alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
# C_2008079EN.01002703.xml

| 29.3.2008 | EN | Official Journal of the European Union | C 79/27 |
| --- | --- | --- | --- |

29.3.2008

EN

Official Journal of the European Union

C 79/27

---

Judgment of the Court of First Instance of 13 February 2008 — Sanofi-Aventis v OHIM

(Case T-146/06) (1)

1

(Community trade mark - Opposition proceedings - Application for Community word mark ATURION - Earlier national mark URION - Relative ground for refusal - Lack of likelihood of confusion - Lack of similarity between the signs - Article 8(1)(b) of Regulation (EC) No 40/94)

(2008/C 79/54)

Language of the case: Spanish

Parties

Applicant: Sanofi-Aventis SA (Paris, France) (represented by: E. Armijo Chávarri and A. Castán Pérez-Gómez, lawyers)

Applicant:

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: J. García Murillo, Agent)

Defendant:

Other party to the proceedings before the Board of Appeal of OHIM intervening before the Court of First Instance: GD Searle LLC (New York, New York, United States of America)

Other party to the proceedings before the Board of Appeal of OHIM intervening before the Court of First Instance:

Re:

Action brought against the decision of the First Board of Appeal of OHIM of 3 February 2006 (Case R 227/2005-1) concerning opposition proceedings between Sanofi-Aventis SA and GD Searle LLC.

Operative part of the judgment

The Court:

| 1. | Dismisses the action; |
| --- | --- |

1.

Dismisses the action;

| 2. | Orders Sanofi-Aventis SA to pay the costs. |
| --- | --- |

2.

Orders Sanofi-Aventis SA to pay the costs.

---

(1)  OJ C 190, 12.8.2006.

1

---
**Judgment of the Court of First Instance (Second Chamber) of 16 December 2008 – Torres v OHIM – Navisa Industrial Vinícola
Española (MANSO DE VELASCO)**

**(Case T-259/06)**

Community trade mark – Opposition proceedings – Application for the Community word mark MANSO DE VELASCO – Earlier national word mark VELASCO – Relative ground for refusal – Likelihood of confusion – Article 8(1)(b) of Regulation (EC) No 40/94

Community trade mark – Definition and acquisition of the Community trade mark – Relative grounds for refusal – Opposition by the proprietor of an earlier identical or similar mark registered for identical or similar goods or services
– Likelihood of confusion with the earlier mark (Council Regulation No 40/94, Art. 8(1)(b)) (see paras 27, 73)

**Re:**

| | |
| --- | --- |
| | ACTION brought against the decision of the First Board of Appeal of OHIM of 29 June 2006 (Case R 865/2005-1) relating to opposition proceedings between Navisa Industrial Vinícola Española, SA and Miguel Torres, SA. |

**Information relating to the case**

| | |
| --- | --- |
| Applicant for the Community trade mark: | Miguel Torres, SA |
| Community trade mark sought: | Word mark MANSO DE VELASCO for goods in Class 33 — Application No 2261527 |
| Proprietor of the mark or sign cited in the opposition proceedings: | Navisa Industrial Vinícola Española, SA |
| Mark or sign cited in opposition: | Spanish word mark VELASCO for goods in Class 33 |
| Decision of the Opposition Division: | Opposition upheld and application dismissed |
| Decision of the Board of Appeal: | Appeal dismissed |

**Operative part**

The Court:

| | | |
| --- | --- | --- |
| 1. | | Dismisses the action; |

| | | |
| --- | --- | --- |
| 2. | | Orders Miguel Torres SA to pay the costs. |
WILKES v. CITY OF GREENVILLE.

No. 368PA15-1.

Supreme Court of North Carolina.

April 13, 2016.

Anita B. Hunt, Durham, for Wilkes, Johnnie.

Matthew P. Blake, Cary, for City of Greenville, et al.

J. William Crone, IV, for N.C. Association of Self-Insurers, et al.

J. Timothy Wilson, for N.C. Association of Self-Insurers, et al.

Bruce A. Hamilton, Raleigh, for N.C. Association of Self-Insurers, et al.

Tracey L. Jones, Raleigh, for N.C. Association of Self-Insurers, et al.

Allison B. Schafer, Legal Counsel/Director of Policy, for N.C. Association of Self-Insurers, et al.

Christine Teresa Scheef, for N.C. Association of Self-Insurers, et al.

Kimberly S. Hibbard, General Counsel, for N.C. Association of Self-Insurers, et al.

M. Duane Jones, Charlotte, for N.C. Association of Defense Attorneys, et al.

Angela Farag Craddock, Raleigh, for N.C. Association of Defense Attorneys, et al.

The following order has been entered on the conditional motion filed on the 17th of December 2015 by NC Association of Defense Attorneys, NC Chamber, NC Retail Merhcants Association, and NC Home Builders Association for leave to file Amicus Curiae Brief:

> "Motion Allowed by order of the Court in conference, this the 13th of April 2016."

Unless already submitted, the Amicus Brief shall be submitted to the court within the times allowed and in the manner provided by Appellate Rule 28(i).
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

In connection with the Quarterly Report on Form 10-Q for the quarter ended June 30, 2022 (the “Report”) of Hercules Capital, Inc. (the “Registrant”), as filed with the Securities and Exchange Commission on the date hereof, I, Seth H. Meyer, the Chief Financial Officer of the Registrant, certify, to the best of my knowledge, 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 presents, in all material respects, the financial condition and results of operations of the Registrant.

 

|                     |        |                                                        |
|---------------------|--------|--------------------------------------------------------|
| Date: July 28, 2022 | By:    | /S/ SETH H. MEYER

                               |
|                |   | Seth H. Meyer                                          |
|                |   | Chief Financial Officer, and

Chief Accounting Officer |

 

----
### NUMBER 13 - 22 - 00345 - CR COURT OF APPEALS THIRTEENTH DISTRICT OF TEXAS CORPUS CHRISTI - EDINBURG

JUSTIN HERNANDEZ , Appellant ,
v. THE STATE OF TEXAS , Appellee.

On appeal from the 94th District Court of Nueces County , Texas. 

## O R D E R
Before Chief Justice Cont reras and Justices Longoria and Tijerina Order Per Curia m
Appellant, Justin Hernandez , has filed a notice of appeal with this Court from his conviction in trial court cause number 20FC

- 0583

- C

. The trial court’s certification of the defendant’s right to appeal shows that the defendant does n ot have the right to appeal. See T EX

. R. A PP

. P. 25.2(a)(2). The Texas Rules of Appellate Procedure provide that an appeal must be dismissed if a certification showing that a defendant has a right of appeal is not made a part of the record. Id. R. 25.2( d); see id. R. 37.1, 44.3, 44.4. The purpose of the certification requirement is to efficiently sort appealable cases from non

appealable cases so that appealable cases can “move through the system unhindered2

while eliminating, at an early stage, the time and expense associated with non

appealable cases.” Greenwell v. Ct. of Apps. for the Thirteenth Jud. Dist. , 159 S.W.3d 645, 649 (Tex. Crim. App. 2005); see Hargesheimer v. State , 182 S.W.3d 906, 912 (Tex. Crim. App. 2006). Within thirty days of date of t his notice, appellant’s lead appellate counsel, Hon. Randall E. Pretzer , is hereby ORDERED to: 1) review the record; 2) determine whether appellant has a right to appeal; and 3) forward to this Court, by letter, counsel’s findings as to whether appellant has a rig ht to appeal and/or advise this Court as to the existence of any amended certification. If appellant’s counsel determines that appellant has a right to appeal, counsel is further ORDERED to file a motion with this Court within thirty days of this notice, identifying and explaining substantive reasons why appellant has a right to appeal. See T EX

. R. A PP

. P

. 44.3, 44.4; Dears v. State , 154 S.W.3d 610,
614

– 15 (Tex. Crim. App. 2005); see also, e.g., Carroll v. State , 119 S.W.3d 838, 841 (Tex. App.

— San Antonio 2003, no pet.) (certification form provided in appendix to appellate rules may be modified to reflect that defendant has right of appeal under circumstances not addressed by the form). The motion must include an analysis of the applicable case law, and a ny factual allegations therein must be true and supported by the record. See Dears , 154 S.W.3d at 614

– 15; c f. Woods v. State, 108 S.W.3d 314, 316 (Tex. Crim. App. 2003) (construing former appellate rule 25.2(b)(3) and holding that recitations in the notic e of appeal must be true and supported by the record). Copies of record documents necessary to evaluate the alleged error in the certification affecting appellant’s right to appeal shall be attached to the motion. See T EX

. R. A PP

. P. 10.1,
10.2.3 PER CURI AM

Do not publish. T EX

. R. A PP

. P. 47.2( b). Delivered and filed on the 26th day of July 2022

.
**Exhibit 31.2**I, Richard Pyle, Chief Financial Officer of Town Sports International Holdings, Inc., certify that:     1. I have reviewed this quarterly report on Form 10-Q of Town Sports International Holdings,Inc.;     2. Based on my knowledge, this quarterly report does not contain any untrue statement of amaterial fact 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 to the periodcovered by this quarterly report;     3. Based on my knowledge, the financial statements and other financial information included inthis quarterly report fairly present in all material respects the financial condition, results ofoperations and cash flows of the registrant as of, and for, the periods presented in this quarterlyreport;     4. The registrant’s other certifying officers and I are responsible for establishing andmaintaining disclosure controls and procedures (as defined in Exchange Act Rules 13a-15(e) and15d-15(e)) for the registrant and we have:     (a) Designed such disclosure controls and procedures, or caused such disclosure controls andprocedures to be designed under our supervision, to ensure that material information relating tothe registrant, including its consolidated subsidiaries, is made known to us by others withinthose entities, particularly during the period in which this quarterly report is being prepared;     (b) Evaluated the effectiveness of the registrant’s disclosure controls and procedures andpresented in this report our conclusions about the effectiveness of the disclosure controls andprocedures, as of the end of the period covered by this report based on such evaluation; and     (c) Disclosed in this report any change in the registrant’s internal control over financialreporting that occurred during the registrant’s most recent fiscal quarter that has materiallyaffected, or is reasonably likely to materially affect, the registrant’s internal control overfinancial reporting;     5. The registrant’s other certifying officers and I have disclosed, based on our most recentevaluation of internal control over financial reporting, to the registrant’s auditors and the auditcommittee of the registrant’s board of directors (or persons performing the equivalent function):     (a) All significant deficiencies and material weaknesses in the design or operation ofinternal control over financial reporting which are reasonably likely to adversely affect theregistrant’s ability to record, process, summarize and report financial information; and     (b) Any fraud, whether or not material, that involves management or other employees who havea significant role in the registrant’s internal control over financial reporting;         By: /s/ Richard Pyle       Richard Pyle      Chief Financial Officer  Date:May 7, 2007
30
Exhibit 31.1  Section 302 Certification of Chief Executive Officer and Chief Financial Officer    I, Paul Tidwell, certify that:  1. I have reviewed this quarterly report on Form 10-Q of Innocap, Inc.  2. Based on my knowledge, this quarterly report does not contain any untrue statement of a material fact or omit to state a material fact necessary to make the statements made, in light of the circumstances under which such statements were made, not misleading with respect to the period covered by this quarterly report;  3. Based on my knowledge, the financial statements, and other financial information included in this quarterly report, fairly present in all material respects the financial condition, results of operations and cash flows of the registrant as of, and for, the periods presented in this quarterly report;  4. I am responsible for establishing and maintaining disclosure controls and procedures (as defined in Exchange Act Rules 13a-15(e) and 15d-15(e)) for the registrant and have:  a) designed such disclosure controls and procedures to ensure that material information relating to the registrant, including its consolidated subsidiaries, is made known to me by others within those entities, particularly during the period in which this quarterly report is being prepared;  b) Evaluated the effectiveness of the registrants disclosure controls and procedures and presented in this report our conclusions about the effectiveness of the disclosure controls and procedures, as of the end of the period covered by this report based on such evaluation; and  c) Disclosed in this report any change in the registrant's internal control over financial reporting that occurred during the registrant's most recent fiscal quarter that has materially affected, or is reasonably likely to materially affect, the registrant's internal control over financial reporting.  5. I have disclosed, based on my most recent evaluation of internal control over financial reporting, to the registrants auditors and the audit committee of registrants board of directors (or persons performing the equivalent functions):  a) all significant deficiencies and material weaknesses in the design or operation of internal control over financial reporting which are reasonably likely to adversely affect the registrants ability to record, process, summarize and report financial information; and  b) any fraud, whether or not material, that involves management or other employees who have a significant role in the registrants internal control over financial reporting.    Date: June 27, 2011  /s/ Paul Tidwell Paul Tidwell Chief Executive Officer and Chief Financial Officer
HARBOR FEDERAL SAVINGS BANK
           SUPPLEMENTAL EXECUTIVE RETIREMENT AGREEMENT
                    FOR ROBERT A. WILLIAMS

                      ______________
                      1999 Amendment
                      ______________

     WHEREAS, Harbor Federal Savings Bank (the "Bank") has
entered into a Supplemental Executive Retirement Agreement (the
"Agreement") with Robert A. Williams (the "Executive"), and the
Bank's Board of Directors and the Executive have agreed to amend
the Agreement in the manner set forth herein.

    NOW, THEREFORE, the Agreement shall be amended a follows,
pursuant to Article XI thereof, effective May 24, 1999:

    1.  Article VI of the Agreement shall be amended by adding
the following paragraph at the end thereof as follows:

        Notwithstanding any provision of the Agreement to the
        contrary, the Executive may at any time irrevocably
        elect, on the form attached hereto as Exhibit "A" (the
        "Election Form"), to surrender all or part of his vested
        Benefits under the Agreement in consideration of
        receiving a deferred share award, of equivalent value,
        pursuant to the Harbor Federal Bancorp, Inc. 1999 Stock
        Incentive Plan.  In addition, the Executive may also
        irrevocably elect on the Election Form to cease to
        accrue future benefits under this Agreement and instead
        to accrue future deferred share awards under the Harbor
        Federal Bancorp, Inc. 1999 Stock Incentive Plan.

     WHEREFORE, the undersigned hereby execute this 1999
Amendment to the Agreement on May 24, 1999.

                               HARBOR FEDERAL SAVINGS BANK
Witnessed by:

/s/ Deborah A. Epps            By: /s/ J. Kemp Roche
-----------------------            --------------------------
                                   A director other than
                                   Robert A. Williams

                               EXECUTIVE

Witnessed by:

/s/ Deborah A. Epps                /s/ Robert A. Williams
-----------------------            -------------------------
                                   Robert A. Williams
ex4-4.htm


 


Exhibit 4.4


 


PROMISSORY NOTE


 


 



	
$145,000.00

	  	
July 10th, 2008







 


 


FOR VALUE RECEIVED, the undersigned Global Clean Energy, Inc., a Maryland corporation (“Maker”) promises to pay to the order of Clean Energy Funding, Inc. (“Lender”), at its principal office, or at such other place as may be designated in writing by the holders of this Promissory Note (“Note”), the principal sum of ONE HUNDRED FORTY FIVE THOUSAND 00/100 DOLLARS ($145,000.00) (the “Principal Sum”). The unpaid Principal Sum shall bear interest at 7.5% per annum and shall be due in twelve (12) months.


 


All payments to be made under this Note shall be payable in lawful money of the United States of America which shall be legal tender for public and private debts at the time of payment.


 


In the event that an action is instituted to collect this Note, or any portion thereof, Maker promises to pay all costs of collection, including but not limited to reasonable attorneys’ fees, court costs, and such other sums as the court may establish.


 


In the event of a default under this Note when due, then the holder of this Note, at its election, may declare the entire unpaid Principal Sum due and payable.


 


Every provision hereof is intended to be several. If any provision of this Note is determined, by a court of competent jurisdiction to be illegal, invalid or unenforceable, such illegality, invalidity or unenforceability shall not affect the other provisions hereof, which shall remain binding and enforceable.


 


This Note is made in the State of Texas and it is mutually agreed that Texas law shall apply to the interpretation of the terms and conditions of this Note.


 


All agreements between the holder of this Note and Maker are hereby expressly limited so that in no contingency or event whatsoever, whether by reason of deferment or acceleration of the maturity of this Note or otherwise, shall the rate of interest hereunder exceed the maximum permissible under applicable law with respect to the holder. If, from any circumstances whatsoever, the rate of interest resulting from the payment and/or accrual of any amount of interest hereunder, at any time that payment of interest is due and/or at any time that interest is accrued, shall exceed the limits prescribed by such applicable law, then the payment and/or accrual of such interest shall be reduced to that resulting from the maximum rate of interest permissible under such applicable law. This provision shall never be superseded or waived.


 


The makers, endorsers, and/or guarantors of this Note do hereby severally waive presentment, demand, protest and notices of protest, demand, dishonor and nonpayment.


 


IN WITNESS WHEREOF, this instrument is executed as of the date first hereinabove set forth.


 


 


GLOBAL CLEAN ENERGY, INC.


 


 


By:                                                       


Kenneth Adessky, 


C.F.O
Laura W. HUCKABEE (formerly Roberts), Plaintiff, v. John B. ROBERTS, Defendant, and State of North Carolina, Plaintiff, v. John B. Roberts, Defendant.

No. COA16-603

Court of Appeals of North Carolina.

Filed: February 21, 2017

REVERSED AND REMANDED.
TRUHAN v. WALSTON, et al.

No. 364P14-1.

Supreme Court of North Carolina.

June 10, 2015.

Ann C. Ochsner, Raleigh, for Walston, Susan P.

Bryan T. Simpson, Natalia K. Isenberg, Raleigh, for Truhan, Daniel, et al.

Timothy W. Wilson, Rocky Mount, for North Carolina Farm Bureau Mutual Insurance Company.

M. Greg Crumpler, Rocky Mount, for United Services Automobile Association.

Thomas H. Morris, Wilson, for Walston, Susan P., et al.

Donald E. Clark, Jr., Goldsboro, for Walston, David M.

James D. Secor, III, for Argonaut Great Central Insurance Company.

Donald J. Dunn, Goldsboro, for Truhan, Daniel Joseph.

Fred Baggett, for N.C. Association of Chiefs of Police.

*59Amy Y. Bason, General Counsel, for N.C. Association of County Commissioners.

Wanda M. Copley, County Attorney, Sharon J. Huffman, Assistant County Attorney, for New Hanover County.

Lowell L. Siler, Durham, for Durham County.

Angela I. Carmon, for City of Winston Salem.

R. Michael Cox, Pasquotank County Attorney, for Pasquotank County.

Debra Bechtel, for Catawba County.

Sam Shames, for Gaston County.

John F. Henning, Jr., Franklin, for Town of Franklin.

Wesley L. Deaton, for Lincoln County.

Huey B. Marshall, Bolivia, for Brunswick County.

Edmond W. Caldwell, Jr., Executive Vice President and General Counsel, for N.C. Sheriffs' Association.

Leon M. Killian, III, Raleigh, for Haywood County.

Chester M. Jones, Franklin, for Macon County.

**Opinion**

The following order has been entered on the motion filed on the 20th of October 2014 by Pasquotank County for leave to file Amicus Curiae Brief:

> "Motion Dismissed as moot by order of the Court in conference, this the 10th of June 2015."