuant to
                  Section 906 of the Sarbanes-Oxley Act of 2002

In connection with the Annual Report on Form 10-K for the year ended December
31, 2002 (the "Report") by Bentley Pharmaceuticals, Inc. (the "Registrant"), the
undersigned hereby certifies 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, as amended, and

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




                                                  /s/ James R. Murphy
                                                  ------------------------------
                                                  James R. Murphy
                                                  Chairman, President and Chief
                                                  Executive Officer
                                                  (Chief executive officer)

                                                  March 13, 2003


<PAGE>


                                                                    EXHIBIT 99.2


              Certification of Chief Financial Officer Pursuant to
                  Section 906 of the Sarbanes-Oxley Act of 2002

In connection with the Annual Report on Form 10-K for the year ended December
31, 2002 (the "Report") by Bentley Pharmaceuticals, Inc. (the "Registrant"), the
undersigned hereby certifies 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, as amended, and

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




                                            /s/ Michael D. Price
                                            --------------------
                                            Michael D. Price
                                            Vice President, Chief Financial
                                            Officer, Treasurer and Secretary
                                            (Chief financial officer)

                                            March 13, 2003