alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
**Judgment of the Court of First Instance (Eighth Chamber) of 26 November 2008 – New Look v OHIM (NEW LOOK)**

**(Case T-435/07)**

Community trade mark – Application for the Community word mark NEW LOOK – Absolute ground for refusal – Lack of distinctive character acquired through use – Article 7(3) of Regulation (EC) No 40/94

Community trade mark – Definition and acquisition of the Community trade mark – Absolute grounds for refusal – Marks devoid of any distinctive character (Council Regulation No 40/94, Art. 7(3)) (see paras 18, 23-26)

**Re:**

| | |
| --- | --- |
| | ACTION against the decision of the Second Board of Appeal of OHIM of 3 September 2007 (Case R 670/2007-2) relating to the registration of the word sign NEW LOOK as a Community trade mark. |

**Information relating to the case**

| | |
| --- | --- |
| Applicant for the Community trade mark: | New Look Ltd |
| Community trade mark sought: | Word mark NEW LOOK for goods and services in Classes 3, 9, 14, 16, 18, 25, 26 and 35 – Application No 2932606 |
| Decision of the examiner: | Registration refused |
| Decision of the Board of Appeal: | Appeal dismissed |

**Operative part**

The Court:

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

| | | |
| --- | --- | --- |
| 2. | | Orders New Look Ltd to pay the costs. |
Exhibit
32.2




Certification
of Chief Financial Officer Pursuant to 18 U. S. C. Section 1350, as Adopted
Pursuant to Section 906 of the Sarbanes-Oxley Act of 2002




I,
Jonathan A. Graf, Chief Financial Officer of American Campus Communities, Inc.
(the “Company”), certify, pursuant to Section 906 of the Sarbanes-Oxley Act of
2002, 18 U.S.C. Section 1350, that:




(i) The
Quarterly Report on Form 10-Q of the Company for the quarter ended June 30, 2009
(the “Report”) fully complies with the requirements of Section 13(a) of the
Securities Exchange Act of 1934 (15 U.S.C. 78m); and




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


Dated:     August
      7, 2009
                      /s/
      Jonathan A. GrafJonathan
      A. GrafExecutive
      Vice President,Chief Financial Officer and
  Treasurer
I 

113TH CONGRESS 

2D SESSION H. R. 4406 

To amend title I of the Patient Protection and Affordable Care Act to 

impose restrictions on the risk corridor program. 

IN THE HOUSE OF REPRESENTATIVES 

APRIL 4, 2014 

Mr. LANCE introduced the following bill; which was referred to the Committee 

on Energy and Commerce 

A BILL 

To amend title I of the Patient Protection and Affordable 

Care Act to impose restrictions on the risk corridor program. 

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

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Taxpayer Bailout Pro5 tection Act’’. 

6 SEC. 2. RESTRICTIONS ON PPACA RISK CORRIDOR PRO7 GRAM. 

8 Section 1342(b) of the Patient Protection and Af9 fordable Care Act (42 U.S.C. 18062(b)) is amended— 


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2 

•HR 4406 IH

1 (1) in paragraph (1), by striking ‘‘The Sec2 retary’’ and inserting ‘‘Subject to paragraph (3), the 

3 Secretary’’; and 

4 (2) by adding at the end the following new 

5 paragraph: 

6 ‘‘(3) SAFEGUARD TO PROTECT TAXPAYERS.— 

7 ‘‘(A) IN GENERAL.—The Secretary shall 

8 ensure that the amount of payments to plans 

9 under paragraph (1) for a plan year beginning 

10 during calendar year 2014, 2015, or 2016 does 

11 not exceed the amount of payments to the Sec12 retary under paragraph (2) for such plan year. 

13 ‘‘(B) ADJUSTMENT TO PROTECT TAX14 PAYERS.—The Secretary shall proportionately 

15 decrease the amount of payments to plans 

16 under paragraph (1) in order to ensure that the 

17 requirement of subparagraph (A) is satisfied 

18 each year.’’. 

Æ 


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UMPQ-EX10.2-1stAmendtoSept2013Agmt-Eckhardt




Exhibit 10.2
FIRST AMENDMENT
TO
THE EMPLOYMENT AGREEMENT




This First Amendment (the “First Amendment”) to the Employment Agreement is made and entered into as of May 14, 2014, by and between Umpqua Holdings Corporation (“Umpqua”), and Ezra Eckhardt (the “Officer”).  Capitalized terms used herein that are not otherwise defined shall have the meaning attributed to such terms in the Employment Agreement, dated as of September 11, 2013, by and between Umpqua and Officer (the “Employment Agreement”).


WITNESSETH


WHEREAS, on or about September 11, 2013, Umpqua and Officer entered into the Employment Agreement setting forth the terms and conditions of Officer's employment with Umpqua.


WHEREAS, the merger between Umpqua Holdings Corporation and Sterling Financial Corporation closed on April 18, 2014, requiring that the original bonus calculation in the Employment Agreement be modified to ensure that Officer is entitled to bonus compensation for all periods of service during 2014. 


NOW, THEREFORE, the parties hereto agree as follows:


1.    Amendment to Section 5.1.  The Employment Agreement is hereby amended by replacing the third sentence in Section 5.1 with the following sentence:


Officer’s target annual bonus opportunity under the annual Executive Incentive Compensation Plan shall be no less than 60% of Officer’s annual Base Salary, provided that with respect to the fiscal year of Umpqua in which the Effective Date occurs, Officer’s annual bonus shall be pro-rated for the period between the first day of the month in which the Effective Date occurs and the last day of such fiscal year.


2.    No Implied Modification.  Except as specifically provided in this First Amendment, the terms of the Employment Agreement shall not be considered as modified, released, altered or affected, and shall remain in full force and effect unless specifically canceled or amended by an instrument in writing signed by Umpqua and Officer.


3.    Counterparts.  This First Amendment may be executed in counterparts, each of which shall be deemed an original, and all of which together will constitute one and the same instrument.











This First Amendment has been executed and delivered by Umpqua and Officer as of the date first set forth above.


UMPQUA HOLDINGS CORPORATION 






BY:/s/ Raymond P. Davis            
Raymond P. Davis, Chief Executive Officer 




OFFICER:




/s/ Ezra Eckhardt                 
Ezra Eckhardt


















































[SIGNATURE PAGE TO FIRST AMENDMENT TO THE
EMPLOYMENT AGREEMENT]
**FIRST
      AMENDMENT TO EMPLOYMENT AGREEMENT**





This
      FIRST AMENDMENT (this “ Amendment ”)
      to the
      EMPLOYMENT AGREEMENT, dated as of June 22, 2007, and effective as of May 11,
      2007 (the “ Agreement ”),
      by
      and between STEVEN S. MAGAMI, an individual residing in Los Angeles, California
      (the “ Employee ”),
      and
      PURE BIOFUELS CORP., a Nevada corporation (the “ Company ”)
      is
      effective as of September 12, 2007 (the “ Effective
      Date ”).
      Capitalized terms used but not defined herein have the meanings set forth in
      the
      Agreement unless the context otherwise requires.




WITNESSETH





WHEREAS,
      Section 6.01 of the Agreement sets forth the Base Salary of Employee as an
      amount equal to $100,000 per year; and





WHEREAS,
      the Company desires to increase the amount of such Base Salary to an amount
      equal to $200,000 as of the Effective Date.





NOW,
      THEREFORE, for good and valuable consideration, the sufficiency of which is
      hereby acknowledged, Company and Employee, intending to be legally bound hereby
      agree as follows:





1.  Base
      Salary .
      Section
      6. 01
      of the
      Agreement is amended by replacing “$100,000” with “$200,000” and such increased
      salary shall become effective as
      of the
      Effective Date .




2.  Approval
      of Board of Directors .
      This
      Amendment is conditioned upon approval of the Board of Directors of the
      Company.




3.  Governing
      Law .
      This
      Amendment shall be governed by and construed in accordance with the laws of
      the
      State of California.




4.  Counterparts .
      This
      Amendment may be executed in one or more counterparts, each of which shall
      be
      deemed an original and all of which combined shall constitute one and the same
      instrument. This Amendment shall be deemed effective upon each party’s receipt
      of a signed facsimile or electronic copy of this Amendment from the other party.




5.  Successors
      and Assigns .
      This
      Amendment shall inure to the benefit of, and be binding upon, the parties hereto
      and their respective successors and permitted assigns.




6.  Amendment .
      Except
      as otherwise amended hereby, all of the terms and provisions of the Agreement
      shall remain in full force and effect.







**IN
      WITNESS WHEREOF** ,
      the
      parties have caused this Amendment to be duly executed and delivered by their
      respective duly authorized officers and representatives as of the date first
      above written.




****
            ********
            PURE
                BIOFUELS CORP.By:
            /s/
              Luis
              GoyzuetaName:
              Luis GoyzuetaTitle:
                Chief Executive Officer




****
              ********
              STEVEN
                    S. MAGAMI/s/ Steven S. Magami




2
SMS STUDENT LOAN TRUST 1999-B


                              OFFICERS' CERTIFICATE

In accordance  with Section 3(a) of the  Administration  Agreement,  dated as of
February 1,  1999,among  SMS Student Loan Trust  1999-B,  a Delaware  trust (the
"Issuer"), USA Group Secondary Market Services, Inc., a Delaware corporation, as
administrator  (the  "Administrator"),  and Bankers  Trust  Company,  a New York
banking  corporation,  not in its  individual  capacity  but solely as Indenture
Trustee (the "Indenture Trustee"), the undersigned, in their official capacities
as Authorized  Officers,  on behalf of the Administrator,  hereby certify that a
review of the activities of the Administrator during the period from the closing
date to  September  30,  1999 and of its  performance  under the  Administration
Agreement has been made under our supervision, and to the best of our knowledge,
based on such review,  the Administrator has fulfilled all its obligations under
the Administration Agreement throughout such period.

Terms used herein and not  specifically  herein  defined  shall have the meaning
ascribed to them in the Administration Agreement.

In witness whereof, the undersigned, on behalf of the Administrator, have signed
their names as of September 30, 1999.


USA GROUP SECONDARY MARKET SERVICES, INC.,
Administrator



By: /s/ Stephen W. Clinton, President
Stephen W. Clinton, President



By:/s/ Cheryl E. Watson
Cheryl E. Watson, Vice President
##### 



EXHIBIT 10.12
 MakeMusic, Inc. Board Compensation Plan  Effective February 15, 2007
Amended January 31, 2008
 Cash Fee:
    
    Each non-employee director who is not otherwise being compensated by MakeMusic, Inc. shall
be paid a cash fee of $3,000 per calendar quarter for board membership. In addition, a
director serving as a chairperson of the board of directors or one or more committees of the
board of directors shall be paid an additional $2,000 per calendar quarter.Equity:
    
    Each eligible director shall receive a stock option grant as of the first business day of
each fiscal year. Eligible directors are non-employee directors who are (i) not otherwise
being compensated by MakeMusic, Inc. and (ii) not representatives of 5% or greater
shareholders. The terms of the stock option grant are as follows:
 
    
    non-qualified stock option to purchase 4,000 shares of common stock
    
    issued under the 2003 Equity Incentive Plan
    
    exercise price shall be the fair market value of common stock as of date of
grant
    
    4-year term
    
    shares vest ratably over twelve months
    
    in the event the directors service as a director terminates for any reason
or the director is no longer an eligible director, as defined by this plan,
vesting shall immediately terminate but the director shall be entitled to
exercise the option for any vested shares through the remaining term of the
option
 Stock option grant for each eligible director who joins the board after the
beginning of the fiscal year shall be the same as above except that for the first
calendar year the director joins the board, the option shall be for a
quantity of shares of common stock equal to a pro rata portion of the 4,000 shares the director
would have received if a director on the first business day of that fiscal year.
# Official Journal C 293/2011

| | ISSN 1977-091X
  doi:10.3000/1977091X.C_2011.293.eng |
| --- | --- |
| Official Journal
  of the European Union | C 293 |
| | |
| English edition | Information and Notices | Volume 545 October 2011 |

ISSN 1977-091X

doi:10.3000/1977091X.C_2011.293.eng

Official Journal

of the European Union

C 293

English edition

Information and Notices

Volume 545 October 2011

---

| Notice No | Contents | page |
| --- | --- | --- |
| | IV   Notices |
| | NOTICES FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES |
| | Council |
| 2011/C 293/01 | Financial Activity Report 2010 — Section II — European Council and Council | 1 |

Notice No

Contents

page

IV   Notices

NOTICES FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES

Council

2011/C 293/01

Financial Activity Report 2010 — Section II — European Council and Council

1

---

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

EN
Exhibit 31.1

CERTIFICATION

 

	I, Sarah Boothe, certify that:

	1.	I have reviewed this quarterly report on Form 10-QSB of Venus Beauty Supply, 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 respect the financial condition, results of operations and cash flows of the registrant as of, and for, the periods presented in this quarterly report.

4.	The registrant’s other certifying officers and I am responsible for establishing and maintaining disclosure controls and procedures (as defined in Exchange Act Rules 13a-14 and 15d-14) for the registrant and have:

designed such disclosure controls and procedures to ensure that material information relating to the registrant, including its consolidated subsidiaries, is made known to us by others within those entities, particularly during the period in which this quarterly report is being prepared;
evaluated the effectiveness of the registrant’s disclosure controls and procedures as of a date within 90 days prior to the filing date of this quarterly report (the "Evaluation Date"); and
presented in this quarterly report our conclusions about the effectiveness of the disclosure controls and procedures based on our evaluation as of the Evaluation Date;

	5. 	The registrant’s other certifying officers and I have disclosed, based on our most recent evaluation, 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 in the design or operation of internal controls which could adversely affect the registrant’s ability to record, process, summarize and report financial data and have identified for the registrant’s auditors any material weaknesses in internal controls; and

b) 	any fraud, whether or not material, that involves management or other employees who have a significant role in the registrant’s internal controls; and

6. 	The registrant’s other certifying officers and I have indicated in this quarterly report whether or not there were significant changes in internal controls or in other factors that could significantly affect internal controls subsequent to the date of our most recent evaluation, including any corrective actions with regard to significant deficiencies and material weaknesses.

March 29, 2005

 

						/s/ Sarah Boothe				
						Sarah Boothe, President

						(Chief Executive Officer and Financial Officer)
COURT OF APPEALS

EIGHTH DISTRICT OF TEXAS

EL PASO, TEXAS

IN RE: JENNIFER TRAHAN AND

ALTO TRAHAN,

 Relators.

§

§

§

§

 §

No. 08-08-00266-CV

AN ORIGINAL PROCEEDING

IN MANDAMUS

MEMORANDUM OPINION 

ON PETITION FOR WRIT OF MANDAMUS

Relators, Jennifer Trahan and Alto Trahan, ask this Court to issue a writ of mandamus

against the Honorable Maria Salas-Mendoza, Judge of the 120th District Court of El Paso County.

In order to be entitled to mandamus relief, a relator must meet two requirements. First, the relator

must show that the trial court clearly abused its discretion. In re Prudential Insurance Company of

America, 148 S.W.3d 124, 135 (Tex. 2004). Second, the relator must demonstrate he has no

adequate remedy by appeal. Id. at 136. Based on the record before us, we are unable to conclude

that Relators are entitled to mandamus relief. Accordingly, we deny mandamus relief. See

TEX.R.APP.P. 52.8(a).

October 2, 2008 

ANN CRAWFORD McCLURE, Justice

Before Chew, C.J., McClure, and Carr, JJ.

Chew, C.J., not participating
STATE v. RANDALL.

No. COA07-1470.

Court of Appeals of North Carolina.

Filed November 4, 2008.

Certification Date November 24, 2008.

Appeal from Durham (05CRS54382, 05CRS54384).

Case reported without published opinion. New Trial in part, No Error in part.
<PAGE>
 
                                                                     EXHIBIT 23
 
                         INDEPENDENT AUDITOR'S CONSENT
 
  We consent to the incorporation by reference in Registration Statements Nos.
33-90820 and 33-90822 of PennFed Financial Services, Inc. on Form S-8 and
Registration Statement No. 333-20499 of PennFed Financial Services, Inc. on
Form S-3, of our report dated July 31, 1997, appearing in this Annual Report on
Form 10-K of PennFed Financial Services, Inc. for the year ended June 30,
1997.
 
Deloitte & Touche LLP
 
Parsippany, New Jersey
September 24, 1997
Exhibit 11.1

                       BROADVISION, INC. AND SUBSIDIARIES

               STATEMENT REGARDING COMPUTATION OF PER SHARE LOSS
                     (in thousands, except per share data)


                                                 Year Ended December 31,
                                           -------------------------------- 
                                             1997        1996        1995
                                           --------    --------    -------- 
Statement of operations data:
   Net Loss ............................   $ (7,373)   $(10,145)   $ (4,318)
                                           ========    ========    ======== 
Weighted average number of common shares
 used in computations ..................     20,208      18,815      11,976
Net loss per share .....................   $  (0.36)   $  (0.54)   $  (0.36)
                                           ========    ========    ========
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 amended Annual Report of Nevsun Resources Ltd. (the Company) on Form 40-F for the year ended December 31, 2008 as filed with the Securities and Exchange Commission on the date hereof (the Report), I, Peter Hardie, the Chief Financial Officer of the Company, certify, pursuant to 18 U.S.C. §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; 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/ Peter Hardie

Peter Hardie

Chief Financial Officer



March 25, 2009
ROCK v. EXECUTIVE OFFICE PARK OF DURHAM ASSOCIATION, INC.

428P17-1

Supreme Court of North Carolina.

December 21, 2017

*147Martin E. Rock, for Rock, Martin E.

J. Matthew Waters, Attorney at Law, Hope Derby Carmichael, Attorney at Law, Raleigh, for Executive Office Park of Durham Association, Inc.

The following order has been entered on the motion filed on the 21st of December 2017 by Respondent to Reconsider:

"Motion Denied by order of the Court in conference, this the 21st of December 2017."
# Official Journal C 244A/22 J

| | ISSN 1977-091X |
| --- | --- |
| Official Journal
  of the European Union | C 244A |
| | |
| English edition | Information and Notices | Volume 6422 June 2021 |

ISSN 1977-091X

Official Journal

of the European Union

C 244A

English edition

Information and Notices

Volume 6422 June 2021

---

| Contents | page |
| --- | --- |
| | V   Announcements |
| | ADMINISTRATIVE PROCEDURES |
| | European ParliamentCouncilEuropean Commission |
| 2021/C 244 A/01 | Recruitment notice EUPP/2/S – Director of the Authority for European Political Parties and European Political Foundations in the sense of Article 6(3) of Regulation (EU, Euratom) No 1141/2014 (Function group AD, grade 12) – Temporary Staff member | 1 |

Contents

page

V   Announcements

ADMINISTRATIVE PROCEDURES

European ParliamentCouncilEuropean Commission

2021/C 244 A/01

Recruitment notice EUPP/2/S – Director of the Authority for European Political Parties and European Political Foundations in the sense of Article 6(3) of Regulation (EU, Euratom) No 1141/2014 (Function group AD, grade 12) – Temporary Staff member

1

---

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

EN
11TH COURT OF APPEALS

EASTLAND, TEXAS

JUDGMENT

In the interest of J.M.H., a child, * From the 106th District Court

of Dawson County,

Trial Court No. 17-07-20045.

No. 11-19-00061-CV * September 25, 2020

* Memorandum Opinion by Bailey, C.J.

(Panel consists of: Bailey, C.J.,

Stretcher, J., and Wright, S.C.J.,

sitting by assignment)

(Willson, J., not participating)

This court has inspected the record in this cause and concludes that there is no 

error in the order below. Therefore, in accordance with this court’s opinion, the 

order of the trial court is in all things affirmed. The costs incurred by reason of 

this appeal are taxed one-half against the child’s mother and one-half against the 

child’s father.
I 

113TH CONGRESS 

2D SESSION H. R. 4130 

To amend the Internal Revenue Code of 1986 to encourage mixed-income 

housing development. 

IN THE HOUSE OF REPRESENTATIVES 

FEBRUARY 28, 2014 

Mr. JEFFRIES introduced the following bill; which was referred to the 

Committee on Ways and Means 

A BILL 

To amend the Internal Revenue Code of 1986 to encourage 

mixed-income housing development. 

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

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Low and Moderate 

5 Income Housing Act of 2014’’. 

6 SEC. 2. MIXED-INCOME HOUSING TEST FOR LOW-INCOME 

7 HOUSING CREDIT. 

8 (a) IN GENERAL.—Subparagraph (B) of section 

9 42(g)(1) of the Internal Revenue Code of 1986 is amended 

10 to read as follows: 


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2 

•HR 4130 IH

1 ‘‘(B) 50–50–120 TEST.—The project 

2 meets the requirements of this subparagraph if 

3 50 percent or more of the residential units in 

4 such project are both rent-restricted and occu5 pied by individuals whose income is at least 50 

6 percent, but not more than 120 percent, of area 

7 median gross income.’’. 

8 (b) EFFECTIVE DATE.—The amendments made by 

9 this section shall apply to determinations under section 42 

10 of the Internal Revenue Code of 1986 with respect to 

11 housing credit dollar amounts allocated from State hous12 ing credit ceilings after the date of the enactment of this 

13 Act. 

Æ 


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