alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
# Commission Implementing Decision of 6 February 2014 repealing Decision 2003/766/EC on emergency measures to prevent the spread            within the Community of Diabrotica virgifera Le Conte (notified under document C(2014) 467) (2014/62/EU)         

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U.K.

# Commission Implementing Decision

# of 6 February 2014

# repealing Decision 2003/766/EC on emergency measures to prevent the spread within the Community of *Diabrotica virgifera* Le Conte                     

# (notified under document C(2014) 467)

# (2014/62/EU)

THE EUROPEAN COMMISSION,

Having regard to the Treaty on the Functioning of the European Union,

Having regard to Council Directive 2000/29/EC of 8 May 2000 on protective measures against the introduction into the Community                           of organisms harmful to plants or plant products and against their spread within the Community(1), and in particular the fourth sentence of Article 16(3) thereof,                        

Whereas:

(1)Commission Decision 2003/766/EC(2) has failed to prevent the spread of *Diabrotica virgifera virgifera* Le Conte as appears from the yearly surveys carried out by the Member States pursuant to that Decision. Those surveys further                              show that *Diabrotica virgifera virgifera* Le Conte has now established in a large part of the Union territory. In addition, it is not feasible to block its further                              spread and effective and sustainable means of control minimising the impact of that organism on maize yield exist, in particular                              the implementation of a crop rotation scheme.

(2)Decision 2003/766/EC should therefore be repealed.

(3)The measures provided for in this Decision are in accordance with the opinion of the Standing Committee on Plant Health,

HAS ADOPTED THIS DECISION:

# Article 1U.K.

Decision 2003/766/EC is repealed.

# Article 2U.K.

This Decision is addressed to the Member States.

Done at Brussels, 6 February 2014.

*For the Commission*                            

Tonio Borg                            

*Member of the Commission*                            

1

OJ L 169, 10.7.2000, p. 1.                           

2

Commission Decision 2003/766/EC of 24 October 2003 on emergency measures to prevent the spread within the Community of *Diabrotica virgifera* Le Conte (OJ L 275, 25.10.2003, p. 49).
exh10_5.htm


 


 











Exhibit 10.5




 


ASSIGNMENT AND ASSUMPTION


 


OF


 


LOAN SALE AGREEMENT


 


THIS ASSIGNMENT AND ASSUMPTION LOAN SALE AGREEMENT (this “Assignment”) is made this 03 day of September, 2010, by and between RESOURCE REAL ESTATE OPPORTUNITY OP, LP, a Delaware limited partnership, as assignor (“Assignor”), and RRE WESTHOLLOW HOLDINGS, LLC, a Delaware limited liability company, as assignee (“Assignee”).


 


RECITALS







 


A. Assignor, as buyer, has entered into that certain Loan Sale Agreement effective July 30, 2010 (together with all amendments thereto, the “Agreement”) with Bank of America, N.A. as successor by merger to LaSalle Bank National Association as Trustee for the Registered Holders of GMAC Commercial Mortgage Securities, Inc., Mortgage Pass-Through Certificates, Series 2003-C3 (the “Seller”) with respect to the acquisition of a loan evidenced by a Promissory Note in the original principal amount of $13,850,000 from Westhollow Landmark LP, a Delaware limited partnership (the “Loan”).


 


B. Assignor is the sole equity member of Assignee.


 


C. Assignor desires to assign and set over to Assignee all of its right, title and interest in, to and under the Agreement.


 


D. Assignee desires to assume and be responsible for all of Assignor’s obligations under the Agreement.


 







NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Assignor and Assignee agree as follows:








	 	
1.  

	
Assignor assigns, sets over and transfers to Assignee all of its right, title and interest in, to and under the Agreement.













	 	
2.  

	
Assignee hereby specifically assumes and otherwise agrees to be responsible for all of the obligations of Assignor under the Agreement as if Assignee were the original buyer thereunder.













	 	
3.  

	
This Assignment shall be binding on the parties hereto and their successors and assigns.












 


[SIGNATURES APPEAR ON FOLLOWING PAGE]


 


 




  





  











  






 


IN WITNESS WHEREOF, intending to be legally bound, Assignor and Assignee have caused this Assignment to be executed by their duly authorized officers on the day and year first above written.


 


ASSIGNOR:


 


RESOURCE REAL ESTATE OPPORTUNITY OP, LP, a Delaware limited partnership


 


By:           Resource Real Estate Opportunity REIT, Inc., its general partner


 


By:           /s/ Alan F. Feldman


Name:     Alan F. Feldman


Title:       CEO


 







 


ASSIGNEE:


 


RRE WESTHOLLOW HOLDINGS, LLC, a Delaware limited liability company


 


By:           Resource Real Estate Opportunity OP, LP, its solemember


 


By:           Resource Real Estate Opportunity REIT,Inc., its general partner


 



By:           /s/ Alan F. Feldman


Name:     Alan F. Feldman


Title:       CEO
# C_2023286EN.01003801.xml

| 14.8.2023 | EN | Official Journal of the European Union | C 286/38 |
| --- | --- | --- | --- |

14.8.2023

EN

Official Journal of the European Union

C 286/38

---

Action brought on 20 June 2023 — Barry’s Bootcamp v EUIPO — Hummel (Device of two chevrons pointing downwards)

(Case T-340/23)

(2023/C 286/51)

Language in which the application was lodged: English

Parties

Applicant: Barry’s Bootcamp Holdings LLC (Miami, Florida, United States) (represented by: M. Hawkins, T. Dolde and C. Zimmer, lawyers)

Defendant: European Union Intellectual Property Office (EUIPO)

Other party to the proceedings before the Board of Appeal: Hummel Holding A/S (Aarhus, Denmark)

Details of the proceedings before EUIPO

Proprietor of the trade mark at issue: Other party to the proceedings before the Board of Appeal

Trade mark at issue: International registration designating the European Union in respect of a figurative mark (Device of two chevrons pointing downward) — International registration designating the European Union No 915 962

Procedure before EUIPO: Cancellation proceedings

Contested decision: Decision of the Second Board of Appeal of EUIPO of 10 March 2023 in Case R 1422/2022-2

Form of order sought

The applicant claims that the Court should:

| — | annul the contested decision; |
| --- | --- |

—

annul the contested decision;

| — | order the defendant and the other party to the proceedings before the Board of Appeal, should it intervene, to bear the costs of the proceedings. |
| --- | --- |

—

order the defendant and the other party to the proceedings before the Board of Appeal, should it intervene, to bear the costs of the proceedings.

Pleas in law

| — | 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;

| — | Infringement of Article 58(1)(a) of Regulation (EU) 2017/1001 of the European Parliament and of the Council. |
| --- | --- |

—

Infringement of Article 58(1)(a) of Regulation (EU) 2017/1001 of the European Parliament and of the Council.

---
Exhibit 4.51

Schedule of Warrants Issued
(I Series and RMR Series)



`DATE                                    WARRANT         NUMBER OF       EXERCISE PRICE
ISSUED          WARRANT HOLDER          NO.             SHARES          EXPIRATION DATE

12/12/00        Infinity Advisors, Inc. I-1             100,000         Exercise Price: $0.20
                                                                        Expires: 12/12/05

12/12/00        Infinity Advisors, Inc. I-2             100,000         Exercise Price: $0.01
                                                                        Expires: 12/12/05

12/20/00        RMSI Investments        RMR-1           100,000         Exercise Price: $0.20
                                                                        Expires: 12/20/05

12/20/00        RMSI Investments        RMR-2           100,000         Exercise Price: $0.01
                                                                        Expires: 12/20/05`
IN RE S.M.F.

No. COA07-982.

Court of Appeals of North Carolina.

Filed January 15, 2008.

Certification Date February 4, 2008.

Appeal from Randolph (05JT88, 05JT89).

Case reported without published opinion. Affirmed.
**Exhibit 32.1**

 

#### **CERTIFICATIONS OFPERIODIC REPORT**

#### ** **

I,John R. Serino, President and Chief Executive Officer of Encision Inc. (the “Company”),hereby certify, pursuant to Section 906 of the Sarbanes-Oxley Act of 2002,18 U.S.C. Section 1350, that:

 

·          the Quarterly Report on Form 10-QSB of theCompany for the three months ended December 31, 2007 (the “Report”) fullycomplies with the requirements of Section 13(a) or 15(d) of theSecurities Exchange Act of 1934 (15 U.S.C. 78m or 78o(d)); and

 

·          the information contained inthe Report fairly presents, in all material respects, the financial conditionand results of operations of the Company for the period covered by the Report.

 

Dated:    February 11, 2008

 
|   | /s/  John R. Serino          |
|--------|------------------------------|
|   |                         |
|   | John  R. Serino              |
|   | Principal  Executive Officer |

 

I,Marcia McHaffie, Controller and Principal Accounting Officer of Encision Inc.(the “Company”), hereby certify, pursuant to Section 906 of theSarbanes-Oxley Act of 2002, 18 U.S.C. Section 1350, that:

 

·          the QuarterlyReport on Form 10-QSB of the Company for the three months ended December 31,2007 (the “Report”) fully complies with the requirements of Section 13(a) or15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m or 78o(d));and

 

·          the informationcontained in the Report fairly presents, in all material respects, thefinancial condition and results of operations of the Company for the periodcovered by the Report.

 

Dated:    February 11, 2008

 
|   | /s/  Marcia McHaffie                                                      |
|--------|---------------------------------------------------------------------------|
|   |                                                                      |
|   | Marcia  McHaffie                                                          |
|   | Controller,  Principal Accounting Officer and Principal Financial Officer |

 

 

----
```

[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[S. 497 Introduced in Senate (IS)]

110th CONGRESS
  1st Session
                                 S. 497

 To repeal a prohibition on the use of certain funds for tunneling in 
 certain areas with respect to the Los Angeles to San Fernando Valley 
                    Metro Rail project, California.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                            February 6, 2007

  Mrs. Boxer introduced the following bill; which was read twice and 
    referred to the Committee on Banking, Housing, and Urban Affairs

_______________________________________________________________________

                                 A BILL

 
 To repeal a prohibition on the use of certain funds for tunneling in 
 certain areas with respect to the Los Angeles to San Fernando Valley 
                    Metro Rail project, California.

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

SECTION 1. REPEAL OF PROHIBITION.

    The second sentence of section 321 of the Department of 
Transportation and Related Agencies Appropriations Act, 1986 (99 Stat. 
1287) is repealed.
                                 <all>
```
<PAGE>   1
                                                                   EXHIBIT 10.21


<TABLE>
<CAPTION>

     Date of            Name of                   Warrant            Number of Shares       Expiration
     Issuance      Warrant Recipient                No.              of Common Stock           Date
<S>                 <C>                            <C>                   <C>                <C>
     11/16/98       Jerry L. Ruyan                 PL-2                   40,000            11/16/2003
     11/05/98       Greg C. Mosher                 PL-3                   40,000            11/05/2003
     11/16/98       Stephen D. King                PL-4                  200,000            11/16/2003
     11/16/98       Jerry L. Ruyan                 PL-5                  200,000            11/16/2003
     1/22/99        Andrew Green                   PL-6                  200,000             1/22/2004
     1/22/99        Andrew Green                   PL-7                  200,000             1/22/2004

</TABLE>
* Pursuant to 5TH CIR. R. 47.5, the court has determined that

this opinion should not be published and is not precedent except

under the limited circumstances set forth in 5TH CIR. R. 47.5.4.

United States Court of Appeals

Fifth Circuit

FILED

August 17, 2005

Charles R. Fulbruge III

Clerk

IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

 

No. 04-30642

Conference Calendar

 

UNITED STATES OF AMERICA,

Plaintiff-Appellee,

versus

SHAWN M. COCKERHAM,

Defendant-Appellant.

--------------------

Appeal from the United States District Court

for the Western District of Louisiana

USDC No. 6:02-CR-60041-RFD

--------------------

Before BENAVIDES, CLEMENT, and PRADO, Circuit Judges.

PER CURIAM:*

Shawn M. Cockerham appeals his guilty-plea conviction and

sentence for being a felon in possession of ammunition and

firearms. Cockerham contends that his sentence is invalid in

light of United States v. Booker, 125 S. Ct. 738 (2005), because

the sentencing judge applied the sentencing guidelines as if they

were mandatory. We review for plain error. United States v.

Valenzuela-Quevedo, 407 F.3d 728, 732 (5th Cir. 2005), petition

for cert. filed (July 25, 2005) (No. 05-5556); United States v.
No. 04-30642

-2-

Malveaux, 411 F.3d 558, 560 (5th Cir. 2005), petition for cert.

filed (July 11, 2005) (No. 05-5297). To prevail under a plain

error analysis, Cockerham must show: “(1) error, (2) that is

plain, and (3) that affects his substantial rights.” United

States v. Mares, 402 F.3d 511, 520 (5th Cir. 2005) (internal

quotations and citation omitted), petition for cert. filed

(Mar. 31, 2005) (No. 04-9517). If these three conditions are

met, this court has the discretion to correct the error, “but

only if (4) the error seriously affects the fairness, integrity,

or public reputation of judicial proceedings.” ValenzuelaQuevedo, 407 F.3d at 733 (citation and internal quotations marks

omitted).

To demonstrate that the plain error affected his substantial

rights, Cockerham has the burden of showing that the error

“affected the outcome of the district court proceedings.” Id.

(internal quotations and citation omitted). He must demonstrate

“that the sentencing judge--sentencing under an advisory scheme

rather than a mandatory one--would have reached a significantly

different result.” Mares, 402 F.3d at 521.

There is nothing in the record to suggest that Cockerham’s

sentence would have been any less had the court applied the

sentencing guidelines as advisory rather than mandatory. See

Valenzuela-Quevedo, 407 F.3d at 733-34. Cockerham thus fails to

establish prejudice to his substantial rights. The judgment of

the district court is AFFIRMED.
STATE v. James Allen TURNAGE, Jr.

No. 228A08.

Supreme Court of North Carolina.

July 16, 2008.

Catherine F. Jordan, David W. Boone, Assistant Attorney Generals, C. Colon Willoughby, Jr., District Attorney, for the State of NC.

The following order has been entered on the motion filed on the 15th day of July 2008 by Defendant for extension of time to file brief:

"Motion Denied. By order of the Court in conference this the 16th day of July 2008."
STATE of North Carolina v. William O'Neill McDOUGALD.

No. 253P08.

Supreme Court of North Carolina.

December 11, 2008.

William O. McDougald, Pro Se.

M. Elizabeth Guzman, Assistant Attorney General, Susan Doyle, District Attorney, for State of NC.

*ORDER*

Upon consideration of the petition filed by Defendant on the 4th day of June 2008 in this matter for a writ of certiorari to review the decision of the North Carolina Court of Appeals, the following order was entered and is hereby certified to the North Carolina Court of Appeals:

"Dismissed by order of the Court in conference, this the 11th day of December 2008."
AMENDMENT
NO. 1 TO THE




DIRECTOR
COMPENSATION PROGRAM UNDER THE




INTERMEC,
INC. 2008 OMNIBUS INCENTIVE PLAN




The
Director Compensation Program under the Intermec, Inc. 2008 Omnibus Incentive
Plan (the "Program")
is hereby amended by adding the following addendum:




Notwithstanding
any other provision in the Program to the contrary, all retainer and meeting
fees payable pursuant to the Program for services performed during the
twelve-month period ending December 31, 2009 shall be reduced by ten
percent.




In all
other respects, the Program is hereby ratified and confirmed.  The
effective date of this amendment is January 1, 2009.
STATE v. HARLOW.

No. COA08-878.

Court of Appeals of North Carolina.

Filed December 16, 2008.

Certification Date January 5, 2009.

Appeal from Columbus (07CRS50032).

Case reported without published opinion. No Error.
<TABLE> <S> <C>

<ARTICLE> 5
<LEGEND>
This schedule contains summary financial information extracted from the
unaudited condensed balance sheets and unaudited condensed statements of
income found on pages 3 and 4 of the Company's Form 10-QSB for the year to
date, and is qualified in its entirety by reference to such financial
statements.
</LEGEND>
<PERIOD-TYPE>                   9-MOS
<FISCAL-YEAR-END>                          DEC-31-1998
<PERIOD-END>                               SEP-30-1999
<CASH>                                          90,634
<SECURITIES>                                         0
<RECEIVABLES>                                  588,235
<ALLOWANCES>                                         0
<INVENTORY>                                    104,732
<CURRENT-ASSETS>                             1,036,465
<PP&E>                                      24,323,748
<DEPRECIATION>                                       0
<TOTAL-ASSETS>                              26,312,073
<CURRENT-LIABILITIES>                        2,646,970
<BONDS>                                              0
<COMMON>                                         3,000
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                  7,240,000
<OTHER-SE>                                    (593,093)
<TOTAL-LIABILITY-AND-EQUITY>                26,312,073
<SALES>                                      5,765,471
<TOTAL-REVENUES>                             5,765,471
<CGS>                                        1,814,346
<TOTAL-COSTS>                                1,814,346
<OTHER-EXPENSES>                             5,556,073
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                           1,036,077
<INCOME-PRETAX>                             (2,641,025)
<INCOME-TAX>                                  (156,832)
<INCOME-CONTINUING>                         (2,484,193)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                (2,484,193)
<EPS-BASIC>                                     (.83)
<EPS-DILUTED>                                     (.83)


</TABLE>
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.                  

###### Federal Reserve System

This notice corrects a notice (FR Doc. 05-17264) published on page 51816 of the issue for Wednesday, August 31, 2005.

Under the Federal Reserve Bank of Chcago, the entry for Marshall and Ilsley Corporation, Milwaukee, Wisconsin, is revised to read as follows:

**A. Federal Reserve Bank of Chicago**                     (Patrick M. Wilder, Assistant Vice President) 230 South LaSalle Street, Chicago, Illinois 60690-1414:                

*1.  Marshall and Ilsley Corporation*, Milwaukee, Wisconsin; to acquire Brasfield Holdings, LLC, Birmingham, Alabama, and thereby indirectly acquire ownership of Brasfield Technology LLC, Brasfield Data Services LLC, Image Center LLC and Image Exchange LLC, all located in Birmingham, Alabama, and thereby engage in data processing and management consulting activities, pursuant to sections 225.28(b)(9)(i)(A), and 225.28(b)(14)(i and ii) of Regulation Y.                

Comments on this application must be received by September 15, 2005.

Board of Governors of the Federal Reserve System, September 1, 2005.

Jennifer J. Johnson,

Secretary of the Board.

[FR Doc. 05-17742 Filed 9-7-05; 8:45 am]

BILLING CODE 6210-01-S
Exhibit 99.2


                CERTIFICATION OF PRINCIPAL FINANCIAL OFFICER

 Pursuant to Section 906 of the Sarbanes-Oxley Act of 2002 (18 U.S.C. 1350)

      The undersigned executive officer of Community Investors Bancorp,
Inc. (the "Registrant") hereby certifies that the Registrant's Form 10-QSB
for the period ended March 31, 2003 fully complies with the requirements of
Section 13(a) of the Securities Exchange Act of 1934 and that the
information contained therein fairly presents, in all material respects,
the financial condition and results of operations of the Registrant.


                                       /s/ Robert W. Siegel
                                       ------------------------------------
                                       Name: Robert W. Siegel
                                       Title: Assistant Vice President,
                                              Controller and Treasurer

Date: May 14, 2003



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

<PAGE>