alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
<PAGE>
 
                                                                      Exhibit 24

                               Powers of Attorney

       KNOW ALL PERSONS BY THESE PRESENTS, that each person whose signature
appears below hereby constitutes and appoints Susan L. Critzer as his true and
lawful attorney-in-fact and agent, with full power of substitution and
resubstitution for him and in his name, place and stead, in any and all
capacities, to sign the Annual Report on Form 10-K of Integ Incorporated for the
fiscal year ended December 31, 1998 and all amendments to such Annual Report on
Form 10-K, and to file the same, with all exhibits thereto, and other documents
in connection therewith, with the Securities and Exchange Commission, granting
unto said attorney-in-fact and agent full power and authority to do and perform
each and every act and thing requisite or necessary to be done in and about the
premises, as fully to all intents and purposes as he might or could do in
person, hereby ratifying and confirming all that said attorney-in-fact and
agent, or his substitute, may lawfully do or cause to be done by virtue hereof.

         Signatures                      Position                 Date
-------------------------------------------------------------------------------


/s/ Mark B. Knudson, Ph.D      
-------------------------------
Mark B. Knudson,Ph.D               Chairman of the Board      March 25, 1999



/s/ Frank B. Bennett               
-------------------------------
Frank B. Bennett                   Director                   March 25, 1999

/s/ Terrance G. McGuire            
-------------------------------
Terrance G. McGuire                Director                   March 25, 1999

/s/ Robert R. Momsen               
-------------------------------
Robert R. Momsen                   Director                   March 25, 1999

/s/ Robert S. Nickoloff               
-------------------------------
Robert S. Nickoloff                Director                   March 25, 1999

/s/ Walter L. Sembrowich, Ph.D 
-------------------------------
Walter L. Sembrowich, Ph.D         Director                   March 25, 1999

/s/ Winston R. Wallin          
-------------------------------
Winston R. Wallin                  Director                   March 25, 1999
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 Annual Report of Freedom Resources Enterprises, Inc. (the Company) on Form 10-KSB/A for the period ended December 31, 2003 as filed with the Securities and Exchange Commission on the date hereof (the Report), I, Neil Christiansen, Chief Executive Officer and Chief Financial Officer of the Company, certify, pursuant to 18 U.S.C. section 1350, as adopted pursuant to section 906 of the Sarbanes-Oxley Act of 2002, that to the best of my knowledge:



(1) The Report fully complies with the requirements of section 13(a) or 15(d) of the Securities Exchange Act of 1934; and



(2) The information contained in the Report fairly presents, in all material respects, the financial condition and result of operations of the Company.









Date: September 21, 2005

/s/ Neil Christiansen

Neil Christiansen

Chief Executive Officer

Chief Financial Officer
CERTIFICATE
      OF AMENDMENT OF


AMENDED
      AND RESTATED


CERTIFICATE
      OF INCORPORATION OF


BROADVISION,
      INC.




BroadVision,
      Inc., a
      corporation organized and existing under and by virtue of the General
      Corporation Law of the State of Delaware (the "Corporation"), does hereby
      certify :




First: The name
      of the Corporation is BroadVision, Inc.




Second:
      The date on which the Certificate of Incorporation of the Corporation was
      originally filed with the Secretary of State of the State of Delaware is May
      13,
      1993.




Third: The
      Board of Directors of the Corporation, acting in accordance with the provisions
      of Sections 141 and 242 of the General Corporation Law of the State of
      Delaware, adopted resolutions amending its Amended and Restated Certificate
      of
      Incorporation as follows:




1.  The
      first
      paragraph of Article IV shall be amended and restated to read in its
      entirety as follows:




"IV .




A.  This
      corporation is authorized to issue two classes of stock to be designated,
      respectively, "Common Stock" and "Preferred Stock." The total number of shares
      of all classes of stock which the corporation has the authority to issue is
      Two
      Hundred Eighty-One Million (281,000,000) shares, consisting of two classes:
      Two
      Hundred Eighty Million (280,000,000) shares of Common Stock, $0.0001 par value
      per share, and One Million (1,000,000) shares of Preferred Stock, $0.0001 par
      value per share."




2.  Paragraph
      B.(2) of Article V shall be amended and restated to read in its entirety as
      follows:




"(2)  No
      action
      shall be taken by the stockholders of the corporation except at an annual or
      special meeting of stockholders called in accordance with the Bylaws or by
      written consent in accordance with the Bylaws."




Fourth: Therea fter
      pursuant to a resolution of the Board of Directors, this Certificate of
      Amendment was submitted to the stockholders of the Corporation for their
      approval, and was duly adopted in accordance with the provisions of
      Section 242 of the General Corporation Law of the State of
      Delaware.





In
      Witness Whereof, BroadVision, Inc. has caused this Certificate of Amendment of Amended and
      Restated Certificate of Incorporation to be signed by its President and Chief
      Executive Officer this 7 th day of
      February, 2007.




BroadVision,
      Inc.





By:  /s/   *Pehong
      Chen*


Pehong
      Chen,


President
      and Chief Executive Officer
JUDGMENT OF THE CIVIL SERVICE TRIBUNAL (Second Chamber)

13 December 2007

Case F-108/06

**Tamara Diomede Basili**

**v**

**Commission of the European Communities**

(Civil service – Officials – Assessment – Career development report – 2004 appraisal – Action for annulment – Staff representatives – Opinion of the ad hoc group)

**Application:**brought under Articles 236 EC and 152 EA, in which Mrs Diomede Basili seeks annulment of her career development report for
the period from 1 January to 31 December 2004.

**Held:**The action is dismissed. Each party is ordered to bear its own costs.

**Summary**

1.      *Officials – Reports procedure – Career development report – Drawing up – Officials with staff representation duties*

*(Staff Regulations, Annex II, Art. 1, sixth para.)*

2.      *Officials – Reports procedure – Career development report – Drawing up*

1.      Although, under Article 6(3)(c) of the General Provisions for Implementing Article 43 of the Staff Regulations, adopted by
the Commission, reporting officers and countersigning officers are required to consult the ad hoc group and take account of
its opinion when drawing up the career development report of an official performing staff representation activities, they
are not obliged to follow that opinion. If they do not, they must then explain the reasons which led them to depart from it.

Moreover, it does not follow from any provision of the Staff Regulations or the General Implementing Provisions that the obligation
for the reporting officer and the countersigning officer to take account of the opinion of the ad hoc group requires them
to award an official special points in addition to those intended to assess the work he has done in his post.

Nor is such a requirement implied by the last paragraph of Article 1 of Annex II to the Staff Regulations, which states that
the fact of performing the duties of a staff representative is not to be prejudicial to the official concerned.

(see paras 37-38, 47)

See:

T-43/04 *Fardoom and Reinard* v *Commission* [2005] ECR‐SC I‐A‐329 and II‐1465, para. 87; T-95/04 *Lavagnoli* v *Commission* [2006] ECR-SC I-A-2-121 and II-A-2-569, para. 84

2.      The rules of the General Provisions for Implementing Article 43 of the Staff Regulations, adopted by the Commission, concerning
the division of powers in the performance of the duties of reporting officer, countersigning officer and appeal assessor respectively
constitute internal organisational rules within an institution. A deviation from those rules cannot render void an act done
by the administration unless such deviation involves the possibility of adversely affecting one of the guarantees given to
officials by the Staff Regulations or the principles of good administration in staff management.

(see para. 61)

See:

46/72 *De Greef* v *Commission* [1973] ECR 543, para. 18; 49/72 *Drescig* v *Commission* [1973] ECR 565, para. 10

T-118/04 and T-134/04 *Caló* v *Commission* [2007] ECR-SC I‐A‐2-0000 and II‐A‐2‐0000, paras 67 and 68
**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 Quarterly Report of Triangle Petroleum Corporation (the
      "Company") on Form 10-Q for the period ending October 31, 2007, as filed with
      the Securities and Exchange Commission on the date hereof (the "Report"), I,
      Mark Gustafson, Principal Executive Officer of the Company, certify, pursuant
      to
      18 U.S.C. 1350, as adopted pursuant to 906 of the Sarbanes-Oxley Act of 2002,
      to
      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;
                and





(2)
            The
                information contained in the Report fairly presents, in all material
                respects, the financial condition and result of operations of the
                Company.





A
      signed
      original of this written statement required by Section 906 has been provided
      to
      Triangle Petroleum Corporation and will be retained by Triangle Petroleum
      Corporation and furnished to the Securities and Exchange Commission or its
      staff
      upon request.




/s/
                MARK
                GUSTAFSONMark
                GustafsonPresident
                (Principal Executive Officer)December 11, 2007
<PAGE>
INSERT E:

EXHIBIT 99.1

         CERTIFICATION BY CHIEF EXECUTIVE OFFICER 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 of Applix, Inc. (the
"Company") for the period ended June 30, 2001 as originally filed with the
Securities and Exchange Commission on August 13, 2001 and as amended on the date
hereof (the "Report"), the undersigned, David C. Mahoney, Chief Executive
Officer of the Company hereby certifies, pursuant to 18 U.S.C. Section 1350,
that:

     (1)  the Report fully complies with the requirements of Section 13(a) or
15(d) of the Securities Exchange Act of 1934; and

     (2) the information contained in the Report fairly presents, in all
material respects, the financial condition and results of operations of the
Company.

                                        /s/ David C. Mahoney
                                        ---------------------------------
                                        David C. Mahoney
                                        Chief Executive Officer


Dated: May 19, 2003









A signed original of this written statement required by Section 906 has been
provided to Applix, Inc. and will be retained by Applix, Inc. and furnished to
the Securities and Exchange Commission or its staff upon request.
# C_2008260EN.01001902.xml

| 11.10.2008 | EN | Official Journal of the European Union | C 260/19 |
| --- | --- | --- | --- |

11.10.2008

EN

Official Journal of the European Union

C 260/19

---

Judgment of the Civil Service Tribunal (Third Chamber) of 10 July 2008 — Cathy Sapara v Eurojust

(Case F-61/06) (1)

1

(Staff cases - Members of the temporary staff - Recruitment - Probationary period - Extension of probationary period - Dismissal at the end of the probationary period - Obligation to state the reasons on which the decision is based - Rights of the defence - Manifest error of assessment - Psychological harassment)

(2008/C 260/35)

Language of the case: English

Parties

Applicant: Cathy Sapara (The Hague, Netherlands) (represented by: G. Vandersanden and C. Ronzi, lawyers)

Applicant:

Defendant: Eurojust (represented by: L. Defalque, lawyer)

Defendant:

Re:

Staff case — First, annulment of the decision by EUROJUST of 6 July 2005 terminating her applicant's temporary agent contract at the end of her probationary period and, secondly, a claim for damages.

Operative part of the judgment

The Tribunal:

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

1.

Dismisses the action.

| 2. | Orders each party to bear its own costs. |
| --- | --- |

2.

Orders each party to bear its own costs.

---

(1)  OJ C 165, 15.7.2006, p. 35.

1

---
# Official Journal C 249/7 Oc

| | ISSN 1725-2423 |
| --- | --- |
| Official Journal
  of the European Union | C 249 |
| | |
| English edition | Information and Notices | Volume 487 October 2005 |

ISSN 1725-2423

Official Journal

of the European Union

C 249

English edition

Information and Notices

Volume 487 October 2005

---

| Notice No | Contents | page |
| --- | --- | --- |
| | I   Information |
| | Court of Auditors |
| 2005/C 249/1 | Special report No 2/2005 concerning EDF budget aid to ACP countries: the Commission's management of the public finance reform aspect, together with the Commission's replies | 1 |
| 2005/C 249/2 | Opinion No 7/2005 on a draft Commission Regulation amending Regulation (EC) No 1653/2004 as regards the post of accounting officers of executive agencies | 38 |

Notice No

Contents

page

I   Information

Court of Auditors

2005/C 249/1

Special report No 2/2005 concerning EDF budget aid to ACP countries: the Commission's management of the public finance reform aspect, together with the Commission's replies

1

2005/C 249/2

Opinion No 7/2005 on a draft Commission Regulation amending Regulation (EC) No 1653/2004 as regards the post of accounting officers of executive agencies

38

---

| EN | |
| --- | --- |

EN
##### 



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 quarterly report of Town
Sports International Holdings, Inc. (the Company) on
Form 10-Q for the period ending June 30, 2004 filed
with the Securities and Exchange Commission on the date hereof
(the Report), I, Robert Giardina, Chief
Executive Officer of the Company, certify, pursuant to
18 U.S.C. §1350, as adopted pursuant to 906 of the
Sarbanes-Oxley Act of 2002, that to my knowledge:



| |                                                                                                                                                                   
| | ------------------------------------------------------------------------------------------------------------------------------------------------------------------
| | (1) The Report fully complies with the
    requirements of section 13(a) or 15(d) of the Securities
    Exchange Act of 1934; and                                 
|
| | (2) The information contained in the Report
    fairly represents, in all material respects, the financial
    conditions and result of operations of the Company.



| |                                         
| | ----------------------------------------
| | /s/ ROBERT GIARDINA                     
| |                                         
| | Town Sports International Holdings, Inc.
| | Chief Executive Officer                 

August 16, 2004
---

---

EXHIBIT 14.2

| |                           
| | --------------------------
|
|
|
|
| | Grant Thornton Argentina  
| | Av. Corrientes 327 piso 3°
| | C1043AAD - Buenos Aires   
| | Argentina                 
| | T (54 11) 4105 0000       
| | F (54 11) 4105 0100       
| | E post@gtar.com.ar        
| | www.gtar.com.ar           

# CONSENT OF INDEPENDENT REGISTERED PUBLIC ACCOUNTING FIRM

We have issued our report dated March
30, 2009, accompanying the financial statements of Pointer Localizacion y Asistencia S.A.
included in the Annual Report of Pointer Telocation Ltd. on Form 20-F for the year ended
December 31, 2008, filed with the Securities and Exchange Commission. We hereby consent to
the incorporation by reference of said report and to the use of our name as it appears
under the caption of Experts in the Registration Statement Form F-3 (No.
333-111019, 333-119998, 333-126257, 333-143399) of Pointer Telocation Ltd. and on Form S-8
(No. 333-118897, 333-113420, 333-141306 and 333-139717) pertaining to the Employees
Stock Option Plan of Pointer Telocation Ltd.

/s/ Grant Thornton
Argentina S.C.

Buenos Aires, ArgentinaMarch 30, 2009



---

---
Exhibit 32.0  CERTIFICATION
PURSUANT TO
18 U.S.C. 1350,
AS ADOPTED 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, 2008 (the Report)
of TF Financial Corporation (the Company) as filed with the Securities and
Exchange Commission, we, Kent C. Lufkin, President and Chief Executive Officer,
and Dennis R. Stewart, Executive Vice President and Chief Financial Officer
(Principal Accounting Officer), hereby certify, pursuant to 18 U.S.C. 1350, as
adopted pursuant to 906 of the Sarbanes-Oxley Act of 2002, that:  (1)           The
Report fully complies with the requirements of Section 13(a) of the
Securities Exchange Act of 1934; and  (2)           The
information contained in the Report fairly presents, in all material respects,
the financial condition and results of operations of the Company.  /s/ KENT C. LUFKIN
  
  /s/ DENNIS R. STEWARTKent C. Lufkin
  
  Dennis R. StewartPresident and Chief
  Executive Officer
  
  Executive Vice
  President and Chief Financial OfficerMarch 30, 2009
  
  March 30, 2009
* 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.

IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

No. 07-40684

Conference Calendar

UNITED STATES OF AMERICA

Plaintiff-Appellee

v.

JUAN AREVALO-SANCHEZ, also known as Javier Cuevas-Karr

Defendant-Appellant

Appeal from the United States District Court

for the Southern District of Texas

USDC No. 1:05-CR-864-1

Before KING, BARKSDALE, and OWEN, Circuit Judges.

PER CURIAM:*

Juan Arevalo-Sanchez pleaded guilty to being an alien unlawfully found

in the United States after deportation and following a conviction for an

aggravated felony. See 8 U.S.C. § 1326(a), (b). On resentencing, the district

court sentenced him to a 30-month term of imprisonment. 

Arevalo-Sanchez argues that the district court erred in increasing his

guidelines offense level by eight levels under U.S.S.G. § 2L1.2(b)(1)(C). He

United States Court of Appeals

Fifth Circuit

F I L E D

October 21, 2008

Charles R. Fulbruge III

Clerk
No. 07-40684

2

argues that the district court erred in treating his second state conviction for

simple possession of cocaine as an aggravated felony because the State did not

plead and prove that he was a recidivist when it obtained the conviction, as is

required under 21 U.S.C. §§ 844(a), 851. He argues that he was deprived of

notice and proof of the prior conviction and of the opportunity to challenge the

fact, finality, and validity of the prior conviction.

Lopez v. Gonzales, 549 U.S. 47, 127 S. Ct. 625, 633 (2006), has not altered

our holding in United States v. Sanchez-Villalobos, 412 F.3d 572 (5th Cir. 2005),

that a second state conviction for simple possession qualifies as an aggravated

felony sufficient to support the imposition of the eight-level enhancement under

§ 2L1.2(b)(1)(C). UnitedStates v. Cepeda-Rios, 530 F.3d 333, 335 (5th Cir. 2008).

A failure to comply with the procedural requirements of § 851(a) in obtaining the

second drug possession conviction does not prohibit the district court from

enhancing a sentence on this basis. See id. at 336 n.11.

Although Arevalo-Sanchez argues that his second state offense did not

qualify as an aggravated felony because he was not given the opportunity to

challenge the fact, finality, and validity of the prior conviction, he provided no

basis in the district court either at the original sentencing hearing or on

resentencing, and provides no basis on appeal, for challenging the fact, finality,

or validity of the prior conviction. See Cepeda-Rios, 530 F.3d at 336 n.11 (noting

that Cepeda-Rios “had the opportunity to object to the finality of his first state

possession conviction at his federal sentencing hearing, but he did not do so”).

AFFIRMED.
See TEX. R. APP. P. 52.8(d) (“W hen denying relief, the court may hand down an opinion but is not 1

required to do so.”); TEX. R. APP. P. 47.4 (distinguishing opinions and memorandum opinions).

NUMBER 13-08-00578-CV

COURT OF APPEALS

THIRTEENTH DISTRICT OF TEXAS

CORPUS CHRISTI - EDINBURG

IN RE: BILLY HOLMES A/K/A BILLY RICHARDS

On Petition for Writ of Mandamus.

MEMORANDUM OPINION

Before Chief Justice Valdez and Justices Rodriguez and Benavides

Per Curiam Memorandum Opinion1

Relator, Billy Holmes a/k/a Billy Richards, filed a petition for writ of mandamus in the

above cause on October 8, 2008, asking us to direct the trial court to file his pleadings.

The Court, having examined and fully considered the petition for writ of mandamus, is of

the opinion that relator has not shown himself entitled to the relief sought. It is the relator's

burden to provide this Court with a sufficient record to establish his right to mandamus

relief. See Walker v. Packer, 827 S.W.2d 833, 837 (Tex. 1992) (orig. proceeding); In re

Blakeney, 254 S.W.3d 659, 660 (Tex. App.–Texarkana 2008, orig. proceeding). The
2

petition generally fails to comply with Texas Rule of Appellate Procedure 52.3 and fails to

include either an appendix or a record. See generally TEX. R. APP. P. 52.3(j)(1), 52.7.

Accordingly, the petition for writ of mandamus is DENIED. See id. 52.8(a). 

PER CURIAM

Memorandum Opinion delivered and

filed this 9th day of October, 2008.
In the Matter of: Z.R.

No. COA16-204

Court of Appeals of North Carolina.

Filed: October 4, 2016

REVERSED.