alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
Exhibit 4.5

 

FORM 51-102F3

 

MATERIAL CHANGE REPORT

 

Item 1.                                                         Name and Address of Company

 

Neovasc Inc. (the “Company”)

13700 Mayfield Place, Suite 2135

Richmond, BC

V6V 2E4

 

Item 2.                                                         Date of Material Change

 

February 3, 2014

 

Item 3.                                                         News Release

 

A news release announcing this material change was issued February 3, 2014 and a copy has been filed on SEDAR.

 

Item 4.                                                         Summary of Material Changes

 

On February 3, 2014, the Company announced that a first-in-human implantation of its Tiara transcatheter mitral valve was successfully performed on January 30, 2014 by physicians at St. Paul’s Hospital in Vancouver, B.C.

 

Item 5.                                                         5.1 — Full Description of Material Change

 

On February 3, 2014, the Company announced that a first-in-human implantation of its Tiara transcatheter mitral valve was successfully performed on January 30, 2014 by physicians at St. Paul’s Hospital in Vancouver, B.C. The transapical procedure resulted in the elimination of mitral regurgitation (“MR”) and significantly improved heart function in the patient, without the need for cardiac bypass support and with no procedural complications.

 

The implantation was conducted by Dr. Anson Cheung, Professor of Surgery and Director of Cardiac Transplant, and Dr. John Webb, Director of Interventional Cardiology, at St. Paul’s Hospital. They were supported by Dr. Stefan Verheye, Senior Interventional Cardiologist at the Antwerp Cardiovascular Center / ZNA Middelheim, Belgium and Dr. Shmuel Banai, Medical Director of Neovasc and Director of Interventional Cardiology at Tel Aviv Medical Center, Israel.

 

Tiara is a self-expanding mitral bioprosthesis specifically designed to treat mitral valve regurgitation, a serious and poorly served condition that requires development of highly specialized devices to address the complex mitral anatomy. Significant mitral regurgitation can lead to heart failure and death. Conventional surgical treatments are only appropriate for approximately half of MR patients.

 

Tiara is implanted in the heart using a minimally-invasive, transcatheter approach and is designed to replace the diseased native mitral valve without the need for open heart surgery or use of a cardiac bypass machine.

 

5.2 — Disclosure for Restructuring Transactions

 

Not applicable.

 











 

Item 6.                                                         Reliance on subsection 7.1(2) of National Instrument 51-102

 

Not applicable.

 

Item 7.                                                         Omitted Information

 

Not applicable.

 

Item 8.                                                         Executive Officer

 

For further information, please contact Chris Clark, Chief Financial Officer of the Company, at 604-270-4344.

 

Item 9.                                                         Date of Report

 

February 14, 2014.
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Exhibit 32.1 - President Certification (Section 906)

                        CERTIFICATION PURSUANT TO
                         18 U.S.C. SECTION 1350,
                         AS ADOPTED PURSUANT TO
             SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002


I am the Chief Executive Officer and Chief Financial Officer of Northern
Empire Energy Corp., a Nevada corporation (the "Company").  I am delivering
this certificate in connection with the Form 10-Q of the Company for the
quarter ended March 31, 2009 and filed with the U. S. Securities and Exchange
Commission ("Form 10-Q").

Pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the
Sarbanes-Oxley Act of 2002, I hereby certify that, to the best of my knowledge,
the Form 10-Q fully complies with the requirements of Section 13(a) or
Section 15(d) of the Securities Exchange Act of 1934 and that the information
contained in the Form 10-Q fairly presents, in all material respects, the
financial condition and results of operations of the Company.

/s/ Jeffrey Cocks
------------------
    Jeffrey Cocks
    President/CFO


Date  May 5, 2009
      -----------


<PAGE>
UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF MICHIGAN

NORTHERN DIVISION

OMAR J. ODETTE,

Plaintiff,

Case Number 09-11484-BC

v. Honorable Thomas L. Ludington

COMMISSIONER OF SOCIAL SECURITY,

Defendant.

______________________________________ /

ORDER ADOPTING MAGISTRATE JUDGE’S REPORT AND RECOMMENDATION,

DENYING PLAINTIFF’S MOTION FOR SUMMARY JUDGMENT, GRANTING

DEFENDANT’S MOTION FOR SUMMARY JUDGMENT, AND DISMISSING

PLAINTIFF’S COMPLAINT WITH PREJUDICE

Magistrate Judge Mona K. Majzoub issued a report and recommendation [Dkt. # 13] on May

3, 2010, recommending that Plaintiff Omar J. Odette’s motion for summary judgment [Dkt. # 9] be

denied and that Defendant Commissioner of Social Security’s motion for summary judgment [Dkt.

# 12] be granted. The Magistrate Judge further recommended that Plaintiff’s complaint be

dismissed. Either party may serve and file written objections “[w]ithin fourteen days after being

served with a copy” of the report and recommendations. 28 U.S.C. § 636(b)(1). The district court

will make a “de novo determination of those portions of the report . . . to which objection is made.”

Id. Where, as here, neither party objects to the report, the district court is not obligated to

independently review the record. Thomas v. Arn, 474 U.S. 140, 149–52 (1985). 

Accordingly, it is ORDERED that the magistrate judge’s report and recommendation [Dkt.

# 13] is ADOPTED. 

It is further ORDERED that Plaintiff’s motion for summary judgment [Dkt. # 9] is

DENIED.
-2-

It is further ORDERED that Defendant’s motion for summary judgment [Dkt. # 12] is

GRANTED. 

It is further ORDERED that Plaintiff’s complaint is DISMISSED WITH PREJUDICE.

s/Thomas L. Ludington 

THOMAS L. LUDINGTON

United States District Judge

Dated: May 24, 2010

PROOF OF SERVICE

The undersigned certifies that a copy of the foregoing order was served

upon each attorney or party of record herein by electronic means or first

class U.S. mail on May 24, 2010.

s/Tracy A. Jacobs 

TRACY A. JACOBS
2:06-cr-20465-NGE-MKM Doc # 2519 Filed 12/04/13 Pg 1 of 1 Pg ID 18577
#### Phillip KELLER, Plaintiff-Appellant, v. Reed TREFZ and Patrick Hilger, Defendants-Appellees.

No. 03-1421.

United States Court of Appeals, Federal Circuit.

July 24, 2003.

Before RADER, GAJARSA, and LINN, Circuit Judges.

*ORDER*

RADER, Circuit Judge.

We sua sponte consider whether Phillip B. Keller’s appeal should be dismissed.

Keller sued two correctional officers for alleged civil rights violations in the United States District Court for the Western District of Wisconsin. The district court granted the defendants’ motion for summary judgment and entered judgment against Keller. Keller appealed to the United States Court of Appeals for the Seventh Circuit, which affirmed the district court’s judgment. Keller filed an appeal in the district court, seeking review here of the decision of the Seventh Circuit.

This court is a court of limited jurisdiction. *See*28 U.S.C. § 1295. We have no jurisdiction to review a decision of the Seventh Circuit. Further, we note that the district court denied Keller’s motion for leave to proceed in forma pauperis on appeal.

Accordingly,

*64IT IS ORDERED THAT:

This appeal is dismissed.
##### 



1.
    
    I have reviewed this quarterly report on Form 10-Q of Inter-Atlantic
Financial, Inc.;2.
    
    Based on my knowledge, this 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 report;3.
    
    Based on my knowledge, the financial statements, and other financial
information included in this 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
report;4.
    
    The registrants other certifying officer and I are 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:
    5.
    
    The registrants other certifying officer and I have disclosed, based
on our most recent evaluation of internal control over financial
reporting, to the registrants auditors and the audit committee of the
registrants board of directors (or persons performing the equivalent
functions):




---



##### 



/s/ Andrew S. LernerName:
    Andrew S. LernerTitle:
    Chief Executive Officer
I

104TH CONGRESS

2D SESSION H. R. 4086

To authorize the extension of nondiscriminatory treatment (most-favorednation treatment) to the products of Mongolia.

IN THE HOUSE OF REPRESENTATIVES

SEPTEMBER 17, 1996

Mr. BEREUTER (for himself, Mr. CRANE, Mr. GIBBONS, and Mr. BERMAN)

introduced the following bill; which was referred to the Committee on

Ways and Means

A BILL

To authorize the extension of nondiscriminatory treatment

(most-favored-nation treatment) to the products of Mongolia.

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

3 SECTION 1. CONGRESSIONAL FINDINGS.

4 The Congress finds that Mongolia—

5 (1) has received most-favored-nation treatment

6 since 1991 and has been found to be in full compli7 ance with the freedom of emigration requirements

8 under title IV of the Trade Act of 1974;

9 (2) has, since ending its nearly 70 years of de10 pendence on the former Soviet Union, made remark-
2

•HR 4086 IH

1 able progress in establishing a democratic political

2 system and creating a free-market economic system;

3 (3) has recently held its third elections under

4 its new constitution, resulting in a parliamentary

5 majority for the coalition of democratic opposition

6 parties and a peaceable transfer of power to the new

7 government;

8 (4) has concluded a bilateral trade treaty with

9 the United States in 1991, and a bilateral invest10 ment treaty in 1994;

11 (5) has acceded to the Agreement Establishing

12 the World Trade Organization, and extension of un13 conditional most-favored-nation treatment to the

14 products of Mongolia would enable the United States

15 to avail itself of all rights under the World Trade

16 Organization with respect to Mongolia; and

17 (6) has demonstrated a strong desire to build

18 friendly relationships and to cooperate fully with the

19 United States on trade matters.

20 SEC. 2. TERMINATION OF APPLICATION OF TITLE IV OF

21 THE TRADE ACT OF 1974 TO MONGOLIA.

22 (a) PRESIDENTIAL DETERMINATIONS AND EXTEN23 SIONS OF NONDISCRIMINATORY TREATMENT.—Notwith24 standing any provision of title IV of the Trade Act of 1974

25 (19 U.S.C. 2431 et seq.), the President may—
3

•HR 4086 IH

1 (1) determine that such title should no longer

2 apply to Mongolia; and

3 (2) after making a determination under para4 graph (1) with respect to Mongolia, proclaim the ex5 tension of nondiscriminatory treatment (most-fa6 vored-nation treatment) to the products of that

7 country.

8 (b) TERMINATION OF APPLICATION OF TITLE IV.—

9 On or after the effective date of the extension under sub10 section (a)(2) of nondiscriminatory treatment to the prod11 ucts of Mongolia, title IV of the Trade Act of 1974 shall

12 cease to apply to that country.

Æ
```

[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[H.R. 419 Reference Change Senate (RCS)]

  2d Session
                                H. R. 419

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                           December 19, 1995

 Received, read twice and referred to the Committee on Environment and 
                              Public Works

                             March 15, 1996

    Committee discharged; referred to the Committee on the Judiciary

_______________________________________________________________________

                                 AN ACT

 
              For the relief of Benchmark Rail Group, Inc.

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

SECTION 1. FINDING AND PURPOSE.

    (a) Finding.--The Congress finds that Benchmark Rail Group, Inc., 
of St. Louis, Missouri, satisfactorily performed emergency work after 
the Northridge earthquake, but has not been reimbursed as a result of a 
technicality under California State law.
    (b) Purpose.--The purpose of this Act is to fairly compensate 
Benchmark Rail Group, Inc., for the work for which, except for the 
technicality under California State law, it would otherwise have been 
paid under the provisions of the Robert T. Stafford Disaster Relief and 
Emergency Assistance Act (42 U.S.C. 5121).

SEC. 2. PAYMENT.

    (a) In General.--Not later than 30 days after the date of enactment 
of this Act, the director of the Federal Emergency Management Agency 
shall pay to Benchmark Rail Group, Inc., of St. Louis, Missouri, an 
amount equal to the total amount owed to Benchmark Rail Group, Inc., by 
the Federal Emergency Management Agency and the State of California to 
compensate Benchmark Rail Group, Inc., for the emergency work and 
services performed at the request of the Southern California Regional 
Rail Authority, to the extent that such work and services are otherwise 
eligible for reimbursement under the Robert T. Stafford Disaster and 
Emergency Assistance Act (42 U.S.C. 5121). The payment shall be made 
from funds appropriated to implement such Act.
    (b) Deobligation of Funds.--The Federal Emergency Management Agency 
shall deobligate an equal amount to that obligated previously for 
payment to the State of California to cover the costs of work performed 
for the Southern California Regional Rail Authority by Benchmark Rail 
Group, Inc., after the Northridge earthquake which would have been 
eligible for reimbursement under such Act.

            Passed the House of Representatives December 19, 1995.

            Attest:

                                                ROBIN H. CARLE,

                                                                 Clerk.
```
<partyblock><br><br><div align="center"><b><font size="+1">2776 Boulevard LLC, Petitioner-Landlord-Appellant,<br><br>against<br><br>SME Capital Ventures, Respondent-Tenant-Respondent.</font></b></div><br><br><p>Landlord appeals from an order of the Civil Court of the City of New York, New York County (Jack Stoller, J.), dated August 12, 2015, which awarded tenant attorneys' fees in the principal sum of $12,621 in a holdover summary proceeding.</p><p>Per Curiam.</p><p>Order (Jack Stoller, J.), dated August 12, 2015, modified to reduce tenant's recovery of attorneys' fees to the principal sum of $10,000; as modified, order affirmed, without costs.</p><p>Inasmuch as landlord failed to pursue a direct appeal from the orders of May 4, 2015 and May 15, 2015, which, respectively, dismissed the holdover petition and determined that tenant was entitled to attorneys' fees as the prevailing party, landlord's present challenge to those orders is not properly before us (<i>see Hecht v City of New York</i>, 60 NY2d 57, 61 [1983]; <i>Osorio v Kenart Realty, Inc</i>., 48 AD3d 650, 653-654 [2008]). </p><p>Viewing the evidence presented in light of all relevant factors (<i>see Matter of Freeman</i>, 34 NY2d 1, 9 [1974]), including the time and labor required, the difficulty of the questions involved, and the lawyer's experience ability and reputation, we find the amount of the fees awarded below was excessive to the extent indicated. In so concluding, we adopt the court's stated view that counsel's expenditures of time were somewhat "excessive" and "duplicative."</p><p>THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.</p><br>I concur I concur <p></p><div align="center"></div>Decision Date: September 30, 2016<br><br><div align="center"><form method="LINK" action="../../slipidx/at_1_idxtable.shtml"><input type="submit" value="Return to Decision List"></form></div></partyblock>
#### INSURANCE COMPANY OF NORTH AMERICA, Plaintiff/Appellant, v. ZIP MAIL SERVICES, Defendant/Respondent.

No. 69118.

Missouri Court of Appeals, Eastern District, Division Five.

Sept. 17, 1996.

William Fortenbury, St. Louis, for Plain-tif&Appellant.

Blumenfeld, Kaplan & Sandweiss, P.C., Alan G. Gerson, St. Louis, for Defendant/Respondent.

Before AHRENS, C.J., and CRANDALL and BLACKMAR, JJ.

*ORDER*

PER CURIAM.

Insurance Company of North America appeals from a judgment entered in accordance with a jury verdict in favor of its policyholder, Zip Mail Services, Inc. as to the amount of workers’ compensation insurance premiums owed. The evidence in support of a jury verdict is not insufficient; and no error of law appears. A written opinion would have no precedential value.

The judgment of the trial court is affirmed. Rule 84.16(b).
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Case 2:18-cr-00422-DJH Document 456-4 Filed 02/11/19 Page 2 of 4
Case 2:18-cr-00422-DJH Document 456-4 Filed 02/11/19 Page 3 of 4
Case 2:18-cr-00422-DJH Document 456-4 Filed 02/11/19 Page 4 of 4
* 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

June 26, 2007

Charles R. Fulbruge III

Clerk

IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

No. 06-60123

Summary Calendar

THOMAS JOHNSON,

Plaintiff-Appellant,

versus

MISSISSIPPI DEPARTMENT OF CORRECTIONS; ADRIENNE CROFT,

Correctional Officer Trainee Pin #0913; MARYLEN REECE, “Sho”

Chairperson,

Defendants-Appellees.

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

Appeal from the United States District Court

for the Northern District of Mississippi

USDC No. 4:05-CV-250

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

Before JOLLY, GARZA, and CLEMENT, Circuit Judges.

PER CURIAM:*

Thomas Johnson, Mississippi prisoner # K6003, appeals the

district court’s sua sponte dismissal of his in forma pauperis

civil rights complaint on the ground that he failed to exhaust

administrative remedies as required by 42 U.S.C. § 1997e(a). 

Johnson asserted in his complaint that he was prevented from

exhausting the Administrative Remedy Program steps by prison

officials’ failure to pick up his Step 2 grievance in a timely

fashion. In dismissing the complaint for failure to exhaust, the
No. 06-60123

-2-

district court relied on Johnson’s assertion that his

administrative appeal was denied as untimely without considering

Johnson’s stated reasons for such denial.

The Supreme Court recently held “that failure to exhaust is

an affirmative defense under the [Prison Litigation Reform Act],

and that inmates are not required to specifically plead or

demonstrate exhaustion in their complaints.” Jones v. Bock, 127

S. Ct. 910, 921 (2007). Accordingly, the district court’s

judgment is VACATED and the case is REMANDED for further

proceedings.
Exhibit 31.2
CERTIFICATION

I, Donald R. McKelvey, certify that:

     1.   I have reviewed this quarterly report on Form 10-QSB
of Skyview Holdings Corp.;

     2.   Based on my knowledge, this report does not contain any
untrue statements 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 report;

     3.   Based on my knowledge, the financial statements, and
other financial information included in this 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 report;

     4.   The small business issuer's other certifying officers
and I are responsible for establishing and maintaining disclosure
controls and procedures (as defined in Exchange Act Rules 13a-
15(e) and 15d-15(e)) for the small business issuer and have:

          (a)  Designed such disclosure controls and procedures,
or caused such disclosure controls and procedures to be designed
under our supervision, to ensure that material information
relating to the small business issuer, including its consolidated
subsidiaries, is made known to us by others within those
entities, particularly during the period in which this report is
being prepared;

          (b)  Evaluated the effectiveness of the small business
issuer'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 small
business issuer's internal control over financial reporting that
occurred during the small business issuer's most recent fiscal
quarter that has materially affected, or is reasonable likely to
materially affect, the small business issuer's internal control
over financial reporting; and

     5.   The small business issuer's other certifying officer(s)
and I have disclosed, based on our most recent evaluation of
internal control over financial reporting, to the small business
issuer'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 reasonable likely to adversely
affect the small business issuer'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
small business issuer's internal control over financial
reporting.


Dated:  May 15, 2007           By: /s/ Donald R. McKelvey
                               Donald R. McKelvey
                               Principal Financial Officer
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 of Printing Components Inc. (the "Company") on Form 10-Q for the period ended September 30, 2009 as filed with the Securities and Exchange Commission on the date here of (the "report"), I, Vinod Gandhi, 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:





(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 this Report fairly presents, in all material respects, the financial condition and results of operations of the Company.





Dated this 11th day of November, 2009.





VINOD GANDHI
Vinod Gandhi
Chief Financial Officer