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We've seen it in most Western states by now. Substantial fee increases on non-resident tags, licenses and even the application process seem to be the norm these days. Oklahoma, however, doesn't have the traditional western species to offer hunters and yet they keep sticking it to out of staters at every turn. What they do [...]
Good Sunday morning to you,I am just on a train home from Glasgow, where I have been gigging these past two nights. I've had a great time, as I always seem to do when I go north of the wall.But Glasgow on a Saturday night is something else. My hotel was right next to the station and so I was right in the thick of it. If I ever get to make a cacatopian, end-of-days, post-apocalyptic thriller, I'll just stroll through Glasgow city centre on a Friday or Saturday night with a camera to get all the B roll. It was like walking through a Hieronymus Bosch painting only with a Scottish accent. Little seems to have changed since I wrote that infamous chapter about Glasgow in Life After the State all those years ago. The only difference is that now it's more multi-ethnic. So many people are so off their heads. I lost count of the number of randoms wandering about just howling at the stars. The long days - it was still light at 10 o'clock - make the insanity all the more visible. Part of me finds it funny, but another part of me finds it so very sad that so many people let themselves get into this condition. It prompted me to revisit said chapter, and I offer it today as your Sunday thought piece.Just a couple of little notes, before we begin. This caught my eye on Friday. Our favourite uranium tech company, Lightbridge Fuels (NASDAQ:LTBR), has taken off again with Donald Trump's statement that he is going to quadruple US nuclear capacity. The stock was up 45% in a day. We first looked at it in October at $3. It hit $15 on Friday. It's one to sell on the spikes and buy on the dips, as this incredible chart shows.(In other news I have now listened twice to the Comstock Lode AGM, and I'll report back on that shortly too). ICYMI here is my mid-week commentary, which attracted a lot of attentionRight - Glasgow.(NB I haven't included references here. Needless to say, they are all there in the book. And sorry I don't have access to the audio of me reading this from my laptop, but, if you like, you can get the audiobook at Audible, Apple Books and all good audiobookshops. The book itself available at Amazon, Apple Books et al).How the Most Entrepreneurial City in Europe Became Its SickestThe cause of waves of unemployment is not capitalism, but governments …Friedrich Hayek, economist and philosopherIn the 18th and 19th centuries, the city of Glasgow in Scotland became enormously, stupendously rich. It happened quite organically, without planning. An entrepreneurial people reacted to their circumstances and, over time, turned Glasgow into an industrial and economic centre of such might that, by the turn of the 20th century, Glasgow was producing half the tonnage of Britain's ships and a quarter of all locomotives in the world. (Not unlike China's industrial dominance today). It was regarded as the best-governed city in Europe and popular histories compared it to the great imperial cities of Venice and Rome. It became known as the ‘Second City of the British Empire'.Barely 100 years later, it is the heroin capital of the UK, the murder capital of the UK and its East End, once home to Europe's largest steelworks, has been dubbed ‘the benefits capital of the UK'. Glasgow is Britain's fattest city: its men have Britain's lowest life expectancy – on a par with Palestine and Albania – and its unemployment rate is 50% higher than the rest of the UK.How did Glasgow manage all that?The growth in Glasgow's economic fortunes began in the latter part of the 17th century and the early 18th century. First, the city's location in the west of Scotland at the mouth of the river Clyde meant that it lay in the path of the trade winds and at least 100 nautical miles closer to America's east coast than other British ports – 200 miles closer than London. In the days before fossil fuels (which only found widespread use in shipping in the second half of the 19th century) the journey to Virginia was some two weeks shorter than the same journey from London or many of the other ports in Britain and Europe. Even modern sailors describe how easy the port of Glasgow is to navigate. Second, when England was at war with France – as it was repeatedly between 1688 and 1815 – ships travelling to Glasgow were less vulnerable than those travelling to ports further south. Glasgow's merchants took advantage and, by the early 18th century, the city had begun to assert itself as a trading hub. Manufactured goods were carried from Britain and Europe to North America and the Caribbean, where they were traded for increasingly popular commodities such as tobacco, cotton and sugar.Through the 18th century, the Glasgow merchants' business networks spread, and they took steps to further accelerate trade. New ships were introduced, bigger than those of rival ports, with fore and aft sails that enabled them to sail closer to the wind and reduce journey times. Trading posts were built to ensure that cargo was gathered and stored for collection, so that ships wouldn't swing idly at anchor. By the 1760s Glasgow had a 50% share of the tobacco trade – as much as the rest of Britain's ports combined. While the English merchants simply sold American tobacco in Europe at a profit, the Glaswegians actually extended credit to American farmers against future production (a bit like a crop future today, where a crop to be grown at a later date is sold now). The Virginia farmers could then use this credit to buy European goods, which the Glaswegians were only too happy to supply. This brought about the rise of financial institutions such as the Glasgow Ship Bank and the Glasgow Thistle Bank, which would later become part of the now-bailed-out, taxpayer-owned Royal Bank of Scotland (RBS).Their practices paid rewards. Glasgow's merchants earned a great deal of money. They built glamorous homes and large churches and, it seems, took on aristocratic airs – hence they became known as the ‘Tobacco Lords'. Numbering among them were Buchanan, Dunlop, Ingram, Wilson, Oswald, Cochrane and Glassford, all of whom had streets in the Merchant City district of Glasgow named after them (other streets, such as Virginia Street and Jamaica Street, refer to their trade destinations). In 1771, over 47 million pounds of tobacco were imported.However, the credit the Glaswegians extended to American tobacco farmers would backfire. The debts incurred by the tobacco farmers – which included future presidents George Washington and Thomas Jefferson (who almost lost his farm as a result) – grew, and were among the grievances when the American War of Independence came in 1775. That war destroyed the tobacco trade for the Glaswegians. Much of the money that was owed to them was never repaid. Many of their plantations were lost. But the Glaswegians were entrepreneurial and they adapted. They moved on to other businesses, particularly cotton.By the 19th century, all sorts of local industry had emerged around the goods traded in the city. It was producing and exporting textiles, chemicals, engineered goods and steel. River engineering projects to dredge and deepen the Clyde (with a view to forming a deep- water port) had begun in 1768 and they would enable shipbuilding to become a major industry on the upper reaches of the river, pioneered by industrialists such as Robert Napier and John Elder. The final stretch of the Monkland Canal, linking the Forth and Clyde Canal at Port Dundas, was opened in 1795, facilitating access to the iron-ore and coal mines of Lanarkshire.The move to fossil-fuelled shipping in the latter 19th century destroyed the advantages that the trade winds had given Glasgow. But it didn't matter. Again, the people adapted. By the turn of the 20th century the Second City of the British Empire had become a world centre of industry and heavy engineering. It has been estimated that, between 1870 and 1914, it produced as much as one-fifth of the world's ships, and half of Britain's tonnage. Among the 25,000 ships it produced were some of the greatest ever built: the Cutty Sark, the Queen Mary, HMS Hood, the Lusitania, the Glenlee tall ship and even the iconic Mississippi paddle steamer, the Delta Queen. It had also become a centre for locomotive manufacture and, shortly after the turn of the 20th century, could boast the largest concentration of locomotive building works in Europe.It was not just Glasgow's industry and wealth that was so gargantuan. The city's contribution to mankind – made possible by the innovation and progress that comes with booming economies – would also have an international impact. Many great inventors either hailed from Glasgow or moved there to study or work. There's James Watt, for example, whose improvements to the steam engine were fundamental to the Industrial Revolution. One of Watt's employees, William Murdoch, has been dubbed ‘the Scot who lit the world' – he invented gas lighting, a new kind of steam cannon and waterproof paint. Charles MacIntosh gave us the raincoat. James Young, the chemist dubbed as ‘the father of the oil industry', gave us paraffin. William Thomson, known as Lord Kelvin, developed the science of thermodynamics, formulating the Kelvin scale of absolute temperature; he also managed the laying of the first transatlantic telegraph cable.The turning point in the economic fortunes of Glasgow – indeed, of industrial Britain – was WWI. Both have been in decline ever since. By the end of the war, the British were drained, both emotionally and in terms of capital and manpower; the workers, the entrepreneurs, the ideas men, too many of them were dead or incapacitated. There was insufficient money and no appetite to invest. The post-war recession, and later the Great Depression, did little to help. The trend of the city was now one of inexorable economic decline.If Glasgow was the home of shipping and industry in 19th-century Britain, it became the home of socialism in the 20th century. Known by some as the ‘Red Clydeside' movement, the socialist tide in Scotland actually pre-dated the First World War. In 1906 came the city's first Labour Member of Parliament (MP), George Barnes – prior to that its seven MPs were all Conservatives or Liberal Unionists. In the spring of 1911, 11,000 workers at the Singer sewing-machine factory (run by an American corporation in Clydebank) went on strike to support 12 women who were protesting about new work practices. Singer sacked 400 workers, but the movement was growing – as was labour unrest. In the four years between 1910 and 1914 Clydebank workers spent four times as many days on strike than in the whole of the previous decade. The Scottish Trades Union Congress and its affiliations saw membership rise from 129,000 in 1909 to 230,000 in 1914.20The rise in discontent had much to do with Glasgow's housing. Conditions were bad, there was overcrowding, bad sanitation, housing was close to dirty, noxious and deafening industry. Unions grew quite organically to protect the interests of their members.Then came WWI, and inflation, as Britain all but abandoned gold. In 1915 many landlords responded by attempting to increase rent, but with their young men on the Western front, those left behind didn't have the means to pay these higher costs. If they couldn't, eviction soon followed. In Govan, an area of Glasgow where shipbuilding was the main occupation, women – now in the majority with so many men gone – organized opposition to the rent increases. There are photographs showing women blocking the entrance to tenements; officers who did get inside to evict tenants are said to have had their trousers pulled down.The landlords were attacked for being unpatriotic. Placards read: ‘While our men are fighting on the front line,the landlord is attacking us at home.' The strikes spread to other cities throughout the UK, and on 27 November 1915 the government introduced legislation to restrict rents to the pre-war level. The strikers were placated. They had won. The government was happy; it had dealt with the problem. The landlords lost out.In the aftermath of the Russian Revolution of 1917, more frequent strikes crippled the city. In 1919 the ‘Bloody Friday' uprising prompted the prime minister, David Lloyd George, to deploy 10,000 troops and tanks onto the city's streets. By the 1930s Glasgow had become the main base of the Independent Labour Party, so when Labour finally came to power alone after WWII, its influence was strong. Glasgow has always remained a socialist stronghold. Labour dominates the city council, and the city has not had a Conservative MP for 30 years.By the late 1950s, Glasgow was losing out to the more competitive industries of Japan, Germany and elsewhere. There was a lack of investment. Union demands for workers, enforced by government legislation, made costs uneconomic and entrepreneurial activity arduous. With lack of investment came lack of innovation.Rapid de-industrialization followed, and by the 1960s and 70s most employment lay not in manufacturing, but in the service industries.Which brings us to today. On the plus side, Glasgow is still ranked as one of Europe's top 20 financial centres and is home to some leading Scottish businesses. But there is considerable downside.Recent studies have suggested that nearly 30% of Glasgow's working age population is unemployed. That's 50% higher than that of the rest of Scotland or the UK. Eighteen per cent of 16- to 19-year-olds are neither in school nor employed. More than one in five working-age Glaswegians have no sort of education that might qualify them for a job.In the city centre, the Merchant City, 50% of children are growing up in homes where nobody works. In the poorer neighbourhoods, such as Ruchill, Possilpark, or Dalmarnock, about 65% of children live in homes where nobody works – more than three times the national average. Figures from the Department of Work and Pensions show that 85% of working age adults from the district of Bridgeton claim some kind of welfare payment.Across the city, almost a third of the population regularly receives sickness or incapacity benefit, the highest rate of all UK cities. A 2008 World Health Organization report noted that in Glasgow's Calton, Bridgeton and Queenslie neighbourhoods, the average life expectancy for males is only 54. In contrast, residents of Glasgow's more affluent West End live to be 80 and virtually none of them are on the dole.Glasgow has the highest crime rate in Scotland. A recent report by the Centre for Social Justice noted that there are 170 teenage gangs in Glasgow. That's the same number as in London, which has over six times the population of Glasgow.It also has the dubious record of being Britain's murder capital. In fact, Glasgow had the highest homicide rate in Western Europe until it was overtaken in 2012 by Amsterdam, with more violent crime per head of population than even New York. What's more, its suicide rate is the highest in the UK.Then there are the drug and alcohol problems. The residents of the poorer neighbourhoods are an astounding six times more likely to die of a drugs overdose than the national average. Drug-related mortality has increased by 95% since 1997. There are 20,000 registered drug users – that's just registered – and the situation is not going to get any better: children who grow up in households where family members use drugs are seven times more likely to end up using drugs themselves than children who live in drug-free families.Glasgow has the highest incidence of liver diseases from alcohol abuse in all of Scotland. In the East End district of Dennistoun, these illnesses kill more people than heart attacks and lung cancer combined. Men and women are more likely to die of alcohol-related deaths in Glasgow than anywhere else in the UK. Time and time again Glasgow is proud winner of the title ‘Fattest City in Britain'. Around 40% of the population are obese – 5% morbidly so – and it also boasts the most smokers per capita.I have taken these statistics from an array of different sources. It might be in some cases that they're overstated. I know that I've accentuated both the 18th- and 19th-century positives, as well as the 20th- and 21st-century negatives to make my point. Of course, there are lots of healthy, happy people in Glasgow – I've done many gigs there and I loved it. Despite the stories you hear about intimidating Glasgow audiences, the ones I encountered were as good as any I've ever performed in front of. But none of this changes the broad-brush strokes: Glasgow was a once mighty city that now has grave social problems. It is a city that is not fulfilling its potential in the way that it once did. All in all, it's quite a transformation. How has it happened?Every few years a report comes out that highlights Glasgow's various problems. Comments are then sought from across the political spectrum. Usually, those asked to comment agree that the city has grave, ‘long-standing and deep-rooted social problems' (the words of Stephen Purcell, former leader of Glasgow City Council); they agree that something needs to be done, though they don't always agree on what that something is.There's the view from the right: Bill Aitken of the Scottish Conservatives, quoted in The Sunday Times in 2008, said, ‘We simply don't have the jobs for people who are not academically inclined. Another factor is that some people are simply disinclined to work. We have got to find something for these people to do, to give them a reason to get up in the morning and give them some self-respect.' There's the supposedly apolitical view of anti-poverty groups: Peter Kelly, director of the Glasgow-based Poverty Alliance, responded, ‘We need real, intensive support for people if we are going to tackle poverty. It's not about a lack of aspiration, often people who are unemployed or on low incomes are stymied by a lack of money and support from local and central government.' And there's the view from the left. In the same article, Patricia Ferguson, the Labour Member of the Scottish Parliament (MSP) for Maryhill, also declared a belief in government regeneration of the area. ‘It's about better housing, more jobs, better education and these things take years to make an impact. I believe that the huge regeneration in the area is fostering a lot more community involvement and cohesion. My real hope is that these figures will take a knock in the next five or ten years.' At the time of writing in 2013, five years later, the figures have worsened.All three points of view agree on one thing: the government must do something.In 2008 the £435 million Fairer Scotland Fund – established to tackle poverty – was unveiled, aiming to allocate cash to the country's most deprived communities. Its targets included increasing average income among lower wage-earners and narrowing the poverty gap between Scotland's best- and worst-performing regions by 2017. So far, it hasn't met those targets.In 2008 a report entitled ‘Power for The Public' examined the provision of health, education and justice in Scotland. It said the budgets for these three areas had grown by 55%, 87% and 44% respectively over the last decade, but added that this had produced ‘mixed results'. ‘Mixed results' means it didn't work. More money was spent and the figures got worse.After the Centre for Social Justice report on Glasgow in 2008, Iain Duncan Smith (who set up this think tank, and is now the Secretary of State for Work and Pensions) said, ‘Policy must deal with the pathways to breakdown – high levels of family breakdown, high levels of failed education, debt and unemployment.'So what are ‘pathways to breakdown'? If you were to look at a chart of Glasgow's prosperity relative to the rest of the world, its peak would have come somewhere around 1910. With the onset of WWI in 1914 its decline accelerated, and since then the falls have been relentless and inexorable. It's not just Glasgow that would have this chart pattern, but the whole of industrial Britain. What changed the trend? Yes, empires rise and fall, but was British decline all a consequence of WWI? Or was there something else?A seismic shift came with that war – a change which is very rarely spoken or written about. Actually, the change was gradual and it pre-dated 1914. It was a change that was sweeping through the West: that of government or state involvement in our lives. In the UK it began with the reforms of the Liberal government of 1906–14, championed by David Lloyd George and Winston Churchill, known as the ‘terrible twins' by contemporaries. The Pensions Act of 1908, the People's Budget of 1909–10 (to ‘wage implacable warfare against poverty', declared Lloyd George) and the National Insurance Act of 1911 saw the Liberal government moving away from its tradition of laissez-faire systems – from classical liberalism and Gladstonian principles of self-help and self-reliance – towards larger, more active government by which taxes were collected from the wealthy and the proceeds redistributed. Afraid of losing votes to the emerging Labour party and the increasingly popular ideology of socialism, modern liberals betrayed their classical principles. In his War Memoirs, Lloyd George said ‘the partisan warfare that raged around these topics was so fierce that by 1913, this country was brought to the verge of civil war'. But these were small steps. The Pensions Act, for example, meant that men aged 70 and above could claim between two and five shillings per week from the government. But average male life- expectancy then was 47. Today it's 77. Using the same ratio, and, yes, I'm manipulating statistics here, that's akin to only awarding pensions to people above the age 117 today. Back then it was workable.To go back to my analogy of the prologue, this period was when the ‘train' was set in motion across the West. In 1914 it went up a gear. Here are the opening paragraphs of historian A. J. P. Taylor's most celebrated book, English History 1914–1945, published in 1965.I quote this long passage in full, because it is so telling.Until August 1914 a sensible, law-abiding Englishman could pass through life and hardly notice the existence of the state, beyond the post office and the policeman. He could live where he liked and as he liked. He had no official number or identity card. He could travel abroad or leave his country forever without a passport or any sort of official permission. He could exchange his money for any other currency without restriction or limit. He could buy goods from any country in the world on the same terms as he bought goods at home. For that matter, a foreigner could spend his life in this country without permit and without informing the police. Unlike the countries of the European continent, the state did not require its citizens to perform military service. An Englishman could enlist, if he chose, in the regular army, the navy, or the territorials. He could also ignore, if he chose, the demands of national defence. Substantial householders were occasionally called on for jury service. Otherwise, only those helped the state, who wished to do so. The Englishman paid taxes on a modest scale: nearly £200 million in 1913–14, or rather less than 8% of the national income.The state intervened to prevent the citizen from eating adulterated food or contracting certain infectious diseases. It imposed safety rules in factories, and prevented women, and adult males in some industries,from working excessive hours.The state saw to it that children received education up to the age of 13. Since 1 January 1909, it provided a meagre pension for the needy over the age of 70. Since 1911, it helped to insure certain classes of workers against sickness and unemployment. This tendency towards more state action was increasing. Expenditure on the social services had roughly doubled since the Liberals took office in 1905. Still, broadly speaking, the state acted only to help those who could not help themselves. It left the adult citizen alone.All this was changed by the impact of the Great War. The mass of the people became, for the first time, active citizens. Their lives were shaped by orders from above; they were required to serve the state instead of pursuing exclusively their own affairs. Five million men entered the armed forces, many of them (though a minority) under compulsion. The Englishman's food was limited, and its quality changed, by government order. His freedom of movement was restricted; his conditions of work prescribed. Some industries were reduced or closed, others artificially fostered. The publication of news was fettered. Street lights were dimmed. The sacred freedom of drinking was tampered with: licensed hours were cut down, and the beer watered by order. The very time on the clocks was changed. From 1916 onwards, every Englishman got up an hour earlier in summer than he would otherwise have done, thanks to an act of parliament. The state established a hold over its citizens which, though relaxed in peacetime, was never to be removed and which the Second World war was again to increase. The history of the English state and of the English people merged for the first time.Since the beginning of WWI , the role that the state has played in our lives has not stopped growing. This has been especially so in the case of Glasgow. The state has spent more and more, provided more and more services, more subsidy, more education, more health care, more infrastructure, more accommodation, more benefits, more regulations, more laws, more protection. The more it has provided, the worse Glasgow has fared. Is this correlation a coincidence? I don't think so.The story of the rise and fall of Glasgow is a distilled version of the story of the rise and fall of industrial Britain – indeed the entire industrial West. In the next chapter I'm going to show you a simple mistake that goes on being made; a dynamic by which the state, whose very aim was to help Glasgow, has actually been its ‘pathway to breakdown' . . .Life After the State is available at Amazon, Apple Books and all good bookshops, with the audiobook at Audible, Apple Books and all good audiobookshops. This is a public episode. If you'd like to discuss this with other subscribers or get access to bonus episodes, visit www.theflyingfrisby.com/subscribe
Dr. Philip D. Derber
House Ag Committee Ranking Member Angie Craig is calling for the Farm Bill to get done, and Treasury Secretary Scott Bessent expressed optimism that “substantial progress” in U.S./China trade negotiations.
Sino-US talks over the weekend were described by US Treasury Secretary Bessent as making “substantial progress” on trade. Presumably so important a comment was cleared by US President Trump. The only real issue investors care about is how far the US will retreat on trade taxes. Current tariffs effectively halt bilateral trade. An 80% tariff (suggested by Trump) would also effectively halt bilateral trade. A tax of 20% would damage the US economy, but allow trade to continue.
This lecture text explores contract interpretation, discussing how courts determine the meaning of agreements using the plain meaning rule and extrinsic evidence, such as course of performance, course of dealing, and usage of trade, while also considering the parol evidence rule. It then differentiates performance obligations under common law and the U.C.C., contrasting substantial performance with the perfect tender rule, and introducing the concept of conditions. The material further explains breach, including material versus minor breaches and anticipatory repudiation, before outlining the rights of third parties through assignment, delegation, and third-party beneficiary contracts, finally addressing ways performance may be excused due to impossibility, impracticability, or frustration of purpose.This conversation delves into the complexities of contract law, focusing on the stages beyond formation, including interpretation, performance, conditions, breach, and third-party rights. The discussion emphasizes the importance of understanding the intent behind contracts, the standards for performance under common law and the UCC, and the implications of breaches. It also covers the roles of conditions, anticipatory repudiation, and the rights of third parties in contractual agreements, concluding with the circumstances under which performance may be excused.Understanding contract law goes beyond just formation.Contract interpretation focuses on the parties' intent.Extrinsic evidence plays a crucial role in ambiguous contracts.Substantial performance is key in common law contracts.The UCC applies a stricter perfect tender rule for goods.Conditions can be express or implied and affect performance duties.Material breaches excuse the non-breaching party from performance.Anticipatory repudiation allows immediate action against a breaching party.Third parties can gain rights through assignment, delegation, or as beneficiaries.Excuses for non-performance include impossibility and frustration of purpose.According to the plain meaning rule, courts interpret unambiguous contract language according to its ordinary meaning, without considering outside evidence.If contract language is ambiguous, courts may consider extrinsic evidence such as prior negotiations, drafts, industry standards, or other contemporaneous writings to determine the parties' intent.Course of performance refers to the parties' behavior under the current contract, while course of dealing refers to their conduct in previous contracts. Both provide insight into the parties' understanding of terms.The parol evidence rule's purpose is generally to prevent parties from using prior or contemporaneous oral or written statements to contradict or change the terms of a complete and final written contract.Common law substantial performance allows enforcement if the essential purpose is met with minor deviations, while the U.C.C.'s perfect tender rule requires goods to conform exactly to contract terms for the buyer to be obligated to accept them.Under the perfect tender rule, a seller might satisfy their obligation despite nonconforming goods by exercising their right to "cure" the defective tender within the contract performance period.A condition precedent is an event that must occur before a party is obligated to perform. An example from the source is a loan disbursement being conditioned on providing proof of income.A material breach is a serious violation going to the essence of the contract that excuses the non-breaching party's performance, while a minor breach is less significant and only entitles the injured party to damages.Upon anticipatory repudiation, the non-breaching party can treat it as a breach and sue immediately, suspend performance and wait, or urge performance and await retraction.An assignment is a transfer of rights under a contract, while a delegation is a transfer of duties. In a delegation, the original party typically remains liable
Today's episode is from Mobile Home Park #67 that originally aired on May 9, 2017. Noel Scruggs is a mobile home park investor based in San Diego, CA. Learn how Noel went from being a professional poker player to being a full-time mobile home park investor. Noel's path wasn't an easy one and was full of challenges, frustrations, and many late nights but Noel pushed through and was able to persevere and now enjoys a significant cash flow all created from his park investments. Recommended Resources: Accredited Investors, you're invited to Join the Cashflow Investor Club to learn how you can partner with Kevin Bupp on current and upcoming opportunities to create passive cash flow and build wealth. Join the Club! If you're a high net worth investor with capital to deploy in the next 12 months and you want to build passive income and wealth with a trusted partner, go to InvestWithKB.com for opportunities to invest in real estate projects alongside Kevin and his team. Looking for the ultimate guide to passive investing? Grab a copy of my latest book, The Cash Flow Investor at KevinBupp.com. Tap into a wealth of free information on Commercial Real Estate Investing by listening to past podcast episodes at KevinBupp.com/Podcast.
Tigers GM Jeff Greenberg joins us to talk about Tork and Javy making surprising contributions, Jackson Jobe's innings load, and if the Tigers will be buyers at the trade deadline
This lecture explores the principles of contract interpretation, performance obligations, breach of contract, and the rights of third parties. It covers how courts interpret contracts, the significance of performance standards under common law and UCC, the implications of breach, and the conditions under which performance may be excused. The lecture emphasizes the importance of understanding these concepts for effective contract law practice.TakeawaysCourts interpret contracts to reflect the parties' intentions.The plain meaning rule is the starting point for interpretation.Substantial performance allows enforcement despite minor defects.The perfect tender rule requires exact conformity in UCC contracts.Conditions can be express, implied, or constructive.Material breaches excuse the non-breaching party's performance.Anticipatory repudiation allows for immediate legal action.Third parties can acquire rights through assignment or delegation.Impossibility and impracticability can excuse performance.Frustration of purpose can prevent enforcement of contracts.Chapters00:00 Understanding Contract Interpretation04:13 Performance Obligations in Contracts08:01 Breach of Contract and Its Consequences11:49 Rights of Third Parties and Excusing Performancecontract interpretation, performance obligations, breach of contract, third-party rights, contract law, UCC, common law, anticipatory repudiation, conditions, legal doctrines
Hour 3 of JJ & Alex with Jeremiah Jensen and Alex Kirry. Steve Bartle, Utah Utes insider for KSL Sports NFL Blitz: Titans say they will draft No. 1 after fielding offers Best and Worst of the Day
Cache GOP hosting leadership candidate meet and greet -- DOJ says USU is now in "substantial compliance" with settlement over handling sexual assault cases
The objective theory of contracts states that a party's intention to enter into a contract is judged by outward, objective manifestations (words and conduct) as interpreted by a reasonable person in the offeree's position, rather than the party's secret, subjective intentions. This differs from a purely subjective approach, which would focus on what the parties actually thought, potentially leading to uncertainty and difficulty in enforcement.The common law mirror image rule requires that the acceptance must precisely match the terms of the offer; any deviation constitutes a counteroffer. U.C.C. Section 2-207 modifies this for the sale of goods, particularly between merchants, by allowing a definite expression of acceptance to create a contract even with additional or different terms, unless those terms materially alter the agreement, the offer expressly limits acceptance to its terms, or the offeror objects.Valid consideration is a bargained-for exchange of legal value, where each party gives up something of legal value (a right, a promise, or an act) in exchange for something of legal value from the other party. For example, if Sarah agrees to sell her used car to John for $5,000, Sarah's promise to transfer the car and John's promise to pay the money both constitute valid consideration.Promissory estoppel, or detrimental reliance, allows a court to enforce a promise even without traditional consideration if the promisor makes a clear and unambiguous promise, the promisee reasonably and foreseeably relies on that promise to their detriment, and injustice can only be avoided by enforcing the promise. This might occur if an employer promises an employee a bonus upon retirement, and the employee retires in reliance on that promise.The typical categories of contracts falling under the Statute of Frauds include contracts for the sale of land, contracts that cannot be performed within one year, contracts in consideration of marriage, contracts to answer for the debt of another, and contracts for the sale of goods priced at $500 or more. These contracts are generally required to be in writing to prevent fraudulent claims and provide more reliable evidence of the agreement's terms given their significance or duration.Substantial performance occurs when a party has performed the essential purpose of the contract in good faith, but with minor deviations. The non-breaching party must still perform but may be entitled to damages for the minor defects. Material breach, on the other hand, is a significant failure to perform that defeats the essential purpose of the contract, allowing the non-breaching party to suspend their own performance and sue for damages.The primary goal of compensatory damages is to compensate the non-breaching party for the loss suffered as a direct result of the breach, aiming to put them in the same economic position they would have been in had the contract been fully performed. The two main types are direct damages (loss of the bargain) and consequential damages (foreseeable losses resulting from the breach). A limitation on consequential damages is that they must have been reasonably foreseeable to the breaching party at the time the contract was formed.Specific performance is an equitable remedy where a court orders the breaching party to fulfill their contractual obligations. It is typically granted only when monetary damages are inadequate to compensate the non-breaching party, such as in contracts for the sale of unique goods (e.g., rare artwork) or real estate, where each piece of property is considered unique.An intended beneficiary is a third party whom the contracting parties intended to benefit directly from the contract and has the right to enforce the contract against the promisor. An incidental beneficiary, on the other hand, is a third party who may indirectly benefit from the contract but was not the intended recipient of that benefit and does not have the right to enforce the contract.
Folks in West Tennessee are preparing for flooding as some areas are forecasted to get 10 to 15 inches of rain by the end of the week. West Tennessee River Basin Director David Blackwood explains what's being done to prepare for the potential flooding.
Today's Poll Question at Smerconish.com: Is it fair to lay substantial blame on the law firms who settled with President Trump to get off of his blacklist? Listen here to Michael's take, then vote at Smerconish.com, and please leave a rating and review of this podcast! The Daily Poll Question is a thought-provoking query each day at Smerconish.com on a political, social, or other human interest issue. Entirely non-scientific, it always begins a great conversation. Michael talks about it in this podcast each weekday.
New season? Yes, it is. Well. M Squad / Police Squad! Side-By-Side Red Rock Cider
As broadcast @ www.totallywiredradio.com Tuesday 04.03.25Hour One and Two with Ket Shah01. Marianne Solivan ft Buster Williams, Brandon Mclune & Jay Sawyer - Open The Door (Imani 2025)02. Küf Knotz & Christine Elise - Cascade (Self Released 2025)03. Uyama Hiroto ft. Substantial & Jsoul - Color of Love (Roph 2024)04. Uwade - I Wonder What We're Made Of (Ehiose / Thirty Tigers 2025)05. Angie Stone - Dinosaur (Cleopatra Conjunction Entertainment 2019)06. Kim Tibbs - The Time Is Now (Self Released 2025)07. Norihiro Tsuru - Farsighted Person (Time Capsule 2025)08. The Sure Fire Soul Ensemble - Freddie (Colemine 2025)09. Sola Rosa - Seeds (Concord 2025)10. Zacchae'us Paul & Gregoire Maret ft Cookie. & Milena Casado - Better Dayz (Candid 2024)11. Okonski - Summer Storm (Colemine 2025)12. Ella Fitzgerald - The Moment of Truth (Verve 2025)13. Bluestaeb, Melodiesinfonie & S. Fidelity - 365 P (Tre Posti) (Jakarta 2025)14. Anan - Etna (Space Echo 2025)15. S-Tone Inc. & Toco - Longe De Voce (Schema 2025)16. Subnesia ft Stine Hjelm - Nobody But You (Music For Dreams 2025)17. Marcus Odie - I'm There (ODNT World 2025)18. Lovetempo - We Can Make It Happen (Toucan 2025)19. Mamacita ft. Persona RS - Tu Amor (Double Drop Luke É Soul Re-Edit) (E Soul Cultura / Mr Bongo 2025)20. Luka ft. Kali Mija - Soft Landing (Charles Webster Mix1) (The Bliss Beyond 2025)21. Charles Petersohn ft. Roberto Di Gioia and People of Tala'aga Samoa - Children Of Zu Zu (Compost 2025)22. Late Nite City - Higher Ground (Late Nites 2025)23. Clavis ft. KUBA - Drifting (Lossless 2025)24. RAH & The Ruffcats ft King Khan - Wake Up (they are the people of the myths) (Yoruba Soul Mix) (Sonar Kollektiv 2025)25. MoBlack & Aycond - O Cajado (Extended Mix) (MoBlack 2025)26. Jo Paciello - Le Jazz (Extended Mix) (Peppermint Jam 2025)
Send us a textMatthew Shell is a versatile multi-instrumentalist, producer, engineer, and educator specializing in genres spanning from smooth jazz and relaxing instrumentals to R&B and soul.Shell's production, mixing, and engineering credits include Selina Gomez, Philip Lawrence from Bruno Mars' team, Gerald Albright, Paul Jackson Jr., Kenny McNeil, Kenny Wesley, Substantial, Ghen, Molly Moore, Lana Lubany, Collin Brooks, Tiffany Alvord, Carolyn Malachi, Marcus Johnson, DJ Flexx, Greg Adams, Jeff Lorber, and platinum selling band O.A.R., among others.Matthew's work on his own albums and for various artists have been featured numerous times on TV, radio, and in press articles, including three times on the Billboard Top 10 charts, twice featured on GRAMMY.com, and multiple times featured on FOX 5 News DC, WPGC 95.5, WTOP, WPFW 89.3, Trish Hennessey's Hybrid Jazz Radio, The Tony Kornheiser Show, and on The Maggie Linton Show on Sirius XM.In this episode Troy and Matthew discuss how he became such a versatile and unique artist. Matthews sound is eclectic. He is a master at everything that he does from his fiery guitar playing to his knack for bringing the best musicians together from all over the world to help craft one of his gems. Even as a child Matthew dreamt big. In this episode Matthew tells of a story on how he planned to make a song Beethoven even better. Matt has the uncanny ability to think out of the box. Mixing genres to together and never shying away from something different. In his songs you can hear bits for Afro Beats, R&B, Jazz, Latin, Turkish, Japanese, House, India, American Indian music and so much more. He is truly a musician of the world. What is so great about this episode is that Matt didn't shy away from getting in-depth about what went into making some of his most iconic songs. They conversed about songs that he did at the start of his career like his remake of Michael Jackson's "Rock With You" featuring extraordinary vocals of "Kenny Wesley" and "Latin Funk" with Marcus Johnson. Other songs featured are "1.99" where Matthew showcases his incredible guitar playing and Trey Eley plays the hell out of the flute. "Cherry Blossoms in Spring" featuring the Grammy Award winning musician Masa Takumi. They also premiered a new song entitled "Layers" by Naika, a new Haitian artist that is about to take the world by storm; re imagined by Matt. Of course, the episode would not be complete without highlighting some of the gems of on his new album "FM3 Every Morning" such as "Whispers In The Distance" and "Maui Sunset 3.0"So if you are looking for something new, relaxing and uplifting you should check this episode out.Listen and subscribe to the BAAS Entertainment Podcast on Spotify, Amazon Music, Apple Podcasts, Google Podcasts, Deezer, iHeartRadio, Pandora, Podchaser, Pocket Casts and TuneIn. “Hey, Alexa. Play the BAAS Entertainment Podcast.”
Stephen Grootes speaks to Paul Makube, Senior Agricultural Economist at FNB, about the promising forecast for South Africa's 2025 maize harvest, which is expected to yield 13.9 million metric tons, an 8% increase from the previous season.See omnystudio.com/listener for privacy information.
Substantial investment totals into the A.I. space headline early Monday movers: Apple (AAPL) and Alibaba (BABA). Apple pledged half a trillion dollars in U.S. expansion plans, including A.I. and Silicon innovation. Meanwhile, Chinese company Alibaba — fresh off of 52-week highs — commits to spending $52B to ramp up its A.I. and Cloud infrastructure. Kevin Green examines the big capex spending from both companies.======== Schwab Network ========Empowering every investor and trader, every market day.Subscribe to the Market Minute newsletter - https://schwabnetwork.com/subscribeDownload the iOS app - https://apps.apple.com/us/app/schwab-network/id1460719185Download the Amazon Fire Tv App - https://www.amazon.com/TD-Ameritrade-Network/dp/B07KRD76C7Watch on Sling - https://watch.sling.com/1/asset/191928615bd8d47686f94682aefaa007/watchWatch on Vizio - https://www.vizio.com/en/watchfreeplus-exploreWatch on DistroTV - https://www.distro.tv/live/schwab-network/Follow us on X – https://twitter.com/schwabnetworkFollow us on Facebook – https://www.facebook.com/schwabnetworkFollow us on LinkedIn - https://www.linkedin.com/company/schwab-network/About Schwab Network - https://schwabnetwork.com/about
Substantial changes to how it looks and plays bring 2K's golf sim within striking distance of the competition. Learn more about your ad choices. Visit podcastchoices.com/adchoices
How have conditions changed since 1970 in neighborhoods where Black residents are the largest racial or ethnic group? Mike Lens wrote a whole book on the subject: Where the Hood At? Fifty Years of Change in Black Neighborhoods. He takes the guest mic to share what he learned.Book summary: Substantial gaps exist between Black Americans and other racial and ethnic groups in the U.S., most glaringly Whites, across virtually all quality-of-life indicators. Despite strong evidence that neighborhood residence affects life outcomes, we lack a comprehensive picture of Black neighborhood conditions and how they have changed over time. In Where the Hood At? urban planning and public policy scholar Michael C. Lens examines the characteristics and trajectories of Black neighborhoods across the U.S. over the fifty years since the Fair Housing Act.Show notes:Lens, M. C. (2024). Where the Hood At? Fifty Years of Change in Black Neighborhoods. Russell Sage Foundation.Website for Lisa Belkin's book about public housing integration in Yonkers, NY, Show Me a Hero.IMDb page for the Show Me a Hero tv miniseries on HBO.Million Dollar Hoods website.Episode 52 of UCLA Housing Voice: Community Land Trusts with Annette Kim.Episode 40 of UCLA Housing Voice: Valuing Black Lives and Housing with Andre Perry.
Hour 1 of JJ & Alex with Jeremiah Jensen and Alex Kirry. Bracketology: BYU flies by Kansas, Utah teams impressing on Bracket Watch NFL salary cup to increase in back to back years Would You Rather?
Die Linke holt auf - nicht nur in Umfragen, sondern auch auf TikTok - wie groß ist also der Einfluss von TikTok auf die Wahl in Deutschland? Außerdem gibt es mehr Berichte von “Low Performern” bei Meta (Haken dran prognostizierte) und es gibt belastbare Zahlen über den Zuwachs von Hass auf X seit Musk. Und ach ja: Adolf Hitler hat einen grauen Haken auf X. ➡️ Die Studie über X seit Musk: https://www.researchgate.net/publication/388927018_X_under_Musk's_leadership_Substantial_hate_and_no_reduction_in_inauthentic_activity ➡️ n-tv über die Blaupause hinter dem Muskschen Staatsstreich: https://www.n-tv.de/wirtschaft/Diesem-Umsturz-Plan-folgt-Musks-Machtuebernahme-article25563880.html ➡️ Der tägliche Social Media-Newsletter sieben:30 von Thomas Gigold: https://sieben30.de/ ➡️ Mit der "Haken Dran"-Community ins Gespräch kommen könnt ihr am besten im Discord: [http://hakendran.org](http://www.hakendran.org)
The Blackest Super Bowl ever; Reminder: Serena MF Williams is from Compton; Stephen A. Smith will say any dumb thing for attention; a 9 hour Prince documentary that we'll never see; Mayor Eric Adams trades NYC for his freedom; Demi chats with Harlem creator Tracy Oliver about alternate endings for the final season, her secret sauce for creating great TV (and film) and what's next for Black stories in anti-DEI in Hollywood.ABOUT ME:http://www.demetrialucas.com/about/STAY CONNECTED: IG: demetriallucasTwitter: demetriallucasFB: demetriallucasYouTube: demetriallucasControl Body Odor ANYWHERE with @lumedeodorant and get 15% off with promo code JUICY at https://lumedeodorant.com! #lumepod Learn more about your ad choices. Visit podcastchoices.com/adchoices Hosted on Acast. See acast.com/privacy for more information.
The Blackest Super Bowl ever; Reminder: Serena MF Williams is from Compton; Stephen A. Smith will say any dumb thing for attention; a 9 hour Prince documentary that we'll never see; Mayor Eric Adams trades NYC for his freedom; Demi chats with Harlem creator Tracy Oliver about alternate endings for the final season, her secret sauce for creating great TV (and film) and what's next for Black stories in anti-DEI in Hollywood. ABOUT ME: http://www.demetrialucas.com/about/ STAY CONNECTED: IG: demetriallucas Twitter: demetriallucas FB: demetriallucas YouTube: demetriallucas Control Body Odor ANYWHERE with @lumedeodorant and get 15% off with promo code JUICY at https://lumedeodorant.com! #lumepod Learn more about your ad choices. Visit podcastchoices.com/adchoices
//The Wire//2300Z February 12, 2025////ROUTINE////BLUF: EXPLOSIVE ATTACK STRIKES LOCAL COMMUNITY CENTER IN GRENOBLE. PROTESTERS GREET SECDEF DURING VISIT TO EUROPE. EXPLOSION REPORTED AT BUS DEPOT IN EL PASO.// -----BEGIN TEARLINE------International Events-France: This afternoon an explosion was reported at a bar in the southeastern town of Grenoble. As this is a developing incident, few details remain confirmed. However locals on social media stated that an unknown assailant threw a hand grenade into the bar, resulting in the wounding of at least 10x people. AC: This attack took place in the old Olympic Village, which has become very heavily populated with immigrants from various Middle Eastern nations over the years, many of which have established homegrown storefronts in what traditionally would be described as residential buildings. The area that the attack took place in is only accessible by foot, and appears to be one of these improvised storefronts that does not appear on Google Maps. As such, it is possible that what is being described as a "bar" is probably an "internet cafe" that is being run out the ground floor of an apartment building that serves primarily Middle Eastern clientele; Internet cafes being extremely common features in most Arab nations, and thus usually popping up anywhere a largely Muslim diaspora settles. So far, most of the images/video from the scene indicate that at least a few victims were located in the vicinity of the rear exit door of the internet cafe at grid coordinate: 31T GL 14003 04723. This is most sharply evidenced by images of the attack site, and videos of the victims/witnesses speaking mostly Arabic. In any case French authorities have confirmed that the organized crime bureau will be handling this investigation, indicating that this may be less of a case of deliberate terrorism and more of an organized crime incident.Germany: Brief controversy was reported yesterday as SECDEF Pete Hegseth conducted a visit to American forces stationed in Europe. A small group of military spouses protested Hegseth's arrival at the U.S. Army garrison in Stuttgart. Separately, middle schoolers at the on-base Patch Middle School staged a walkout in response to Hegseth's visit. Both protest actions were carried out on base, and in opposition to the removal of all DEI initiatives across the Department of Defense.-HomeFront-California: Earlier this afternoon a US Navy aircraft crashed in San Diego Bay. Both crew members were rescued by a local fishing boat after ejecting from their E/A-18G Growler during a training flight. No word yet has been provided on the cause of the incident.Texas: Yesterday an explosion was reported at a public transportation maintenance depot at the airport in El Paso. 7x people were injured in the blast, which occurred at the Sun Metro Operations Center in the vicinity of the facilities used to perform maintenance on public buses. AC: At the moment, it's not immediately clear as to what caused the blast, but due to the context of El Paso being a sensitive location for more kinetic activities (due to the border crisis, and the growing conflict that is developing), a more thorough investigation into this incident is expected.Washington D.C. - Substantial anti-corruption efforts continue as before. The Department of Homeland Security confirmed that FEMA was able to halt the transfer of $59 million to NYC, which resulted in the firing of senior FEMA leadership yesterday.-----END TEARLINE-----Analyst Comments: While the protest at Stuttgart was small, and comprising mostly of what appears to be children and military spouses, conducting a political protest on base is a rather bold move. For those unaware of the wholly un-democratic nature of the US military, protesting DoD leadership on base is generally very unauthorized (though this does depend on the guidance set by the l
A spotlight shifts from the actions of the U.S. President to the U.S. courts. Substantial legal challenges emerge regarding the Department of Government Efficiency (DOGE) as well as competing state abortion laws. Why both issues have the potential to wind-up before the Supreme Court. SUPPORT OUR MISSION Shop our gear! If you'd like to help support SmartHER News' mission of a free, independent, nonpartisan press – here's how you can become a SCOOP insider: https://www.scoop.smarthernews.com/get-the-inside-scoop/ Instagram: https://www.instagram.com/smarthernews/ Website: https://smarthernews.com/ YouTube Channel: https://www.youtube.com/smarthernews
When it comes to retirement plans, the general rule is that you can't access funds in your retirement account(s), without penalty, until age 59 ½. If you withdraw funds prior to 59 ½, you'll get hit with a 10% penalty and income tax (if coming from a non-Roth account). But there are some instances in which you can make withdrawals penalty-free. We'll dive into this in this episode of Retire with Ryan. You will want to hear this episode if you are interested in... [0:55] Why you should hire a fee-only financial advisor [2:32] When can you access retirement accounts? [3:20] Way #1: Pay for unreimbursed medical expenses [4:18] Way #2: If you become disabled [4:53] Way #3: Pay for health insurance premiums [5:43] Way #4: Death [6:23] Way #5: Pay debt to the IRS [6:50] Way #6: First-time home buyer [7:34] Way #7: Higher education expenses [8:31] Way #8: Substantial and equal payments [9:52] Way #9: Terminal illness [10:19] Way #10: Separation of service Resources Mentioned Retirement Readiness Review Subscribe to the Retire with Ryan YouTube Channel Download my entire book for FREE Getting Emergy Money from Your 401K Breaking Down the IRS's New Finalized Regulations on Inherited Retirement Accounts Connect With Morrissey Wealth Management www.MorrisseyWealthManagement.com/contact Subscribe to Retire With Ryan
Full show: https://kNOwBETTERHIPHOP.com Artist Played: Jade Lawhon, Sincere Vega, conshus, TzariZM, Nujabes, Shing02, Alsarah and The Nubatones, DYNAS, The Altons, Arrested Development, Jahah, J Dilla, Blu, Miguel, Valerie June, De La Soul, Choklate, Vitamin D, Count Bass D, Substantial, KDFoxx, EyeQ, Shannon and The Clams, Bilal, Pete Rock, Paten Locke, Terry Callier, the sindecut and ijeoma, The Workin Class, 7X3=21, DJ Freddy Fresh, Mereba, Phife Dawg, J Dilla, Yugen Blakrok, Kanif The Jhatmaster, OutKast, GOODie MOb, IMAKEMADBEATS
Defying the "experts," this week, we survived the Global Trade War (ended the day it started) and dramatic inflationary pressure. U.S. Labor Department reported initial claims for unemployment and those claiming unemployment benefits after the initial week; Kevin has the details. Substantial change is expected in the U.S less-than-truckload sector in 2025 according to market observers and executives, Kevin has the details and offers his insights. Oil reacts to President Trump's pledge to raise U.S. crude oil production and lower oil prices, an expected rise in crude oil inventories, the U.S. Treasury imposing sanctions targeting Iran and Saudi Aramco raising March crude prices for Asian buyers.
Defying the "experts," this week, we survived the Global Trade War (ended the day it started) and dramatic inflationary pressure. U.S. Labor Department reported initial claims for unemployment and those claiming unemployment benefits after the initial week; Kevin has the details. Substantial change is expected in the U.S less-than-truckload sector in 2025 according to market observers and executives, Kevin has the details and offers his insights. Oil reacts to President Trump's pledge to raise U.S. crude oil production and lower oil prices, an expected rise in crude oil inventories, the U.S. Treasury imposing sanctions targeting Iran and Saudi Aramco raising March crude prices for Asian buyers.
Dan Deming surveys the treasury market and recent economic data. He points out a possible head & shoulders pattern in the 2-year note. He says the longer-term prospects for the U.S. dollar are “diminished” and points out the U.S. debt structure as a headwind. He also looks at coffee futures as they hit another all-time high, calling the move “substantial.” ======== Schwab Network ======== Empowering every investor and trader, every market day. Options involve risks and are not suitable for all investors. Before trading, read the Options Disclosure Document. http://bit.ly/2v9tH6D Subscribe to the Market Minute newsletter - https://schwabnetwork.com/subscribe Download the iOS app - https://apps.apple.com/us/app/schwab-network/id1460719185 Download the Amazon Fire Tv App - https://www.amazon.com/TD-Ameritrade-Network/dp/B07KRD76C7 Watch on Sling - https://watch.sling.com/1/asset/191928615bd8d47686f94682aefaa007/watch Watch on Vizio - https://www.vizio.com/en/watchfreeplus-explore Watch on DistroTV - https://www.distro.tv/live/schwab-network/ Follow us on X – https://twitter.com/schwabnetwork Follow us on Facebook – https://www.facebook.com/schwabnetwork Follow us on LinkedIn - https://www.linkedin.com/company/schwab-network/ About Schwab Network - https://schwabnetwork.com/about
Substantial evidence supports the need to limit sugar intake, leading many people to use alternative sweeteners. These range from natural options like honey and maple syrup to artificial and low-calorie sweeteners such as aspartame, stevia, and allulose. Find out how natural sweeteners compare to sugar and impact blood sugar levels. Learn about the latest research on artificial sweeteners, including recommended consumption limits and safety concerns. This episode will allow you to make an informed decision about what natural and artificial sweeteners are safe and which you may want to avoid or limit during pregnancy and breastfeeding. Thank you to our sponsors 20% off Mommy Steps or Form insoles with the promo code FEET. Studies show pregnancy can make your feet grow. In one study, 61% of participants had a measurable increase in foot length, and 22% reported going up a shoe size. The thought of going up a shoe size and having to replace every pair of shoes you own might freak you out. The good news is that wearing insoles can protect your feet from going up in size. VTech is the most trusted choice for baby monitors and North America's leading #1 baby monitor brand. The Vtech V-Care Over the Crib Smart Nursery Baby Monitor has every feature you could want in a monitor to keep an eye on your baby and have peace of mind that they are safely sleeping. The V-Care has built-in intelligence to alert you if your baby's face is covered or has rolled over on their stomach, full high-definition video, infrared night vision technology, and even analysis of sleep patterns and quality. The V-Care Over the Crib Smart Nursery Baby Monitor is exclusively available on Amazon. Read the full article and resources that accompany this episode. Join Pregnancy Podcast Premium to access the entire back catalog, listen to all episodes ad-free, get a copy of the Your Birth Plan Book, and more. Check out the 40 Weeks podcast to learn how your baby grows each week and what is happening in your body. Plus, get a heads up on what to expect at your prenatal appointments and a tip for dads and partners. For more evidence-based information, visit the Pregnancy Podcast website.
Jackie Fox, Foreign Reporter, outlines why there are growing concerns over the future funding of the International Fund for Ireland by Donald Trump's new US administration.
Who was the winner from the Prince Harry vs the Sun owner trial not making it to court. Thames Water discover that 1 in 12 in London is an illegal migrant, and who was the fashion star at the Trump inauguration?
Thank you to the sponsors of today's episode!- The Invasive Species Centre: Protecting Canada's land and water from invasive species- SAIL: The Ultimate Destination for your Outdoor Adventures- J&B Cycle and Marine: Your Home for all things powersports, boats, and equipment- Freedom Cruise Canada: Rent the boat, own the memoriesThis week on Outdoor Journal Radio, Ang and Pete are joined by Dr. Gretchen Hansen, Assistant Professor at the University of Minnesota and author of a study showing that Zebra mussels could be causing a SUBSTANTIAL rise in mercury levels in some of our favourite-eating gamefish. Topics discussed included: how mercury gets into fish; natural vs. manmade mercury; who needs to be concerned about mercury consumption; how zebra mussels are contributing to the problem; consumption advisories; and much more!To never miss an episode of Outdoor Journal Radio, be sure to like, subscribe, and leave a review on your favourite podcast app!More from Angelo and Pete:► WEBSITE► FACEBOOK► INSTAGRAM► YOUTUBE
International Bankruptcy, Restructuring, True Crime and Appeals - Court Audio Recording Podcast
1UNITED STATES BANKRUPTCY COURTSOUTHERN DISTRICT OF TEXASHOUSTON DIVISIONIn re:INTRUM AB, et al.,1Debtors.Chapter 11Case No. 24-90575 (CML)(Jointly Administered)NOTICE OF APPEALPursuant to 28 U.S.C. § 158(a) and Federal Rules of Bankruptcy Procedure 8002 and 8003,notice is hereby given that the Ad Hoc Committee of holders of 2025 notes issued by Intrum AB(the “AHC”) hereby appeals to the United States District Court for the Southern District of Texasfrom (i) the Order Denying Motion of the Ad Hoc Committee of Holders of Intrum AB Notes Due2025 to Dismiss Chapter 11 Cases Pursuant to 11 U.S.C. § 1112(b) and Federal Rule ofBankruptcy Procedure 1017(f)(1) (ECF No. 262) (the “Motion to Dismiss Order”) and (ii) theOrder (I) Approving Disclosure Statement and (II) Confirming Joint Prepackaged Chapter 11Plan of Intrum AB and Its Affiliated Debtor (Further Technical Modifications) (ECF No. 263) (the“Confirmation Order”). A copy of the Motion to Dismiss Order is attached as Exhibit A and acopy of the Confirmation Order is attached as Exhibit B. Additionally, the transcript of theBankruptcy Court's oral ruling accompanying the Motion to Dismiss Order and ConfirmationOrder (ECF No. 275) is attached as Exhibit C.Below are the names of all parties to this appeal and their respective counsel:1 The Debtors in these Chapter 11 Cases are Intrum AB and Intrum AB of Texas LLC. The Debtors'service address in these Chapter 11 Cases is 801 Travis Street, Ste 2101, #1312, Houston, TX 77002.Case 24-90575 Document 296 Filed in TXSB on 01/13/25 Page 1 of 62I. APPELLANTA. Name of Appellant:The members of the AHC include:Boundary Creek Master Fund LP; CF INT Holdings Designated Activity Company; CaiusCapital Master Fund; Diameter Master Fund LP; Diameter Dislocation Master Fund II LP; FirTree Credit Opportunity Master Fund, LP; MAP 204 Segregated Portfolio, a segregated portfolioof LMA SPC; Star V Partners LLC; and TQ Master Fund LP.Attorneys for the AHC:QUINN EMANUEL URQUHART & SULLIVAN, LLPChristopher D. Porter (SBN 24070437)Joanna D. Caytas (SBN 24127230)Melanie A. Guzman (SBN 24117175)Cameron M. Kelly (SBN 24120936)700 Louisiana Street, Suite 3900Houston, TX 77002Telephone: (713) 221-7000Facsimile: (713) 221-7100Email: chrisporter@quinnemanuel.comjoannacaytas@quinnemanuel.commelanieguzman@quinnemanuel.comcameronkelly@quinnemanuel.com-and-Benjamin I. Finestone (admitted pro hac vice)Sascha N. Rand (admitted pro hac vice)Katherine A. Scherling (admitted pro hac vice)295 5th AvenueNew York, New York 10016Telephone: (212) 849-7000Facsimile: (212) 849-7100Email: benjaminfinestone@quinnemanuel.comsascharand@quinnemanuel.comkatescherling@quinnemanuel.comB. Positions of appellant in the adversary proceeding or bankruptcy case that isthe subject of this appeal:CreditorsCase 24-90575 Document 296 Filed in TXSB on 01/13/25 Page 2 of 63II. THE SUBJECT OF THIS APPEALA. Judgment, order, or decree appealed from:The Order Denying Motion of the Ad Hoc Committee of Holders of Intrum AB Notes Due2025 to Dismiss Chapter 11 Cases Pursuant to 11 U.S.C. § 1112(b) and Federal Rule ofBankruptcy Procedure 1017(f)(1) (ECF No. 262); the Order (I) Approving Disclosure Statementand (II) Confirming Joint Prepackaged Chapter 11 Plan of Intrum AB and Its Affiliated Debtor(Further Technical Modifications) (ECF No. 263); and the December 31, 2024 Transcript of OralRuling Before the Honorable Christopher M. Lopez United States Bankruptcy Court Judge (ECFNo. 275).B. The date on which the judgment, order, or decree was entered:The Motion to Dismiss Order and the Confirmation Order were entered on December 31,2024. The Court issued its oral ruling accompanying the Motion to Dismiss Order and theConfirmation Order on December 31, 2024.III. OTHER PARTIES TO THIS APPEALIntrum AB and Intrum AB of Texas LLCMILBANK LLPDennis F. Dunne (admitted pro hac vice)Jaimie Fedell (admitted pro hac vice)55 Hudson YardsNew York, NY 10001Telephone: (212) 530-5000Facsimile: (212) 530-5219Email: ddunne@milbank.comjfedell@milbank.com–and–Andrew M. Leblanc (admitted pro hac vice)Melanie Westover Yanez (admitted pro hac vice)1850 K Street, NW, Suite 1100Washington, DC 20006Telephone: (202) 835-7500Facsimile: (202) 263-7586Email: aleblanc@milbank.commwyanez@milbank.com–and–PORTER HEDGES LLPJohn F. Higgins (SBN 09597500)Case 24-90575 Document 296 Filed in TXSB on 01/13/25 Page 3 of 64Eric D. Wade (SBN 00794802)M. Shane Johnson (SBN 24083263)1000 Main Street, 36th FloorHouston TX 77002Telephone: (713) 226-6000Facsimile: (713) 226-6248Email: jhiggins@porterhedges.comewade@porterhedges.comsjohnson@porterhedges.comIV. OTHER PARTIES THAT MAY HAVE AN INTEREST IN THIS APPEALThe following chart lists certain parties that are not parties to this appeal, but that may havean interest in the outcome of the case. These parties should be served with notice of this appealby the Debtors who are aware of their identities and best positioned to provide notice.All Other Creditors of the Debtors, Including, But Not Limited To:• Certain funds and accounts managed by BlackRock Investment Management (UK)Limited or its affiliates;• Capital Four;• Davidson Kempner European Partners, LLP;• Intermediate Capital Managers Limited;• Mandatum Asset Management Ltd;• H.I.G. Capital, LLC;• Spiltan Hograntefond; Spiltan Rantefond Sverige; and Spiltan Aktiefond Stabil;• The RCF SteerCo Group;• Swedbank AB (publ).Any Holder of Stock of the Debtors• Any holder of stock of the Debtors, including their successors and assigns.Case 24-90575 Document 296 Filed in TXSB on 01/13/25 Page 4 of 65Respectfully submitted this 13th day of January, 2025.QUINN EMANUEL URQUHART &SULLIVAN, LLP/s/ Christopher D. PorterChristopher D. Porter (SBN 24070437)Joanna D. Caytas (SBN 24127230)Melanie A. Guzman (SBN 24117175)Cameron M. Kelly (SBN 24120936)700 Louisiana Street, Suite 3900Houston, TX 77002Telephone: (713) 221-7000Facsimile: (713) 221-7100Email: chrisporter@quinnemanuel.comjoannacaytas@quinnemanuel.commelanieguzman@quinnemanuel.comcameronkelly@quinnemanuel.com-and-Benjamin I. Finestone (admitted pro hac vice)Sascha N. Rand (admitted pro hac vice)Katherine A. Scherling (admitted pro hac vice)295 5th AvenueNew York, New York 10016Telephone: (212) 849-7000Facsimile: (212) 849-7100Email: benjaminfinestone@quinnemanuel.comsascharand@quinnemanuel.comkatescherling@quinnemanuel.comCOUNSEL FOR THE AD HOC COMMITTEE OFINTRUM AB 2025 NOTEHOLDERSCase 24-90575 Document 296 Filed in TXSB on 01/13/25 Page 5 of 6CERTIFICATE OF SERVICEI, Christopher D. Porter, hereby certify that on the 13th day of January, 2025, a copy ofthe foregoing document has been served via the Electronic Case Filing System for the UnitedStates Bankruptcy Court for the Southern District of Texas./s/ Christopher D. PorterBy: Christopher D. PorterCase 24-90575 Document 296 Filed in TXSB on 01/13/25 Page 6 of 6EXHIBIT ACase 24-90575 Document 296-1 Filed in TXSB on 01/13/25 Page 1 of 31IN THE UNITED STATES BANKRUPTCY COURTFOR THE SOUTHERN DISTRICT OF TEXASHOUSTON DIVISION)In re: ) Chapter 11)Intrum AB, et al.,1 ) Case No. 24-90575 (CML)))Jointly AdministeredDebtors. ))ORDER DENYING MOTION OF THE AD HOCCOMMITTEE OF HOLDERS OF INTRUM AB NOTES DUE 2025TO DISMISS CHAPTER 11 CASES PURSUANT TO 11 U.S.C. § 1112(B) ANDFEDERAL RULE OF BANKRUPTCY PROCEDURE 1017(F)(1)(Related to Docket No. 27)This matter, having come before the Court upon the Motion of the Ad Hoc Committee ofHolders of Intrum AB Notes Due 2025 to Dismiss Chapter 11 Cases Pursuant to 11 U.S.C. §1112(b) and Federal Rule of Bankruptcy Procedure 1017(f)(1) [Docket No. 27] (the “Motion toDismiss”); and this Court having considered the Debtors' Objection to the Motion of the Ad HocCommittee of Holders of Intrum AB Notes Due 2025 to Dismiss Chapter 11 Cases Pursuant to 11U.S.C. § 1112(b) and Federal Rule of Bankruptcy Procedure 1017(f)(1) (the “Objection”) andany other responses or objections to the Motion to Dismiss; and this Court having jurisdiction overthis matter pursuant to 28 U.S.C. § 1334 and the Amended Standing Order; and this Court havingfound that this is a core proceeding pursuant to 28 U.S.C. § 157(b)(2); and this Court having foundthat it may enter a final order consistent with Article III of the United States Constitution; and thisCourt having found that the relief requested in the Objection is in the best interests of the Debtors'1 The Debtors in these Chapter 11 Cases are Intrum AB and Intrum AB of Texas LLC. The Debtors' serviceaddress in these Chapter 11 Cases is 801 Travis Street, STE 2101, #1312, Houston, TX 77002.United States Bankruptcy CourtSouthern District of TexasENTEREDDecember 31, 2024Nathan Ochsner, ClerkCCaassee 2 244-9-900557755 D Dooccuummeennt t2 29662-1 F Filieledd i nin T TXXSSBB o onn 1 021/3/113/2/245 P Paaggee 1 2 o of f2 32estates; and this Court having found that the Debtors' notice of the Objection and opportunity fora hearing on the Motion to Dismiss and Objection were appropriate and no other notice need beprovided; and this Court having reviewed the Motion to Dismiss and Objection and havingheard the statements in support of the relief requested therein at a hearing before this Court; andthis Court having determined that the legal and factual bases set forth in the Objectionestablish just cause for the relief granted herein; and upon all of the proceedings had beforethis Court; and after due deliberation and sufficient cause appearing therefor, it is HEREBYORDERED THAT:1. The Motion to Dismiss is Denied for the reasons stated at the December 31, 2024 hearing.2. This Court retains exclusive jurisdiction and exclusive venue with respect to allmatters arising from or related to the implementation, interpretation, and enforcement of this Order.DAeucegmubste 0r 23,1 2, 0210294CCaassee 2 244-9-900557755 D Dooccuummeennt t2 29662-1 F Filieledd i nin T TXXSSBB o onn 1 021/3/113/2/245 P Paaggee 2 3 o of f2 3EXHIBIT BCase 24-90575 Document 296-2 Filed in TXSB on 01/13/25 Page 1 of 135IN THE UNITED STATES BANKRUPTCY COURTFOR THE SOUTHERN DISTRICT OF TEXASHOUSTON DIVISION)In re: ) Chapter 11)Intrum AB et al.,1 ) Case No. 24-90575 (CML)))(Jointly Administered)Debtors. ))ORDER (I) APPROVINGDISCLOSURE STATEMENT AND(II) CONFIRMING JOINT PREPACKAGED CHAPTER 11PLAN OF INTRUM AB AND ITS AFFILIATEDDEBTOR (FURTHER TECHNICAL MODIFICATIONS)The above-captioned debtors and debtors in possession (collectively, the“Debtors”), having:a. entered into that certain Lock-Up Agreement, dated as of July 10, 2024 (asamended and restated on August 15, 2024, and as further modified,supplemented, or otherwise amended from time to time in accordance with itsterms, the “the Lock-Up Agreement”) and that certain Backstop Agreement,dated as of July 10, 2024, (as amended and restated on November 15, 2024 andas further modified, supplemented, or otherwise amended from time to time inaccordance with its terms), setting out the terms of the backstop commitmentsprovided by the Backstop Providers to backstop the entirety of the issuance ofNew Money Notes (as may be further amended, restated, amended and restated,modified or supplemented from time to time in accordance with the termsthereof, the “Backstop Agreement”) which set forth the terms of a consensualfinancial restructuring of the Debtors;b. commenced, on October 17, 2024, a prepetition solicitation (the “Solicitation”)of votes on the Joint Prepackaged Chapter 11 Plan of Reorganization of IntrumAB and its Debtor Affiliate Pursuant to Chapter 11 of the Bankruptcy Code (asthe same may be further amended, modified and supplemented from time totime, the “Plan”), by causing the transmittal, through their solicitation andballoting agent, Kroll Restructuring Administration LLC (“Kroll”), to theholders of Claims entitled to vote on the Plan of, among other things: (i) the1 The Debtors in these chapter 11 cases are Intrum AB and Intrum AB of Texas LLC. The Debtors' serviceaddress in these chapter 11 cases is 801 Travis Street, STE 2102, #1312, Houston, TX 77002.United States Bankruptcy CourtSouthern District of TexasENTEREDDecember 31, 2024Nathan Ochsner, ClerkCCaassee 2 244-9-900557755 D Dooccuummeennt t2 29663-2 F Filieledd i nin T TXXSSBB o onn 1 021/3/113/2/245 P Paaggee 1 2 o of f1 133452Plan, (ii) the Disclosure Statement for Joint Prepackaged Chapter 11 Plan ofReorganization of Intrum AB and its Debtor Affiliate (as the same may befurther amended, modified and supplemented from time to time, the“Disclosure Statement”), and (iii) the Ballots and Master Ballot to vote on thePlan (the “Ballots”), (iv) the Affidavit of Service of Solicitation Materials[Docket No. 7];c. commenced on November 15, 2024 (the “Petition Date”), these chapter 11 cases(these “Chapter 11 Cases”) by filing voluntary petitions in the United StatesBankruptcy Court for the Southern District of Texas (the “Bankruptcy Court”or the “Court”) for relief under chapter 11 of title 11 of the United States Code(the “Bankruptcy Code”);d. Filed on November 15, 2024, the Affidavit of Service of Solicitation Materials[Docket No. 7] (the “Solicitation Affidavit”);e. Filed, on November 16, 2024 the Joint Prepackaged Chapter 11 Plan ofReorganization of Intrum AB and its Debtor Affiliate Pursuant to Chapter 11of the Bankruptcy Code (Technical Modifications) [Docket No. 16] and theDisclosure Statement for Joint Prepackaged Chapter 11 Plan of Intrum AB andits Debtor Affiliate [Docket No. 17];f. Filed on November 16, 2024, the Declaration of Andrés Rubio in Support of ofthe Debtors' Chapter 11 Petitions and First Day Motions [Docket No. 14] (the“First Day Declaration”);g. Filed on November 17, 2024, the Declaration of Alex Orchowski of KrollRestructuring Administration LLC Regarding the Solicitation of Votes andTabulation of Ballots Case on the Joint Prepackaged Chapter 11 Plan ofReorganization of Intrum AB and its Debtor Affiliate Pursuant to Chapter 11of the Bankruptcy Code [Docket No. 18] (the “Voting Declaration,” andtogether with the Plan, the Disclosure Statement, the Ballots, and theSolicitation Affidavit, the “Solicitation Materials”);h. obtained, on November 19, 2024, the Order(I) Scheduling a Combined Hearingon (A) Adequacy of the Disclosure Statement and (B) Confirmation of the Plan,(II) Approving Solicitation Procedures and Form and Manner of Notice ofCommencement, Combined Hearing, and Objection Deadline, (III) FixingDeadline to Object to Disclosure Statement and Plan, (IV) Conditionally (A)Directing the United States Trustee Not to Convene Section 341 Meeting ofCreditors and (B) Waiving Requirement to File Statements of Financial Affairsand Schedules of Assets and Liabilities, and (V) Granting Related Relief[Docket No. 71] (the “Scheduling Order”), which, among other things: (i)approved the prepetition solicitation and voting procedures, including theConfirmation Schedule (as defined therein); (ii) conditionally approved theDisclosure Statement and its use in the Solicitation; and (iii) scheduled theCombined Hearing on December 16, 2024, at 1:00 p.m. (prevailing CentralCCaassee 2 244-9-900557755 D Dooccuummeennt t2 29663-2 F Filieledd i nin T TXXSSBB o onn 1 021/3/113/2/245 P Paaggee 2 3 o of f1 133453Time) to consider the final approval of the Disclosure Statement and theconfirmation of the Plan (the “Combined Hearing”);i. served, through Kroll, on November 20, 2025, on all known holders of Claimsand Interests, the U.S. Trustee and certain other parties in interest, the Noticeof: (I) Commencement of Chapter 11 Bankruptcy Cases; (II) Hearing on theDisclosure Statement and Confirmation of the Plan, and (III) Certain ObjectionDeadlines (the “Combined Hearing Notice”) as evidence by the Affidavit ofService [Docket No. 160];j. caused, on November 25 and 27, 2024, the Combined Hearing Notice to bepublished in the New York Times (national and international editions) and theFinancial Times (international edition), as evidenced by the Certificate ofPublication [Docket No. 148];k. Filed and served, on December 10, 2024, the Plan Supplement for the Debtors'Joint Prepackaged Chapter 11 Plan of Reorganization [Docket 165];l. Filed on December 10, 2024, the Declaration of Jeffrey Kopa in Support ofConfirmation of the Joint Prepackaged Plan of Reorganization of Intrum ABand its Debtor Affiliate Pursuant to Chapter 11 of the Bankruptcy Code [DocketNo. 155];m. Filed on December 14, 2024, the:i. Debtors' Memorandum of Law in Support of an Order: (I) Approving, on aFinal Basis, Adequacy of the Disclosure Statement; (II) Confirming theJoint Prepackaged Plan of Reorganization; and (III) Granting Related Relief[Docket No. 190] (the “Confirmation Brief”);ii. Declaration of Andrés Rubio in Support of Confirmation of the JointPrepackaged Plan of Reorganization of Intrum AB and its Debtor Affiliate.[Docket No. 189] (the “Confirmation Declaration”); andiii. Joint Prepackaged Chapter 11 Plan of Reorganization of Intrum AB and itsDebtor Affiliate Pursuant to Chapter 11 of the Bankruptcy Code (FurtherTechnical Modifications) [Docket No. 191];n. Filed on December 18, 2024, the Joint Prepackaged Chapter 11 Plan ofReorganization of Intrum AB and its Debtor Affiliate Pursuant to Chapter 11of the Bankruptcy Code (Further Technical Modifications) [Docket No. 223];CCaassee 2 244-9-900557755 D Dooccuummeennt t2 29663-2 F Filieledd i nin T TXXSSBB o onn 1 021/3/113/2/245 P Paaggee 3 4 o of f1 133454WHEREAS, the Court having, among other things:a. set December 12, 2024, at 4:00 p.m. (prevailing Central Time) as the deadlinefor Filing objection to the adequacy of the Disclosure Statement and/orConfirmation2 of the Plan (the “Objection Deadline”);b. held, on December 16, 2024 at 1:00 p.m. (prevailing Central Time) [andcontinuing through December 17, 2024], the Combined Hearing;c. heard the statements, arguments, and any objections made at the CombinedHearing;d. reviewed the Disclosure Statement, the Plan, the Ballots, the Plan Supplement,the Confirmation Brief, the Confirmation Declaration, the SolicitationAffidavit, and the Voting Declaration;e. overruled (i) any and all objections to approval of the Disclosure Statement, thePlan, and Confirmation, except as otherwise stated or indicated on the record,and (ii) all statements and reservations of rights not consensually resolved orwithdrawn, unless otherwise indicated; andf. reviewed and taken judicial notice of all the papers and pleadings Filed(including any objections, statement, joinders, reservations of rights and otherresponses), all orders entered, and all evidence proffered or adduced and allarguments made at the hearings held before the Court during the pendency ofthese cases;NOW, THEREFORE, it appearing to the Bankruptcy Court that notice of theCombined Hearing and the opportunity for any party in interest to object to the DisclosureStatement and the Plan having been adequate and appropriate as to all parties affected or to beaffected by the Plan and the transactions contemplated thereby, and the legal and factual bases setforth in the documents Filed in support of approval of the Disclosure Statement and Confirmationand other evidence presented at the Combined Hearing establish just cause for the relief grantedherein; and after due deliberation thereon and good cause appearing therefor, the BankruptcyCourt makes and issues the following findings of fact and conclusions of law, and orders for thereasons stated on the record at the December 31, 2024 ruling on plan confirmation;2 Capitalized terms used but not otherwise defined herein have meanings given to them in the Plan and/or theDisclosure Statement. The rules of interpretation set forth in Article I.B of the Plan apply to this CombinedOrder.CCaassee 2 244-9-900557755 D Dooccuummeennt t2 29663-2 F Filieledd i nin T TXXSSBB o onn 1 021/3/113/2/245 P Paaggee 4 5 o of f1 133455I. FINDINGS OF FACT AND CONCLUSIONS OF LAWIT IS HEREBY FOUND AND DETERMINED THAT:A. Findings of Fact and Conclusions of Law.1. The findings and conclusions set forth herein and in the record of theCombined Hearing constitute the Bankruptcy Court's findings of fact and conclusions of law underRule 52 of the Federal Rules of Civil Procedure, as made applicable herein by Bankruptcy Rules7052 and 9014. To the extent any of the following conclusions of law constitute findings of fact,or vice versa, they are adopted as such.B. Jurisdiction, Venue, Core Proceeding.2. This Court has jurisdiction over these Chapter 11 Cases pursuant to28 U.S.C. § 1334. Venue of these proceedings and the Chapter 11 Cases in this district is properpursuant to 28 U.S.C. §§ 1408 and 1409. This is a core proceeding pursuant to 28 U.S.C.§ 157(b)(2) and this Court may enter a final order hereon under Article III of the United StatesConstitution.C. Eligibility for Relief.3. The Debtors were and continue to be entities eligible for relief under section109 of the Bankruptcy Code and the Debtors were and continue to be proper proponents of thePlan under section 1121(a) of the Bankruptcy Code.D. Commencement and Joint Administration of the Chapter 11 Cases.4. On the Petition Date, the Debtors commenced the Chapter 11 Cases. OnNovember 18, 2024, the Court entered an order [Docket No. 51] authorizing the jointadministration of the Chapter 11 Case in accordance with Bankruptcy Rule 1015(b). The Debtorshave operated their businesses and managed their properties as debtors in possession pursuant toCCaassee 2 244-9-900557755 D Dooccuummeennt t2 29663-2 F Filieledd i nin T TXXSSBB o onn 1 021/3/113/2/245 P Paaggee 5 6 o of f1 133456sections 1107(a) and 1108 of the Bankruptcy Code. No trustee, examiner, or statutory committeehas been appointed in these Chapter 11 Cases.E. Adequacy of the Disclosure Statement.5. The Disclosure Statement and the exhibits contained therein (i) containssufficient information of a kind necessary to satisfy the disclosure requirements of applicablenonbankruptcy laws, rules and regulations, including the Securities Act; and (ii) contains“adequate information” as such term is defined in section 1125(a)(1) and used in section1126(b)(2) of the Bankruptcy Code, with respect to the Debtors, the Plan and the transactionscontemplated therein. The Filing of the Disclosure Statement satisfied Bankruptcy Rule 3016(b).The injunction, release, and exculpation provisions in the Plan and the Disclosure Statementdescribe, in bold font and with specific and conspicuous language, all acts to be enjoined andidentify the Entities that will be subject to the injunction, thereby satisfying Bankruptcy Rule3016(c).F. Solicitation.6. As described in and evidenced by the Voting Declaration, the Solicitationand the transmittal and service of the Solicitation Materials were: (i) timely, adequate, appropriate,and sufficient under the circumstances; and (ii) in compliance with sections 1125(g) and 1126(b)of the Bankruptcy Code, Bankruptcy Rules 3017 and 3018, the applicable Local Bankruptcy Rules,the Scheduling Order and all applicable nonbankruptcy rules, laws, and regulations applicable tothe Solicitation, including the registration requirements under the Securities Act. The SolicitationMaterials, including the Ballots and the Opt Out Form (as defined below), adequately informedthe holders of Claims entitled to vote on the Plan of the procedures and deadline for completingand submitting the Ballots.CCaassee 2 244-9-900557755 D Dooccuummeennt t2 29663-2 F Filieledd i nin T TXXSSBB o onn 1 021/3/113/2/245 P Paaggee 6 7 o of f1 1334577. The Debtors served the Combined Hearing Notice on the entire creditormatrix and served the Opt Out Form on all Non-Voting Classes. The Combined Hearing Noticeadequately informed Holders of Claims or Interests of critical information regarding voting on (ifapplicable) and objecting to the Plan, including deadlines and the inclusion of release, exculpation,and injunction provisions in the Plan, and adequately summarized the terms of the Third-PartyRelease. Further, because the form enabling stakeholders to opt out of the Third-Party Release (the“Opt Out Form”) was included in both the Ballots and the Opt Out Form, every known stakeholder,including unimpaired creditors was provided with the means by which the stakeholders could optout of the Third-Party Release. No further notice is required. The period for voting on the Planprovided a reasonable and sufficient period of time and the manner of such solicitation was anappropriate process allowing for such holders to make an informed decision.G. Tabulation.8. As described in and evidenced by the Voting Declaration, (i) the holders ofClaims in Class 3 (RCF Claims) and Class 5 (Notes Claims) are Impaired under the Plan(collectively, the “Voting Classes”) and have voted to accept the Plan in the numbers and amountsrequired by section 1126 of the Bankruptcy Code, and (ii) no Class that was entitled to vote on thePlan voted to reject the Plan. All procedures used to tabulate the votes on the Plan were in goodfaith, fair, reasonable, and conducted in accordance with the applicable provisions of theBankruptcy Code, the Bankruptcy Rules, the Local Rules, the Disclosure Statement, theScheduling Order, and all other applicable nonbankruptcy laws, rules, and regulations.H. Plan Supplement.9. On December 10, 2024, the Debtors Filed the Plan Supplement with theCourt. The Plan Supplement (including as subsequently modified, supplemented, or otherwiseCCaassee 2 244-9-900557755 D Dooccuummeennt t2 29663-2 F Filieledd i nin T TXXSSBB o onn 1 021/3/113/2/245 P Paaggee 7 8 o of f1 133458amended pursuant to a filing with the Court), complies with the terms of the Plan, and the Debtorsprovided good and proper notice of the filing in accordance with the Bankruptcy Code, theBankruptcy Rules, the Scheduling Order, and the facts and circumstances of the Chapter 11 Cases.All documents included in the Plan Supplement are integral to, part of, and incorporated byreference into the Plan. No other or further notice is or will be required with respect to the PlanSupplement. Subject to the terms of the Plan and the Lock-Up Agreement, and only consistenttherewith, the Debtors reserve the right to alter, amend, update, or modify the Plan Supplementand any of the documents contained therein or related thereto, in accordance with the Plan, on orbefore the Effective Date.I. Modifications to the Plan.10. Pursuant to section 1127 of the Bankruptcy Code, the modifications to thePlan described or set forth in this Combined Order constitute technical or clarifying changes,changes with respect to particular Claims by agreement with holders of such Claims, ormodifications that do not otherwise materially and adversely affect or change the treatment of anyother Claim or Interest under the Plan. These modifications are consistent with the disclosurespreviously made pursuant to the Disclosure Statement and Solicitation Materials, and notice ofthese modifications was adequate and appropriate under the facts and circumstances of the Chapter11 Cases. In accordance with Bankruptcy Rule 3019, these modifications do not require additionaldisclosure under section 1125 of the Bankruptcy Code or the resolicitation of votes under section1126 of the Bankruptcy Code, and they do not require that holders of Claims or Interests beafforded an opportunity to change previously cast acceptances or rejections of the Plan.Accordingly, the Plan is properly before this Court and all votes cast with respect to the Plan priorto such modification shall be binding and shall apply with respect to the Plan.CCaassee 2 244-9-900557755 D Dooccuummeennt t2 29663-2 F Filieledd i nin T TXXSSBB o onn 1 021/3/113/2/245 P Paaggee 8 9 o of f1 133459J. Objections Overruled.11. Any resolution or disposition of objections to Confirmation explained orotherwise ruled upon by the Court on the record at the Confirmation Hearing is herebyincorporated by reference. All unresolved objections, statements, joinders, informal objections,and reservations of rights are hereby overruled on the merits.K. Burden of Proof.12. The Debtors, as proponents of the Plan, have met their burden of provingthe elements of sections 1129(a) and 1129(b) of the Bankruptcy Code by a preponderance of theevidence, the applicable evidentiary standard for Confirmation. Further, the Debtors have proventhe elements of sections 1129(a) and 1129(b) by clear and convincing evidence. Each witness whotestified on behalf of the Debtors in connection with the Confirmation Hearing was credible,reliable, and qualified to testify as to the topics addressed in his testimony.L. Compliance with the Requirements of Section 1129 of the BankruptcyCode.13. The Plan complies with all applicable provisions of section 1129 of theBankruptcy Code as follows:a. Section 1129(a)(1) – Compliance of the Plan with Applicable Provisions of theBankruptcy Code.14. The Plan complies with all applicable provisions of the Bankruptcy Code,including sections 1122 and 1123, as required by section 1129(a)(1) of the Bankruptcy Code.i. Section 1122 and 1123(a)(1) – Proper Classification.15. The classification of Claims and Interests under the Plan is proper under theBankruptcy Code. In accordance with sections 1122(a) and 1123(a)(1) of the Bankruptcy Code,Article III of the Plan provides for the separate classification of Claims and Interests at each Debtorinto Classes, based on differences in the legal nature or priority of such Claims and Interests (otherCaCsaes e2 42-49-09507557 5 D oDcoucmumenetn 2t 9266-32 FFiilleedd iinn TTXXSSBB oonn 1021//3113//2245 PPaaggee 91 0o fo 1f 3143510than Administrative Claims, Professional Fee Claims, and Priority Tax Claims, which areaddressed in Article II of the Plan and Unimpaired, and are not required to be designated asseparate Classes in accordance with section 1123(a)(1) of the Bankruptcy Code). Valid business,factual, and legal reasons exist for the separate classification of the various Classes of Claims andInterests created under the Plan, the classifications were not implemented for any improperpurpose, and the creation of such Classes does not unfairly discriminate between or among holdersof Claims or Interests.16. In accordance with section 1122(a) of the Bankruptcy Code, each Class ofClaims or Interests contains only Claims or Interests substantially similar to the other Claims orInterests within that Class. Accordingly, the Plan satisfies the requirements of sections 1122(a),1122(b), and 1123(a)(1) of the Bankruptcy Codeii. Section 1123(a)(2) – Specifications of Unimpaired Classes.17. Article III of the Plan specifies that Claims and Interests in the classesdeemed to accept the Plan are Unimpaired under the Plan. Holders of Intercompany Claims andIntercompany Interests are either Unimpaired and conclusively presumed to have accepted thePlan, or are Impaired and deemed to reject (the “Deemed Rejecting Classes”) the Plan, and, ineither event, are not entitled to vote to accept or reject the Plan. In addition, Article II of the Planspecifies that Administrative Claims and Priority Tax Claims are Unimpaired, although the Plandoes not classify these Claims. Accordingly, the Plan satisfies the requirements of section1123(a)(2) of the Bankruptcy Code.CCaassee 2 244-9-900557755 D Dooccuummeennt t2 29663-2 F Fileiledd i nin T TXXSSBB o onn 1 021/3/113/2/245 P Paaggee 1 101 o of f1 1334511iii. Section 1123(a)(3) – Specification of Treatment of Voting Classes18. Article III.B of the Plan specifies the treatment of each Voting Class underthe Plan – namely, Class 3 and Class 5. Accordingly, the Plan satisfies the requirements of section1123(a)(3) of the Bankruptcy Code.iv. Section 1123(a)(4) – No Discrimination.19. Article III of the Plan provides the same treatment to each Claim or Interestin any particular Class, as the case may be, unless the holder of a particular Claim or Interest hasagreed to a less favorable treatment with respect to such Claim or Interest. Accordingly, the Plansatisfies the requirements of section 1123(a)(4) of the Bankruptcy Code.v. Section 1123(a)(5) – Adequate Means for Plan Implementation.20. The Plan and the various documents included in the Plan Supplementprovide adequate and proper means for the Plan's execution and implementation, including: (a)the general settlement of Claims and Interests; (b) the restructuring of the Debtors' balance sheetand other financial transactions provided for by the Plan; (c) the consummation of the transactionscontemplated by the Plan, the Lock-Up Agreement, the Restructuring Implementation Deed andthe Agreed Steps Plan and other documents Filed as part of the Plan Supplement; (d) the issuanceof Exchange Notes, the New Money Notes, and the Noteholder Ordinary Shares pursuant to thePlan; (e) the amendment of the Intercreditor Agreement; (f) the amendment of the FacilityAgreement; (g) the amendment of the Senior Secured Term Loan Agreement; (h) theconsummation of the Rights Offering in accordance with the Plan, Rights Offering Documentsand the Lock-Up Agreement; (i) the granting of all Liens and security interests granted orconfirmed (as applicable) pursuant to, or in connection with, the Facility Agreement, the ExchangeNotes Indenture, the New Money Notes Indenture, the amended Intercreditor Agreement and theCCaassee 2 244-9-900557755 D Dooccuummeennt t2 29663-2 F Fileiledd i nin T TXXSSBB o onn 1 021/3/113/2/245 P Paaggee 1 112 o of f1 1334512Senior Secured Term Loan Agreement pursuant to the New Security Documents (including anyLiens and security interests granted or confirmed (as applicable) on the Reorganized Debtors'assets); (j) the vesting of the assets of the Debtors' Estates in the Reorganized Debtors; (k) theconsummation of the corporate reorganization contemplated by the Plan, the Lock-Up Agreement,the Agreed Steps Plan and the Master Reorganization Agreement (as defined in the RestructuringImplementation Deed); and (l) the execution, delivery, filing, or recording of all contracts,instruments, releases, and other agreements or documents in furtherance of the Plan. Accordingly,the Plan satisfies the requirements of section 1123(a)(5) of the Bankruptcy Codevi. Section 1123(a)(6) – Non-Voting Equity Securities.21. The Company's organizational documents in accordance with the SwedishCompanies Act, Ch. 4, Sec 5 and the Plan prohibit the issuance of non-voting securities as of theEffective Date to the extent required to comply with section 1123(a)(6) of the Bankruptcy Code.Accordingly, the Plan satisfies the requirements of section 1123(a)(6) of the Bankruptcy Code.vii. Section 1123(a)(7) – Directors, Officers, and Trustees.22. The manner of selection of any officer, director, or trustee (or any successorto and such officer, director, or trustee) of the Reorganized Debtors will be determined inaccordance with the existing organizational documents, which is consistent with the interests ofcreditors and equity holders and with public policy. Accordingly, the Plan satisfies therequirements of section 1123(a)(7) of the Bankruptcy Code.b. Section 1123(b) – Discretionary Contents of the Plan23. The Plan contains various provisions that may be construed as discretionarybut not necessary for Confirmation under the Bankruptcy Code. Any such discretionary provisionCCaassee 2 244-9-900557755 D Dooccuummeennt t2 29663-2 F Fileiledd i nin T TXXSSBB o onn 1 021/3/113/2/245 P Paaggee 1 123 o of f1 1334513complies with section 1123(b) of the Bankruptcy Code and is not inconsistent with the applicableprovisions of the Bankruptcy Code. Thus, the Plan satisfies section 1123(b).i. Section 1123(b)(1) – Impairment/Unimpairment of Any Class of Claims orInterests24. Article III of the Plan impairs or leaves unimpaired, as the case may be,each Class of Claims or Interests, as contemplated by section 1123(b)(1) of the Bankruptcy Code.ii. Section 1123(b)(2) – Assumption and Rejection of Executory Contracts andUnexpired Leases25. Article V of the Plan provides for the assumption of the Debtors' ExecutoryContracts and Unexpired Leases as of the Effective Date unless such Executory Contract orUnexpired Lease: (a) is identified on the Rejected Executory Contract and Unexpired Lease List;(b) has been previously rejected by a Final Order; (c) is the subject of a motion to reject ExecutoryContracts or Unexpired Leases that is pending on the Confirmation Date; or (4) is subject to amotion to reject an Executory Contract or Unexpired Lease pursuant to which the requestedeffective date of such rejection is after the Effective Date. Thus, the Plan satisfies section1123(b)(2).iii. Compromise and Settlement26. In accordance with section 1123(b)(3)(A) of the Bankruptcy Code andBankruptcy Rule 9019, and in consideration for the distributions and other benefits provided underthe Plan, the provisions of the Plan constitute a good-faith compromise of all Claims, Interests,and controversies relating to the contractual, legal, and subordination rights that all holders ofClaims or Interests may have with respect to any Allowed Claim or Interest or any distribution tobe made on account of such Allowed Claim or Interest. Such compromise and settlement is theproduct of extensive arm's-length, good faith negotiations that, in addition to the Plan, resulted inCCaassee 2 244-9-900557755 D Dooccuummeennt t2 29663-2 F Fileiledd i nin T TXXSSBB o onn 1 021/3/113/2/245 P Paaggee 1 134 o of f1 1334514the execution of the Lock-Up Agreement, which represents a fair and reasonable compromise ofall Claims, Interests, and controversies and entry into which represented a sound exercise of theDebtors' business judgment. Such compromise and settlement is fair, equitable, and reasonableand in the best interests of the Debtors and their Estates.27. The releases of the Debtors' directors and officers are an integral componentof the settlements and compromises embodied in the Plan. The Debtors' directors and officers: (a)made a substantial and valuable contribution to the Debtors' restructuring, including extensive preandpost-Petition Date negotiations with stakeholder groups, and ensured the uninterruptedoperation of the Debtors' businesses during the Chapter 11 Cases; (b) invested significant timeand effort to make the restructuring a success and maximize the value of the Debtors' businessesin a challenging operating environment; (c) attended and, in certain instances, testified atdepositions and Court hearings; (d) attended and participated in numerous stakeholder meetings,management meetings, and board meetings related to the restructuring; (e) are entitled toindemnification from the Debtors under applicable non-bankruptcy law, organizationaldocuments, and agreements; (f) invested significant time and effort in the preparation of the Lock-Up Agreement, the Plan, Disclosure Statement, all supporting analyses, and the numerous otherpleadings Filed in the Chapter 11 Cases, thereby ensuring the smooth administration of the Chapter11 Cases; and (g) are entitled to all other benefits under any employment contracts existing as ofthe Petition Date. Litigation by the Debtors or other Releasing Parties against the Debtors'directors and officers would be a distraction to the Debtors' business and restructuring and woulddecrease rather than increase the value of the estates. The releases of the Debtors' directors andofficers contained in the Plan have the consent of the Debtors and the Releasing Parties and are inthe best interests of the estates.CCaassee 2 244-9-900557755 D Dooccuummeennt t2 29663-2 F Fileiledd i nin T TXXSSBB o onn 1 021/3/113/2/245 P Paaggee 1 145 o of f1 1334515iv. Debtor Release28. The releases of claims and Causes of Action by the Debtors, ReorganizedDebtors, and their Estates described in Article VIII.C of the Plan in accordance with section1123(b) of the Bankruptcy Code (the “Debtor Release”) represent a valid exercise of the Debtors'business judgment under Bankruptcy Rule 9019. The Debtors' or the Reorganized Debtors' pursuitof any such claims against the Released Parties is not in the best interests of the Estates' variousconstituencies because the costs involved would outweigh any potential benefit from pursuingsuch claims. The Debtor Release is fair and equitable and complies with the absolute priority rule.29. The Debtor Release is (a) an integral part of the Plan, and a component ofthe comprehensive settlement implemented under the Plan; (b) in exchange for the good andvaluable consideration provided by the Released Parties; (c) a good faith settlement andcompromise of the claims and Causes of Action released by the Debtor Release; (d) materiallybeneficial to, and in the best interests of, the Debtors, their Estates, and their stakeholders, and isimportant to the overall objectives of the Plan to finally resolve certain Claims among or againstcertain parties in interest in the Chapter 11 Cases; (e) fair, equitable, and reasonable; (f) given andmade after due notice and opportunity for hearing; and (g) a bar to any Debtor asserting any claimor Cause of Action released by the Debtor Release against any of the Released Parties. Theprobability of success in litigation with respect to the released claims and Causes of Action, whenweighed against the costs, supports the Debtor Release. With respect to each of these potentialCauses of Action, the parties could assert colorable defenses and the probability of success isuncertain. The Debtors' or the Reorganized Debtors' pursuit of any such claims or Causes ofAction against the Released Parties is not in the best interests of the Estates or the Debtors' variousCCaassee 2 244-9-900557755 D Dooccuummeennt t2 29663-2 F Fileiledd i nin T TXXSSBB o onn 1 021/3/113/2/245 P Paaggee 1 156 o of f1 1334516constituencies because the costs involved would likely outweigh any potential benefit frompursuing such claims or Causes of Action30. Holders of Claims and Interests entitled to vote have overwhelmingly votedin favor of the Plan, including the Debtor Release. The Plan, including the Debtor Release, wasnegotiated before and after the Petition Date by sophisticated parties represented by able counseland advisors, including the Consenting Creditors. The Debtor Release is therefore the result of ahard fought and arm's-length negotiation process conducted in good faith.31. The Debtor Release appropriately offers protection to parties thatparticipated in the Debtors' restructuring process, including the Consenting Creditors, whoseparticipation in the Chapter 11 Cases is critical to the Debtors' successful emergence frombankruptcy. Specifically, the Released Parties, including the Consenting Creditors, madesignificant concessions and contributions to the Chapter 11 Cases, including, entering into theLock-Up Agreement and related agreements, supporting the Plan and the Chapter 11 Cases, andwaiving or agreeing to impair substantial rights and Claims against the Debtors under the Plan (aspart of the compromises composing the settlement underlying the revised Plan) in order tofacilitate a consensual reorganization and the Debtors' emergence from chapter 11. The DebtorRelease for the Debtors' directors and officers is appropriate because the Debtors' directors andofficers share an identity of interest with the Debtors and, as previously stated, supported and madesubstantial contributions to the success of the Plan, the Chapter 11 Cases, and operation of theDebtors' business during the Chapter 11 Cases, actively participated in meetings, negotiations, andimplementation during the Chapter 11 Cases, and have provided other valuable consideration tothe Debtors to facilitate the Debtors' successful reorganization and continued operation.CCaassee 2 244-9-900557755 D Dooccuummeennt t2 29663-2 F Fileiledd i nin T TXXSSBB o onn 1 021/3/113/2/245 P Paaggee 1 167 o of f1 133451732. The scope of the Debtor Release is appropriately tailored under the factsand circumstances of the Chapter 11 Cases. In light of, among other things, the value provided bythe Released Parties to the Debtors' Estates and the critical nature of the Debtor Release to thePlan, the Debtor Release is appropriate.v. Release by Holders of Claims and Interests33. The release by the Releasing Parties (the “Third-Party Release”), set forthin Article VIII.D of the Plan, is an essential provision of the Plan. The Third-Party Release is: (a)consensual as to those Releasing Parties that did not specifically and timely object or properly optout from the Third-Party Release; (b) within the jurisdiction of the Bankruptcy Court pursuant to28 U.S.C. § 1334; (c) in exchange for the good and valuable consideration provided by theReleased Parties; (d) a good faith settlement and compromise of the claims and Causes of Actionreleased by the Third-Party Release; (e) materially beneficial to, and in the best interests of, theDebtors, their Estates, and their stakeholders, and is important to the overall objectives of the Planto finally resolve certain Claims among or against certain parties in interest in the Chapter 11Cases; (f) fair, equitable, and reasonable; (g) given and made after due notice and opportunity forhearing; (h) appropriately narrow in scope given that it expressly excludes, among other things,any Cause of Action that is judicially determined by a Final Order to have constituted actual fraud,willful misconduct, or gross negligence; (i) a bar to any of the Releasing Parties asserting anyclaim or Cause of Action released by the Third-Party Release against any of the Released Parties;and (j) consistent with sections 105, 524, 1123, 1129, and 1141 and other applicable provisions ofthe Bankruptcy Code.34. The Third-Party Release is an integral part of the agreement embodied inthe Plan among the relevant parties in interest. Like the Debtor Release, the Third-Party ReleaseCCaassee 2 244-9-900557755 D Dooccuummeennt t2 29663-2 F Fileiledd i nin T TXXSSBB o onn 1 021/3/113/2/245 P Paaggee 1 178 o of f1 1334518facilitated participation in both the Debtors' Plan and the chapter 11 process generally. The Third-Party Release is instrumental to the Plan and was critical in incentivizing parties to support thePlan and preventing significant and time-consuming litigation regarding the parties' respectiverights and interests. The Third-Party Release was a core negotiation point in connection with thePlan and instrumental in developing the Plan that maximized value for all of the Debtors'stakeholders and kept the Debtors intact as a going concern. As such, the Third-Party Releaseappropriately offers certain protections to parties who constructively participated in the Debtors'restructuring process—including the Consenting Creditors (as set forth above)—by, among otherthings, facilitating the negotiation and consummation of the Plan, supporting the Plan and, in thecase of the Backstop Providers, committing to provide new capital to facilitate the Debtors'emergence from chapter 11. Specifically, the Notes Ad Hoc Group proposed and negotiated thepari passu transaction that is the basis of the restructuring proposed under the Plan and provideda much-needed deleveraging to the Debtors' business while taking a discount on their Claims (inexchange for other consideration).35. Furthermore, the Third-Party Release is consensual as to all parties ininterest, including all Releasing Parties, and such parties in interest were provided notice of thechapter 11 proceedings, the Plan, the deadline to object to confirmation of the Plan, and theCombined Hearing and were properly informed that all holders of Claims against or Interests inthe Debtors that did not file an objection with the Court in the Chapter 11 Cases that included anexpress objection to the inclusion of such holder as a Releasing Party under the provisionscontained in Article VIII of the Plan would be deemed to have expressly, unconditionally,generally, individually, and collectively consented to the release and discharge of all claims andCauses of Action against the Debtors and the Released Parties. Additionally, the release provisionsCCaassee 2 244-9-900557755 D Dooccuummeennt t2 29663-2 F Fileiledd i nin T TXXSSBB o onn 1 021/3/113/2/245 P Paaggee 1 189 o of f1 1334519of the Plan were conspicuous, emphasized with boldface type in the Plan, the DisclosureStatement, the Ballots, and the applicable notices. Except as set forth in the Plan, all ReleasingParties were properly informed that unless they (a) checked the “opt out” box on the applicableBallot or opt-out form and returned the same in advance of the Voting Deadline, as applicable, or(b) timely Filed an objection to the releases contained in the Plan that was not resolved beforeentry of this Confirmation Order, they would be deemed to have expressly consented to the releaseof all Claims and Causes of Action against the Released Parties.36. The Ballots sent to all holders of Claims and Interests entitled to vote, aswell as the notice of the Combined Hearing sent to all known parties in interest (including thosenot entitled to vote on the Plan), unambiguously provided in bold letters that the Third-PartyRelease was contained in the Plan.37. The scope of the Third-Party Release is appropriately tailored under thefacts and circumstances of the Chapter 11 Cases, and parties in interest received due and adequatenotice of the Third-Party Release. Among other things, the Plan provides appropriate and specificdisclosure with respect to the claims and Causes of Action that are subject to the Third-PartyRelease, and no other disclosure is necessary. The Debtors, as evidenced by the VotingDeclaration and Certificate of Publication, including by providing actual notice to all knownparties in interest, including all known holders of Claims against, and Interests in, any Debtor andpublishing notice in international and national publications for the benefit of unknown parties ininterest, provided sufficient notice of the Third-Party Release, and no further or other notice isnecessary. The Third-Party Release is designed to provide finality for the Debtors, theReorganized Debtors and the Released Parties regarding the parties' respective obligations underthe Plan. For the avoidance of doubt, and notwithstanding anything to the contrary, anyparty who timely opted-out of the Third-Party Release is not bound by the Third-PartyRelease.CCaassee 2 244-9-900557755 D Dooccuummeennt t2 29663-2 F Fileiledd i nin T TXXSSBB o onn 1 021/3/113/2/245 P Paaggee 1 290 o of f1 133452038. The Third-Party Release is specific in language, integral to the Plan, andgiven for substantial consideration. The Releasing Parties were given due and adequate notice ofthe Third-Party Release, and thus the Third-Party Release is consensual under controllingprecedent as to those Releasing Parties that did not specifically and timely object. In light of,among other things, the value provided by the Released Parties to the Debtors' Estates and theconsensual and critical nature of the Third-Party Release to the Plan, the Third-Party Release isappropriatevi. Exculpation.39. The exculpation described in Article VIII.E of the Plan (the “Exculpation”)is appropriate under applicable law, including In re Highland Capital Mgmt., L.P., 48 F. 4th 419(5th Cir. 2022), because it was supported by proper evidence, proposed in good faith, wasformulated following extensive good-faith, arm's-length negotiations with key constituents, and isappropriately limited in scope.40. No Entity or Person may commence or continue any action, employ anyprocess, or take any other act to pursue, collect, recover or offset any Claim, Interest, debt,obligation, or Cause of Action relating or reasonably likely to relate to any act or commission inconnection with, relating to, or arising out of a Covered Matter (including one that alleges theactual fraud, gross negligence, or willful misconduct of a Covered Entity), unless expresslyauthorized by the Bankruptcy Court after (1) it determines, after a notice and a hearing, such Claim,Interest, debt, obligation, or Cause of Action is colorable and (2) it specifically authorizes suchEntity or Person to bring such Claim or Cause of Action. The Bankruptcy Court shall have soleand exclusive jurisdiction to determine whether any such Claim, Interest, debt, obligation or Causeof Action is colorable and, only to the extent legally permissible and as provided for in Article XI,CCaassee 2 244-9-900557755 D Dooccuummeennt t2 29663-2 F Fileiledd i nin T TXXSSBB o onn 1 021/3/113/2/245 P Paaggee 2 201 o of f1 1334521shall have jurisdiction to adjudicate such underlying colorable Claim, Interest, debt, obligation, orCause of Action.vii. Injunction.41. The injunction provisions set forth in Article VIII.F of the Plan are essentialto the Plan and are necessary to implement the Plan and to preserve and enforce the discharge,Debtor Release, the Third-Party Release, and the Exculpation provisions in Article VIII of thePlan. The injunction provisions are appropriately tailored to achieve those purposes.viii. Preservation of Claims and Causes of Action.42. Article IV.L of the Plan appropriately provides for the preservation by theDebtors of certain Causes of Action in accordance with section 1123(b) of the Bankruptcy Code.Causes of Action not released by the Debtors or exculpated under the Plan will be retained by theReorganized Debtors as provided by the Plan. The Plan is sufficiently specific with respect to theCauses of Action to be retained by the Debtors, and the Plan and Plan Supplement providemeaningful disclosure with respect to the potential Causes of Action that the Debtors may retain,and all parties in interest received adequate notice with respect to such retained Causes of Action.The provisions regarding Causes of Action in the Plan are appropriate and in the best interests ofthe Debtors, their respective Estates, and holders of Claims or Interests. For the avoidance of anydoubt, Causes of Action released or exculpated under the Plan will not be retained by theReorganized Debtors.c. Section 1123(d) – Cure of Defaults43. Article V.D of the Plan provides for the satisfaction of Cure Claimsassociated with each Executory Contract and Unexpired Lease to be assumed in accordance withsection 365(b)(1) of the Bankruptcy Code. Any monetary defaults under each assumed ExecutoryCCaassee 2 244-9-900557755 D Dooccuummeennt t2 29663-2 F Fileiledd i nin T TXXSSBB o onn 1 021/3/113/2/245 P Paaggee 2 212 o of f1 1334522Contract or Unexpired Lease shall be satisfied, pursuant to section 365(b)(1) of the BankruptcyCode, by payment of the default amount in Cash on the Effective Date, subject to the limitationsdescribed in Article V.D of the Plan, or on such other terms as the parties to such ExecutoryContracts or Unexpired Leases may otherwise agree. Any Disputed Cure Amounts will bedetermined in accordance with the procedures set forth in Article V.D of the Plan, and applicablebankruptcy and nonbankruptcy law. As such, the Plan provides that the Debtors will Cure, orprovide adequate assurance that the Debtors will promptly Cure, defaults with respect to assumedExecutory Contracts and Unexpired Leases in accordance with section 365(b)(1) of theBankruptcy Code. Thus, the Plan complies with section 1123(d) of the Bankruptcy Code.d. Section 1129(a)(2) – Compliance of the Debtors and Others with the ApplicableProvisions of the Bankruptcy Code.44. The Debtors, as proponents of the Plan, have complied with all applicableprovisions of the Bankruptcy Code as required by section 1129(a)(2) of the Bankruptcy Code,including sections 1122, 1123, 1124, 1125, 1126, and 1128, and Bankruptcy Rules 3017, 3018,and 3019.e. Section 1129(a)(3) – Proposal of Plan in Good Faith.45. The Debtors have proposed the Plan in good faith, in accordance with theBankruptcy Code requirements, and not by any means forbidden by law. In determining that thePlan has been proposed in good faith, the Court has examined the totality of the circumstancesfiling of the Chapter 11 Cases, including the formation of Intrum AB of Texas LLC (“IntrumTexas”), the Plan itself, and the process leading to its formulation. The Debtors' good faith isevident from the facts and record of the Chapter 11 Cases, the Disclosure Statement, and the recordof the Combined Hearing and other proceedings held in the Chapter 11 CasesCCaassee 2 244-9-900557755 D Dooccuummeennt t2 29663-2 F Fileiledd i nin T TXXSSBB o onn 1 021/3/113/2/245 P Paaggee 2 223 o of f1 133452346. The Plan (including the Plan Supplement and all other documents necessaryto effectuate the Plan) is the product of good faith, arm's-length negotiations by and among theDebtors, the Debtors' directors and officers and the Debtors' key stakeholders, including theConsenting Creditors and each of their respective professionals. The Plan itself and the processleading to its formulation provide independent evidence of the Debtors' and such other parties'good faith, serve the public interest, and assure fair treatment of holders of Claims or Interests.Consistent with the overriding purpose of chapter 11, the Debtors Filed the Chapter 11 Cases withthe belief that the Debtors were in need of reorganization and the Plan was negotiated and proposedwith the intention of accomplishing a successful reorganization and maximizing stakeholder value,and for no ulterior purpose. Accordingly, the requirements of section 1129(a)(3) of the BankruptcyCode are satisfied.f. Section 1129(a)(4) – Court Approval of Certain Payments as Reasonable.47. Any payment made or to be made by the Debtors, or by a person issuingsecurities or acquiring property under the Plan, for services or costs and expenses in connectionwith the Chapter 11 Cases, or in connection with the Plan and incident to the Chapter 11 Cases,has been approved by, or is subject to the approval of, the Court as reasonable. Accordingly, thePlan satisfies the requirements of section 1129(a)(4).g. Section 1129(a)(5)—Disclosure of Directors and Officers and Consistency with theInterests of Creditors and Public Policy.48. The identities of or process for appointment of the Reorganized Debtors'directors and officers proposed to serve after the Effective Date were disclosed in the PlanSupplement in advance of the Combined Hearing. Accordingly, the Debtors have satisfied therequirements of section 1129(a)(5) of the Bankruptcy Code.CCaassee 2 244-9-900557755 D Dooccuummeennt t2 29663-2 F Fileiledd i nin T TXXSSBB o onn 1 021/3/113/2/245 P Paaggee 2 234 o of f1 1334524h. Section 1129(a)(6)—Rate Changes.49. The Plan does not contain any rate changes subject to the jurisdiction of anygovernmental regulatory commission and therefore will not require governmental regulatoryapproval. Therefore, section 1129(a)(6) of the Bankruptcy Code does not apply to the Plan.i. Section 1129(a)(7)—Best Interests of Holders of Claims and Interests.50. The liquidation analysis attached as Exhibit D to the Disclosure Statementand the other evidence in support of the Plan that was proffered or adduced at the CombinedHearing, and the facts and circumstances of the Chapter 11 Cases are (a) reasonable, persuasive,credible, and accurate as of the dates such analysis or evidence was prepared, presented orproffered; (b) utilize reasonable and appropriate methodologies and assumptions; (c) have not beencontroverted by other evidence; and (d) establish that each holder of Allowed Claims or Interestsin each Class will recover as much or more value under the Plan on account of such Claim orInterest, as of the Effective Date, than the amount such holder would receive if the Debtors wereliquidated on the Effective Date under chapter 7 of the Bankruptcy Code or has accepted the Plan.As a result, the Debtors have demonstrated that the Plan is in the best interests of their creditorsand equity holders and the requirements of section 1129(a)(7) of the Bankruptcy Code are satisfied.j. Section 1129(a)(8)—Conclusive Presumption of Acceptance by UnimpairedClasses; Acceptance of the Plan by Certain Voting Classes.51. The classes deemed to accept the Plan are Unimpaired under the Plan andare deemed to have accepted the Plan pursuant to section 1126(f) of the Bankruptcy Code. EachVoting Class voted to accept the Plan. For the avoidance of doubt, however, even if section1129(a)(8) has not been satisfied with respect to all of the Debtors, the Plan is confirmable becausethe Plan does not discriminate unfairly and is fair and equitable with respect to the Voting Classesand thus satisfies section 1129(b) of the Bankruptcy Code with respect to such Classes as describedCCaassee 2 244-9-900557755 D Dooccuummeennt t2 29663-2 F Fileiledd i nin T TXXSSBB o onn 1 021/3/113/2/245 P Paaggee 2 245 o of f1 1334525further below. As a result, the requirements of section 1129(b) of the Bankruptcy Code are alsosatisfied.k. Section 1129(a)(9)—Treatment of Claims Entitled to Priority Pursuant to Section507(a) of the Bankruptcy Code.52. The treatment of Administrative Claims, Professional Fee Claims, andPriority Tax Claims under Article II of the Plan satisfies the requirements of, and complies in allrespects with, section 1129(a)(9) of the Bankruptcy Code.l. Section 1129(a)(10)—Acceptance by at Least One Voting Class.53. As set forth in the Voting Declaration, all Voting Classes overwhelminglyvoted to accept the Plan. As such, there is at least one Voting Class that has accepted the Plan,determined without including any acceptance of the Plan by any insider (as defined by theBankruptcy Code), for each Debtor. Accordingly, the requirements of section 1129(a)(10) of theBankruptcy Code are satisfied.m. Section 1129(a)(11)—Feasibility of the Plan.54. The Plan satisfies section 1129(a)(11) of the Bankruptcy Code. Thefinancial projections attached to the Disclosure Statement as Exhibit D and the other evidencesupporting the Plan proffered or adduced by the Debtors at or before the Combined Hearing: (a)is reasonable, persuasive, credible, and accurate as of the dates such evidence was prepared,presented, or proffered; (b) utilize reasonable and appropriate methodologies and assumptions; (c)has not been controverted by other persuasive evidence; (d) establishes that the Plan is feasibleand Confirmation of the Plan is not likely to be followed by liquidation or the need for furtherfinancial reorganization; (e) establishes that the Debtors will have sufficient funds available tomeet their obligations under the Plan and in the ordinary course of business—including sufficientamounts of Cash to reasonably ensure payment of Allowed Claims that will receive CashCCaassee 2 244-9-900557755 D Dooccuummeennt t2 29663-2 F Fileiledd i nin T TXXSSBB o onn 1 021/3/113/2/245 P Paaggee 2 256 o of f1 1334526distributions pursuant to the terms of the Plan and other Cash payments required under the Plan;and (f) establishes that the Debtors or the Reorganized Debtors, as applicable, will have thefinancial wherewithal to pay any Claims that accrue, become payable, or are allowed by FinalOrder following the Effective Date. Accordingly, the Plan satisfies the requirements of section1129(a)(11) of the Bankruptcy Code.n. Section 1129(a)(12)—Payment of Statutory Fees.55. Article XII.C of the Plan provides that all fees payable pursuant to section1930(a) of the Judicial Code, as determined by the Court at the Confirmation Hearing inaccordance with section 1128 of the Bankruptcy Code, will be paid by each of the applicableReorganized Debtors for each quarter (including any fraction of a quarter) until the Chapter 11Cases are converted, dismissed, or closed, whichever occurs first. Accordingly, the Plan satisfiesthe requirements of section 1129(a)(12) of the Bankruptcy Code.o. Section 1129(a)(13)—Retiree Benefits.56. Pursuant to section 1129(a)(13) of the Bankruptcy Code, and as provided inArticle IV.K of the Plan, the Reorganized Debtors will continue to pay all obligations on accountof retiree benefits (as such term is used in section 1114 of the Bankruptcy Code) on and after theEffective Date in accordance with applicable law. As a result, the requirements of section1129(a)(13) of the Bankruptcy Code are satisfied.p. Sections 1129(a)(14), (15), and (16)—Domestic Support Obligations, Individuals,and Nonprofit Corporations.57. The Debtors do not owe any domestic support obligations, are notindividuals, and are not nonprofit corporations. Therefore, sections 1129(a)(14), 1129(a)(15), and1129(a)(16) of the Bankruptcy Code do not apply to the Chapter 11 Cases.CCaassee 2 244-9-900557755 D Dooccuummeennt t2 29663-2 F Fileiledd i nin T TXXSSBB o onn 1 021/3/113/2/245 P Paaggee 2 267 o of f1 1334527q. Section 1129(b)—Confirmation of the Plan Over Nonacceptance of VotingClasses.58. No Classes rejected the Plan, and section 1129(b) is not applicable here,but even if it were, the Plan may be confirmed pursuant to section 1129(b)(1) of the BankruptcyCode because the Plan is fair and equitable with respect to the Deemed Rejecting Classes. ThePlan has been proposed in good faith, is reasonable, and meets the requirements and all VotingClasses have voted to accept the Plan. The treatment of Intercompany Claims and IntercompanyInterests under the Plan provides for administrative convenience does not constitute a distributionunder the Plan on account of suc
Follow us on Instagram: https://www.instagram.com/antiwarcom/Phone bank for Defend the Guard: https://defendtheguard.us/phonebankChapters00:00 - Intro00:21 - Trump Envoy To Join Gaza Ceasefire Talks04:43 - Israeli Strikes in Gaza Kill Dozens of More Palestinians07:26 - IDF Shot Dead a Palestinian It Was Using as a Human Shield09:58 - US Claims Israel Will Still Withdraw From Lebanon12:15 - Israel's Smotrich Calls for Major Destruction in the West Bank15:25 - Biden Rushes 'Substantial' Ukraine Arms Transfer16:57 - Ukrainian Troops Training in France Go AWOL18:44 - Syria: 280 Dead in Clashes Between SDF and SNA21:03 - US Accuses RSF of Committing Genocide in Sudan24:59 - Tracker Cracks Open DC's Think Tank Funding26:06 - Trump Won't Rule Out Force To Take Panama Canal, Greenland30:50 - Viewpoints/Outro
Sarah Stein Greenberg runs Stanford's d.school, which teaches design as a mode of problem solving. She and Steve talk about what makes her field different from other academic disciplines, how to approach hard problems, and why brainstorms are so annoying. SOURCE:Sarah Stein Greenberg, executive director of the Hasso Plattner Institute of Design at Stanford University. RESOURCES:Creative Acts for Curious People: How to Think, Create, and Lead in Unconventional Ways, by Sarah Stein Greenberg (2021).Noora Health.Civilla.Substantial.Rare.Sarah Stein Greenberg wildlife photography. EXTRAS:"Feeling Sound and Hearing Color," by People I (Mostly) Admire (2024)."Why Are Boys and Men in Trouble?" by People I (Mostly) Admire (2024)."What's Impacting American Workers?" by People I (Mostly) Admire (2024)."Richard Dawkins on God, Genes, and Murderous Baby Cuckoos," by People I (Mostly) Admire (2024)."The World's Most Controversial Ornithologist," by People I (Mostly) Admire (2024)."How PETA Made Radical Ideas Mainstream," by People I (Mostly) Admire (2024)."Pay Attention! (Your Body Will Thank You)," by People I (Mostly) Admire (2024)."How to Have Great Conversations," by People I (Mostly) Admire (2024)."Suleika Jaouad's Survival Mechanisms," by People I (Mostly) Admire (2024)."Daron Acemoglu on Economics, Politics, and Power," by People I (Mostly) Admire (2024)."Nobel Laureate Claudia Goldin on 'Greedy Work' and the Wage Gap," by People I (Mostly) Admire (2023)."A Rockstar Chemist and Her Cancer-Attacking 'Lawn Mower,'" by People I (Mostly) Admire (2022)."Daniel Kahneman on Why Our Judgment is Flawed — and What to Do About It," by People I (Mostly) Admire (2021)."Why Is Richard Thaler Such a ****ing Optimist?" by People I (Mostly) Admire (2021).
GOOD EVENING: The show begins in New Orleans and Las Vegas asking questions with few substantial explanations... 1879 New Orleans CBS EYE ON THE WORLD WITH JOHN BATCHELOR FIRST HOUR5 9-915 1/2: #NEW ORLEANS: #LAS VEGAS. ISIS, Lone Wolf, unknowns. .Bill Roggio, FDD 915-930 2/2#NEW ORLEANS: #LAS VEGAS. ISIS, Lone Wolf, unknowns. . .Bill Roggio, FDD 930-945 #PRC: Decline continues unchecked. #SCALAREPORT: Chris Riegel CEO, Scala.com @Stratacache. . 945-1000 #OCEANIA: Nauru and Solomons bullied by both camps. @CleoPaskal, FDD SECOND HOUR 10-1015 1/2: #UKRAINE: Talks possible, little else for the Black Sea basin. Anatol Lieven, Quincy Institute 1015-1030 2/2: #UKRAINE: Talks possible, little else for the Black Sea basin. Anatol Lieven, Quincy Institute 1030-1045 #NEW ORLEANS: What we don't know. @AndrewCMcCarthy @NRO @ThadMcCotter @theamgreatness 1045-1100 #POTUS: Ending and postponing the trials of Trump. @AndrewCMcCarthy @NRO @ThadMcCotter @theamgreatness THIRD HOUR 1100-1115 1/8 Kingmaker: Pamela Harriman's Astonishing Life of Power, Seduction, and Intrigue Paperback – Large Print, October 8, 2024 by Sonia Purnell (Author) 1115-1130 2/8 Kingmaker: Pamela Harriman's Astonishing Life of Power, Seduction, and Intrigue Paperback – Large Print, October 8, 2024 by Sonia Purnell (Author) 1130-1145 3/8: Kingmaker: Pamela Harriman's Astonishing Life of Power, Seduction, and Intrigue Paperback – Large Print, October 8, 2024 by Sonia Purnell (Author) 1145-1200 4/8: Kingmaker: Pamela Harriman's Astonishing Life of Power, Seduction, and Intrigue Paperback – Large Print, October 8, 2024 by Sonia Purnell (Author) FOURTH HOUR 12-1215 1/2: #PRINCETON: Disappointment. Peter Berkowitz, Hoover Institution 1215-1230 2/2: #PRINCETON: Disappointment. Peter Berkowitz, Hoover Institution 1230-1245 GOP: Not Isolatists. Cliff May, FDD 1245-100 am #UN: The US paid $18 Billion in 2022, one-third of the budget, and received disregard for the "assessment." John Bolton, WSJ
We know that the House Ethics Committee found "substantial evidence" that Matt Gaetz engaged in misconduct in multiple ways. But there are other questions to be answered:1. Did Gaetz get a full opportunity to tell the Ethics Committee his side of the story?2. Why did the committee stop short of sanctioning Gaetz?3. What of the Department of Justice investigation of Gaetz which resulted in no charges being filed?If you're interested in supporting our all-volunteer efforts, you can become a Team Justice patron at: / glennkirschner If you'd like to support us and buy Team Justice and Justice Matters merchandise visit:https://shop.spreadshirt.com/glennkir...Check out Glenn's website at https://glennkirschner.com/Follow Glenn on:Threads: https://www.threads.net/glennkirschner2Twitter: https://www.twitter.com/glennkirschner2Facebook: https://www.facebook.com/glennkirschner2Instagram: https://www.instagram.com/glennkirsch...See Privacy Policy at https://art19.com/privacy and California Privacy Notice at https://art19.com/privacy#do-not-sell-my-info.
We know that the House Ethics Committee found "substantial evidence" that Matt Gaetz engaged in misconduct in multiple ways. But there are other questions to be answered:1. Did Gaetz get a full opportunity to tell the Ethics Committee his side of the story?2. Why did the committee stop short of sanctioning Gaetz?3. What of the Department of Justice investigation of Gaetz which resulted in no charges being filed?If you're interested in supporting our all-volunteer efforts, you can become a Team Justice patron at: / glennkirschner If you'd like to support us and buy Team Justice and Justice Matters merchandise visit:https://shop.spreadshirt.com/glennkir...Check out Glenn's website at https://glennkirschner.com/Follow Glenn on:Threads: https://www.threads.net/glennkirschner2Twitter: https://www.twitter.com/glennkirschner2Facebook: https://www.facebook.com/glennkirschner2Instagram: https://www.instagram.com/glennkirsch...See Privacy Policy at https://art19.com/privacy and California Privacy Notice at https://art19.com/privacy#do-not-sell-my-info.
Substantial grants for panchayati raj institutions unused in Uttar Pradesh and Maharashtra, a report by Standing Committee on Rural Development and Panchayat Raj has revealed.----more----https://theprint.in/india/governance/parliamentary-panel-flags-lapses-in-managing-central-grants-for-village-development-unused-diverted/2417738/
HR4 - Jon and Dan discuss the Red Sox signing of Walker Buehler. Jon explains why he likes the move, but that the Red Sox have still not committed a substantial amount of money in this offseason where they seemed primed to spend.
Understanding that true discipleship requires our full surrender to the will of God; learning to live with confidence and perseverance. Order this full message on MP3! To support this ministry financially, visit: https://www.oneplace.com/donate/1213/29
Understanding that true discipleship requires our full surrender to the will of God; learning to live with confidence and perseverance. Order this full message on MP3! To support this ministry financially, visit: https://www.oneplace.com/donate/1213/29