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Nets' T.J. Warren looks to provide depth after making return
T.J. Warren finally made his long-awaited return to an NBA court on Friday. Now what's in front of him?
How will the Nets use him, and what does the oft-injured veteran forward bring to the team?
"Just effort," Warren said. "My ability to be versatile out there, be a two-way player, something I took pride in since coming into the NBA, being able to guard multiple guys. And just be able to be that three-level scorer at the same time and just try to feed off guys to just play hard, trying to be that contagious effort guy.
"Just being aggressive when I go out there, taking pressure off the guys and just being myself. I could always score in this league, so just staying aggressive as well as take pride in defending. Since I came in the league I heard the word two-way, two-way, two-way, so I just want to be one of those guys, a complete player on both ends giving effort. So just take pride in being a two-way player."
Warren's appearance in the Nets' 114-105 win over the Raptors on Friday was his first NBA action in 703 days. His previous game was on Dec. 29, 2020, and the forward essentially missed the past two seasons rehabbing from multiple surgeries on his left foot to fix two stress fractures. He's expected to be fine and to play Sunday against the Celtics.
Adam Hunger/Getty Images
"I had no concerns mentally with my foot. I put in a lot of work to get back to this point. I was super confident in the way I was feeling, the way I was moving," Warren said. "I was moving pretty good. Only get better from here."
Despite trying to manage expectations, Warren had 10 points on 5-for-11 shooting and added four rebounds in his return, looking like he'd never left. His 16:38 stint — with his mother Althea among the sellout Barclays Center crowd — represented the emotional capstone of a two-year fight to get back.
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"I've been talking to my mom a lot. She's been keeping me emotionally in sync," Warren said. "Family and friends, they've been in my corner through the ups and downs the past two years. Me just being out of sight, out of mind — [people] wondering 'Where's T.J. Where's T.J.?' — just know I was really working behind the scenes to get to this point."
But now that he's here, what can he provide?
Nets general manager Sean Marks' rebuilding was largely done by hitting on low-risk reclamation projects. Warren could be next, after he signed a minimum contract.
Warren averaged 19.6, 18.0 and 19.8 points in his last three healthy seasons. The final of those came on splits of 53.6 percent field goal, 40.3 3-point and 81.9 foul shooting for a Pacers team that finished fourth in the Eastern Conference in 2019-20. Adding in his three-level scoring and his 6-foot-8, 220-pound frame could make him a steal.
"Overall, just the physical, bigger body that you can put out there: That's the immediate piece," coach Jacque Vaughn said. "We can couple him with bigger lineups or smaller lineups, so that really helps — his ability to just score the basketball.
"He's a scorer. He's started to stretch his game to 3, which, early in his career, he didn't do that. His ability to hit little runners and fadeaways and touch-up shots. … At the end of the day he can score the basketball, and we'll try to put him in positions where he can think instinctively and just play."
Warren doesn't rely on raw athleticism as much as constant motion and savvy cutting. Stretching his range out to the 3-point arc takes him to another level, and makes him a perfect complement to — and backup for — Kevin Durant.
Durant came into Saturday leading the NBA in minutes (882), with Royce O'Neale No. 2 (855). Warren could ease the burden on both.
"We've had to play Kevin more minutes than we've wanted to," Vaughn said. "As we continue to get people back into the fold, it really does give us some flexibility to play different lineups. So we'll try T.J. with [Durant] and we'll try him without him. But he will hopefully — as he catches up to the speed of the game and his conditioning — give us the ability to play him in a lineup where Kevin can rest."
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When Rainbow Rowell and Kris Anka go on a week long-Twitter rampage describing this issue as what they've been building up to this entire time, you get hype when you lay eyes on the divine cover art. You get all the feels once you see where this issue is going. Once you finish the final page, everything in the universe just feels right. That's exactly what happened, and I could not be happier with the outcome. Rainbow Rowell, Kris Anka and colorist Matt Wilson take us on a time-traveling romp to hunt down one of the most gorgeous, extinct animals to ever live. They bless us with a long-awaited reunion — years in the making. On top of that, they blow the hinges off visual expectations, leaving us with arguably the greatest issue we've seen in a Runaways book. Let me stop fawning and get right into this one, then.
After leaving readers with that bombshell of a change in hair color, outfit, look and vibe for Gert; we are given a completely unexpected turn of events for our dino-loving non-conformist. After brooding in her new brunette look while complaining about this time machine that she inherited (but just sits in the garage like a forkin' PT Cruiser), her and Victor get into some Wakandan mischief.
No no no, they don't head out to the motherland…but a key piece of Wakandan technology helps Gert and Victor put that 'ol time-traveling piece of junk back to good use. What begins as a search for what might be the dopest-sounding flying insect of all time, turns into a crisis of introspection for our almost-human flying drone head. From there on out is one of the most stunning series of pages my opticals have gazed upon, but I refuse to go any further. This book needs to be copped ASAP in order to fully enjoy the greatness of this artistry.
On the flip side of things, Karolina is in a bit of a funk — evident by the lack of forks given when Chase and company reveal a skylight built for her so she isn't sapped of her power-charging sun ray intake. The organization her maniacal child-killing parents left behind is the only positive she has to reflect on. The fresh 18-year-old on her Met Gala flow as a new member of the board would've been great. Julie is long gone and a girl can't be flying solo when stuntin' on a bunch of old farts signing checks for the Dean Foundation. Y'all, please believe when I tell you I almost cried as I witnessed Karolina rescued and supported in a way that she hasn't felt since that fateful night two years ago. I damn near had JT's track trending on Twitter.
Everything just felt right. With Rainbow Rowell building up the momentum, and Kris Anka drawing like a man possessed, my expectations were through the roof. I'll keep it simple and just say that the results were astounding. The fireworks ignite in an explosion of joy and adoration as the final pages unite our two storylines.
As corny as it sounds, it'll leave you all warm and fuzzy inside. This is the stuff of teenage hormonal legend. I can't praise Matthew Wilson enough, for his coloring is as mesmerizing as can be. If these 3 can continue to string together jaw-dropping books like issue #12, they're going to elevate Runaways from a book you probably should be reading to absolutely necessary literature for fans of any genre.


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The Brothers Karamazov (Paperback)
By Fyodor Dostoevsky, Maxim Larin (Illustrator), Tony Evans (Retold by)
As Dimitry struck him Grigory screamed and fell back, the blood streaming horribly from his head. Dimitry bent over him, trying to stop the flow with his handkerchief which turned soaking red in an instant. Alexey, Ivan and Dimitry Karamazov were sent away by their father Fyodor when they were very young. Now the three brothers are together again but will Dimitry's bitter quarrel with Fyodor spoil their homecoming? Dimitry and his father both want to marry the beautiful Grushenka. Fyodor is old and ugly, but offers her wealth and security. Will she accept either of them, and if so, who? The sickly, timid servant Smerdyakov confesses to a terrible crime. Is he telling the truth? Can the deadly rivalry between father and son be settled peacefully, or must it end in tragedy?
Real Reads are accessible texts designed to support the literacy development of primary and lower secondary age children while introducing them to the riches of our international literary heritage. Each book is a retelling of a work of great literature from one of the world's greatest cultures, fitted into a 64-page book, making classic stories, dramas and histories available to intelligent young readers as a bridge to the full texts, to language students wanting access to other cultures, and to adult readers who are unlikely ever to read the original versions.
Publisher: Real Reads
Paperback (January 7th, 2016): $19.99
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Check out all the latest happenings at Trentino ski resorts, from new lifts to terrain expansions, in addition to Trentino weather forecasts, photo galleries, infographics and current events skiers and mountain travelers should know about. Stay up-to-date on Trentino ski resort news and events by clicking on articles from the list below or page through to see Trentino coverage from the entire ski season.
Folgaria in Italy has created a new piste and installed a carpet lift to get around a long standing layout problem with its extensive ski area. The ski area offers a total of 54km of runs suited to all skiers from beginners to advanced level.
The little resort of Pejo, in the heart of Stelvio National Park, will open a rare new lift "Tarlenta" this December. The new lift is located next to the old Mantova Alpine Hut in the Val della Mite sector.
Val di Fiemme, the renowned tourist resort at the foot of the Dolomites in Italy, stands out because it offers the double opportunity for practising both alpine and nordic skiing to the highest level. The pistes are skiable from December to April, and although there's been huge snowfall already this winter, that's backed up with artificial snow-making. The area also features a network of fast and up-to-date lifts, showing the most modern dimension of skiing.


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Musicians Can and Should Organize to Improve Their Pay and Working Conditions
Joey La Neve DeFrancesco
The music industry is making money hand over fist, but life for average musicians remains incredibly precarious. But musicians aren't temporarily embarrassed millionaires — they're workers. And like any other worker, the solution to their problem is collective organizing.
Courtesy AFM Local 47
The music business is making more money than ever. A 2019 Goldman Sachs report estimated the industry could top more than $41 billion annually by 2030, as compared with $25 billion per year in the 1990s. But, as in the larger economy, that money is only going to those on top, to executives and their few dozen chosen stars. Working musicians have seen stagnant or declining wages and power for decades, exacerbated by already paltry public funding further drying up.
Artists have largely accepted this grinding inequality as an inevitability of the music industry's tough but fair meritocracy. To adapt John Steinbeck's observation, musicians see themselves not as an exploited proletariat, but as temporarily embarrassed pop stars. Each musician is taught they will make it big with their unique combination of hustle and talent; a united movement to fight for their collective interests is nowhere on their radar. The result is a vast pool of cultural workers battling one another for increasingly small resources as the top earners rake in unprecedented profits.
While the current landscape seems grim, musicians do have a proud history of collective action. The American Federation of Musicians (AFM) led successful strikes for royalties in the 1940s, and it continues to play an essential role to protect certain sectors of musicians. Artists have repeatedly united as part of solidarity movements, such as against South African apartheid.
The last three years have seen an inspiring resurgence in musician organizing, with artists uniting to force concessions from SXSW and other major festivals. Most recently, this October, more than a thousand musicians created No Music for ICE, pledging to fight Amazon's music wing until the company ends their technical support for Immigration and Customs Enforcement (ICE). In November, organizers escalated the movement and led a mass takedown of music from Amazon, the first time artists have orchestrated a collective removal of music — or any product — from a digital distributor, an important labor milestone in the digital cultural landscape. Last month, the group pledged to picket Amazon-sponsored events at SXSW in March. Those real-life protests would mark yet another first for musicians.
The new musician movement is still in its infancy, but its victories and new tactics demonstrate artists' potential to organize, build power, and win, even in the internet age.
Musicians on Strike
Artists were not always so weakened. During the first half of the twentieth century, musicians were a well-organized sector with significant bargaining power, largely through the AFL-CIO-affiliated American Federation of Musicians (AFM). Founded in Indianapolis in 1892, the AFM was originally a very large tent, with "any musician who receives pay for his musical services" eligible to join. From its early years, the union had to organize around dramatic industry changes in technology and management, such as the introduction of recorded audio in film screenings, which put silent films accompanists out of work.
The AFM grew in its first few decades, and in 1942–1944, it led the longest strike in US entertainment history for its members to receive royalties. Commercially available recorded music was still a relatively new technology, and labels had been refusing to pay musicians any portion of record sales. As profits grew, musicians began demanding a cut. The AFM launched a strike in August 1942, and union members refused to record with commercial labels until they agreed to pay royalties, shutting down a significant portion of the industry. By November 1944, musicians claimed victory when all of the major labels — including Decca, RCA, Columbia, and Victor — ceded to the union's demands for royalties.
The AFM struck again in 1947, and it continues to exist as an 80,000-strong organization that plays an essential role in protecting rights for orchestra, theater, session, and other professional musicians. And even these organized musicians face constant attacks. In a recent piece for the Baffler on the instability faced by orchestra musicians, Kate Wagner describes symphony members who "schlep their instruments around in substitute gigs from orchestra to orchestra, unable to get a full-time job, teaching their students, paying off their debts with poverty wages from performing or adjuncting, and walking the picket line."
That precarity has led to a recent uptick in AFM actions. From March through April 2019, the union members with the Chicago Symphony Orchestra led a seven-week strike, winning wage increases and compromises on benefits and pensions. The Baltimore Symphony Orchestra also went on strike this September, after management presented a contract with significant wage decreases after having locked out musicians since June.
The AFM, then, maintains power in certain sectors and deserves continued support. But its decline as an industry-wide player began in the 1950s with the rise of rock and roll, as a huge influx of workers in popular music genres entered the business. Now, instead of hiring formally educated, seasoned musicians operating out of hiring halls, labels turned to untrained pop musicians to create records.
Conventional union models no longer functioned, and rather than adapt to organize the new workers, the AFM sank into a craft union model, ignoring or actively working to box out the newcomers. Retreating from their member definition as "any musician who receives pay for his musical services," the AFM fought the introduction of rock and roll, maintained racially segregated Locals that often barred black musicians from work, pushed for immigration laws to keep foreign rock musicians out of the country, and continues to largely ignore popular music. Given the AFM's abandonment of workers in pop genres — now the vast majority of musicians — a recording strike bringing Sony, Warner, and Universal to their knees seems unimaginable.
While they lack formal union representation, popular musicians have nevertheless attempted to develop their own models for collection action. Battles over royalties continue, with musician-connected nonprofits like the Future of Music Coalition, and performance-rights organizations like BMI, ASCAP, and SoundExchange leading fights for legislation to bring more money into musicians' pockets. Collectives like the Association for the Advancement of Creative Musicians — founded in the 1960s by members of the Art Ensemble of Chicago — advocate for music education, provide grants, and more.
US artists also have a history of united solidarity actions. In the 1980s, musicians created Artists United Against Apartheid to meet the African National Congress's call for a cultural boycott of apartheid South Africa, staging numerous concerts and creating the protest track "Sun City." Thousands of artists have signed onto the BDS (Boycott, Divestment, Sanctions) movement's boycott of Israel.
Outside of the United States, artists are often far more organized, frequently taking part in strike actions to preserve benefits such as pensions, health care, public arts funding, and more. Unionized performers in France, for example, shut down the country's 2003 festival season with a massive strike over threatened cuts to the intermittents system, which gives special unemployment benefits to artists. The UK-based Musicians' Union (MU) lobbies for fair pay, arts education, and musicians' rights, recently launching a post-Brexit campaign to "retain mobility, funding, copyright and workers rights" for UK musicians touring in the EU, and for EU musicians working in the UK.
Thriving at the Top
While musicians' collective action was never fully killed off, the lack of modern grassroots organizing is glaring. Musicians have largely failed to build significant power within the industry, or to unite in solidarity with the rest of the working class.
Much of the disorganization is due to the ever-increasing exploitation and inequality in the music business. The industry has seen massive growth in recent years, but in line with the overall economy, those resources are only accumulating at the top.
As Astra Taylor documents in The People's Platform , the internet was pitched in its early days as a way to democratize and redistribute resources within the industry. But instead, the top three labels (Sony, Warner, and Universal) and their small group of star artists have sucked up an ever-increasing percentage of money. The three major labels today control a larger portion of the market than they did in the late '90s. According to Taylor, "in 1986, there were thirty-one number one songs by twenty-nine different artists; by 2008, six artists were responsible for almost half of the sixty-six songs that had risen to number one." Today, a major label backs every one of Spotify's top ten artists with the most followers.
As the private sector directs resources upward, already paltry public arts funding is under constant threat. Democrats have fended off the Trump administration's attempts to completely cut the National Endowment for the Arts, but the organization's $150 million budget is still below its 1992 peak of $172.6 million. Only $8 million of that is dedicated to music for a US population of 321 million people, as compared to France, which dedicates $307 million in public music funding to its 67 million people, or England, which gives $227 million for a population of 43 million.
Without state support and with only a tiny fraction of the private industry's resources, smaller artists are struggling. According to a 2017 survey by the Music Industry Research Association, the median income of a working musician was just $21,500 from music related sources. A Future of Music Coalition survey found that 43 percent of artists had no health insurance whatsoever. A survey published last month by the Creative Independent had similar findings, showing that "Just 12% of musicians reported that 80%–100% of their income came from music-related work."
Yet somehow the conception of artists as fully independent, individual creators and businesspeople persists. Even in the age of algorithmically determined streaming, artists are taught that the path to success is a matter of smart entrepreneurial moves.
A recent Pitchfork article paraphrases Brian Message, cofounder of ATC Management, as saying the key for bands is that "new bands start small, set achievable goals over a number of years, and maintain decision-making control as the fanbase swells." Similar pull-yourself-up-by-your-bootstraps advice fills endless space across music business sites and conferences, always emphasizing the artist is a solo pilot who only needs to play the game correctly to access the industry's capital. University music departments now devote significant resources to arts entrepreneurship courses. As musicologist Andrea Moore writes, this omnipresent neoliberal logic discourages collectivity and serves to "habituat[e] musicians to precariousness and insecurity through its rhetoric and institutional endorsement."
Artists become blinded by temporary treats like press profiles, social media followers, and Spotify playlisting, which feel glamorous but offer no lasting income or power. New Museum union campaign leader Lily Bartle observed the difficulty of organizing cultural workers in this context: "There's an individualist ethos that's totally oriented around the possibility of upward mobility. In that way, the industry is a little bit allergic to organizing."
The small-business framework limits musicians' political possibilities to a set of individualized yes-or-no decisions. Sign the contract or not? Play the show or not? Social action is reduced to personal morality, and collective protest is largely unheard of. Any band performing even slightly angry music in the Trump era has faced a variation of the interview question, "Is your music political?" Usually, the journalist is speaking to the music's lyrics, probing whether they address any social justice themes. Maybe the interviewer also wants to know the band's personal business ethics: do they work with major labels, play corporate festivals, or license their music to distasteful companies?
Always, though, the questions are meant individualistically, addressing the musician as a small business producing a product that is either woke or not, either operating with principles of ethical capitalism or not. Collective action is not even considered.
Despite these structural and ideological obstacles, and in line with growing movements across the working class, musicians are finally showing signs of organizing. A notable flashpoint occurred in 2017 over a clause in SXSW's artist contract, wherein the festival threatened to work with ICE to deport foreign artists who performed at unofficial SXSW showcases. When artists began noticing the clause, several snapped into action.
Musician Told Slant first announced they were dropping off the festival, then an ad hoc group of musicians formed to capitalize on the momentum, organizing hundreds of artists to sign an open letter to SXSW demanding that the festival drop the clause and disavow any future collaboration with ICE. The unprecedented protest so frightened the festival that, after just one week, SXSW conceded to the artists' demands. It was a significant victory for a network of indie musicians to so rapidly claim victory over one of the largest and most corporatized music festivals.
Since then, musicians have also shown their ability to exert power by working in coalitions. This year, many of the same artists joined nonprofit Fight for the Future's (FFTF) campaign to pressure music festivals to ban facial recognition technology. The artist coalition's participation again garnered headlines across a music press surprised by the united protest, and by October, every major music festival, including Coachella, Pitchfork, Lollapalooza, and Primavera pledged to ban the invasive technology.
Once again, an informal group of smaller artists acting collectively forced concessions from some of the largest players in the industry.
#NoMusicForICE
Similar efforts have recently been launched against Amazon. The company began selling music in its earliest days, but recently accelerated its encroachment into the industry. The company launched their first streaming service in 2016, expanded this year to offer HD and ad-supported free versions. They have dabbled in exclusive content since 2015, but last year began ramping up their "Amazon Exclusives" section, commissioning bands to create unique content only available on Amazon.
The company's most significant move into music came with the October 16 announcement of Intersect Fest, a massive music festival put on by AWS in Las Vegas over December 6–7. The festival featured headliners like Foo Fighters, Anderson .Paak, Kacey Musgraves, and Beck, and promised attendees experiences "combining art, music, and technology," including "Flying Lotus's next-generation 3D live experience, Gesaffelstein's otherworldly Vantablack VBx2 show, and . . . [a] Kacey Musgraves perform[ance] alongside a fleet of over 500 Intel drones choreographed by an all-female team."
The festival's theatrics came in stark contrast to the company's deep complicity in human rights abuses. In 2017, the Intercept published a report on the Peter-Thiel-cofounded company Palantir, documenting its Investigations Case Management (ICM) program, a vast system that compiles public and private data to help ICE track down and deport immigrants. According to MIT Technology Review , ICM is "fueling the mass surveillance and targeting of immigrants at an unprecedented scale."
Amazon Web Services operates as the technical base for Palantir, hosting the company's massive operations on its servers. Amazon also hosts the Department of Homeland Security's (DHS's) other immigration-related databases, including USCIS and biometric data for 230 million individuals, and provides cloud services to the CIA.
Exact numbers are not publicly available, but Amazon makes profits in the billions off these government contracts, far more than any other tech company. As immigrant justice group Mijente explains, "Through intense lobbying of policymakers and law enforcement officials, Amazon and Palantir have secured a role as the backbone for the federal government's immigration and law enforcement dragnet, allowing them to pursue multi-billion dollar government contracts in various agencies at every single level of law enforcement."
In response, immigrant rights groups and tech workers have demanded Amazon cut its contracts with ICE and the DHS. Tech workers launched the #TechWontBuildIt campaign in 2018, and early in 2019, Mijente launched No Tech for ICE. (Of course, Amazon also commits abuses beyond its ICE contracts, notoriously overworking and underpaying its warehouse workers, and holding vastly outsize influence in local politics in Seattle and other cities where its offices are concentrated.)
So, when Amazon announced Intersect Festival, artists and fans immediately expressed outrage at the unprecedented movement into the music industry. An informal network of musicians — many of the same artists who spearheaded the SXSW and facial recognition efforts — quickly connected to plan a reaction, and a few days later, they launched the No Music for ICE, in explicit solidarity with No Tech for ICE.
Within a week, the group had organized more than a thousand musicians to sign onto a pledge to boycott all Amazon festivals and exclusives until the company ended its support for ICE. The action was picked up by every major music website, leading more bands to join the campaign. At least one artist, Black Madonna, dropped off the festival bill in protest; another, JPEGMAFIA, also quit the festival, though without explaining why.
A month later, the campaign escalated with a coordinated mass takedown of music from Amazon's digital marketplace and streaming services. The action was the first such collective withholding of music in the digital era — a smaller protest than the AFM's 1942–1944 strike, but nevertheless an important milestone for digital-age cultural workers.
Seemingly due to the widely publicized movement, Intersect Festival received no national media coverage, and the artists performing were virtually silent about their participation on social media. While measuring victory is difficult, it seems musicians' organizing effectively halted Amazon's attempt to use Intersect to expand and further cool their music brand. On January 15, No Music for ICE announced that artists would hold pickets of all Amazon-sponsored music events at SXSW in March. Those actions would mark the first artist-led in-person protests ever at a major music festival.
The Future Is Unwritten
The successes of the SXSW and facial recognition fights, and the new tactics developed in the ongoing No Music for ICE battle, show that musicians can organize and win even in a highly precarious and monopolized cultural industry. The small ad hoc groups of largely independent artists leading these efforts were able to quickly enlist hundreds of other bands and utilize the press to bring these companies to fast concessions. These collective actions worked, and they accomplished far more than the individualistic, entrepreneurial decision-making typically offered to musicians as political action.
Importantly, the SXSW, surveillance, and Amazon fights all share a broader connection with national protests against ICE and the prison-industrial complex. As Future of Music Coalition director Kevin Erickson told me in an interview, "One of the things that we've learned over the years is that musicians seeking change in any aspect of our business are going to be most successful when we are able to build coalitions with other movements for change, to explicitly draw connections between the needs and concerns of working creators and broader movements for labor justice and media reform."
Those national fights directly affect many artists, but musicians can also fight directly for their own interests. Having built the skeletons of organization, we can imagine these informal groups of artists solidifying into a more lasting movement, creating a big-tent union that proactively organizes all music workers. Any new organization would likely not focus on forging contracts with record companies, as did the AFM of old, but rather use collective action to win concessions and redistribute resources in the modern music landscape. These musicians' unions could intensify existing solidarity actions, but also make demands that directly serve artists: more revenue from Spotify streams, increased public arts funding, Medicare for All, larger advances from labels, pension funds, and more.
Recent articles about artist labor action typically focus on millionaire superstars, such as Taylor Swift's battle with the aptly named Big Machine Label Group over whether she could perform her songs owned by the company. While actions like Swift's call-outs of Big Machine and the private equity behind it are heartening, it seems more likely that any redistributive change will necessarily come not from music's highest paid artists, but from musicians in the industry's lower economic strata. These are the most exploited musicians, those most affected by recent industry shifts, and as low-income workers, they are those most likely to act in solidarity with the rest of the working class.
Musician collective organizing is still rebuilding from decades of inaction and destruction, but the victories of the past three years demonstrate it is possible for artists to build power and win. A movement from below can and must further transform the industry, forcing companies to direct resources downward. Given the industry's increasingly stark inequality, either musicians will join a collective mass struggle to force necessary change, or we will slowly witness the complete destruction of artists' working conditions.
Joey La Neve DeFrancesco is a public historian, organizer, and musician based in Providence, Rhode Island. He runs the labor history program at Slater Mill Museum and is a member of the band Downtown Boys.
American Federation of Musicians
The music business is making more money than ever. A 2019 Goldman Sachs report estimated the industry could top more than $41 billion annually by 2030, as compared with $25 billion per year in the 1990s. But, as in the larger economy, that money is only going to those on top, to executives and their […]
The Day the Music Stopped
Kate Wagner
Class Struggle at the Chicago Symphony Orchestra
John Bruce Yeh
Youming Chen
Clara Takarabe
Fight at the Museum
Lily Bartle
When Labor Fought Rock-and-Roll
Shaun Richman


With The Light of Truth is published by Memento Publishing and was compiled by Dan Smith. 13 inches by 9 inches. 256 full-color pages. Hardcover, with a gorgeous front cover that features gold foil embossed on black saifu cloth; gold gilded edges; and a black ribbon bookmark. Each book comes shrink-wrapped. To top it all off, it's only 50 bucks!
The interview questions and profiles in this book are very uplifting and present a positive outlook on life, which can further be seen through each of the featured artisan's accomplishments. Each artist has their own profile, with interviews, a photo of themselves, and a page of artwork which was created specifically for this book. There is also a gallery of each participant's tattoos to follow their profile. Click here to your your copy today!


Rotherbaum and Harvestehude are neighborhoods situated close to the outer Alster Lake. This upscale, residential area is marked by representative villas and leafy avenues a stone's throw from the Alster, perhaps Hamburgers' favorite place for a jog or a stroll.
Did you know that the Master of Law and Business team can help you find accommodation while you study at Bucerius Law School? The Master of Law and Business team has reserved rooms and small apartments in two different residence halls in Hamburg, is in contact with people who wish to sublet rooms in their private residences and can generally answer many questions regarding housing in Hamburg.


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The Institute for Creation Research (ICR) is a creationist apologetics institute in Dallas, Texas, that specializes in media promotion of pseudoscientific creation science and interpretation of the Genesis creation narrative as a historical event. The ICR adopts the Bible as an inerrant and literal documentary of scientific and historical fact as well as religious and moral truths, and espouses a Young Earth creationist worldview. It rejects evolutionary biology, which it views as a corrupting moral and social influence and threat to religious belief. The ICR was formed by Henry M. Morris in 1972 following an organizational split with the Creation Science Research Center (CSRC).

Its work in the field of creation science has been rejected by mainstream science, but has been significant in shaping creationist thought in the United States by introducing creation science through fundamentalist churches and religious schools, and by engaging in public debates against supporters of evolution. The ICR also offers unaccredited graduate level programs in Biblical Apologetics, including a minor in Creation Research. The ICR also operates the ICR Discovery Center for Science & Earth History museum in Dallas, Texas.

History

The origins of the ICR can be traced to the Creation Science Research Center set up by Henry M. Morris, along with Nell and Kelly Segraves, at the Christian Heritage College (now San Diego Christian College) in 1970. However, the Segraveses and Morris disagreed on the focus of the center, with the Segraveses favoring political and promotional activities, whilst Morris favored educational and scientific efforts. This led to the breakup of the center in 1972, with the Segraveses taking control of the center and severing ties with the university, with Morris reorganising the remaining staff into the Institute for Creation Research.

The ICR defined its work in terms of three ministries: research, writing and speaking. Historian of science Ronald L. Numbers states that "[d]espite its name, the institute for years conducted little research outside the confines of its modest library" and cites (founding member) Duane Gish as "explain[ing] apologetically in 1978, [that]  the staff devoted much of its research effort to scouring the scientific literature for references favorable to creationism." Numbers does note that it engaged in a number of archaeological and geological expeditions, including two in search of the mythical Noah's Ark, with geologist Steven A. Austin, working as an "off and on" visiting scientist until taking a full staff position in 1979, single-handedly conducting most of its non-literary research. Influential scientific creationist Walter E. Lammerts complained that "[t]he main trouble is that Henry looks at this whole thing as a sort of 'missionary' effort rather than a scientific one." It maintained tax-exempt status as a religious institution carrying out "non-scientific research."

In the early 1980s, the ICR severed its ties with Christian Heritage College to downplay its religious connections and portray itself as secular scientific institution. Ken Ham, a speaker and former high school science teacher in Australia, once worked for the ICR producing a series of seminars "Back to Genesis". In 1994 Ham left ICR to found what would become Answers in Genesis (AiG). Currently, at least one ICR staff member is also on staff at AiG.

In 1985, the ICR helped Turkey's education minister Vehbi Dinçerler, introduce Islamic creationism in Turkish high schools.

In 1987, the ICR's statement of belief was cited in the U.S. Supreme Court ruling of Edwards v. Aguillard. Justice Lewis F. Powell Jr. wrote that "If no valid secular purpose can be identified, then the statute violates the Establishment Clause." He continued noting information on ICR and Creation Research Society including "a review of their goals and activities sheds light on the nature of creation science." He then explained, "the intent of the Louisiana Legislature was to promote a particular religious belief" and the court ruled that teaching creationism was unconstitutional.

In 1992, the ICR opened the Museum of Creation and Earth History. When the ICR moved from Santee, California to Dallas, Texas, the ICR sold the museum to the Life and Light Foundation, a non-profit ministry run by Tom Cantor, in 2008.

With the Creation Research Society, ICR released statements in 2005 about the RATE (Radioisotopes and the Age of The Earth) project, providing a young-Earth creationist perspective on dating techniques like radiometric dating.  RATE claimed that evidence supported over 500 million years of radiometric decay at today's rates but that it also supported a young earth. It speculated that nuclear decay rates must have accelerated by a factor of approximately one billion on the first two days of the Creation week and during the Flood.  Non-affiliated experts who have scrutinised the claims have unanimously rejected them as flawed, noting that the integrity of science was compromised in favor of a message affirming the reliability of the Bible. RATE was chaired by Larry Vardiman and included Steven A. Austin, John Baumgardner, Steven W. Boyd, Eugene F. Chaffin, Donald B. DeYoung, Russell Humphreys and Andrew Snelling.

In 2007, the institute relocated from Santee, California, to Dallas, Texas. Morris, who died the previous year, said the move was intended to give the ICR a central national location, Dallas' proximity to a major airport, and a larger population for their ministry. For FYE 2007, the Institute had net assets of $7,613,461. In 2009, the ICR had a revenue of $8,042,283 with net assets of $9,857,656.

On September 2, 2019, the ICR opened the ICR Discovery Center for Science & Earth History museum in Dallas, Texas.

Morris's son, Henry M. Morris III, died on December 12, 2020. The younger Morris had been ICR's CEO.

Research and publications

In a 1995 review of work published by ICR researchers, Douglas J. Futuyma writes, "Neither in the creationist literature nor in the scientific literature have I found any reference to professional research by these individuals in genetics, paleontology, taxonomy, anatomy, or any of the other fields most relevant to the study of evolution."  He found their work most often published instead by an overtly religious publishing house, Creation-Life Publishers.

Master Books
Master Books is a division within Creation-Life Publishers, another enterprise Morris helped to found.  It serves as the publishing arm of the Institute for Creation Research, and specializes in theology and creation science works.  Master Books' anti-evolution books are in wide distribution, promoted by most of the large creationist organizations as well as the ICR.

School and accreditation
In June 1981, the ICR received formal state approval in California to offer degree programs in science. In 1988, the ICR sought re-approval. A five-person committee from the California Department of Education sent to evaluate ICR's degree program found its graduate school consisted of only five full-time faculty and some courses were videotaped rather than professor-led instruction. The committee failed to grant re-approval by 3–2 vote, a move the ICR attributed to "religious intolerance" rather than criticisms of the quality of education it provided. This resulted in California's State Superintendent of Public Instruction barring the institute from granting master's degrees in science, which encompassed their existing graduate degree programs in the teaching of biology, geology, astrogeophysics and science.

ICR filed a lawsuit against California's State Superintendent, Bill Honig, and was awarded a settlement of $225,000 permission to continue its program until 1995, so long as it continued to teach evolution alongside creationism. The original agreement expired in 1995, and California Bureau for Private Postsecondary and Vocational Education (BPPVE) granted the ICR religious exemption from postsecondary school requirements in California.

In 1982, the ICR received accreditation from the Transnational Association of Christian Colleges and Schools (TRACS), a private fundamentalist creationist schools accreditation agency. TRACS was officially recognized as an accreditor by the US Department of Education in 1991. Following the ICR's move to Dallas, in November 2007, TRACS terminated its accredited status. Texas does not recognize TRACS' accreditation.

The ICR's relocation to Texas required Texas state approval or accreditation by a regional accrediting agency, in this case Southern Association of Colleges and Schools (SACS). In 2007, the ICR applied for a temporary state certification there which would have allowed the institute to operate while it pursues accreditation through SACS. In December 2007, the Texas Higher Education Coordinating Board (THECB) received an advisory committee recommendation to allow the ICR to start offering online master's degrees in science education.

The Board originally planned to decide on the issue at their January 2008 meeting. At the time it applied, ICR graduate school had approximately 30 to 50 students, most teachers from private Christian schools or home-schoolers, and four full-time faculty.

After seeking the advice from an independent panel, the Chairman of the Texas Board requested information about the research conducted by the faculty, how an on-line program would expose students to the experimental side of science, and asked why "[t]heir curriculum doesn't line up very well with the curriculum available in conventional master of science programs." Subsequently, the ICR asked the THECB to delay its decision until their next meeting to give them time to respond. Inside Higher Ed reported "lobbying — by scientists against the institute, and by others in its favor — is going strong."

The Dallas Morning News obtained some of the messages sent to the board and published a number of examples and summaries that illustrated how intense the debate had become. Following the response from the ICR to the Board, Steven Schafersman, of the Texas Citizens for Science, reported that the ICR sent out "prayer requests" and is currently arguing a creationist derived distinction of science in their application for approval.

On April 23, 2008, education board's Academic Excellence and Research Committee unanimously voted against allowing the ICR to issue science degrees citing "the institute's program is infused with creationism and runs counter to conventions of science that hold that claims of supernatural intervention are not testable and therefore lie outside the realm of science." On the following day the full Board unanimously voted against allowing the ICR to issue science degrees. The decision was "based the recommendation on two considerations:
 ICR failed to demonstrate that the proposed degree program meets acceptable standards of science and science education.
 The proposed degree is inconsistent with Coordinating Board rules which require the accurate labeling or designation of programs … Since the proposed degree program inadequately covers key areas of science, it cannot be properly designated either as 'science' or 'science education.'"

The ICR said it would appeal the decision saying the Education Board was guilty of "viewpoint discrimination". Instead, in April 2009, the ICR sued the THECB in federal court for imposing "an unconstitutional and prejudicial burden against ICRGS's academic freedom and religious liberties" and asked for the ability to award science degrees. In June 2010, a judge ruled in favor of the Texas Higher Education saying the ICR "is entirely unable to file a complaint which is not overly verbose, disjointed, incoherent, maundering and full of irrelevant information." The judge concluded, "The Court simply comes to the conclusion, which is inescapable, that the [THECB] decision was rationally related to a legitimate state interest." In the September 2010 ICR newsletter, Henry Morris III, the ICR's chief executive officer, wrote "ICR's legal battle is over" after the Judge ruled in favor of the Texas Board.

In 2010, the ICR board of directors voted to close the ICR Graduate School and open a School of Biblical Apologetics, offering a Master of Christian Education degree with Creation Research being one of four minors. The ICR noted that "Due to the nature of ICR's School of Biblical Apologetics — a predominantly religious education school — it is exempt from licensing by the Texas Higher Education Coordinating Board.

Criticism

Scientific criticism
Young-earth creationism is rejected by nearly all scientists, including most scientists who hold to the Christian faith, with more than 45 science organizations having criticized creationism as not science. Professor Massimo Pigliucci, a professor of ecology and evolution at the State University of New York at Stony Brook, has criticized ICR for professing to present the same science as that taught in secular universities while at the same time requiring students and faculty to sign a statement of faith to ICR's fundamentalist religious mission, most notably in affirming conformity in all its work to Biblical doctrine. Pigliucci notes that any research conducted within the ICR's policy framework is prescribed at the outset by Biblical literalism, and thus antithetical to the methods and framework used by scientists. As examples, Pigliucci cites ICR scientist Harold Slusher resorting to non-Euclidean and non-Einsteinian explanations of light travel to reconcile the vast distances light travels in space with the brief timescale given in young earth creationism, and the association adopted by the ICR between the second principle of thermodynamics and the Bible's account of the fall of Adam. Pigliucci further claimed that "some of the historical claims found in the ICR museum are also stunning and show how easily ideology gets the better of accuracy."

On January 7, 2007, the National Center for Science Education reported that Grand Canyon: A Different View, edited by Tom Vail and published by Master Books, the publishing arm of the Institute for Creation Research, and described as promoting "a young-earth creationist view of the geology of the Grand Canyon," was facing new scrutiny by Public Employees for Environmental Responsibility (PEER) in December 2006. The Chief of the Park Service's Geologic Resources Division recommended its removal on grounds that it "does not use accurate, professional and scholarly knowledge; is not based on science but a specific religious doctrine; does not further the public's understanding of the Grand Canyon's existence; [and] does not further the mission of the National Park Service". A report by the National Center for Science Education, written by Chemist Karen Bartelt was critical of the ICR representatives and displays in the "museum".

Criticism from old Earth creationists
Old Earth creationists are opposed to the ICR. Gary North opposes the ICR on the grounds that they think the second principle of thermodynamics contradicts evolution, and John W. Robbins considers the ICR's activities a "fraud". The old-Earth creationist organization Answers In Creation criticizes the ICR, including a critical review by Kevin R. Henke of the ICR's dating claims. Henke concluded that the ICR's "research" was improperly conducted and "was unsuccessful in adequately separating the volcanic glass from the much older minerals". Another creationist opponent of ICR and its doctrine is Hugh Ross, who accepts the scientific consensus of a 4.54 billion year old Earth and is critical of ICR's cosmological models as well as their attempts to solve the starlight problem.

Criticism over awarding degrees
The ICR attracted much opposition when it sought approval (unsuccessfully) in Texas to operate a master's degree program in science education. An April 2008 survey by Texas Freedom Network showed the majority of science faculties in Texas are opposed to ICR's request to issue science degrees with 185 (95% of respondents) opposed to certifying the program and 6 (3%) in favor. Officials of the institute state their goal is to integrate Biblical creationism with science. Since their program is intended to prepare students who are or will become teachers, the developing program is controversial. In public statements, ICR officials said that scientific literacy would be emphasized, but science advocates critical of the ICR said the institute's true goal is to restore religious creationism to science classes in the public schools. Texas declined to accredit the ICR science program (see above).

References

Further reading

External links
 Institute for Creation Research  – Official website

Young Earth creationism
Creation science
Christian educational institutions
Transnational Association of Christian Colleges and Schools
Creationist organizations
Flood geology
Christian organizations established in 1970
Pseudoscience
1970 establishments in Texas

redpajama_set_name: RedPajamaWikipedia


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It is not necessary to have an allotment or enormous garden in order to satisfy some or all of your yearly vegetable requirements. It is also possible to get some decent yields growing vegetables in containers on your patio or in your back yard. Everyone can get the benefits of home grown organic vegetables even if you live on the 20th floor and only have a window box.
Unless you want to dedicate your life to watering and feeding your crops, choose containers at least 40-50cm in depth which will retain water and nutrients. Also ensure that you use sterile compost (e.g. from a growing bag) so that disease and weeds are less likely to kill your crop. If you use your normal garden compost in containers then any bacteria, fungus, or disease, and any soil pests will take hold. Finally, it is wise to use well rotted manure, or another organic fertiliser in the bottom half of the container so that the roots of your crops will be able to source this added nutrition. Mulching will prevent water loss through evaporation, and prevent weeds growing.
Weekly or fortnightly feeding will also help - do this supplementary feeding after watering so that the food is not just washed out of the bottom of the container and lost.
The following are suggestions of vegetables which will grow well in containers thanks to their compact nature: turnip, beetroot, carrots, potatoes, onions, chard, spring onions, lettuce, dward french beans, and peppers, tomatoes, and aubergines if you have a sheltered south facing hot patio, cucumbers, squash, redishes.
The vegetable seeds to look out for at your local garden centre will likely have bush or patio in their name indicating that the resulting plants will be compact and thrive in compact container growing conditions.


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Almost forty years ago the United States astonished the world with a dramatic shift in Asian policy. Washington would abandon its long-time ally Taiwan, fully expecting that, after such a setback, the island would have no choice but to join China. China, at last able to act on the interest in containing the USSR that she shared with the United States, would become Washington's chief interlocutor and partner in the Pacific.


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Railways making efforts to commission entire bullet train project at once: Railway board
Visuals from the Vinod Kumar Yadav, Chairman, Railway Board's video conference (Photo/ANI)
New Delhi [India], December 27 (ANI): Indian Railways is making efforts that the entire bullet train project is commissioned end-to-end, at once, said the Railway Board Chairman on Saturday.
"Indian Railways wants to commission the bullet train project together in both Gujarat and Maharashtra and we have planned accordingly. Maharashtra government has assured to make more than 80 per cent land available in the next four months," said Vinod Kumar Yadav, Chairman, Railway Board while addressing media via video conferencing.
"If we get the land, then the project can be commissioned in both Gujarat and Maharashtra. We are also preparing whether we can run bullet train till Vapi (Gujarat) in the first phase if there is a delay in land acquisition in Maharashtra," he added. (ANI)


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Portal for arcgis license key .lic. Which registry key holds the license type in ArcGIS 10.x?
Portal for arcgis license key .lic Rating: 8,4/10 871 reviews
Configuring and Using the ArcGIS 9.x License Manager
The selected set is maintained while you search and filter all the members in your organization, even across multiple pages. While, the user can assign important roles and privileges, maintain licenses and content. Contact your Lifesize Partner to renew your maintenance agreement. Extensions are displayed under Esri Extensions. For example, if you have apps in your portal that are no longer included in your new license file, these apps are removed when the new license file is imported. There are specific requirements for attribution you may be required to address in your app depending on how your app is built and the data it uses.
How to generate license key file from PAK file for Cisco Email, Web Security Appliance and Security Management Appliance
SetLicense licenseKey, extensions ; Your app is now licensed to use the extensions. It has a good interface, users can easily understand, hence they get the job done. In the options on the left side of the application, click Licensing. This is important if your app is being used in an offline environment for up to 30 days. Now you know what the license levels do, but how would you apply them in the real world? If necessary, search the licenses by name.
Which registry key holds the license type in ArcGIS 10.x?
In this example, an Advanced license level is selected. Basic All capabilities of Lite. Note: The hostname in the license file can be changed later to match a different computer. After this is done, the watermark and debug messages no longer appear and your app is ready to be deployed. Creator — This is the role that replaced the Level 2 user role.
Obtain a portal license file—Portal for ArcGIS (10.7)
Ideal for those who perform automated analysis regularly on large datasets. Do not install the help files. The vegetation management inspector I mentioned at the start of this blog post? Save the attachment on your computer without opening it. Note: When deauthorizing Concurrent Use licenses, the quantity of each license to remove can be changed by entering the appropriate value under the No. If you intend to run the license manager on a Windows server, you need a SentinelPro hardware key on that server. Generate a mobile geodatabase with features from a sync-enabled feature service.
Configure License Manager for use with Portal for ArcGIS—Help
If your app generates revenue, you need to purchase a paid. Add, update, or delete content on portals. Licenses available for purchase by the user of your app. In the upper right corner of the application, notice that you are not signed in. For example, if you had apps in your portal that are no longer included in your new license file, these apps will be removed when the new license file is imported. If you would like to know more about placing orders for these different types of licenses, please contact your Esri account representative. Upon loading the Portal obtain the LicenseInfo and use this to license the app.
Error: Portal for ArcGIS does not have a valid license. For instructions on how to authorize the software, see the help topic Authorizing Portal for ArcGIS
Import licenses Licenses are managed through a single. Note: If unsure of the hostname of the computer, do the following: a. You can import the new licensing file through the portal. A Navigator subscription allows a user to open the app and access navigation content. However, once such steps are taken, the installation of the license manager is stable and possible performance losses resulting from the use of a networked license seem undetectable, as of this writing. Use maps, charts, and tables to visualize data and apply advanced algorithmic spatial analysis with a simple drag and drop.
License your app—AppStudio for ArcGIS
Download and use all features in. It is designed to guide you through specific tasks with the greatest ease and maximum benefit as well. Refer to our for more information on the terms and conditions. You only need one hardware key per license manager and you need a minimum of one license manager per network. As a field worker, I need to view an Assets location I plan to work on and details about the asset. Upon the expiration of any license in your organization, you must revoke the expired license so your organization's members are only assigned valid licenses.
ArcGIS License Levels and Cartegraph
To review what's compatible with your organization's user types, go to the Licenses tab and click User types. For details on setting up your development environment, see the topic. For example, all my signs within residential zoning districts. Contact your Lifesize Partner for details about license keys. But wait, the Level 2 user role could also create maps and apps for other users and that inspector will never do that.
As a supervisor, I need to create an optimized Task route for my field workers to follow. Therefore, It has the ability to customize thing, like, roles and privileges, accomplished genuine license and display your system stat. You can use any combination of these packages with their associated license keys. Caution: To prevent the email notification from being returned as undeliverable, verify the member's email address before enabling this setting. In this example, the license level is Advanced. Hopefully that was as useful and quick breakdown on the Esri user roles. Solution or Workaround The instructions provided describe how to workaround this known issue.


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Global Islamic economy: Muslims to spend 2.9% less on apparel and footwear in 2020 - study
What were the biggest developments in the global modest fashion and apparel industry in 2019-2020? The State of the Global Islamic Economy 2020/21 report from DinarStandard gives a detailed breakdown of the movements in the industry.
Muslims spent $277 billion on apparel and footwear in 2019, an increase of 4.2% from 2018.
Iran, Turkey and Saudi Arabia are the top countries by expenditure.
Muslim expenditure on apparel and footwear is set to drop by 2.9% in 2020 to $268 billion due to the COVID-19 pandemic.
A recovery to 2019 levels is expected in 2021.
Muslim expenditure on apparel and footwear forecasted to reach $311 billion by 2024.
DOWNLOAD THE STATE OF THE GLOBAL ISLAMIC ECONOMY 2020/21 REPORT
Modest fashion was making a splash on the high streets, online, and on the catwalk until the first quarter of 2020. The COVID-19 pandemic hit the overall $2.2 trillion global fashion industry hard, with sales falling and retailers reducing brick-and-mortar outlets, with some shutting down altogether.
Modest fashion companies also fell victim to the pandemic—such as The Modist, a Gulf-based luxury e-commerce platform, and Hijup UK, which closed after just 18 months of operation. A more subdued Ramadan during the pandemic impacted modest fashion sales, as the holy month is typically the biggest sales period of the year in Muslim-majority countries.
Despite the circumstances, new launches took place, and online sales gained heightened importance, particularly for fledgling and emerging brands. Brands were also keen to expand new product lines, especially sportswear geared at the modest fashion segment.
Alternative sales channels are also being utilized in line with changes in consumer behavior. For example, Style Theory, a designer clothing rental platform in Indonesia and Singapore, raised $15 million in series B funding. Mod Markit-Thrift edition was held during Melbourne Fashion Week, which included a second-hand market for modest clothes.
SIGNALS OF OPPORTUNITY
The industry may have suffered a setback due to the global pandemic but opportunities are expected to open up, according to the State of the Global Islamic Economy 2020/21 report.
Signals of opportunities include:
The introduction of omnichannel shopping during COVID-19 could lead to increased revenue growth post-crisis.
Revenue developments remain steady but could grow significantly through collaboratins with mainstream retailers and investments.
Social impact development has increased as modest fashion brands improve their sustainability and ethical practices as well as actively support causes through their businesses.
WHAT IS THE GROWTH AND MARKET SIZE FOR EACH SECTOR?
Overall Islamic economy
Media and recreation
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SGIE 2020/21
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What were the biggest developments in the global modest fashion and apparel industry in 2019-2020? The State of the Global Islamic Economy 2020/21 report from DinarStandard gives a detailed br..
https://salaamgateway.com/story/muslim-expenditure-on-apparel-and-footwear-to-drop-29-to-268-bln-in-2020-study


Congatulation to Both Dr Azizi and Dr Siti Noraya for their Wedding on 24.4.2010 @ Kg Awah Pahang recently. May you'll be happy forever and ever. Thanks for da Order ya.
Today we're not going to tell a story of our baking project or any others matter related to cooking. We just wanna share some new business project launch.
To those who are looking for a brand new Proton Car do visit the showroom @ A-0-1, Setiawangsa Business Park, Jalan Setiawangsa 11, Taman Setiawangsa, 54200 Kuala Lumpur.
They'll be happy to serve your request.
"Wait no more, go and see them soonest to get your brand new car!"


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This is an actual contract by MTS.
GROUP/BUSINESS CREDIT, INC., A NEW YORK CORPORATION, AS AGENT.
AMENDED AND RESTATED TERM LOAN AGREEMENT dated as of October 9, 2002, among MTS, INCORPORATED, a California corporation (the "Borrower") the lenders listed in Schedule 2.01 hereto or becoming parties hereto pursuant to Section 6.04 (the "Lenders") and JPMORGAN CHASE BANK (f/k/a The Chase Manhattan Bank), a New York banking corporation, as administrative agent for the Lenders and as collateral agent for the Lenders (in such capacities, the "Agent") .
The Borrower has requested the Lenders, and the Lenders and the Agent have agreed, pursuant to the terms of the Assignment, Purchase and Amendment Agreement, to amend and restate the Existing Credit Agreement in the form of this Agreement and to permit the loans outstanding under the Existing Credit Agreement on the date hereof and after giving effect to the payments and assignments provided for in the Assignment, Purchase and Amendment Agreement to remain outstanding as term loans under this Agreement.
"Administrative Questionnaire" means an administrative questionnaire in a form supplied by the Agent.
"Affiliate" means, when used with respect to a specified person, another person that directly, or indirectly through one or more intermediaries, Controls or is Controlled by or is under common Control with the person specified and in any case shall include, when used with respect to the Borrower or any Subsidiary, any joint venture in which the Borrower or such Subsidiary holds an equity interest.
"Assignment and Acceptance" means an assignment and acceptance entered into by a Lender and an assignee (with the consent of any party whose consent is required by Section 6.04), and accepted by the Agent, in a form approved by the Agent.
"Assignment, Purchase and Amendment Agreement" means the Assignment, Purchase and Amendment Agreement dated as of the date hereof among the Borrower, the Lenders and the Agent.
"Broadway Mortgage" means the mortgage on the Broadway Property to secure loans under the CIT Credit Agreement.
"Broadway Property" means the real property located at 692 Broadway, 14 E. 4th Street Units, New York, NY.
"Business Day" means any day (other than a day which is a Saturday, Sunday or legal holiday in the State of New York) on which banks are open for business in New York City.
"CIT" means CIT Group/Business Credit, Inc.
"CIT Credit Agreement" means the Credit Agreement dated as of October 9, 2002 between the Borrower, the lenders party thereto and CIT, as agent for such lenders.
"CIT Facility" means the senior secured revolving credit facility in an aggregate principal amount of $75,000,000 established by the CIT Credit Agreement.
"CIT Real Estate Facility" means the real estate subfacility of the CIT Facility in an aggregate principal amount of $7,500,000.
"Collateral" shall have the meaning assigned to such term in the Security Documents.
(and, if any Lender shall object in writing, the Required Lenders shall also determine), based on information provided by the Borrower which is, in the judgment of the Agent and, if applicable, the Required Lenders, sufficient to make the determination in question, that the expense or difficulty of perfecting such liens with respect to such assets would be excessive in view of the benefit to the Lenders that would result therefrom.
"Control" means the possession, directly or indirectly, of the power to direct or cause the direction of the management or policies of a person, whether through the ownership of voting securities, by contract or otherwise, and "Controlling" and "Controlled" shall have meanings correlative thereto.
"Default" means any event or condition that constitutes an Event of Default or that upon notice or lapse of time or both would become an Event of Default.
"dollars" or "$" means lawful money of the United States of America.
"EBITDA" shall mean, for a given period, all earnings from operations of the Borrower and the Subsidiaries before all (a) interest and tax obligations, (b) depreciation and (c) amortization for said period, all determined in accordance with GAAP on a consistent basis with the latest audited consolidated financial statements of the Borrower, but excluding the effect of non-cash gains or losses for such period, determined in accordance with GAAP.
"Event of Default" means any of the events set forth in Section 10.1 of the CIT Credit Agreement, as incorporated by reference in Article III hereof.
"Existing Credit Agreement" means Credit Agreement dated as of April 27, 2001, as amended by a First Amendment dated as of October 5, 2001, a Second Amendment dated as of April 1, 2002, a Third Amendment dated as of April 30, 2002, a Fourth Amendment dated as of June 23, 2002, Fifth Amendment dated as of September 12, 2002, a Sixth Amendment dated as of September 30, 2002, and a Seventh Amendment dated as of October 4, 2002.
"Fixed Charge Coverage Amount" shall mean, for any specified period with respect to the Borrower and the Subsidiaries, the difference between (a) EBITDA and (b) the sum of (i) Capital Expenditures (as defined in the CIT Credit Agreement), (ii) income taxes paid or accrued and (iii) Fixed Charges (as defined in the CIT Credit Agreement).
"GAAP" means United States generally accepted accounting principles, applied on a consistent basis.
"Governmental Authority" means the government of the United States, any other nation or any political subdivision thereof, whether state or local, and any agency, authority, instrumentality, regulatory body, court, central bank or other entity exercising executive, legislative, judicial, taxing, regulatory or administrative powers or functions of or pertaining to government.
Lenders, as the same may be amended, modified or supplemented from time to time in accordance with the provisions hereof.
"Guarantee Requirement" means at any date that the Parent, the Borrower and each Subsidiary is a Guarantor, in accordance with the terms of the Guarantee Agreement; provided that any Subsidiary that is not a US Subsidiary will not guarantee the Obligations of MTS; provided further, however, that any Subsidiary (including any Subsidiary that is not a US Subsidiary) that is a borrower or a guarantor of the obligations under the CIT Credit Agreement shall in any event be a Guarantor under the Guarantee Agreement.
"Guarantors" means the parties to the Guarantee Agreement on the date hereof and each other Subsidiary that becomes a party to the Guarantee Agreement pursuant to Section 3.01 or otherwise.
"Indemnity, Subrogation and Contribution Agreement" means the Indemnity, Subrogation and Contribution Agreement dated as of April 27, 2001, among the Guarantors and the Agent acting on behalf of the Secured Parties, as the same may be amended, modified or supplemented from time to time in accordance with the provisions hereof.
"Intercreditor Agreement" means the Intercreditor Agreement dated as of October 9, 2002 between CIT and JPMCB, as Agent for the Lenders, in substantially the form of Exhibit B hereto.
"Irish Security Agreement" means the Security Agreement dated as of April 27, 2001, among the Borrower, Ireland TR, Incorporated and the Agent acting on behalf of the Secured Parties, as the same may be amended, modified or supplemented from time to time in accordance with the provisions hereof.
"JPMCB" means JPMorgan Chase Bank.
"Loan Documents" means this Agreement, the Guarantee Agreement and the Security Documents.
"Loan Parties" means the Parent, the Borrower and each Subsidiary that is party to the Guarantee Agreement or any Security Document.
"Loans" means loans made by the Lenders to the Borrower under the Existing Credit Agreement and continuing outstanding as term loans under this Agreement.
"Maturity Date" means April 1, 2005, or any earlier date on which the CIT Facility matures or is terminated pursuant to the terms of the CIT Credit Agreement.
"Mortgage" shall mean one or more mortgages or deeds of trust, in form and substance satisfactory to the Borrowers' Agent and the Agent.
"Mortgaged Property" shall mean each parcel of real property owned by MTS or any US Subsidiary and listed on Schedule 5.09 to the Existing Credit Agreement.
"Net Proceeds" means with respect to any refinancing of any Real Estate Collateral permitted under Section 9.9(q) of the CIT Credit Agreement (after giving effect to any amendments and waivers thereto) or sale of Real Estate Collateral permitted under Section 9.7(b) (x) of the CIT Credit Agreement (after giving effect to any amendments and waivers thereto), the cash proceeds received in respect thereof, including any cash received in respect of any non-cash proceeds, but only as and when received, net of the sum of all fees and out-of-pocket expenses paid by the Borrower or any Subsidiary to persons other than Affiliates in connection therewith.
"Obligations" means the due and punctual payment of (i) the principal of and interest (including interest accruing during the pendency of any bankruptcy, insolvency, receivership or other similar proceeding, regardless of whether allowed or allowable in such proceeding) on the Loans, when and as due, whether at maturity, by acceleration, upon one or more dates set for prepayment or otherwise, and (ii) all other monetary obligations, including fees, costs, expenses and indemnities, whether primary, secondary, direct, contingent, fixed or otherwise (including monetary obligations incurred during the pendency of any bankruptcy, insolvency, receivership or other similar proceeding, regardless of whether allowed or allowable in such proceeding), of the Loan Parties to the Lenders under this Agreement, the Guarantee Agreement and the other Loan Documents.
"person" means any natural person, corporation, business trust, joint venture, limited liability company, association, company, partnership or government, or any agency or political subdivision thereof.
"Pledge Agreements" means (a) the Amended and Restated Pledge Agreement dated as of April 27, 2001, among MTS, the applicable Subsidiaries and the Agent acting on behalf of the Secured Parties, as the same may be amended, modified or supplemented from time to time in accordance with the provisions hereof and (b) in connection with the pledge of any equity interests in any Subsidiary that is not a US Subsidiary, any other pledge agreement that the Agent shall deem necessary or advisable to create liens on such equity interests to secure the Obligations or any of them.
"Prime Rate" means the rate of interest per annum publicly announced from time to time by JPMCB as its prime rate in effect at its principal office in New York City; each change in the Prime Rate shall be effective from and including the date such change is publicly announced as being effective.
"Register" shall have the meaning given such term in Section 6.04(d).
"Related Parties" means, with respect to any specified person, such person's Affiliates and the respective directors, officers, employees, agents and advisors of such person and such person's Affiliates.
"Required Lenders" means, at any time, Lenders in the aggregate holding at least a majority of the aggregate unpaid principal amount of the Loans.
"Secured Parties" shall have the meaning assigned to such term in the Security Documents.
"Security Agreements" means (a) the US Security Agreement, (b) the UK Security Agreement and (c) the Irish Security Agreement.
"Security Documents" means the Security Agreements, the Pledge Agreements, the Mortgages, the Indemnity, Subrogation and Contribution Agreement and each other security agreement, mortgage or other instrument or document executed and delivered pursuant to Section 3.01.
"subsidiary" means, with respect to any person, any corporation, partnership, limited liability company, association or other business entity of which securities or other ownership interests representing more than 50% of the equity or more than 50% of the ordinary voting power or more than 50% of the general partnership or limited liability company interests are, at the time any determination is being made, owned, controlled or held by such person.
"Subsidiary" means any subsidiary of the Borrower.
"TRKK" means Tower Records Kabushiki Kaisha, a Japanese corporation and, prior to the effectiveness of this Agreement, a wholly owned subsidiary of the Borrower.
"TRKK Sale" means the sale by the Borrower to Valtona Holding B.V., a corporation wholly owned by Nikko Principal Investments Japan Ltd., pursuant to a stock purchase agreement dated as of April 11, 2002, of all of the issued and outstanding capital stock of TRKK and the Japanese trademarks, service marks and trade names associated with the business conducted by TRKK.
"Trust Note" shall mean the Secured Promissory Note, dated as of the date hereof, issued by the Borrower to the order of The Russell M. Solomon and Doris E. Solomon 1994 Children's Trust.
"UK Security Agreement" means the Security Agreement dated as of April 27, 2001, among the Borrower, T.R. Services Incorporated and the Agent acting on behalf of the Secured Parties, as the same may be amended, modified or supplemented from time to time in accordance with the provisions hereof.
"US Security Agreement" means the Amended and Restated Security Agreement dated as of April 27, 2001, among the Borrower, certain US Subsidiaries and the Agent acting on behalf of the Secured Parties, as the same may be amended, modified or supplemented from time to time in accordance with the provisions hereof.
"US Subsidiary" means any Subsidiary that is organized under the laws of the United States or any state or other political subdivision, territory or possession thereof.
agreement, instrument or other document (other than in Article IV) shall be construed as referring to such agreement, instrument or other document as amended, supplemented or otherwise modified from time to time, (b) any reference herein to any person shall be construed to include such Person's successors and assigns, (c) the words "herein", "hereof" and "hereunder", and words of similar import, shall be construed to refer to this Agreement in its entirety and not to any particular provision hereof, (d) all references herein to Articles, Sections, Exhibits and Schedules shall be construed to refer to Articles and Sections of, and Exhibits and Schedules to, this Agreement and (e) the words "asset" and "property" shall be construed to have the same meaning and effect and to refer to any and all tangible and intangible assets and properties, including cash, securities, accounts and contract rights.
SECTION 2.01. Loans. On the date hereof, Loans outstanding under the Existing Credit Agreement in the aggregate principal amount of $26,000,000 shall continue outstanding as Loans under this Agreement. The aggregate principal amounts of the Loans of the Lenders on the Closing Date are set forth opposite their respective names in Schedule 2.01. Principal amounts paid or prepaid in respect of Loans may not be reborrowed.
SECTION 2.02. Repayment of Loans; Evidence of Debt. The Borrower hereby unconditionally promises to pay to the Agent for the accounts of the Lenders the outstanding principal amounts of the Loans on the Maturity Date. Each Lender shall maintain in accordance with its usual practice an account or accounts evidencing the Loans of such Lender, including the amounts of principal and interest payable and paid to such Lender from time to time under this Agreement. The Agent shall maintain accounts in which it will record (i) the amount of any principal or interest due and payable or to become due and payable from the Borrower to each Lender hereunder and (ii) the amount of any sum received by the Agent hereunder from the Borrower and each Lender's share thereof. The entries made in the accounts maintained pursuant to this Section 2.03 shall be prima facie evidence of the existence and amounts of the obligations therein recorded; provided, however, that the failure of any Lender or the Agent to maintain such accounts or any error therein shall not in any manner (i) affect the obligations of the Borrower to repay the Loans in accordance with their terms or (ii) cause the Borrower's obligations to be greater than they would have been absent such failure or error.
(a) Subject to the provisions of paragraph (b) below, the Loans shall bear interest on each day (computed on the basis of the actual number of days elapsed over a year of 360 days) at a rate per annum equal to the greater of (i) 11% per annum and (ii) the Prime Rate on such day plus 5% per annum; provided, however, that in the event that the Loans shall not have been prepaid in the amount of at least $5,000,000 with the Net Proceeds of one or more transactions set forth in Sections 2.04(c) or 2.04(d) by the first anniversary of the date of this Agreement, the interest rate applicable to the Loans for each day after such anniversary shall be the interest rate otherwise applicable to such Loans on such day plus 4% per annum. Accrued interest on the Loans shall be payable in arrears on the last Business Day in each month and on the Maturity Date.
(b) At all times during the continuance of any Event of Default, and at all times during the continuance of any Default or Event of Default (each as defined in the CIT Credit Agreement), the Loans shall bear interest at a rate per annum (computed on the basis of the actual number of days elapsed over a year of 360 days) equal to the rate in effect at such time under paragraph (a) above plus 2% per annum.
(a) The Borrower shall prepay $1,000,000 in aggregate principal amount of the Loans on the date upon which the CIT Credit Agreement becomes effective with a portion of the proceeds of the Trust Note.
(b) The Borrower shall prepay $500,000 in aggregate principal amount of the Loans on August 1, November 1, February 1 and May 1 of each year, beginning August 1, 2003.


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