alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
exv4w2



 





CERTIFICATE OF AMENDMENT

OF

RESTATED CERTIFICATE OF INCORPORATION

OF

IDENIX PHARMACEUTICALS, INC.




     Idenix Pharmaceuticals, Inc. (the “Corporation”), organized and existing under and by virtue
of the General Corporation Law of the State of Delaware, does hereby certify as follows:



     The Board of Directors of the Corporation duly adopted at a meeting duly called, pursuant to
Section 242 of the General Corporation Law of the State of Delaware, resolutions setting forth an
amendment to the Restated Certificate of Incorporation of the Corporation, as amended, and
declaring said amendment to be advisable. The stockholders of the Corporation duly approved said
proposed amendment the Corporation’s 2007 annual meeting of stockholders in accordance with
Sections 242 of the General Corporation Law of the State of Delaware. The resolutions setting forth
the amendment are as follows:



	 	 	 
	     RESOLVED:

	 	That the first sentence of Article Fourth of the Restated Certificate of
Incorporation of the Corporation be and hereby is deleted in its entirety and
the following new first sentence of Article Fourth be inserted in lieu thereof:
	 
	 	 
	 

	 	“FOURTH: The total number of shares of all classes of stock which
the Corporation shall have authority to issue is 125,000,000 shares
of Common Stock, $.001 par value per share (“Common Stock”).”






     IN WITNESS WHEREOF, the Corporation has caused this Certificate of Amendment to be signed by
its Chairman, Chief Executive Officer and President this 1st day of June, 2007.



	 	 	 	 	 
	 	IDENIX PHARMACEUTICALS, INC.

 	 
	 	By:  	/s/ Jean-Pierre Sommadossi
 	 
	 	 	Jean-Pierre Sommadossi 	 
	 	 	Chairman, Chief Executive
Officer and President
**Exhibit 32****SECTION 1350 CERTIFICATIONS**In connection with the Annual Report of Bancorp of New Jersey, Inc. (the “Company”) on Form 10-Kfor the period ending December 31, 2007 as filed with the Securities and Exchange Commission on thedate hereof (the “Report”), the undersigned certify, pursuant to 18 U.S.C. 1350, as adoptedpursuant 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 theSecurities and Exchange Act of 1934; and     2. The information contained in the Report fairly presents, in all material respects, thefinancial condition and results of operations of the Company.                                                               /s/ Albert F. Buzzetti   Albert F. Buzzetti   President and Chief Executive Officer                                                                      /s/ Michael Lesler   Michael Lesler   Executive Vice President
Document Headings

                    Document headings vary by document type but may contain                    the following:                  
                -                       the agency or agencies that issued and signed a document                    
                -                       the number of the CFR title and the number of each part                      the document amends, proposes to amend, or is directly                      related to                    
                -                       the agency docket number / agency internal file number                    
                -                       the RIN which identifies each regulatory action listed in                      the Unified Agenda of Federal Regulatory and Deregulatory                      Actions                    

                    See the                                          Document Drafting Handbook                                        for more details.                  

###### Small Business Administration

          - [Disaster Declaration #11716 and #11717]

# AGENCY:

U.S. Small Business Administration.

# ACTION:

Amendment 1.

# SUMMARY:

This is an amendment of the Presidential declaration of a major disaster for Public Assistance Only for the State of Florida (FEMA-1831-DR), dated 04/21/2009.

*Incident:*                         Severe Storms, Flooding, Tornadoes, and Straight-line Winds.                    

*Incident Period:*                         03/26/2009 and continuing.                    

*Effective Date:*                         05/01/2009.                    

*Physical Loan Application Deadline Date:*                         06/22/2009.                    

*Economic Injury (EIDL) Loan Application Deadline Date:*                         01/21/2010.                    

# ADDRESSES:

Submit completed loan applications to: U.S. Small Business Administration, Processing and Disbursement Center, 14925 Kingsport Road, Fort Worth, TX 76155.

# FOR FURTHER INFORMATION CONTACT:

A. Escobar, Office of Disaster Assistance, U.S. Small Business Administration, 409 3rd Street, SW., Suite 6050, Washington, DC 20416.

# SUPPLEMENTARY INFORMATION:

The notice of the President's major disaster declaration for Private Non-Profit organizations in the State of Florida, dated 04/21/2009, is hereby amended to include the following areas as adversely affected by the disaster.

*Primary Counties:*                     Escambia,                 

Franklin, Gadsden, Hamilton, Leon, Madison, Wakulla.

All other information in the original declaration remains unchanged.

(Catalog of Federal Domestic Assistance Numbers 59002 and 59008)

James E. Rivera,

Acting Associate Administrator for Disaster Assistance. 

[FR Doc. E9-11031 Filed 5-11-09; 8:45 am]

BILLING CODE 8025-01-P
* This matter is being decided by a quorum. 28 U.S.C. §

46(d).

** Pursuant to 5 TH C IR . 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 5 TH C IR . R. 47.5.4. IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

No. 98-40901 Conference Calendar

UNITED STATES OF AMERICA, Plaintiff-Appellee,

versus JOSEPH ANTOINE LEE, JR., also known as Allen Holcomb, Defendant-Appellant.

- - - - - - - - - - Appeal from the United States District Court for the Eastern District of Texas USDC No. 1:97-CR-41-2

- - - - - - - - - - February 11, 1999 Before BARKSDALE and EMILIO M. GARZA, Circuit Judges. *
PER CURIAM: ** Joseph Antoine Lee, Jr., appeals the sentence following his guilty plea conviction for being a felon in possession of a firearm. Lee argues that the district court erred in refusing to grant him a three-level reduction for acceptance of responsibility. We have reviewed the records and the briefs of the parties and hold that the district court did not clearly err.No. -2- United States v. Diaz , 39 F.3d 568, 571 (5th Cir. 1994); United States v. Hardeman , 933 F.2d 278, 284 (5th Cir. 1991).
AFFIRMED.
From: The District Court of the 8th Judicial District. County of Cascade.

#### STATE OF MONTANA, Plaintiff, vs. JAMES SWANK, Defendant,

CAUSE NO. CDC-03-202 DECISION

On March 3,2009, the defendant was sentenced, for violation of the conditions of a suspended sentence, to a commitment to the Department of Corrections for a period of four (4) years, with two (2) years suspended, for the offense of Count I: Assault With a Weapon, a felony.

On November 12, 2009, the defendant’s application for review of that sentence was heard by the Sentence Review Division of the Montana Supreme Court.

The defendant was present and was represented by Eric Olson. The state was not represented.

Before hearing the application, the defendant was advised that the Sentence Review Division has the authority not only to reduce the sentence or affirm it, but also increase it. The defendant was further advised that there is no appeal from a decision of the Sentence Review Division. The defendant acknowledged that he understood this and stated that he wished to proceed.

Rule 17 of the Rules of the Sentence Review Division of the Supreme Court of Montana provides that “the sentence imposed by the District *93Court is presumed correct, and the sentence will not be reduced or increased unless it is deemed clearly inadequate or excessive.” (§46-18-904(3), MCA).

The Division finds that the reasons advanced for modification are insufficient to hold that the sentence imposed by the District Court is inadequate or excessive.

Therefore, it is the unanimous decision of the Sentence Review Division that the sentence shall be affirmed.

A major question in this case is whether the defendant shall be given credit for the eleven (11) months that was served in Yellowstone County Detention Center on the Cascade County case. The Sentence Review Division finds this is more appropriately raised with the sentencing judge in Cascade County and it has not considered that argument.

Done in open Court this 12th day of November, 2009.

DATED this 25th day of November, 2009.

Chairperson, Hon. Stewart Stadler, Member, Hon. Blair Jones and Member, Richard Simonton.
#### Grays *v.*Bibb County.

This case is ruled by *Bibb and Crawford Counties v. Dorsey,*90 *Ga.*72.

July 23, 1894.

Action for damages. Before Judge Boss. City court •of Macon. September term, 1893.

Steed & Wimberly, for plaintiff

Byals & Stone, for defendant.

*Judgment affirmed.*
Document Headings

                    Document headings vary by document type but may contain                    the following:                  
                -                       the agency or agencies that issued and signed a document                    
                -                       the number of the CFR title and the number of each part                      the document amends, proposes to amend, or is directly                      related to                    
                -                       the agency docket number / agency internal file number                    
                -                       the RIN which identifies each regulatory action listed in                      the Unified Agenda of Federal Regulatory and Deregulatory                      Actions                    

                    See the                                          Document Drafting Handbook                                        for more details.                  

###### Department of Agriculture

###### Forest Service

# AGENCY:

Forest Service, USDA.

# ACTION:

Notice of meeting.

# SUMMARY:

Pursuant to the authorities in the Federal Advisory Committee Act (Pub. L. 92-463) and under the Secure Rural Schools and Community Self Determination Act of 2000 (Pub. L. 106-393), the Salmon-Challis National Forest's Central Idaho Resource Advisory Committee will conduct a business meeting which is open to the public.

# DATES:

Thursday, May 21, 2009, beginning at 10 a.m.

# ADDRESSES:

Salmon-Challis N.F. South Zone Office, Highway 93, Challis, Idaho.

# SUPPLEMENTARY INFORMATION:

Agenda topics will include review and approval of project proposals, and an open public forum.

# FOR FURTHER INFORMATION CONTACT:

William A. Wood, Forest Supervisor and Designated Federal Officer, at 208-756-5111.

Dated: May 5, 2009.

Lyle Powers,

Acting Forest Supervisor, Salmon-Challis National Forest.

[FR Doc. E9-10983 Filed 5-11-09; 8:45 am]

BILLING CODE 3410-11-M
#### In the Matter of Marquise Boynton, Petitioner, v Brian Fischer, as Commissioner of Corrections and Community Supervision, Respondent.

[962 NYS2d 822]

Proceeding pursuant to CPLR article 78 (transferred to this Court by order of the Supreme Court, entered in Albany County) to review a determination of respondent which found petitioner guilty of violating a prison disciplinary rule.

Due to inclement weather, petitioner’s visit with his wife as part of the family reunion program was canceled. He contacted the correction counselor responsible for setting up the visits about rescheduling and became frustrated when his visit was not rescheduled even though he believed there were cancellations by other inmates. Consequently, he created a “cancellation fill-in form” resembling an official correctional facility document that he sent to the counselor for her use in streamlining the rescheduling of visits when there were same-day cancellations. Included with the letter sent to the counselor were a blank form and another form that petitioner had completed with his own information. As a result of his actions, petitioner was charged in a misbehavior report with forgery and possessing contraband. Following a tier III disciplinary hearing, he was found guilty of the- charges. The determination was subsequently modified and the forgery charge was dismissed. It was then affirmed on administrative appeal, resulting in this CPLR article 78 proceeding.

We confirm. The detailed misbehavior report and related documentation, together with the testimony adduced at the hearing, including petitioner’s admission to engaging in the conduct in question, provide substantial evidence supporting the determination of guilt *(see Matter of Peoples v Bezio,*94 AD3d 1299, 1300 [2012]; *Matter of Lopez v*Fischer, 91 AD3d 1223, 1224 [2012]). Contrary to petitioner’s claim, the dismissal of the forgery charge does not require annulment of the contraband charge as that latter charge is based upon the fact that petitioner did not have authorization to possess the forms at issue—rather than the fact they were forged—and, as such, they constituted contraband *(see*7 NYCRR 270.2 [B] [14] [xiii]; *see also Matter of Jenkins v Senkowski,*221 AD2d 779 [1995]). Moreover, while petitioner challenges the sufficiency of the statement of evidence relied upon by the Hearing Officer, we find that it adequately complied with the regulatory requirements (see 7 NYCRR 254.7 [a] [5]; *see also Matter of Coleman v Fischer, 87*AD3d 778, 779 [2011]). Petitioner’s remaining contentions have not been preserved for our review.

*1232Lahtinen, J.P., Spain, Garry and Egan Jr., JJ., concur.

Adjudged that the determination is confirmed, without costs, and petition dismissed. . .■
#### State v. Brown

Case below: Wayne County Superior Court

No. 145A02-2

Def’s Petition for Certiorari to Review Order of the Wayne County Superior Court

Denied 05/03/07
Exhibit 32.1

** **

** **

**Certification of CEO andCFO**

**Pursuant to 18 U.S.C.Section 1350,**

**AsAdopted Pursuant to**

**Section 906 of theSarbanes-Oxley Act of 2002**

 

 

 

In connection with theQuarterly Report on Form 10-Q of Shelter Properties II (the "Partnership"), forthe quarterly period ended September 30, 2009 as filed with the Securities andExchange Commission on the date hereof (the "Report"), Steven D. Cordes, as theequivalent of the chief executive officer of the Partnership, and Stephen B.Waters, as the equivalent of the chief financial officer of the Partnership,each hereby certifies, pursuant to 18 U.S.C. Section 1350, as adopted pursuantto Section 906 of the Sarbanes-Oxley Act of 2002, that, to the best of hisknowledge:

 

 

(1)   The Reportfully complies with the requirements of Section 13(a) or 15(d) of the SecuritiesExchange Act of 1934; and

 

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

 

 

 

 

This certification is furnished with thisReport pursuant to Section 906 of the Sarbanes-Oxley Act of 2002 and shall notbe deemed filed by the Partnership for purposes of Section 18 of the SecuritiesExchange Act of 1934, as amended.
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-QSB (the "Report") of Colorado Wyoming Reserve Company (the "Company") for the quarter ended December 31, 2002, I, Rafiq A. Sayed,, the Chief Financial Officer of the Company, hereby certifies 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 the undersigned's knowledge and belief:

(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.



Date:  June 29, 2005

/s/ Rafiq A. Sayed



Rafiq A. Sayed



Chief Financial Officer
##### 



SECURITIES AND EXCHANGE COMMISSION WASHINGTON, DC 20549
 FORM 6-K REPORT OF FOREIGN PRIVATE ISSUER PURSUANT TO RULE 13a-16 OR 15d-16 OF THE SECURITIES EXCHANGE ACT OF 1934 For the month of July 2004 Fairmont Hotels & Resorts Inc.   Canadian Pacific Tower, Ste
1600, 100 Wellington Street W., Toronto, Ontario M5K 1B7, Canada   (Indicate by check mark whether the registrant files or will file annual
reports under cover of Form 20-F or Form 40-F.) Form 20-F       o            Form 40-F       þ (Indicate by check mark whether the registrant by furnishing the
information contained in this form is also thereby furnishing the information
to the Commission pursuant to Rule 12g3-2(b) under the Securities Exchange Act
of 1934.) Yes       o            No       þ (If Yes is marked, indicate below the file number assigned to the
registrant in connection with Rule 12g3-2(b): 82-. This report furnished on Form 6-K shall be incorporated by reference into
each of the Registration Statements under the Securities Act of 1933 of the
registrant: Form S-8 No. 333-13960. Page 1 of 2 Pages
Exhibits Index appears on Page 3




---



##### 



SIGNATURES Pursuant to the requirements of the Securities Exchange Act of 1934, the
registrant has duly caused this report to be signed on its behalf by the
undersigned, thereunto duly authorized. FAIRMONT HOTELS & RESORTS INC.
                        (Registrant)Date: July 27, 2004
    By
    /s/ Terence P. BadourName:
    Terence P. BadourTitle:
    Executive Vice President, Law and Administration
and Corporate Secretary




---



##### 



Exhibits Index The following is a list of Exhibits included as part of this Report on Form
6-K. Exhibit No.
    
    Description of Exhibits99.1
    
    
    Second Quarter Report & Interim Managements Discussion
And Analysis For the Period Ended June 30, 200499.2
    
    
    Certification of Chief Executive Officer pursuant to Section 1350
of Chapter 63 of Title 18 of the United States Code99.3
    
    
    Certification of Chief Financial Officer pursuant to Section 1350
of Chapter 63 of Title 18 of the United States Code99.4
    
    

Certificate of Chief Executive Officer pursuant to Rule 13a  14
under the Securities Exchange Act of 193499.5
    
    

Certificate
of Chief Financial Officer pursuant to Rule 13a  14
under the Securities Exchange Act of 193499.6
    
    
    Certain
Information Concerning United States Accounting Policies For the Six
Months Ended June 30, 200499.7
    
    

Earnings
Coverage For the Twelve
Months Ended June 30, 2004
#### UNITED STATES of America, Plaintiff—Appellee, v. Jeffrey Ezekiel BECKS, Defendant—Appellant.

No. 09-6060.

United States Court of Appeals, Fourth Circuit.

Submitted: May 21, 2009.

Decided: May 28, 2009.

Jeffrey Ezekiel Becks, Appellant Pro Se. Amy Elizabeth Ray, Assistant United States Attorney, Asheville, North Carolina, for Appellee.

Before MOTZ, TRAXLER, and AGEE, Circuit Judges.

Affirmed by unpublished PER CURIAM opinion.

Unpublished opinions are not binding precedent in this circuit.

PER CURIAM:

Jeffrey Ezekiel Becks appeals the district court’s order denying his motion for a reduction of sentence pursuant to 18 U.S.C. § 3582(c) (2006). We have reviewed the record and find no reversible error. *See United States v. Hood,*556 F.3d 226, 232-33 (4th Cir.2009). Accordingly, we affirm for the reasons stated by the district court. *United States v. Becks,*No. 3:04-cr-00250-RJC-CH-10, 2008 WL 5236030 (W.D.N.C. Dec. 15, 2008). We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before the court and argument would not aid the decisional process.

*AFFIRMED.*
[Federal Register Volume 80, Number 13 (Wednesday, January 21, 2015)]
[Notices]
[Page 2918]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-00829]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF DEFENSE

Office of the Secretary


U.S. Court of Appeals for the Armed Forces Code Committee; 
Meeting

ACTION: Notice of Public Meeting.

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

SUMMARY: This notice announces the forthcoming public meeting of the 
Code Committee.

FOR FURTHER INFORMATION CONTACT: William A. DeCicco, Clerk of Court, 
United States Court of Appeals for the Armed Forces, 450 E Street NW., 
Washington, DC 20442-0001, telephone (202) 761-1448.

SUPPLEMENTARY INFORMATION: The Code Committee was established by 
Article 146(a), Uniform Code of Military Justice, 10 U.S.C. 946(a), to 
be held at the Courthouse of the United States Court of Appeals for the 
Armed Forces, 450 E Street NW., Washington, DC 20442-0001, at 10:00 
a.m. on Tuesday, March 3, 2015. The agenda for this meeting will 
include consideration of proposed changes to the Uniform Code of 
Military Justice and the Manual for Courts-Martial, United States, and 
other matters relating to the operation of the Uniform Code of Military 
Justice throughout the Armed Forces.

    Dated: January 14, 2015.
Aaron Siegel,
Alternate OSD Federal Register Liaison Officer, Department of Defense.
[FR Doc. 2015-00829 Filed 1-20-15; 8:45 am]
BILLING CODE 5001-06-P
#### The People of the State of New York ex rel. Howard Glenn Blake, Alleged to be Larry Wayne Barnett, Appellant, v George E. Pataki, as Governor of the State of New York, Respondent.

Submitted June 22, 2009;

decided September 1, 2009

Reported below, 57 AD3d 583.

Motion to vacate this Court’s June 2, 2009 dismissal order granted *[see 12*NY3d 911 (2009)].
## F IRST 

## D ISTRICT 

## C OURT OF 

## A PPEAL 

## S TATE OF 

## F LORIDA

_____________________________
No. 1D 19

- 0440

_____________________________ C ARLTON T HOMAS , Appellant,

v.

S TATE OF F LORIDA , Appellee.

_____________________________

On appeal from the Circuit Court for Leon County

. Angela C. Dempsey , Judge

. October 21, 2019

P ER C URIAM

.
A FFIRMED

. W OLF , R OBERTS , and J AY , JJ., concur

.

_____________________________ Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331

.

_____________________________2 Carlton Thomas, pro se
, Appellant.

Ashley Moody, Attorney General, Tallahassee
, for Appellee.
Exhibit 32.1
 CERTIFICATION PURSUANT TO 18 U.S.C. § 1350 AS ADOPTED PURSUANT TO
SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002
  (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 as of the
dates and for the periods expressed in the Report.
 Date:
March 2, 2009By:
    /s/ Philip Cook

Philip Cook
Senior Vice President  Chief Financial Officer
    
    By:
    
    /s/ Thomas F. Darden

Thomas F. Darden
President and Chief Executive Officer