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Chapter 59: Cultivation
Thousand-Faced Abbess walked forward casually. "That's a nice dagger. Are you Curly Bearded Stranger's disciple?"
"Nonsense! I've never formally become a disciple of anyone."
Thousand-Faced Abbess' smiled deepened. "That dagger is called 'Lightning Bolt'. When used during a thunderstorm it can shoot lightning out three feet, and when wielded it will flash like lightning. It's unstoppable. The blade was made from the huge tooth of a rare thunder dragon from primordial times. It far surpasses the legendary Fish Guts dagger. It's said the dagger was originally left by a Daoist alchemist at Wangwu Mountain and found by chance by Curly Bearded Stranger Wu Xin, but he didn't know the mystical value of the dagger and once used it as a throwing weapon and nearly lost it. If you're not Curly Beard's disciple, then how did you acquire this Lightning Bolt dagger?"
Talk of the dagger made Wenchang recall those horrible memories at the riverbank where the old freak hit and kicked him and nearly turned him into fish food at the bottom of Black Dragon Pond. He snorted. "I don't know who Curly Bearded Stranger is. Some old bastard gave me this dagger and had me help him get some jade marrow dragonhorn for him to save his life. I got it for him and saved him, but then he tried to kill me. I barely escaped from the water with my life. Hmph! You third-rate martial fraternity elders are all despicable."
"Ah! No wonder that guy is still alive. Outcast Androgyne is in for some trouble."
Wenchang recalled the martial fraternity rumor the little beggar, Fang Xiaoshan said had told him, that Outcast Androgyne had used a rare poison to torment Curly Bearded Stranger. Hey, didn't that old freak have a big curly beard? Must be him, the hateful son of a bitch."
He was on the lookout for an escape route as he was thinking. "Thousand-Faced Abbess, enough talk. Why aren't you attacking?"
He knew it would be difficult to make good use of his concealed weapons. That throwing knife outside the Gate of Everlasting Joy was proof enough of Thousand-Faced Abbess' sublime ability. Those kinds of weapons didn't work as well in close quarters. He didn't want to waste using one unless he was sure he'd hit his target.
Thousand-Faced Abbess snickered, waved her whisk, and stepped closer. "Then let's see these rare skills of yours, junior!"
Wenchang was not at all sure of himself. What chance did a little kitten like him fresh onto the scene have against one of the Thirteen Greats of the Martial Fraternity? He would be lying if he said he wasn't scared. He circulated his qi to protect himself and concentrated the six harmonies1 and began moving about in all directions, dodging her whisk slashing at him. In three rounds he didn't even have the chance or the courage to strike back.
He felt the hidden force of the whisk sweeping by, disrupting his circulation and making it hard to breathe, but his entire vision was consumed by the whisk darting here and there; he couldn't get away from it. It was like he was caught in a net. As soon as he dodged one strike another was on its way. He couldn't do anything except concentrate on avoiding the whisk. His dagger was useless to him in this situation; it couldn't keep up with her speed and ferocity. He stuck his dagger out to fend off a blow but her move had already changed and she was now coming at him from a different direction.
The came a cold voice from the midst of her whirling whisk. "Idiot! Blocking and changing moved is an inferior position to be in, like being led by the nose. Did you forget about getting the jump on your enemy? I have already acted by the time my opponent attacks. You have to look for a chance to strike first. What are you going to do when you're constantly under attack?"
Cold sweat was pouring off Wenchang. Even dodging was difficult, how could he move in to strike first? For real! But he was a clever one. He suddenly had a thought. He roared and slashed with his dagger three times in a row and spun to the side to lure her whisk over in pursuit.
Sure enough, the whisk thundered over, intercepting his spin move and meeting him head on. But he took that moment to turn back midway through his spin, heedless of the whisk, which naturally hit nothing but air. He went the other way and whipped his dagger out, catching his chance and attacking her in the left rib.
"That's more like it," Thousand-Faced Abbess shouted, then struck five times.
Wenchang was more comfortable now, no longer passively taking shots. He struck with his dagger, seeking out the whisk, while looking for a chance to close in and attack. He was able to strike back once for every three of her attacks.
He also noticed that she wasn't letting her whisk touch his dagger, and her onslaught of hidden, internal force was not enough to disrupt the protection from his qigong. this emboldened him, and he was no longer afraid or lacked confidence.
Five more rounds and then he heard her say, "Careful, bring your true skill to the fore. On guard!"
Then the whisk was gone, replaced by a pair of big sleeves which snaked in and out. The distance between them closed until they were nearly touching.
This was not good. Close quarters like this was the most dangerous, and since she had put away her whisk to fight barehanded, she must feel the fight was already hers. Her hands and sleeves must be even more formidable than the whisk, or else why would she take on his dagger barehanded? At close quarters, a short-bladed weapon was superior, and more dangerous. This old nun was looking down on him. He was as mad as he was startled. He shouted and attacked five times in succession with his dagger.
On the fifth strike his wrist was hit by a sudden palm strike. His right hand felt like it had been struck by lightning and went numb.
The other big sleeve was already attacking his chest.
He roared and shot his left hand out with all his might, his hands flying forward heedless of his safety, looking to hit her even if it cost him as well.
Their hands met and a thunderous forced slammed into his left hand and it went numb as well. He was flung back ten feet, and his kicks naturally came to nothing.
A gray figure went after him, sticking close. "Where are you going?"
He could barely move his hands, but he still grasped his dagger firmly. The three darts he had in his left hand, however, had already been smashed to pieces and had fallen to the ground. The old nun was supernaturally powerful.
His survival instinct sustained him. While he was on the ground he used "lazy snowball" and rolled away, a move martial arts masters disdained.
But the gray figure was there before he was on his feet. He roared and used every kind of kick he could think of, his back pressed to the ground as he attacked ferociously.
Too bad! He was too lacking. He spun in a circle twice and then his right calf was hit with a palm strike, and then a foot stepped on him and held him down. He heard "Up you go!" and he was flung into the air, thirty feet out. He nearly blacked out when he hit ground, the dagger falling from his grip.
Two fingers pressed his Jade Pearl acupoint just above his sternum before he could get up. Then he was lifted up by his belt and carried into the small grove.
Thousand-Faced Abbess set him down under a tree and leaned him against the trunk. She hefted Lightning Bolt in her hand and stood before him. "So, little rascal, you still want to run? You're in for it now."
It was hopeless. He'd rather die than submit. He clenched his teeth. "Shameless! There's never been any enmity between us, so do you keep coming after me?"
"You don't deny you're a thief?"
"That's right, I never intended to deny it."
"You don't deny you're a lecher?"
"Shut up! That's nonsense!"
"Hmph! You're a stubborn one. If I don't make you suffer a little you'll never admit it." She stuck the dagger in the tree and squatted. "I'll give you two choices," she said sternly.
"I'm not deaf, what are you hollering about?" Wenchang shot back.
"One, you continue to deny your criminal act. That will bring about your own destruction, so you should prepare to be punished. Or two, you can come with me and roam the jianghu as my disciple."
"Hmph, become the disciple of a third-rate freak like you? You're dreaming!"
"You don't fear death?"
"I'm fear it, but I'll never live in disgrace."
"My chivalrous name is known across the land. It would be an honor for you if you were my disciple. What's this talk of disgrace?"
"Hmph! Your chivalrous reputation is like the head of Endless Valley's: fraudulent and undeserved. Since you think yourself righteous, why would you want a lecherous bandit as a disciple? You clearly don't have good intentions. To me, your chivalrous reputation is no better than a dead dog."
"Looks like you're prepared to be punished and die."
Wenchang started. "No! I will follow you through the jianghu as your disciple."
Thousand-Faced Abbess smacked him upside the head. "What's this sudden change of heart? What are you up to?"
Wenchang spit up some blood and laughed. "You got it. I want to wait for a chance to kill you."
She smiled and grabbed him and pressed him down. "I've wasted my breath. It's not worth it. Let me end you first."
She smacked him and unlocked his acupoints. The numbness in his hands went away instantly, but he shouldn't be able to move immediately after having his acupoints unblocked. His ultimate breathing skill was a rare Daoist technique, though, and his was highly cultivated, so he was unaffected and immediately shot his hand out.
But he had miscalculated, and as soon as he moved he was checked. The nun gasped and pressed every vital meridian on his body and in and instant he felt every bone in his body was going to shatter. His blood vessels expanded and contracted and his muscles and tendons spasmed. The pain was unbearable.
He didn't have a chance to resist. His acupoints had not been blocked, but the nun's hands were not only quick, her blows were powerful as well, and an intermittently hot and cold burst of energy surged through his body, inside and out. It was so painful he couldn't struggle and felt all his strength drain away.
As he writhed in pain he thought of that time he was floating in Black Dragon Pond, and how he went cold and numb all over when that old freak had hit him. He had used his qigong to save himself and get through that ordeal. He was still wide awake, enduring the pain. He took a deep breath and began circulating his qi to resist it.
His true qi coalesced, then dispersed, then coalesced again. He wasn't discouraged, even though he had suffered a heavy blow, he just tried hard and concentrated his true qi again. After a dozen unsuccessful attempts he finally did it and his true qi began circulating, coursing toward the channels and acupoints where he'd been struck and reducing much of the pain.
During his torment he concentrated and looked inward, so he didn't notice the sweat forming on Thousand-Faced Abbess' forehead, or how her body was giving off steam.
As he was circulating his true qi to resist her, he didn't have time to think clearly, and didn't notice that the places she had hit him were along his meridians. He never thought that is she were just trying to hurt him, then why had she been so methodical? How could he concentrate his true qi where she hit him? One shot from a finger or palm would disperse his true qi. No master could concentrate his true qi in a given area instantly to ward off a strike.
He endured it and his ultimate breathing skill helped the pain gradually dissipate, but he was still weak and unable to resist. He was waiting to build up enough strength to attack when he heard a gasp and an even heavier, deeper blow landed on him.
He couldn't take it and groaned. He was about to pass out when his Qi and Blood Gate acupoints were pressed by two intermittently hot and cold hands and a strong, yet endurable current surged through his channels. He heard a voice say, "That's full strength sent coursing through your conception and governing vessels."
His mind cleared and was jolted. He soon entered a boundless state, his vital energy stimulated, his true qi beginning to flow through the two meridians. Hastened by the external blow made it twice as effective and soon his brain was buzzing, then was silent as a warm current flowed from his dantian into his lower body through the governing vessel meridian to the Jade Pillow acupoint on the back of his head. He felt a strange vibration through his body like he was being shocked, one jolt after another. After three jolts the warn current receded and flowed back through the two meridians back into his dantian.
Then, he entered a dim, distracted state, unconscious of the outside world. He didn't know where his physical body was, his mind focused on discharging this mystical energy.
He didn't know how much time passed or how many circulations of true qi he went through, but he was suddenly conscious again, his precelestial true qi flowing through his body calmly, multiplying endlessly, and he felt warm all over and full of energy.
He had the strength to resist now, but he didn't. He knew Thousand-Faced Abbess had used her years of cultivation to help him clear his conception and governing vessel meridians, but he still didn't understand why she was being so kind and generous to a stranger. He really couldn't figure it out.
As he was mulling it over he heard her say, "Your conception and governing vessels are clear, but it's still not enough to roam the jianghu. Stand up! I'll teach you some basic attack and defense skills you can use to protect yourself."
He didn't stand up. He fell to his knees and said, "This junior sincerely thanks you, elder, for your generous help, but…"
"Don't talk nonsense!"
"This junior is ill-mannered, but I have to ask why you…"
"Listen up. I've been roaming the jianghu for close to sixty years, doing good and bad, sometimes well-received, sometimes not, but I don't care. I'm going south to Putuo Mountain to cultivate and cut ties with the martial fraternity and withdraw from the jianghu. I only regret that until now I have never found a person with the conduct and natural talent to pass my rare skills onto. It's deeply regrettable. I found you on the road to Tong Pass near Mt. Hua, but until that night you battled with Silver Sword's men I had not witnessed your exceptional gifts. Black Flag Sovereign attacked the Du Family residence and I was there watching. I saw everything that went on between you and Outcast Androgyne, and I knew that you were just the person I have been looking for. Although Outcast Androgyne is rotten to the core, but he is discerning. He would never have let you leave to act as his hidden pawn throughout the jianghu if he thought you were untrainable.
"Since then I have been watching your every move, and I am deeply satisfied. And I can't waste any time in heading south so I needed to find someone to pass my skills to so they would not be lost forever. However, you and I are are not destined. Your rare qigong is heretical and evil. I was disappointed, but still willing to help you break through to the next level. I've given up the thought of finding a disciple. You can take it as a bit of kindness from this old nun for me to take half a day to teach you a few self-defense skills. After today I will be on Putuo Mountain cultivating. Don't tell anyone where I am. And don't come and disturb my cultivation unless it's a life-or-death emergency. Stand up, you need to pay careful attention to comprehend all this."
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- This is a martial arts concept. There's the three kinds of energy: jing, qi, and shen, the inner harmonies, and the three outer harmonies: hands, eyes, body. In other words, he's preparing himself. ↩


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Emily Jones
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Emily Jones is Learning and Work Institute's Head of Research. She leads the Research Team and has responsibility for co-ordinating research activity across the organisation's strategic areas, as well as leading Learning and Work Institute's work on impact measurement and the wider outcomes of learning.
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Wowsers! This is page is old, head to the LIVE Planet PDF Forum. It features more than 10 conferences, covering everything from beginner to in-depth developer and pre-press discussions. If you wish to continue... one & two archive covers 1999-2011 (160,000 pages).
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From: Greebo
Date: 5/29/2002 05:09 PM
I was afraid of this. I spoke with two different representatives at Adobe and both of them told me, point blank, that Adobe Capture 3.0, Personal Edition, could run as a service. I didn't believe them because they didn't seem to really understand the concept.
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Live at the Fillmore East and West: Getting Backstage and Personal with Rock's Greatest Legends
John Glatt
may possibly, Janis and the complete Tilt Boogie Band opened in Gainesville, Florida, ahead of relocating directly to Jacksonville, Miami, Columbus, and Indianapolis. The mini-tour were badly dealt with by way of neighborhood promoters and a few of the exhibits have been in basic terms part complete, with numerous being canceled. All this strain was once attending to Janis, who was once consuming herself right into a stupor. She used to be additionally nervous that Albert Grossman deliberate to drop her, even sending him a cable pleading with him to not accomplish that. "I be aware of I'm now not The Band or.
Killer quipped that Laura may be strong having a look if she didn't try and seem like her sister, Janis hit him. Then Lewis punched her sq. within the face, asserting that if she was once going to behave like a guy, he was once going to regard her like one. Janis burst into tears and needed to be led away to the bar to regroup. After extra ingesting, she took her 3 associates again to her mom and dad' domestic to crash. a number of hours later, Seth and Dorothy Joplin, who had watched Janis's press convention on television aghast, arrived domestic.
December 21, 2013. 30 Angels & Demons, BBC four, 2011. 31 Interview with Michael Shrieve, February 25, 2013. 32 Angels & Demons, BBC four, 2011. 33 Interview with José components, June 7, 2013. 34 Interview with Jorma Kaukonen, April three, 2013. 35 Woodstock: The Oral background, Makower, 223. 36 Woodstock, documentary, 1970. 37 BBC 6 track, October four, 2010. 38 Interview with Leslie West, February 7, 2013. 39 Who i'm, Townshend, 261. forty Interview with invoice Thompson, could thirteen, 2013. forty-one Dick Cavett Show,.
Miles east around the country line into Louisiana to listen to the neighborhood blues bands play. They frolicked in roadhouses, comparable to the massive Oak membership and Louanne's, the place underage young children may possibly smoke and drink alcohol with out questions requested. "Everybody else was once going to drive-ins and ingesting Cokes," Janis later informed Time journal, "and speaking approximately going around the tracks to head nigger knocking."8 through her senior 12 months of highschool, Janis's classmates discovered approximately her journeys to Louisiana and branded.
provoke the Jefferson Airplane," acknowledged Joshua White. "It was once really a love/hate relationship."10 So the Fillmore East technical employees built a massive version plane, which might take off from in the back of Spencer Dryden's drum package whereas observed via a recording of a Boeing jet engine. The plane was once really hole ones inside of one another. They have been made from paper and stretched twine, with five-foot wingspans, shiny headlights, and purple back lights. As Jefferson aircraft ready to head.


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For a film about a caped superhero, a murderous villain and leather-clad cat burglar, The Dark Knight Rises is surprisingly stylish: just ask Bruce Wayne in his Armani tailoring or Tom Hardy's Bane, who pre-empts this autumn's biggest outerwear trend. Not to be outdone, the cast stepped it up this week for the London and New York premieres.
Tom Hardy
Wisely ditched Bane's battered shearling jacket for a weather-appropriate Burberry number at the London premiere.
Tom Hardy
Joseph Gordon-Levitt
Leaving the black for Batman in light grey Balenciaga by Nicolas Ghesquière at the New York premiere.
Joseph Gordon-Levitt
Looking as good in a check Burberry three-piece suit and polka dot tie as he does on the cover of American GQ.
Christian Bale
Christian Bale
Bruce Wayne may wear Armani made-to-measure, but for the London premiere Christian Bale opted for Gucci.
Cillian Murphy
Benedict Cumberbatch
[Via GQ]


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All Rights Saved


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In appraisal, across the majority of states–and those countries we have reviewed–the main question is the "fair value" of a petitioner's shares. Some courts and commentators have mixed "fair value" with a similar but economically distinct term: "fair market value." But even if everyone agrees on what fair value means, that does not mean the law is uniform as to when fair value is being calculated. Consider: Delaware law tasks the court with determining the fair value of the shares as of the merger date. At the other end of the spectrum, California law requires a court to determine the fair value of shares immediately prior to the announcement of the merger. Two states' laws thus deal with certain eventualities in very different ways. What if the deal takes a long time to close? For California, this makes no difference; the "interim events" between announcement and closing do not come into the analysis. But for Delaware, interim events can have great significance–just because management has struck a deal (including a price) months, sometimes many months, before closing does not mean that that price reflects the value of the company at closing. As an example, imagine an early-stage biotech company or a speculative gold miner. Deal price may be set and a shareholder vote taken; then the company receives FDA approval or a claim pans out, and at closing, the buyer receives the benefit of the increased value while shareholders do not. In larger deals, where numerous regulatory hurdles need to be cleared, the difference in the date of the fair value measure can mean the difference in measuring during a positive or a negative business cycle. So in any appraisal action, the "when" of fair value matters.
Appraisal By Contract
While appraisal is typically a creature of statute, appraisal rights can also be a creature of contract–in particular, when an operating agreement, charter, or similar foundational document provides for them (including when a certificate of designation provides for the value of preferred stock). Many states, including New York, allow the members of an LLC–as an example–to include appraisal rights in the operating agreement. While we often cover appraisal on this blog as a statutory remedy focused on shareholder protection, negotiated appraisal rights can be a part of a corporate lawyer's suggestion box in trying to get a deal done. A minority investor concerned about his or her minority status may be comforted by an appraisal rights mechanism in the foundational documents. Similarly, an investor who is contemplating a minority investment may wish to negotiate for an appraisal provision precisely because it can give an "out"–and, at minimum, bargaining power–if the minority investor sees issues with an otherwise-aboveboard merger. Because appraisal rights are different than breach of fiduciary duty claims and are a post-closing remedy, the minority investor can also point out that appraisal may be a viable remedy in lieu of filing a lawsuit seeking injunctive relief and attempting to block corporate action. This trade–giving up some rights before the closing in exchange for a post-closing remedy–allows the minority and majority investors to protect themselves while potentially creating value for both in the transaction.
Does Romania Have Appraisal Rights?
Yes. At least according to this extensive comparative analysis of U.S., French, and Romanian law in the University of Pennsylvania Journal of Business of Law (France has appraisal too, but that's for another post). While obviously a small market and not known for its presence on the global capital markets stage, Romania has an apparently robust appraisal regime, allowing dissenting shareholders to dissent from a variety of corporate actions, demand repurchase of shares, and have an independent expert assess those shares. The independent expert portion is particularly different from U.S. (including Delaware) litigation, which often sees dueling experts, each with its own valuation models and assumptions. But independent, or at least court-appointed, experts at times do make an appearance in appraisal jurisprudence. Delaware chancellors have considered appointing independent experts to assist them in appraisal, and courts in other states have done so, as well.
Cayman Appraisal–An Update From the Islands
Loeb Smith, a law firm with a Cayman office, provides this update on dissenters' rights in the Cayman Islands, focusing on recent developments in interim payments. In reviewing the landscape of investor strategies regarding Cayman mergers, Loeb Smith also notes–as we have written about previously–"Information can also be disclosed during court proceedings for a judicial determination of the 'fair value' that could later lead to a securities class action in a US court or other jurisdiction where the target company was listed." Indeed, this is true in not just Cayman appraisal but also in any appraisal action. Although recently dismissed on statute-of-limitations grounds, a securities action against Towers Watson had previously been proceeding based in part on information gained in the Delaware appraisal.
2017 Was a Slower Year for Appraisal Filings – But Only Back to 2015 Levels
Cornerstone Research has published a review of 2017 M&A related litigation – and one of the findings is that new appraisal filings in 2017 fell from 2016 highs back to the number generated in 2015.
Guidance on Appraisal Notices (Law360 [$$$])
What do companies need to include in appraisal notices? According to a recent analysis piece in Law360 [$$$], more than they currently disclose. Analyzing a July 2018 opinion by Chancellor Bouchard – Cirillo Family Trust v. Moezinia, No. 10116-CB – the authors of this piece discuss that "merely providing notice of a merger and the existence of appraisal rights is not sufficient" in an appraisal notice. The notice must provide information allowing stockholders to make an informed decision on whether to "accept the merger consideration or to seek appraisal." The authors, citing Cirillo, suggest that at minimum notices should include "information regarding (1) the background and terms of the merger, (2) the value of the constituent corporations, (3) the board's decision-making process, and (4) potential conflicts of interest."
This list of factors appears consistent with the current case law. As appraisal jurisprudence has made clear, conflicts and board deliberations go to the "process" portion of what some commentators have viewed as a sliding scale of deference to merger price. But if a stockholder is forced to make a decision on appraisal without full and fair information on process, it may be impossible – or at least incredibly difficult – for the stockholder to decide whether fair value is being achieved.
The notice in Cirillo was found to be "clearly" legally deficient. "The notice did not include any of DAVA's financial information, any description of DAVA's business or its future prospects, or any information about how the merger price was determined or whether the price was fair to stockholders." But even with such a deficient notice – what remedy is there for a deficient appraisal notice? That's somewhat unclear. Cirillo was a breach of fiduciary case, and the Court dismissed the breach of fiduciary claim with leave to replead. But other cases we have seen suggest that a quasi-appraisal remedy (again, attached to a breach of fiduciary claim) may be part of the answer. An inadequate appraisal notice may excuse a stockholder's untimely attempt to assert appraisal via the quasi-appraisal remedy, or provide ammunition for the argument that the quasi-appraisal remedy is most appropriate because only via discovery can the stockholder get the information they were entitled to in the original (deficient) appraisal notice.
As we continue to see more litigation involving the notice process, the authors' suggestion that issuing good, legally compliant appraisal notices is of increasing importance seems consistent with Delaware jurisprudence.
For a free version of this article (published subsequently), see the Harvard Law Forum on Corporate Governance.
Delaware Chancery Revises DCF Analysis on Reconsideration of Prior AOL Ruling
Vice Chancellor Glasscock issued yesterday this AOL ruling on reconsideration, lowering his prior $48.70 determination to $47.08 — going farther below the $50 merger price — on the basis that he had overvalued one of AOL's pending transactions in his DCF analysis.
The court prefaced its ruling by expressing its displeasure at both parties having moved for reargument, which the court found "rarely efficient or productive" and "encourages run-on litigation." Underscoring that point, the court found that "[u]nlike revenge, justice is a dish that is best served warm."
The court otherwise declined to revisit its prior determination on the other pending transaction and declined to decrease to 3.25% its prior use of a 3.5% perpetuity growth rate: "I may have gotten it wrong, but that is a matter for appeal, not reargument."
Delaware Chancery Decides Solera** and Norcraft Appraisals
The Delaware Court of Chancery just issued two new appraisal rulings:
- Solera (C. Bouchard): the Court awarded merger price less synergies, which comes out to 3.4% below deal price; we have previously reported on the Solera case here; and
- Norcraft (V.C. Slights): the Court awarded a premium of 2.5% above deal price, relying on a DCF analysis and expressly rejecting a valuation based on merger price less synergies.
Both opinions adhered to the Supreme Court's Dell and DFC rulings, although Norcraft held that despite those decisions, a merger price ruling was not warranted on the facts of that case. Also, both cases rejected unaffected stock price as a measure of fair value based on their respective records. The Solera opinion can be found here, and the Norcraft opinion can be found here.
**This firm is one of the counsel of record for petitioners in Solera.
Student Note: Curb Appraisal Rights to Reduce Merger Uncertainty
Does appraisal arbitrage create costly uncertainty for a putative corporate buyer? In The Cost of Appraisal Rights: How to Restore Certainty in Delaware Mergers, 52 Ga. L. Rev. 651 (Winter 2018), the author argues that the well-established ability to alienate voting interest from equity interest with common stock opened the door to appraisal arbitrage – and that either a legislative, or a market plumbing solution, could ameliorate corporate buyers risks when entering into a merger. We've covered before how deal lawyers and others must factor in the possibility of appraisal when looking at a transaction (perhaps even more so when a transaction involves insiders, has a poor process, or otherwise does not comply with shareholder-protective standards) – here, the author proposes solutions.
First, a legislative change to the appraisal holding requirement is proposed: require appraisal seeking shares to be continuously held from the record date. Second, structurally, move the securities recording system from one of fungible bulk to actual share tracing through a system of centralized recording. (Note: We've written before about how blockchain solutions, which can be centralized or decentralized, could affect appraisal).
To briefly recap and oversimplify what these changes seek to 'solve': The vast majority of stock in the United States is held in "fungible bulk" by the Deposit Trust Clearing Corporation (DTCC). Fungible bulk means that one share cannot be differentiated from another share. If a company issued 1,000 shares of stock – any given one of those thousands shares is 'fungible' with any other given share – and they are held by DTCC in 'bulk' – meaning not assigned to a specific (even individual) beneficial owner, but rather in bulk lots assigned to certain nominees, brokers, etc.
Setting aside the wisdom (or lack thereof) of this system, the result is that it is a metaphysical impossibility, generally, to show that any particular share of stock voted for or against a merger (or abstained). The result is that a share purchased after the record date may well be one of the (again, this is metaphysical – the shares cannot be differentiated) shares that voted against the merger (or abstained), and thus, it carries appraisal rights. This becomes an issue only if more shares seek appraisal than could have possibly voted against the merger or abstained.
The author's changes here would certainly restrict appraisal arbitrage; as we've discussed before, structural solutions that allow for actual share tracing could make for all kinds of changes to corporate governance and shareholder rights (including appraisal). Delaware courts — as well as the legislature — have rejected efforts to import a share-tracing requirement in Delaware appraisal.
How Public Do I Need to Be When Seeking Appraisal?
The press release by Arca Capital, which previously announced it is pursuing appraisal with respect to AmTrust Financial, highlights a basic question in appraisal: How public are the proceedings?
As an initial matter, you do not need to be as public as Arca. The appraisal process starts with a series of letters to 'perfect' your appraisal rights – and that occurs between you, your lawyers, and the relevant brokers and nominees. Then, you need to demand appraisal – a step that involves contacting the company. From there, paths can diverge. One may file an appraisal petition; but if you do not, the Company must file one by statute (keep in mind, appraisal is not technically adversarial – its why many of the case names are "In re: the appraisal of" and not X v Y). And at times, you can 'tag along' on appraisal because someone else filed a petition, but you properly sought appraisal.
At some point your name will become public – appraisal proceedings, like the vast majority of American court proceedings, occur in the public domain.
But even then, not every part of an appraisal proceeding will be public. Companies, and investors, have an interest in preserving the confidentiality of their documents and analyses, and Courts often allow confidentiality stipulations and orders, as well as a variety of mechanisms to keep private information private.


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Some easy methods to get started with plumbing makes a great start for newbies. Below are some tips which will hopefully give you a hand into making better decisions and also to start maintaining your home system. You really need it to be effective effectively, so it is to the help to learn something from the tips. Buckeye Arizona
Before beginning any plumbing project all by yourself make sure you do significant amounts of research. There are lots of resources available to help you out in understanding your plumbing system and allow you to avoid many common mistakes made by do-it-yourself novices. Reading about other people's mistakes can certainly make the visible difference of saving or losing money.
Act quickly in case your pipes freeze! Shut down the liquid and open the faucet, enabling it to empty whenever it thaws. Beginning with the faucet, and working your path to the iced-up area, aim a propane torch or hairdryer at the pipe - this will likely quickly defrost it. You might also wrap the pipe inside a heating pad or aim a heat lamp at it, but this may take many years. A last option would be to wrap the pipe in rags and pour boiling water over it.
Don't pour oils, grease or fat down the drain. Whenever they cool, they will likely harden that will create clogs within your drains. This is also true when you have a garbage disposal, as the fat can cause the blades to perform slower and fewer efficiently. Have a container within your kitchen that is utilized especially for discarded grease.
You can check your toilet for leaks by adding several drops of food coloring, Kool Aid or some coffee grounds towards the water inside the toilet's tank (not water from the bowl). Check the water from the bowl after a half hour roughly. If any one of the coloring agent is seen in water within the bowl, the tank is leaking, and you will have to have it repaired.
In case your sink is letting rusty water out and it will surely not drain, it can be mostly likely due to the biological scum and grease that may be built up in the pipes. You should have your drains professionally cleaned, allowing maximum flow via your drains. Your drains must be open completely.
When your plumbing is making strange noises you might have lost something called your "air cushion". To turn this back on, you're going to should shut off your main water supply. Run all faucets in your own home and then turn back on your own main water supply. This would make everything sound better again.
Be sure everyone at your residence knows the location where the main water shut off valve is and they understand how to work it. Doing this, when there is a water problem, anyone with your household can change off of the water, thereby reducing the chances that your particular home will incur major water damage and mold.
Watch how your toilets are flushing. If you have to jiggle the handle or if perhaps it will require too much time, you might have to fix some toilet parts. Replacing these parts early may assist you to spend less on your water bills and could help you save from more expensive repairs later on.
To reach your goals in every plumbing project, make sure you turn this type of water off before you begin unscrewing pipes. This tip may possibly sound insulting, but you are probably getting caught up in getting the right tools and parts and being dressed right. Make sure there is not a splash waiting around for you. Then triple and quadruple check.
Make sure that everyone inside your household is able to shut down the key water supply, or knows how to contact someone who can. In the event of a burst pipe or some other water-related emergency, you ought to immediately switch off water to stop flooding, structural damage, plus a sky-high water bill.
Ensure that everyone in your household knows how to turn off the key water supply, or is able to contact somebody that can. In the event of a burst pipe or some other water-related emergency, you must immediately switch off the water to stop flooding, structural damage, and a sky-high water bill.
Ensure that everyone inside your household understands how to turn off the primary water supply, or is able to contact somebody who can. In the event of a burst pipe or some other water-related emergency, you must immediately shut off this type of water to prevent flooding, structural damage, as well as a sky-high water bill.
In order to avoid wasting water and achieving a potentially high water bill, look at the home for leaky faucets periodically. Fix any leaks that you find straight away. You may be able to perform repair yourself, however, if not, you might have to seek the expertise of a plumber to produce the repairs.
Check how well your toilets are flushing. When the handle needs to be played with in order to keep the liquid from running constantly, or if it needs to be held down a few times to be able to flush, you may have to switch out a few of the parts within your tank. This is simply not expensive, plus it might help lessen your monthly water bill. It could also mean that you steer clear of the embarrassment in the flushing system breaking if you have visitors!
In summary, you would like to back yourself up around it is possible to in terms of taking good care of plumbing issues. Use the details in the following paragraphs to ensure that you know each of the intricacies so that you can hopefully avoid having another individual come out to deal with your issues.


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Words containing baeani
Found 1 words containing baeani. Browse our Scrabble Word Finder, Words With Friends cheat dictionary, and WordHub word solver to find words that contain baeani. Or use our Unscramble word solver to find your best possible play!
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text: Pamela Payne will receive the Diploma in Anglican Studies from The School of Theology at Sewanee in May 2016, and is a candidate for the transitional diaconate from the Diocese of Alabama. Originally ordained in the Christian Church (Disciples of Christ), Pam has served as a pastor, church musician, religious communicator, and teacher in the midwest and south. She received a Ph.D. in Theology from Vanderbilt University, where she studied with the noted ecotheologian Sallie McFague. During 2012-13, Pam participated in an 18-month fellowship program with GreenFaith, an interfaith environmental education and advocacy organization. After completing that program, Pam continues as a fellow with GreenFaith, working specifically in its Divest and Reinvest Now! campaign. She is also a fellow with Sewanee's Center for Religion and the Environment, and now Chairs her diocesan Task Force for the Stewardship of Creation.


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Want to travel for months to an exotic destination like South America but don't have the cash?
Singapore blogger Hendric Tay travelled to four countries during a duration of 76 days, did a ton of activities, and amazingly, spent only $4,900 during the trip.
In his blog pohtecktoes.com, he teaches you how to scrimp and save, and also satisfy your wanderlust.
However he notes that, "This post isn't about how to use the least money possible to travel South America. It is about what you can do to travel smart and stretch your dollar, leaving more money for unique travel experiences."
He feels that travelling on a budget does not mean "eating crap food and bread all day".
Here are some of his advice he shared:
(1) Spend $20 a night on a hostel is preferable to spending $80 a night on a hotel, because you can use the extra cash to do other activities.
(2) Walk or take public transport for short distances unless you are really pressed for time.
(3) Long distance buses will be always be cheaper than flights, and can also be very comfortable.
(4) To prevent getting ripped off, always do some research before engaging in any activity.
(5) The art of bargaining is a very useful skill to pick up. From acting nonchalant to sweet talking, you can save on quite a few bucks to spend on other things with some effort.
(6) Try to walk a little further from the main streets, and dine at places where locals eat. These are usually cheaper and more authentic.
(7) Save on drinks: Avoid buying drinks while dining out. Water is better for you too.
(8) Carry a few pre-mixes from home on longer trips for when you miss Singaporean food. It's also cheaper and a great way to interact with other travellers in the hostels by sharing food.
A more detailed guide is available on his blog.
Visit STOMP for more stories.


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International mining conference held on Nov. 3, tianjin
Clicks:Updated:2014-02-10 21:02:05【Print】【Close】
From today (October 24) of the China international mining conference news conference, according to approved by the state council, the ministry of land and resources, tianjin municipal people's government, China mining association, the ministry of science and technology cooperation and jointly undertake the tianjin bureau of land room canal of 2012 China international mining congress on November 3-6, held in tianjin meijiang convention and exhibition center. Conference will be to "work together to meet, and promoting common development" as the theme, the extensive publicity of the reform and opening up policy of China mining, around the global mining industry sustainable development, the global mineral exploration situation and analysis, mining, mining and the capital market environment and the mining park, comprehensive utilization of mineral resources, such as project for discussion.
The conference will be held in theme BBS, foreign mining minister ? BBS, senior enterprise development theory


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- Arrival date:
- 18.12.2017
- Departure date:
- 23.12.2017
The program is designed for a full five-day game drive, one day of which you will spend in the Tarangire, then in the Ngorongoro and three days in the Serengeti. Serengeti Park is considered by right to be a treasure of the world's wildlife. The unique climatic conditions allow you to enjoy the incredible scenery, you'll be able to see resting lions, sneaking the secretive leopard, graceful antelopes. The advantage of such itineraries is that they give more chances to see the rare representatives of the African fauna: pythons, gemsboks, elands, servals, caracals, secretary birds, crocodiles, black rhinos and many others.
The group arrives at Kilimanjaro Airport (JRO). Participants are met by a representative of Altezza Travel and transferred to a hotel in Arusha.
Note: The hotel cost only includes breakfast. Check-in starts at 2:00 PM.
In the morning after breakfast (around 7:30 AM) your safari guide will arrive at the hotel and inform the receptionist that he is waiting for you. After meeting up with your driver you will travel to Tarangire National Park, and by 10:00 AM you will already be on your first safari!
In this park you have the chance to see lots of wild Tanzanian animals (lions, buffalos, giraffes, zebras, etc.), but above all else it is famous for its astonishing number of elephants, who typically tend to stay close to their drinking source, the Tarangire River.
You should be aware that this is wild nature, so the guide cannot make any guarantees on the presence of specific wild animals, but you can be sure he will do his best to find everything you're looking for! The Altezza team has its own radio channel that the drivers use to communicate to other guides and collaborate on searches for rare species.
At lunch time you will be provided a meal, after which the safari will continue. In the evening you will be transferred to the hotel located on the edge of the Ngorongoro volcanic crater.
Additional notes:
This is your first day on safari, so we ask that you please pay special attention to the national parks visitor rules and our company recommendations.
Thank you in advance for your understanding.
On this day it is best to leave the hotel as early as possible so you can see the variety of animals that are only active during the morning hours; breakfast will be packed in lunchboxes specifically for this purpose. At 6:30 AM you will set off for Ngorongoro Conservation Area, and after about an hour you will already be inside the crater.
Ngorongoro is one of the most famous and interesting of Tanzania's national parks because here you can find the greatest number of different animal species per square kilometer. You will have the chance to see buffalo, elephants, lions, wildebeests, zebras, hippopotamus and feline species such as caracals and servals. The luckiest travelers might even see a rhinoceros, an animal whose numbers are rapidly declining.
By lunch time you will arrive at the lake side, where you will be offered lunchboxes, after which the safari will continue, ending in a few hours with a transfer to Serengeti National Park.
On your travels you will also visit a memorial dedicated to two West German researchers, Bernhard and Michael Grzimek. It is them we have to thank for Northern Tanzania National Parks having survived till our times in its current natural state. You can read their full story in the book "Serengeti Shall Not Die" which can be found on Amazon.com for USD 10–25.
In the evening you will be transferred to a hotel in the center of the Serengeti valley.
After breakfast you will start the safari by being transferred to the central part of the Serengeti (also called Seronera). Here your driver will try to find the animals you're the most interested in. Closer to lunch time you will visit the Serengeti Visitor Centre, where you will be offered a lunchbox and provided with lots of interesting information not only about the animals' populations, but also about the history of the National Park. Also, in this area you will be able to see hyraxes, which are the elephant's closest relatives.
It is difficult to describe in detail all the animals of the Serengeti valley, for they number in the thousands: elephants, buffalo, ostriches, giraffes, jackals, hyenas, lions, antelopes, leopards and cheetahs—just keep your eyes peeled and enjoy the nature around you.
In the evening you will be transferred to a hotel, where you will have dinner and be able to rest.
After breakfast in the morning you will safari in the eastern and southern parts of the park. The greater part of these areas is a savanna with wide open spaces, which provides a likely opportunity to see cheetah hunting antelopes.
By evening you will finish the safari and return to the hotel in Arusha.
Rest in the hotel and transfer to the airport.
Note: Hotel check-out is at 11:00 AM. In case you need a late check-out because of an evening flight, you have the option to extend your hotel stay till 6:00 PM for an extra fee.
|4-day safari + 2 days in hotel
Topi - Tarangire, Ngorongoro and Serengeti 4-day safari
Discount 3% $1.820 $1.766
|Mount Meru Hotel
|BB Bed and breakfast
|Karatu Simba Lodge
|FB Full Board
|Serengeti Simba Lodge
|FB Full Board
|Serengeti Simba Lodge
|FB Full Board
|Mount Meru Hotel
|BB Bed and breakfast
Classic tariff it is an ideal combination of price and quality. We have selected comfortable lodges right in savannah center, which will make your impressions unforgettable. In each of lodges you will be offered a cozy room equipped with all the necessary things including Wi-Fi. A large variety of food for meat lovers and vegetarians will not leave you indifferent!
Professional tour guide-driver will tell all about the wild world of Africa and will find for you the rarest animals of the continent! We are waiting for you in sunny Tanzania!
Multiple encounters with the Africa's Big Five safari animals - lion, leopard, rhino, buffalo and elephant - are guaranteed.
Our safari-guides know every nook and cranny of the National Parks. They will find the rarest animals, and you will make awesome photos!
We work only with reliable lodges, known for their supreme service and comfort standards.
September 27 - October 01, 2018
September 30 - October 08, 2018
October 01 - October 09, 2018
October 03 - October 11, 2018
High-altitude landing


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This article, Gundam Build Fighters Energy -Link Battle-, is property of AndyLikeJapan96.
The Gundam Build Fighters -LINK BATTLE- (ガンダムビルドファイターズENERGY-リンク·バトル-, Gandamu Birudo Faitāzu ENERGY -Rinku Batoru-) is an Japanese science fiction anime television series based on Sunrise's long-running Gundam franchise. This is first sequel to the Gundam Build Fighters Energy anime series, introducing new characters and mobile weapons in this series.
The series takes place in four years after Andy "Alexander" Becker , managed to won the championship and managed to prevent the Evelina Anna Valerianova and Professor Kamil Shaikh from sabotaging the tournament at the same time. After his discovery and enjoyment of Gunpla Battle, Alexander has decided to resign himself from Intelligence Discovery Agency to continue playing the Gunpla Battle.
Meanwhile, the Valerianova Foundation is in crumble state because of arrest of its director and her cousin, Roman Sokolov Valerianova has taken her place as the new director. Then, Roman has decided to announced the Gunpla Battle World Championship with new rules.
- A team must have five members and up to five units - using the mobile suits or non-mobile suit support units.
- Gunplas now have a infinite amount of particles (unknown if it's a hard-set amount of simulated amount) rendering fighters to exercise caution in using particle-draining attacks sparingly.
- Machines for each battle can be changed between each match, but not during the match.
- A Machine used during the tiebreaker must be one of the three that was used during the normal match, and can only be repaired by using parts used during battle.
- Battlefields are chosen randomly by computer.
- Each match has a 15 minute time limit.
- Damage depends on the game settings set before the match. There are three levels of damage settings in the game: A through C. C is shown to be the lowest or most likely non-existent as it is used for training; damage inflicted does not translate into real damage to the Gunpla. A is the highest setting, identical to the damage level set during the previous championships, meaning a Gunpla can be damaged or even destroyed in combat. Typical model damage level during regional matches is level B, while national and open (world) championship is set to level A. It was later revealed that the national championship damage level is level A in order to prepare the participants for their possible future participation in the open championship.
With the new championship has been announced, Andy "Alexander" Becker, along with his friends; Kanazawa Mako and Miyakawa Nana along with their new friends, forming the team with its name "Team G-ENERGY" (チームG-エネルギー, Chīmu G-Enerugī) and decided to entering the championship and dominating the event.
Main Characters
Team G-ENERGY
Team Black Baron
Team Venom Rage
Team Omega Crew
Team Mars
Team Melody Warrior
Support Characters
Mobile Weapons
Team G-ENERGY
- XXXG-DW00 Divewing Gundam M2
- GSC-X220 Crescent Gundam
- GSC-X401L Light Crescent Gundam
- AGE-2VA Gundam AGE-2 Vanquish
- AGE-2VA [NEW] Gundam AGE-2 New Vanquish
Team Black Baron
Team Omega Crew
Team Venom Rage
Team Red Phantom
Team Lost Syndicate
Team Mars
Team Melody Warrior
|Build Fighters
|Regulation E - Episode Shino - Episode Monica | GBF: Another Age | The Runaway - The Returner | GBF SWF | GBF Junior | GBF Revolutions | GBF: A New World | Project Build Fighters | GBF: Steel Builders - ~One Year After~ - SIDE YAMATO - Gunpla CONCEPT - B2 | GBF eXceed | GBF Genesis | GBF Energy - Link Battle - New Link | GBF Extremer | GBF Overdrive | GBF Forever | GBF Survive | GBF Zero
|Locations | Technology | Model Suits | Characters
|Other Timelines
|Universal Century | Future Century | After Colony | After War | CC (Seireki) | Cosmic Era | Anno Domini | Advanced Generation | Build Fighters | Regild Century | Post Disaster | SD Gundam | Galactic Colonization | Kidverse | Forgotten Era | After Destruction | Zero Era | Solar Era | Stardust Century | Diamond Era | Downfall Age | Nightmare Time


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All items > Shop by Brand > NITECORE
- Modes:10
- Max Output:460 Lumens
- Max Runtime:480 Hours
- Peak Beam Intensity:8300 Candela
- Beam Distance:180 Meters
- Impact Resistance:1.5 Meters
- Water Resistance:IPX-8
- LED Type:CREE XP-G2
- Battery Type:18650, CR123
- Batteries Included:No
- Switch:Tail Cap, Side Switch
- Length:4.91"
- Head Diameter:1.00"
- Body Diameter:1.00"
- Material:Aluminum
- Color:Black
- Weight:2.55 oz.
- Brand:Nitecore
- Model:MT20C
- Country of Origin:China
- Product Type:Flashlight
The MT20C has a host of features that set it apart from others. Nitecore has outfitted the MT20C with a tail cap switch and dual side switches (step-up and step-down) to access the 10 different light modes, which includes a red light mode (constant-on/flashing). The MT20C flashlight provides up to 460 lumens from one 18650 battery or two CR123 batteries. Check your battery voltage anytime with the portable multimeter function by pressing both step-up and step-down switches while holding the tailcap button; the red LED will flash to indicate battery voltage (accurate to 0.1V). Includes nylon sheath and lanyard.Features:
- Integrated "Precision Digital Optics Technology" (PDOT) for exceptional beam throw capability
- Direct access to Turbo and Red Light modes
- Intelligent memory effect (except for SOS and location beacon modes)
- Reverse polarity protection
- Toughened ultra-clear mineral glass with anti-reflective coating
- HA III Military grade hard anodized
- Turbo: 460 lumens / 1.75 hours
- High: 210 lumens / 4.75 hours
- Mid: 100 lumens / 12 hours
- Low: 20 lumens / 60 hours
- Lower: 1 lumen / 480 hours


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ERIC Number: ED561985
Record Type: Non-Journal
Publication Date: 2012
Pages: 12
Abstractor: As Provided
Reference Count: 31
Entrepreneurial University Conceptualization: Case of Developing Countries
Farsi, Jahangir Yadollahi; Imanipour, Narges; Salamzadeh, Aidin
Online Submission, Global Business and Management Research v4 n2 p193-204 2012
Purpose: The main purpose of the present paper is to elaborate an entrepreneurial university conceptualization which could be appropriate for developing countries. A conceptualization which distinguishes between different elements of entrepreneurial universities in developing countries, and identifies the common ones. This conceptualization considers the indigenous aspects and the contextual factors. Design/methodology/approach: The authors used a qualitative approach to investigate the concept, more deeply, in developing countries. In order to do so, a series of semi structured in-depth interviews were conducted with ten experts in this domain. Coding of qualitative data--both interviews and documents--was used to identify new dimensions, elements, and variables. The experts were chosen from knowledgeable individuals in this domain in the universities, including university officials, professors, and officials of the Science and Technology Parks. It should be noted that a non-probability sampling technique, i.e. judgmental sampling were used to find the knowledgeable experts of this field of study. Findings: This study presents a conceptualization for entrepreneurial universities in the developing countries. The findings reveal that there are four main elements in the proposed entrepreneurial university conceptualization, which are as follows: resources, capabilities, mission, and impeding elements. Practical implications: The results of the present study could be used for policy making in the higher education sector of developing countries. Also, the results might be compared with the other conceptualizations in different contexts.
Publication Type: Reports - Research; Journal Articles
Education Level: Higher Education; Postsecondary Education
Audience: N/A
Language: English
Sponsor: N/A
Authoring Institution: N/A
Identifiers - Location: Iran (Tehran)


text:
It was not essential for Śrī Caitanya Mahāprabhu to go to Vṛndāvana, for wherever He stayed was immediately converted to Vṛndāvana. Indeed, at that place were also the river Ganges, the river Yamunā and all other places of pilgrimage. This was also expressed by Śrī Caitanya Mahāprabhu Himself when He danced in the Ratha-yātrā. At that time He said that His very mind was Vṛndāvana (mora-mana—vṛndāvana). Because His mind was Vṛndāvana, all the pastimes of Rādhā and Kṛṣṇa were taking place within Himself. Nonetheless, just to teach people, He visited bhauma-vṛndāvana, Vṛndāvana-dhāma in this material world. In this way the Lord instructed everyone to visit Vṛndāvana-dhāma, which is a very holy place.
Materialists consider Vṛndāvana-dhāma an unclean city because there are many monkeys and dogs there, and along the bank of the Yamunā there is refuse. Some time ago, a materialistic man asked me, "Why are you living in Vṛndāvana? Why have you selected such a dirty place to live after retiring?" Such a person cannot understand that the earthly Vṛndāvana-dhāma is always a representation of the original Vṛndāvana-dhāma. Consequently Vṛndāvana-dhāma is as worshipable as Lord Kṛṣṇa. Ārādhyo bhagavān vrajeśa-tanayas tad-dhāma vṛndāvanam: according to Śrī Caitanya Mahāprabhu's philosophy, Lord Śrī Kṛṣṇa and His abode, Vṛndāvana, are equally worshipable. Sometimes materialistic people who have no spiritual understanding go to Vṛndāvana as tourists. One who goes to Vṛndāvana with such materialistic vision cannot derive any spiritual benefit. Such a person is not convinced that Kṛṣṇa and Vṛndāvana are identical. Since they are identical, Vṛndāvana is as worshipable as Lord Kṛṣṇa. Śrī Caitanya Mahāprabhu's vision (mora-mana—vṛndāvana) is different from the vision of an ordinary materialistic person. At the Ratha-yātrā festival, Śrī Caitanya Mahāprabhu, absorbed in the ecstasy of Śrīmatī Rādhārāṇī, dragged Lord Kṛṣṇa back to Vṛndāvana-dhāma. Śrī Caitanya Mahāprabhu spoke of this in the verses beginning āhuś ca te (CC Madhya 13.136).
In Śrīmad-Bhāgavatam (SB 10.84.13) it is stated:
- yasyātma-buddhiḥ kuṇape tri-dhātuke
- sva-dhīḥ kalatrādiṣu bhauma ijya-dhīḥ
- yat-tīrtha-buddhiḥ salile na karhicij
- janeṣv abhijñeṣu sa eva go-kharaḥ
"A human being who identifies the body made of three elements with his self, who considers the by-products of the body to be his kinsmen, who considers the land of birth as worshipable, and who goes to a place of pilgrimage simply to take a bath rather than meet men of transcendental knowledge there is to be considered like an ass or a cow."Śrī Caitanya Mahāprabhu personally renovated Vṛndāvana-dhāma and advised His chief disciples, Rūpa and Sanātana, to develop it and open it to attract the spiritual vision of the general populace. At present there are about five thousand temples in Vṛndāvana, and still our society, the International Society for Krishna Consciousness, is constructing a huge, magnificent temple for the worship of Lord Kṛṣṇa and Lord Balarāma, along with Rādhā-Kṛṣṇa and Guru-Gaurāṅga. Since there is no prominent Kṛṣṇa-Balarāma temple in Vṛndāvana, we are attempting to construct one so that people will be attracted to Kṛṣṇa-Balarāma, or Nitāi-Gauracandra. Vrajendra-nandana yei, śacī suta haila sei. Narottama dāsa Ṭhākura says that Balarāma and the son of Mahārāja Nanda have advented Themselves as Gaura-Nitāi. To propagate this fundamental principle, we are establishing a Kṛṣṇa-Balarāma temple to broadcast to the world that worship of Gaura-Nitāi is the same as worship of Kṛṣṇa-Balarāma.


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Infralert Uses the CIS Controls for Remediation and Planning
Infralert, Inc. provides professional monitoring and alerting capabilities for network infrastructure. From data ingestion, to analytics (algorithms application), all the way through visualization, and empowerment of security operations. Mr. Alikhan, owner, said that Center for Internet Security Critical Security Controls (CIS Controls) are the primary practices his firm uses to assess an organization's security posture and develop a plan for remediation. Mr. Alikhan is a security professional with over 15 years of experience in a broad range of industries. He stated he likes the CIS Controls because they are "more comprehensive and holistic" than most frameworks.
Using the Controls
According to Mr. Alikhan, the CIS Controls are a good starting point for remediation. Mr. Alikhan stated, "Our clients like them because they provide an understandable framework for improving their security." Infralert performs security assessments and penetration testing based on organizational needs, and generates executive reports with the ranking of exploits to begin their work.
CIS Controls Appreciation
When asked if Mr. Alikhan encounters any challenges with the CIS Controls, Mr. Alikhan stated, "No, our clients appreciate the Controls because we are actually bringing something to the table. They may have heard of the CIS Controls but they do not see them applied in the way they see some of the other standards. That is definitely where the CIS Controls get appreciation." Mr. Alikhan explained the Controls are useful because there are "just 20 general areas to look into and define from an organizational standpoint." Infralert wants to educate organizations about good governance from a technology standpoint and a people standpoint. "We come in and help and guide them with questions."
Mr. Alikhan is seeing more client recognition in 2016 of the CIS Controls with operational IT than corporate IT. This is especially true in the energy industry during real time drilling. Concerns are focused on outsider threats where the areas that become important are wireless access control, data protection, and boundary defenses leading to malware detection. Using tools like CISCO to detect that can go back and restore systems to a previous day and time.
"The CIS Controls are more comprehensive and holistic than most frameworks."
- Mir Alikhan, Owner, Energy and Utilities Remediation Case
Enforcement and Safety Zones are important yet often overlooked in remediation exercises. The primary focus at this level is to protect the operation and personnel by way of monitoring and enforcing aspects of the overall Industrial Control System (ICS). Energy and Utility entities are governed by Critical Infrastructure Protection (CIP) compliance requirements. However, compliance as many in the industry know, does not necessarily equate security.
To remediate such zones from exploitation, an organization outside the United States met the quad redundancy on premise requirement, and then opted to add two additional instances of their ICS monitoring systems offsite in a hybrid cloud environment developed by The OpenICSTM Foundation, with secure transmission lines utilizing microwave networks. This method kept the organization within the CIP guidelines, but also added layers of protection from attack vectors from Level 0 (Operations Zone) through to Level 5 (Business Zone).
About Mir Alikhan
Mir Alikhan, PMP, CSQE, is a business manager with more than 15 years of project management, business analysis, requirements management, quality management and financial analysis in both the public and private sector. His vast knowledge and experience spans several industries such as Construction, Health Care Management, Health and Human Services, Telecommunications, Publishing, Environmental Management, Seismic Oil & Gas Exploration, Education Management, and the Legal Industry.
Mir was also an elected board member of the Project Management Institute (Austin Chapter). He served as the Chief Operating Officer (COO) and was President-Elect also. Additionally, he is an active member of the American Society for Quality (ASQ) and the Healthcare Information and Management Systems Society (HIMSS). Mir is an ITIL version 3 Foundation certified Project Management Professional (PMP) and Certified Software Quality Engineer (CSQE). He received his Bachelor of Science in Finance from Louisiana Tech University.
About the Center for Internet Security
CIS is a forward-thinking, nonprofit entity that harnesses the power of a global IT community to safeguard private and public organizations against cyber threats. Our CIS Controls and CIS Benchmarks are the global standard and recognized best practices for securing IT systems and data against the most pervasive attacks. These proven guidelines are continually refined and verified by a volunteer, global community of experienced IT professionals. CIS is home to the Multi-State Information Sharing and Analysis Center (MS-ISAC®), the go-to resource for cyber threat prevention, protection, response, and recovery for state, local, tribal and territorial government entities.