alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
# C_2023035EN.01006501.xml

| 30.1.2023 | EN | Official Journal of the European Union | C 35/65 |
| --- | --- | --- | --- |

30.1.2023

EN

Official Journal of the European Union

C 35/65

---

Action brought on 12 November 2022 — Fontwell v Commission

(Case T-691/22)

(2023/C 35/81)

Language of the case: Portuguese

Parties

Applicant: Fontwell — Import, Export, Unipessoal, Lda (Zona Franca da Madeira) (Funchal, Portugal) (represented by: S. Gemas Donário and S. Soares, lawyers)

Defendant: European Commission

Form of order sought

The applicant claims that the General Court should:

| — | annul Commission Decision C(2020) 8550 final of 4 December 2020 on aid scheme SA.21259 (2018/C) (ex 2018/NN) implemented by Portugal for Zona Franca da Madeira (ZFM) — Regime III; |
| --- | --- |

—

annul Commission Decision C(2020) 8550 final of 4 December 2020 on aid scheme SA.21259 (2018/C) (ex 2018/NN) implemented by Portugal for Zona Franca da Madeira (ZFM) — Regime III;

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

—

order the Commission to pay the costs.

Pleas in law and main arguments

In support of the action, the applicant relies on five pleas in law that are, essentially, identical or similar to those relied on in Case T-553/22, Thorn Investments v Commission.

---
STATE of North Carolina v. Anthony Dewayne DAYE.

No. 401P07.

Supreme Court of North Carolina.

March 6, 2008.

Anthony D. Daye, Pro Se.

Gayl M. Manthei, Assistant Attorney General, Garry W. Frank, District Attorney, for State of NC.

*ORDER*

Upon consideration of the petition filed on the 10th day of August 2007 by Defendant in this matter for discretionary review of the decision of the North Carolina Court of Appeals pursuant to G.S. 7A-31, the following order was entered and is hereby certified to the North Carolina Court of Appeals:

"Denied by order of the Court in conference, this the 6th day of March 2008."
Exhibit 31.1

**CHIEFEXECUTIVE OFFICER CERTIFICATION**

I, Rhett R.Atkins, President and Chief Executive Officer of Eden  Bioscience Corporation, certifythat:

1.  I havereviewed this quarterly report on Form 10-Q of Eden  Bioscience Corporation;

2.  Based on myknowledge, this quarterly report does not contain any  untrue statement of a materialfact or omit to state a material fact  necessary to make the statements made, in light ofthe circumstances  under which such statements were made, not misleading with respect tothe period covered by this quarterly report;

3.  Based on myknowledge, the financial statements, and other  financial information included in thisquarterly report, fairly present  in all material respects the financial condition,results of operations  and cash flows of the registrant as of, and for, the periodspresented  in this quarterly report;

4.  Theregistrant’s other certifying officer and I are responsible  for establishing andmaintaining disclosure controls and procedures (as  defined in Exchange Act Rules13a-15(e) and 15d-15(e)) for the  registrant and have:

a)  Designedsuch disclosure controls and procedures, or caused such  disclosure controls andprocedures to be designed under our  supervision, to ensure that material informationrelating to the  registrant, including its consolidated subsidiaries, is made known tous by others within those entities, particularly during the period in  which thisquarterly report is being prepared;

b)  Evaluatedthe effectiveness of the registrant’s disclosure  controls and procedures andpresented in this report our conclusions  about the effectiveness of the disclosurecontrols and procedures, as  of the end of the period covered by this report based onsuch  evaluation; and

c)  Disclosedin this report any change in the registrant's internal  control over financial reportingthat occurred during the registrant's  most recent fiscal quarter that has materiallyaffected, or is  reasonably likely to materially affect, the registrant's internalcontrol over financial reporting; and

5.  Theregistrant’s other certifying officer and I have disclosed,  based on our mostrecent evaluation of internal control over financial  reporting, to the registrant’sauditors and the audit committee of the  registrant’s board of directors (or personsperforming the equivalent  function):

a)  allsignificant deficiencies and material weaknesses in the  design or operation of internalcontrol over financial reporting which  are reasonably likely to adversely affect theregistrant’s ability to  record, process, summarize and report financialinformation; and

b)  any fraud,whether or not material, that involves management or  other employees who have asignificant role in the registrant’s  internal control over financial reporting.

Date:  May 10,2005

|   |   |   | /s/      Rhett R. Atkins              |
|--------|--------|--------|---------------------------------------|
|   |   |   |                                       |
|   |   |   | Rhett R. Atkins                       |
|   |   |   | President and Chief Executive Officer |
#### In the Matter of Abdullah Y. Salahuddin, Petitioner, v Donald Selsky, as Director of Special Housing and Inmate Disciplinary Programs, Respondent.

[802 NYS2d 262]

Proceeding pursuant to CPLR article 78 (transferred to this Court by order of the Supreme Court, entered in Albany County) to review a determination of the Commissioner of Correctional Services which found petitioner guilty of violating a prison disciplinary rule.

Petitioner was charged in a misbehavior report with engaging in violent conduct, creating a disturbance, refusing a direct order, interfering with a prison employee and the misuse of state *1206property in violation of the prison disciplinary rules. Following a tier III disciplinary hearing, petitioner was found guilty of all charges except the misuse of state property. Upon administrative appeal, however, all charges, except refusing a direct order, were dismissed and the penalty was reduced. Thereafter, petitioner commenced this CPLR article 78 proceeding to challenge the determination finding him guilty of refusing a direct order.

We confirm. The detailed misbehavior report and the testimony of the correction officer who authored it provide substantial evidence to support the remaining determination of guilt *(see Matter of Alvarez v Goord,*17 AD3d 945, 945 [2005]; *Matter of Sanders v Goord,*275 AD2d 842, 842-843 [2000]). The report and the consistent testimony reveal that the officer observed petitioner coming from the mess hall with bread wrapped in brown paper towels and he informed petitioner that such towels were used for cleaning purposes only. He then directed petitioner to unwrap the bread and give him the paper towels. Petitioner stated “quit harassing me,” turned and walked into the dorm area. The officer followed and again directed petitioner to give him the paper towels. Petitioner then complied, handing over the paper towels and some of the bread. While petitioner may have complied with the second order, there is no evidence that he complied with the first. Moreover, the fact that the officer later acknowledged that he was unaware that the mess hall had issued the brown paper towels provides no defense. As a prison inmate, petitioner was required to promptly obey the directive without argument, even if the order appeared to be unwarranted *(see Matter of Montcrieft v Goord,*308 AD2d 648 [2003]).

We find no record support for petitioner’s remaining arguments and dismiss them as meritless.

Mercure, J.P., Peters, Mugglin, Rose and Kane, JJ., concur. Adjudged that the determination is confirmed, without costs, and petition dismissed.
IN RE T.R.S.

No. COA07-1447.

Court of Appeals of North Carolina.

Filed April 1, 2008.

Certification Date April 21, 2008.

Appeal from the Wilkes (04JT23, 04JT25).

Cases Reported Without Published Opinion. Affirmed.
STATE of North Carolina v. Dartanya Dichon HARRIS.

No. 120P08.

Supreme Court of North Carolina.

April 10, 2008.

Dartanya D. Harris, Pro Se.

Kathleen U. Baldwin, Assistant Attorney General, Garry W. Frank, District Attorney, for State of NC.

*ORDER*

Upon consideration of the petition filed by Defendant on the 14th day of March 2008 in *887this matter for a writ of certiorari to review the order of the Superior Court, Davidson County, the following order was entered and is hereby certified to the Superior Court of that County:

"Dismissed by order of the Court in conference, this the 10th day of April 2008."
STATE v. Eric Glenn LANE.

No. 606A05.

Supreme Court of North Carolina.

April 23, 2008.

Robert Montgomery, Special Deputy Attorney General. C. Branson Vickory, III, District Attorney, for State of NC.

The following order has been entered on the motion filed on the 22nd day of April *5562008 by Defendant for Extension of Time to File Brief:

"Motion Allowed. Defendant (Eric Glenn Lane) shall have up to and including the 25th day of July 2008 to file and serve his/her brief with this Court. By order of the Court in conference this the 23rd day of April 2008."
STATE v. George Thomas WILKERSON.

No. 170A07.

Supreme Court of North Carolina.

June 10, 2008.

Barbara Blackman, Assistant Appellate Defender, Thomas K. Maher, for Wilkerson.

Robert Montgomery, Special Deputy Attorney General, Garland N. Yates, District Attorney, for State of NC.

The following order has been entered on the motion filed on the 6th day of June 2008 by State of NC for Extension of Time to File Brief:

"Motion Allowed. State of NC shall have up to and including the 11th day of August 2008 to file and serve his/her brief with this Court. By order of the Court in conference this the 10th day of June 2008."
# **Exhibit32.1**

# **OFFICER’SCERTIFICATION**

Pursuant to 18U.S.C. Section 1350, the Chief Executive Officer of Western Sizzlin Corporation(the “Company”), hereby certifies that the Form 10-Q for the period endedSeptember 30, 2005 and the financial statements contained therein, fully complywith the requirements of Sections 13(a) or 15(d) of the Securities Exchange Actof 1934, and the information contained in the Form 10-Q and the financialstatements thereto fairly present, in all material respects, the financialcondition and results of operations of the Company as of September 30, 2006,and the period then ended.

 
| /s/ James C. Verney |   | Date: November  9, 2006 |
|---------------------|--------|-------------------------|

 

1

----
II 

110TH CONGRESS 

2D SESSION S. 3221 

To suspend temporarily the duty on certain acrylic fiber tow. 

IN THE SENATE OF THE UNITED STATES 

JUNE 27, 2008 

Mr. BARRASSO introduced the following bill; which was read twice and 

referred to the Committee on Finance 

A BILL 

To suspend temporarily the duty on certain acrylic fiber 

tow. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. CERTAIN ACRYLIC FIBER TOW. 

4 (a) IN GENERAL.—Subchapter II of chapter 99 of 

5 the Harmonized Tariff Schedule of the United States is 

6 amended by inserting in numerical sequence the following 

7 new heading: 


erowe on PROD1PC71 with BILLS
2 

•S 3221 IS

‘‘ 9902.01.00 Acrylic fiber tow 

(polyacrylonitrile tow) containing by weight a minimum 

of 98 percent acrylonitrile, 

not more than 30 ppm sodium and from 2 to 4 percent 

water, imported in the form 

of three sub-bundles, each 

containing 50,000 filaments 

and with average filament 

measuring 1.2 decitex (plus 

or minus 0.1) (provided for 

in subheading 5501.30.00) ... Free No change No change On or before 

12/31/2011 ’’. 

1 (b) EFFECTIVE DATE.—The amendment made by 

2 subsection (a) applies to goods entered, or withdrawn from 

3 warehouse for consumption, on or after the 15th day after 

4 the date of the enactment of this Act. 

Æ 


erowe on PROD1PC71 with BILLS
STATE v. WRIGHT-STOVER.

No. COA07-1327.

Court of Appeals of North Carolina.

Filed August 5, 2008.

Certification Date August 25, 2008.

Appeal from Mecklenburg (04CRS238171, 04CRS238173).

Case reported without published opinion. Affirmed.
<PAGE>

                                                                      EXHIBIT 11

                     STIRLING COOKE BROWN HOLDINGS LIMITED

           STATEMENT OF COMPUTATION OF NET INCOME PER ORDINARY SHARE

  (Expressed in thousands of United States dollars, except share and per share
                                     data)

<TABLE>
<CAPTION>
                                                  AS OF OR FOR THE YEAR ENDED
                                                         DECEMBER 31,
                                                 ------------------------------
                                                   1995      1996       1997
                                                 --------- ---------  ---------
<S>                                              <C>       <C>        <C>
Net income.....................................  $   4,594 $   9,918  $  12,993
                                                 ========= =========  =========
BASIC
Number of shares:
Weighted average number of ordinary Shares out-
 standing......................................  4,000,020 7,879,121  8,382,434
Weighted average treasury shares held..........          0   (67,227)  (143,396)
Shares issued in June 1997.....................    288,888   288,888    144,444
                                                 --------- ---------  ---------
                                                 4,288,908 8,100,782  8,383,482
                                                 ========= =========  =========
Net income per share...........................  $    1.07 $    1.22  $    1.55
                                                 ========= =========  =========
DILUTED
Number of shares:
Weighted average number of ordinary Shares out-
 standing......................................  4,000,020 7,879,121  8,237,990
Weighted average treasury shares held..........          0   (67,227)  (143,396)
Shares issued in June 1997.....................    288,888   288,888    288,888
Incremental shares from assumed exercise of op-
 tions.........................................     15,190   205,828    131,991
                                                 --------- ---------  ---------
                                                 4,304,098 8,306,610  8,515,473
                                                 ========= =========  =========
Net income per share assuming dilution.........  $    1.07 $    1.19  $    1.53
                                                 ========= =========  =========
</TABLE>
**EXHIBIT 23**

 

Consent of Auditors 

 

**CONSENT OF INDEPENDENT REGISTERED PUBLIC ACCOUNTING FIRM**

 

We hereby consent to the incorporation by reference in the Registration Statement on Form S-3 (File Nos. 333-111540, 333-115667, 333-120072 and 333-117082) and in therelated Prospectuses, and the Registration Statements on Form S-8 (File Nos. 333-111393, 333-109006, 333-83804, 333-58518, 333-118178 and 333-114642) of American Access Technologies, Inc. of our report dated January 30, 2005, except for the fifthparagraph of Note l as to which the date is February 3, 2005, and the fifth paragraph of Note 14 as to which the date is February 18, 2005, with respect to the consolidated financial statements of American Access Technologies, Inc. and subsidiarieswhich appears in the Annual Report on Form 10-KSB of American Access Technologies, Inc. and Subsidiaries included in this Annual Report on Form 10-KSB for the year ended December 31, 2004. 

 

RACHLIN COHEN & HOLTZ LLP 

 

Fort Lauderdale, Florida 

March 21, 2005
Exhibit








Exhibit 10.7







May 27, 2016


Eric Claus
Chief Executive Officer
Save-A-Lot
100 Corporate Office Drive
Earth City, MO 63045




Dear Eric, 


This letter confirms that you and Supervalu agree to amend the Letter Agreement with you dated November 30, 2015 to provide that the "Outside Date" as defined in such Letter Agreement will be extended 12 months.   The amended Outside Date will be December 13, 2017.  


This amendment is based on our mutual desire and benefit as it will help to optimize and facilitate the parties' intentions and ability to explore the Separation. 


Please confirm your agreement with and acceptance of this amendment by signing below and returning this letter amendment to me. 






Best regards,


/s/ Mark Gross


Mark Gross
President and Chief Executive Officer
SUPERVALU INC.




    




ACKNOWLEDGED and AGREED:


	
					
	/s/ ERIC CLAUS
	 
	6/1/2016
	 
	 

	Eric Claus
	 
	Date
	 
	 










cc:    Andre LaMere
<PAGE>   1
                                                                    EXHIBIT 3.5

                         SUNSTONE HOTEL INVESTORS, INC.

                              ARTICLES OF AMENDMENT


         Sunstone Hotel Investors, Inc., a Maryland corporation, having its
principal office in the State of Maryland at c/o The Prentice-Hall Corporation
System, Inc., 11 East Chase Street, Suite 7-C, Baltimore, Maryland 21202
(hereinafter referred to as the "Corporation"), hereby certifies to the State
Department of Assessments and Taxation of Maryland that:

         FIRST: The Corporation hereby amends its Charter as currently in effect
by deleting in its entirety the definition of "Independent Director" in
SUBSECTION (c) of SECTION 1 of ARTICLE VI of the Charter, and by inserting, in
lieu thereof, the following:

         c. Independent Directors. Notwithstanding anything herein to the
contrary, at all times (except during a period not to exceed sixty (60) days
following the death, resignation, incapacity or removal from office of a
director prior to expiration of the director's term of office), a majority of
the Board of Directors shall be comprised of persons who are not officers or
employees of the Corporation.

         SECOND: The amendment to the Charter of the Corporation as hereinabove
set forth was duly advised by the Board of Directors of the Corporation and
approved by the stockholders of the Corporation, as required by law.

         THIRD: The amendments set forth herein do not change the authorized
stock of the Corporation.

         FOURTH: By resolution of the Board of Directors of the Corporation,
Roger M. Cohen, Esquire has been authorized as agent to witness these Articles
of Amendment.

         FIFTH: The undersigned President acknowledges these Articles of
Amendment to be the corporate act of the Corporation and, as to all matters or
facts required


                                        1


<PAGE>   2
to be verified under oath, the undersigned President acknowledges that to the
best of his knowledge, information and belief, these matters and facts are true
in all material respects and that this statement is made under the penalties for
perjury.

         IN WITNESS WHEREOF, the Corporation has caused these Articles of
Amendment to be signed in its name and on its behalf by its President and
witnessed by its authorized agent on this 30th day of April, 1997.


                                                SUNSTONE HOTEL INVESTORS, INC.


                                                By: /s/ ROBERT A. ALTER (Seal)
                                                    ----------------------------
                                                    Name: Robert A. Alter
                                                    Title: President

WITNESS:


By: /s/ ROGER M. COHEN
    -------------------------------
    Name: Roger M. Cohen, Esquire
    Title: Authorized Agent



                                        2
STATE v. Audrey GOBAL.

No. 545A07.

Supreme Court of North Carolina.

February 4, 2008.

Brian Michael Aus, Durham, for Gobal.

David Gordon, Assistant Attorney General, C. Colon Wlloughby, Jr., District Attorney, for State of NC.

The following order has been entered on the motion filed on the 31st day of January 2008 by State of NC for Motion to Extend the Time for Filing State's Brief:

"Motion Allowed. State of NC shall have up to and including the 20th day of February, 2008 to file and serve his/her brief with this Court. By order of the Court in conference this the 4th day of February 2008."
STATE v. KOHLS.

No. COA07-327.

Court of Appeals of North Carolina.

Filed November 20, 2007.

Certification Date December 10, 2007.

Appeal from Wayne (05CRS58177, 05CRS58234).

Cases reported without published opinion. No error.
cnv_Ex4_71


		
			EXHIBIT 4.71
		

		
			ENGLISH SUMMARY of Verbal Sublease Agreement BETWEEN CDISCOUNT S.A. (“CDISCOUNT”) AND DISTRIBUTION FRANPRIX S.A. (“FRANPRIX”) FOR WAREHOUSE LOCATED IN SAINT MARD, FRANCE
		

		
			Parties: Cdiscount S.A. and Distribution Franprix S.A. 
		

		
			Purpose: Franprix as lessee leases to Cdiscount as sublessee space consisting mainly of warehouse space located at ZAC de la Fontaine du Berger, Saint Mard, 77230, France.
		

		
			Summary of Major Terms:
		

			
	
			
				 ·
			

			
	
			
			Premises covered by the lease represent approximately 50,000 square meters.




			
	
			
				 ·
			

			
	
			
			The lease starts on March 1, 2015 and ends on March 1, 2016, on which date Cdiscount leases such premises directly from the lessor.




			
	
			
				 ·
			

			
	
			
			Annual rent set forth in lease is €1,751,292 (excluding taxes and charges).
ROYAL v. PATE.

No. COA07-529.

Court of Appeals of North Carolina.

Filed January 15, 2008.

Certification Date February 4, 2008.

Appeal from Lenoir (05CVS502).

Case reported without published opinion. Dismissed.
EXHIBIT
32.2





CERTIFICATION
PURSUANT TO 18 U.S.C. SECTION 1350


AS
ADOPTED PURSUANT TO SECTION 906


OF
THE SARBANES-OXLEY ACT OF 2002





The undersigned, Leada Tak Tai Li, the
Chief Financial Officer of CHINA PRECISION STEEL, INC. (the “Company”), DOES
HEREBY CERTIFY that:





1.      The
Company’s Annual Report on Form 10-K for the fiscal year ended June 30, 2010
(the “Report”), fully complies with the requirements of Section 13(a) of the
Securities Exchange Act of 1934; and





2.      Information
contained in the Report fairly presents, in all material respects, the financial
condition and results of operation of the Company.





IN WITNESS WHEREOF, the undersigned has
executed this statement this 28th day of
September, 2010.





/s/ Leada Tak Tai LiLeada
      Tak Tai LiChief
      Financial Officer(Principal
      Financial and Accounting
Officer)





A signed
original of this written statement required by Section 906 has been provided to
China Precision Steel, Inc. and will be retained by China Precision Steel, Inc.
and furnished to the Securities and Exchange Commission or its staff upon
request.





The
forgoing certification is being furnished to the Securities and Exchange
Commission pursuant to § 18 U.S.C. Section 1350.  It is not being
filed for purposes of Section 18 of the Securities Exchange Act of 1934, as
amended, and is not to be incorporated by reference into any filing of the
Company, whether made before or after the date hereof, regardless of any general
incorporation language in such filing.