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Perry & Zhu
Category: Patty Fantasia
Written by Patty Fantasia
By Patty Fantasia
At the age of 10, Perry Chen is the youngest award-winning entertainment critic and TV & radio personality from San Diego. The recent winner of the San Diego Press Club Excellence in Journalism Award, Perry was first featured on the CBS News with Katie Couric, followed by an appearance on NPR with Leanne Henson. He was also the first child film critic invited to be a presenter at the animation industry's prestigious Annie Awards and just recently was a hit on NBC's "Today in LA." Show on October 24th.
Another high point for the young man was being invited to participate in the Kids2Kids 2010 TEDx Redmond event, which gathers high achieving young people together in order to share their experiences and inspire other children. Perry was accompanied to the conference by his biggest supporter, mother, Dr. Zhu Shen, who guides every aspect of his budding career including the publishing of his website Perry's Previews.
Perry is excited to be considered a role model for his peers explaining "It's great. When I spoke at TEDx Redmond conference (organized by kids, for kids, all kid speakers), so many kids came to me afterward and told me how inspired they felt and asked for my autograph. I want them to know that 'if you can believe, you can achieve! Dream big, and do something about it.' The important this is to take action once you figure out what you want to do. All the speakers at TEDx Redmond are kids who are 16 or younger and super-achievers. You're never too young to start."
His mother, Zhu, agrees wholeheartedly and is proud of her son's position. "Perry spoke about his passion for writing, movies an art and inspired a lot of young audience and their parents. The main take-away of his speech: You're never too young to start, parents can be your best allies, each child is unique with great potential to imagine and create, all success is built on the solid foundation of hard work."
In addition to the TEDx Redmond conference, Perry has been invited to speak to high school students who are part of the University of San Diego's "Blazing my Trail" program and many San Diego school fund-raisers inspiring young people to pursue their dreams and make positive changes in the world regardless of how young they are.
All of this began a few years ago when Zhu learned that her son was decoding words at the high school level, she wanted to keep him from becoming bored and suggested that he start writing reviews in order to become more challenged. "Perry's 3rd grade teacher Ms. Joli Harris was wonderful to work with," Zhu recalls. "She loved the idea and wrote comments on each of Perry's book and movie reviews when he turned them in as his extra-curricular activities. This continued on for the rest of the year." Zhu is a huge believer in strong parent and teacher communication adding, "I think that parents good benefit tremendously from engaging and interacting with their children's teachers and finding out about their children's special talents that they may not realize yet. Great teachers are experienced with working with children and spotting their unique talents, so communication is key for parents to learn more about their children. The most important thing that parents can do is to nurture their children's talents by encouraging them, spending time with them, doing what they enjoy and providing tools and resources to support their talent."
A strong advocate for education, Zhu received a PhD in Biochemistry from the University of Colorado about 15 years ago before continuing on to Cornell for an MBA. She began her career as a consultant two years ago starting her own firm called BioForsight specializing in the business side of biotechnology and the pharmaceutical industry. However, due to Perry's success, she has put many of her aspirations on hold for the time being in order to concentrate on her son's pursuits. From his school projects beginning with the book reports, Perry moved into doing film reviews beginning with his favorite DVD "Charlotte's Web". This led to the launch of his website Perry's Previews (www.perryspreviews.com) and the unique starfish rating system he created. As Perry's reviews continued to improve, Zhu thought it might be beneficial if he could write a weekly column for a local newspaper. We Chinese in America Magazine and Weekly Newspaper published Chen's first movie review in February of 2009 and he was offered a column immediately afterwards making him a credentialed film critic who is invited to all G/PG rated press screenings.
Perry's popularity rose substantially after his television appearances and the continuous marketing efforts made by Zhu, who believes strongly in pursuing media attention through the use of face-to-face and internet networking. A lot of her advice comes from her DVD "The Art & Science of Networking and Social Media", which she sells online. Speaking about her success in this area she advises, "The key is to know what your goal is and think about what makes your story interesting for the media. Be persistent in your follow-up, but in a nice way. Be appreciative and generous to those who help you."
Aside from writing and speaking engagements, Perry is also in the process of becoming a filmmaker. His favorite type of movie is animation and he hopes to work on more of these types of films in partnership with Oscar-nominee Bill Plympton after finishing "Beyond the Forest", a five minute short about the survival of a young Jewish girl during the Holocaust., which Zhu is acting as Executive Producer on.
Zhu and Perry share a common love of a few children's films including "How to Train Your Dragon" and Plympton's short animation piece "The Fan and The Flower" and it's obvious that this mother enjoys watching her son explore various aspects of art and film with a zest that could be described as "Perrific". Focused on supporting her precocious child, Zhu states, "I will continue to nurture Perry's talents in different areas and share our journey with other parents, children, and educators."
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Women's peace organizations in Colombia
The women's movement in Colombia has steadfastly called for peace throughout more than five decades of civil war. Together, these groups form a strong, collective voice for women. Meet three women's organizations working for peace in Colombia:
Casa de la Mujer
Since 1982 Casa de la Mujer has defended, promoted and protected women's rights in Colombia. A feminist organization at heart, Casa de la Mujer works in 20 departments across Colombia to form and strengthen collectives of women who have been impacted by the conflict—as of 2013, the organization has worked with over 83,000 women and 630 women's groups. Casa de la Mujer has played a significant role in creating and strengthening spaces for women on a national scale.
Liga International de Mujeres por la Paz y Libertad (LIMPAL)
LIMPAL is the Colombian branch of the Women's International League for Peace and Freedom (WILPF). Founded in 1915, WILPF is the oldest women's peace organization in the world. In Colombia, LIMPAL works to reconstruct bonds of solidarity that have been broken due to the internal conflict, strengthen women's rights processes and support grassroots projects that work to build alternative economic markets based on fair trade. On a national scale, LIMPAL uses its voice to work towards peace and gender justice.
Iniciativa de Mujeres Colombianas por la Paz (IMP)
The Iniciativa de Mujeres Colombianas por la Paz (Alianza IMP) is an alliance of 22 women's organizations, including indigenous, academics, feminists, afro-Colombians and others. The Alianza IMP was established in November 2001 at a conference in Sweden that brought together various women's organizations from Colombia to build and share strategies for peace. The Alliance bases its foundation in UN Resolution 1325 on women, peace and security and acts as a collective voice for women at the official peace negotiations.
Follow along online as Laureate Jody Williams travels to Colombia to stand in solidarity with women involved in the #ProcesoDePaz on Facebook, Twitter and Instagram @NobelWomen
Posted In: Jody Williams, Delegation to Colombia & Guatemala 2016
Laureate News
Mairead Maguire
Delegation to Colombia & Guatemala 2016

redpajama_set_name: RedPajamaCommonCrawl


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'We're being pushed into poverty': Voices of women who took on the unicorn start-up Urban Company
India in South Africa 2021-'22
Newlands Test, Day 2: With hard work and simple processes, Jasprit Bumrah shuts out the noise
After a bad game, it is sometimes difficult to resist the temptation to tinker. That Bumrah can is a sign of the unshakeable belief he has in himself.
Ashish Magotra
Jan 13, 2022 · 10:23 am Updated Jan 13, 2022 · 12:09 pm
17-2-70-0. With the match on the line, Jasprit Bumrah was, for once, unable to put his best foot forward in the second Test against South Africa. Dean Elgar stayed resolute and the hosts won a famous victory. Seventeen overs without a wicket in the second innings.
It wasn't like Bumrah bowled badly. He still beat the bat; he still had the batter in trouble but he didn't get the wickets that India has become so accustomed to him getting.
His 'no-show' prompted former South Africa seamer Fanie de Villiers to tell The Indian Express that the hosts had worked Bumrah out.
"I don't think it is a question of him lacking ability or he bowled badly," Fanie de Villiers told The Indian Express just a couple of days before the Test began in Cape Town. "I think South Africa has worked him out. Since he has been India's most important bowler, lots of team discussion has gone on how to tackle and survive Bumrah. I think South Africa has learned their lessons from the first Test."
But clearly, they haven't. Bumrah was back in his element at the Newlands. After the batters had let the side down again, the pacer led the bowling unit extremely well to claim his seventh five-wicket haul (5/42) in Test cricket as India staged a quite remarkable recovery on day two to bowl South Africa out for 210.
Bumrah started the day well with claiming the wicket of Aiden Markram, who was clean bowled while shouldering arms, off the second ball of the day. It was as we have seen for a while, the mark of a bowler who needs no warm-up deliveries.
His natural angle always seem to bring the ball back into the batter and with Markram struggling to understand where his off-stump is, it was perhaps inevitable too. But still, it had to be done and the right-armer did it.
With the sun beating down on the pitch, there was more pace and bounce off the wicket but with not many runs to play with, India needed wickets. Umesh Yadav sent Keshav Maharaj back soon enough but South Africa calmly made their way to 112/3 – they seemed comfortable enough in the middle for the commentators to start discussing what a good lead could be.
But Rassie van der Dussen gave India some hope. He looked particularly jittery after the lunch break, survived two run out attempts after calling for non-existent singles and then eventually edged one to the slip.
However, the fall of the wicket brought South Africa's most consistent batter of the series to the wicket. Temba Bavuma has looked comfortable in the middle and played some very striking strokes too. And for 16 overs, with Keegan Petersen for company, he ensured it was smooth sailing for the hosts.
Then, a double-wicket over, accounting for Bavuma and Verreyne, from Mohammed Shami changed the course of the match in a jiffy. Before one knew it, South Africa were in trouble.
But someone had to finish the job and up stepped Bumrah.
In his short Test career, Marco Jansen has shown that he can bat but if Bumrah keeps running into him with the same kind of intent, perhaps he won't want to. The two, who both represented the Mumbai Indians in the IPL, had a bit of a tiff in the second Test, some not-too-kind words were exchanged.
But Bumrah wasn't angry or looking for payback. Instead, he realised that the best way to get even was to get Jansen's wicket. He did that after tormenting him; after playing with him before finally sending the stump for a walk. It was a cat playing with its prey and the death stare at the end of it said more than words ever could.
Jansen had no answer to Bumrah. Reuters
"Nothing extra-special or out of the ordinary," said Bumrah in the post-match press conference when asked about the wicket. "I was just focusing on what I had to do, and I was trying to focus on my routines and my processes and what I do, basically, before a Test match, or whatever has to be done whenever I prepare for a Test match. So, nothing out of the ordinary; I was not giving any extra attention or I was not really angry or, I was just focusing on what I had to do, I was just trying to be in the present."
In a nutshell, Bumrah's intelligence makes him a unique prospect. He knows his methods are working, he knows he is putting in the hard yards so he sees no reason to panic even when others perhaps might.
So after a bad match, when the outside noise, might distract others, for Bumrah, it just means a reason to go back to square one and do as he always does.
"There is always a lot of noise," said Bumrah. "We have a routine — we as a unit, want to focus on our routine and know what has worked for us. Back my processes and back my routines."
#SAvIND
A special performance by a special bowler. Booomrah! https://t.co/LuKIwGFyoZ
— The Field (@thefield_in) January 12, 2022
It sounds simple enough but it is sometimes difficult to resist the temptation to tinker. That Bumrah can, is a sign of the unshakeable belief he has in himself. For now, South Africa's batters will have to go back to the drawing board – Bumrah's method is working but theirs isn't.
Jasprit Bumrah
First ODI: Temba Bavuma, Rassie van der Dussen slam tons as South Africa beat India by 31 runs


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Trent Richardson wants to end career in Hall of Fame
Published: Jun 08, 2016 at 05:44 AM
Ravens running back Trent Richardson is expressing confidence in himself, which means just about everyone is lining up to laugh at the former No. 3 overall pick.
When asked by Comcast SportsNet Mid-Atlantic recently how he saw his career ending, Richardson had this to say:
"Putting on a yellow jacket," he said. "People wrote him off, he came back and did some amazing things. He always had the pedigree. He just had to get back to the guy that we know."
This is the part where every person in the comment section looking to cherry pick a lazy joke about Richardson's four underwhelming NFL seasons should stop reading.
We're not saying he'll be right, or even that he'll get more than a handful of carries for the Ravens this year, but what is wrong with a player wanting to re-write his narrative? By all accounts, Richardson has been humbled by his first run in the NFL. He is among a countless number of players who took too long to realize that incredible God-given gifts only take you so far and he's making an honest attempt at doing something about it.
Richardson also hinted, in a recent interview with the team's official site, that he was trying to take on too much in his personal life as well. Taking home a top-five rookie contract to a house full of outstretched hands can be a terrifying process for someone under 25.
"I found myself being mad," Richardson said. "Mad at everyone. Mad at the world. But people don't realize I was madder at myself because I let myself get in this situation. It was more that I had to dig out of this hole."
He added: "I always felt like if I had it, you had it. It's just so hard to say 'no' to people. It's hard to say no to people that you really love. Do I blame them? Nah. I could say that, but I don't blame them because when you come from where I come from, out the 'hood, you have nothing. People grew up with you, and you think everybody is for you. Everybody wants you to do good -- at least that's what you think."
Just because we've heard a version of this story before doesn't mean we should become numb to it. Richardson wasn't the first person to fall victim to these circumstances, but he is certainly the most memorable over the past five years. The Ravens are betting on the notion that talent like Richardson's won't just fade away. Richardson is betting on the notion that hard work pays off, so why should we stand in his way?


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Taking full advantage of the law of supply and demand, the Coca-Cola Company has quietly begun testing a vending machine that can automatically raise prices for its drinks in hot weather.
''This technology is something the Coca-Cola Company has been looking at for more than a year,'' said Rob Baskin, a company spokesman, adding that it had not yet been placed in any consumer market.
The process appears to be done simply through a temperature sensor and a computer chip, not any breakthrough technology, though Coca-Cola refused to provide any details yesterday.
While the concept might seem unfair to a thirsty person, it essentially extends to another industry what has become the practice for airlines and other companies that sell products and services to consumers. The falling price of computer chips and the increasing ease of connecting to the Internet has made it practical for companies to pair daily and hourly fluctuations in demand with fluctuations in price -- even if the product is a can of soda that sells for just 75 cents.
Vending machines have become an increasingly important source of profits for Coca-Cola and its archrival, Pepsico. Over the last three years, the soft-drink giants have watched their earnings erode as they waged a price war in supermarkets. Vending machines have reamined largely untouched by the discounting. Now, Coca-Cola aims to tweak what has been a golden goose to extract even more profits.
Machines are already in place that can accept credit cards and debit cards for payment. In Australia and in North Carolina, Coke bottlers use machines to relay, via wireless signal or telephone, information about which drinks are selling and at what rates in a particular location. The technology is known as intelligent vending, Mr. Baskin said, and the information gathered and relayed by Internet helps salespeople to figure out which drinks will sell best in which locations.
Coca-Cola and its bottlers have invested heavily in vending machines, refrigerated display cases, coolers and other equipment to sell their drinks cold. Over the last five years, Coca-Cola Enterprises, Coke's biggest bottler, has spent more than $1.8 billion on such equipment. In support, Coca-Cola has spent millions more on employees who monitor and service the equipment. In 1998 alone, it spent $324 million on such support to its biggest bottler.
And last week, Coke's chief marketing officer unveiled the company's plan to pump more sales of its flagship soft drink, Coca-Cola Classic. The program includes an emphasis on Coke served cold.
Sales of soft drinks from vending machines have risen steadily over the last few years, though most sales still take place in supermarkets. Last year, about 11.9 percent of soft-drink sales worldwide came from vending machines, said John D. Sicher, the editor of Beverage Digest, an industry newsletter. In the United States, about 1.2 billion cases of soft drinks were sold through vending machines.
In Japan, some vending machines already adjust their prices based on the temperature outside, using wireless modems, said Gad Elmoznino, director of the Trisignal division of Eicon Technology, a Montreal-based modem maker. ''They are going to be using more and more communications in these machines to do interactive price setting,'' he said.
Bill Pecoriello, a stock analyst with Sanford C. Bernstein, applauded the move to increase profits in the vending-machine business. ''This is already the most profitable channel for the beverage companies, so any effort to get higher profits when demand is higher obviously can enhance the profitability of the system further,'' he said.


In most cases and unless there is a natural choice (eg, joint venture partner, majority shareholder), the seller would seek to promote competition between different bidders through a competitive sale process, whose conduct is not subject to specific rules apart from the requirement of good faith (see question 10).
In such a configuration, the typical process would start with the seller soliciting offers - possibly with the support of a financial adviser or accountant (see question 9) - by providing a short presentation about the target (teaser or information memorandum). After having signed a non-disclosure agreement, interested bidders will gain access to confidential information through a data room (now almost always virtual) to make firm offers. Selected bidders may also be granted access to the management of the target (management presentations).
The time period for achieving the transaction varies depending on the circumstances, but it usually takes three to five months to execute an agreement once the process has started.
Unlike the US (among other jurisdictions), France is not a federal state, which means that, with the exception of some overseas territories, French law is uniformly applied. In addition, significant efforts are made by French authorities to make laws and regulations more accessible for the general public and foreign investors (see, for instance, the BusinessFrance website - en.businessfrance.fr - which provides comprehensive guides in English on key legal topics).
With regards to the laws applicable to private acquisitions and disposals, particular attention should be paid to the general contract law provisions included in the French Civil Code, which underwent a major reform in 2016 with the aim of modernising and simplifying the applicable rules, it being noted that contracts concluded before 1 October 2016 (the date on which the reform entered into force) remain governed by the previous rules. In addition, specific additional legislation may also be applicable depending on the nature of the assets being sold (securities law, intellectual property (IP) law, sectoral legislation, etc).
Although it is possible to subject a transaction involving only a French target or asset to a foreign law (lex contractus) (except for certain specific assets like real estate), this is very unusual, and most sales of French targets and assets are governed by French law. In any event, French law would govern the legal transfer of ownership of the target's shares or assets.
In general, a buyer would acquire the title of ownership and all of the powers attached to it (ie, right to use, to collect the fruit or dispose), any such transfer being governed by the solo consensus rule meaning that, when ownership is acquired as a result of a contract, it occurs upon concluding such contract unless otherwise agreed or prescribed by laws. However, enforceability of such transfer may be subject to specific notification requirements or consents from third parties to be obtained, which depend on the nature of the transferred asset. As far as title to shares is concerned, such title is transferred by registration in the buyer's account in the company's register. It should be noted that, in December 2017, France adopted a specific law to authorise the registration and transfer of unlisted securities through the use of blockchain technology. Application decrees are still expected in this respect.
the division of shareholder rights between a bare owner and a beneficial owner that solely benefits from the right to use and receive the revenue from the assets.
As a general principle, a buyer must obtain the consent of each shareholder to buy his or her shares. Moreover, and without excluding a possible reform on this point in the future, there is no squeeze-out mechanism under French law for non-listed companies allowing a buyer to force a minority shareholder to sell his or her shares unless he or she previously consented to (for instance, through a drag-along clause, an exclusion clause or a put, which can be stipulated in the by-laws or in a shareholders' agreement).
As there is no automatic transfer of all the assets and liabilities pertaining to a transferred business, the parties may agree to exclude specific assets or liabilities, with the sole exception of the employment contracts, commercial leases and insurance policies pertaining to the business.
Furthermore, the transfer of contracts requires the approval of the relevant counterparties (unless such contracts provide that they are transferable without the consent of the other party), thus making the prior identification of such contracts in the course of the due diligence an important matter for any prospective buyer.
Moreover, specific regulations may govern the transfer of certain assets, such as real estate, for which it may be necessary to obtain from local authorities the waiver of their pre-emption rights (if any).
Generally speaking, there is no restriction on such transfers, including in relation to foreign investors, given that any barrier to free trade would be highly scrutinised by the European Commission.
That being said, French authorities may object to foreign investments in a few specified sectors, the list of which was expanded in 2014 following the takeover battle between Siemens and GE over Alstom's energy business. This has been significantly expanded to include activities that are essential to guarantee the country's interests in relation to public policy, public security or national defence (supply of energy sources or of water, transport and electronic communications services, etc). This list may soon be extended to other strategic sectors - to include semiconductors, space technology and drones, and to the extent that national security is concerned, artificial intelligence, cybersecurity, robotics and big-data storage. In practice, French authorities adopt a pragmatic approach when dealing with sensitive transactions, using such deterrent to impose, as the case may be, specific conditions to safeguard national interests. In any case, transactions in specific industries (banking, telecoms) may also require the green light from the competent regulatory bodies. Any such restrictions regarding EU investors would be more lenient, as they may benefit from lesser restrictions, than they would be for non-EU investors.
It should also be noted that the European Commission recently made a proposal to establish a EU framework for screening of foreign direct investments into the European Union. The Commission's proposal, that should not replace national foreign investment control, is still in discussions at the EU level and the final text should be adopted in late 2019.
Unless the transaction is subject to the merger control of the European Union, particular attention should also be paid to French merger control regulations (in addition to merger control regulations of other EU member states) under which transactions meeting the two following conditions may be required to be filed with the French Competition Authority (ADLC): the gross worldwide total turnover of all the companies involved in the concentration exceeds €150 million; and the gross total turnover generated individually in France by each of at least two of the companies involved in the concentration exceeds €50 million.
Finally, it is worth noting that other legal or tax restrictions may also affect the ability of the sellers and the possibility of completing a transaction (eg, vesting periods applicable to free shares or stock options, tax schemes subject to lock-up commitments).
Depending on the corporate form whose shares are being transferred (closely held companies such as partnerships (SNC or SCS) or private limited liability companies (SARL), for instance), the consent of the other shareholders (or the board of directors in a société anonyme) may be required for one shareholder to transfer his or her shares. Otherwise such consent is not necessary, unless stipulated in the by-laws.
In a situation where a corporate entity is the seller, the decision to sell is taken by the management. This position, however, ought to be qualified for some strategic decisions (eg, in the event of a sale of the majority of assets) for which, depending on the by-laws, the board of directors' or shareholders' prior approval may be necessary.
While the acquisition of shares generally involves limited formalities (tax filings and - for only some corporate forms (SNC, SARL, SCS) - additional filings with the Commercial Register), a transfer of a business or assets may involve specific disclosures to inform the seller's creditors of the sale or other formalities depending on the assets being sold (eg, the transfer of any real property involves a notarial deed and the waiver of any pre-emptive rights).
Both the seller and the buyer usually appoint financial advisers to help them throughout the course of the transaction. Facing the great diversity of such financial advisers (from highly regulated investment banks to non-regulated players), in early 2017, the French financial regulatory authority (AMF) launched a public consultation to determine whether it would be appropriate for the AMF to intervene in the oversight of such advisers. Although such proposal was not finally retained, the AMF has expressed its readiness to support initiatives aimed at improving the industry's practices.
For large-scale transactions, the terms of appointment of such advisers are typically standardised, with smaller transactions allowing more flexibility. A financial adviser's engagement letter will typically provide limitation of liability clauses, indemnities and retainer and success fees.
Although not very common, there is also an increasing number of situations where third-party appraisers are used for private M&A deals. Third-party appraisals may be used - for instance - to mitigate the risk of fiscal reassessment of LBO management packages by providing evidence that managers are bearing a financial risk and that the transaction has been made at fair market value.
As part of the reform of the Civil Code (see question 2), the duty of good faith has been expressly extended to the negotiation phase - in addition to the conclusion and execution phases - as an 'imperative' duty. Because good faith is a generic concept, it is naturally difficult to fully identify what this requirement actually means in practice beyond the general duty of loyalty it underlies. In the event of a sale process, for instance (see question 1), it might be thought that such requirement should be construed as entailing the necessity for any seller to treat alike prospective bidders in the same situation. More precise guidance, however, has been provided with respect to pre-contractual information (see question 14).
In a negotiation context, directors of a buyer or a seller must also pay attention to the specific duties that apply to them, such as the duty to act in the company's interest (which may differ from the shareholders' interests) or the duty of loyalty that prevents, for instance, directors from buying minority shareholders' shares at a price lower than that which could be offered by a third party thanks to the privileged information they hold because of their functions. This tighter framework may be considered as part of the explanation of the increased use of third-party appraisals (see question 9).
In addition to prior agreements such as non-disclosure agreements or promises, definitive agreements will contain all the terms applicable to the transaction, including a description of the transferred assets, the price, the warranties granted by the seller, the conditions precedent, and non-compete or non-solicitation clauses, with asset purchase agreements being subject to a more rigid framework with some compulsory statements (such as the name of the previous owners, details about the turnover) in the absence of which the invalidity of the sale may be claimed by the buyer.
Except for transactions involving the sale of real estate, no seal or notary public involvement is generally needed. Documents executed under private signatures may be countersigned by the parties' lawyers, which would enhance the enforceability of such documents, but it is not common practice for M&A transactions. Initialising each page can still be seen, except when using certified devices preventing page changes. Digital signatures are generally enforceable provided the process is reliable (rules in this respect are provided by both the Civil Code and the EU electronic Identification, Authentication and Trust Services Regulation No. 910/2014), but this is not yet common practice for M&A transactions.
The scope of due diligence typically varies depending on the size of the contemplated acquisition (ie, whether the buyer intends to acquire a minority interest or 100 per cent of the share capital of the target). Due diligence usually includes corporate documentation, commercial contracts, employment, taxation, IP, IT, regulatory, litigation, environment, accounting and financials. Compliance matters are also increasingly becoming a key issue for due diligence, particularly following the new requirements enacted by the 2016 French anti-corruption law ('Sapin 2' bill).
When the seller - usually a private equity fund or an industrial group - sets an auction process for the sale of a significant asset or a business unit, it is common to have a vendor due diligence report to ensure better control of the offer timeline. It is also usual to have a reliance letter to the benefit of the buyer.
As a direct consequence of the good faith requirement for pre-contractual negotiations (see question 10), the Civil Code now provides specifically that any party having knowledge of a fact that is key for the consent of the other party must inform the latter, provided, however, such other party is legitimately unaware of such information or relies on the first party. This pre-contractual information duty is likely to have an important impact on M&A negotiations, especially because it cannot be excluded or limited by the parties. In addition, it may lead in the case of a breach to the contract being null and void. It should be noted that specific regulations (real estate, environment) may also impose specific disclosure obligations.
Except for this important caveat, the liability of the seller for any pre-contractual or misleading statements may be limited or extended depending on the terms and conditions of the contract. Any limitations on such liability would, however, be disregarded in cases of fraudulent intent.
Commercial court registers are the main source of information regarding French privately held companies, making available, inter alia, the 'K-Bis extract' (which certifies the legal existence of a company and provides information about its management), the articles of association, annual financial statements, information about insolvency proceedings, and specific pledges or encumbrances. In practice, such documents may be consulted online on the Infogreffe website (www.infogreffe.com (available in English)) for very limited fees.
It may be also useful to check other sources of information, depending on the circumstances or the assets, such as patent and trademark databases held by the French National Institute of Industrial Property (bases-brevets.inpi.fr and bases-marques.inpi.fr), land registers or other sectoral authorities' websites in the event the target is subject to any specific regulation given the nature of its business (eg, information about portfolio management companies may be found on the AMF's website).
Finally, in the event that the target is a subsidiary of a listed company, useful information may also be found on such listed company's website (eg, through its annual report).
The explicit acknowledgement of a general duty of pre-contractual information from seller to buyer (see question 14) does not mean, however, that buyers are not subject to a duty to inquire themselves, which naturally depends on the parties concerned. Hence, unless otherwise provided in the transaction document, if the buyer was aware or should have been aware of any fact or event giving rise to a claim, French courts would take into account such failure to reduce the amount of the claim or to exclude it.
Pricing is usually determined by using the discounted cash flow method set on the basis of a business plan with post-closing adjustment mechanisms (net debt and working capital) derived from closing accounts. Naturally, other valuation methods can be used depending on the industry (eg, the revalued net asset method is favoured for real estate companies). Locked-box structures are increasingly used in the context of auction processes involving significant - and highly sought-after - assets.
Cash remains the most common form of consideration, and it is very rare to see shares used as a means of payment for private M&A deals unless the transaction is structured as a combination through a merger or a contribution. Vendor notes are not frequently used except for a limited portion of the price or intra-group transactions.
There is no obligation to pay multiple sellers the same consideration, but this would be generally the case for the buyer to obtain the consent of each shareholder (see question 4). In contrast, if the transaction involves corporate operations such as a merger, all shareholders should be treated in the same way and receive the same consideration.
As far as asset sales are concerned, it is market practice to put into escrow the purchase price to protect the buyer against claims made by the seller's creditors that may be triggered following mandatory disclosure formalities (see question 8).
Otherwise the use of earn-outs, deposits and escrows will depend on the circumstances: earn-out mechanisms are most commonly found for companies under significant growth to reflect such value in the price; deposits and escrows are commonly seen for small cap and mid-cap transactions when some uncertainty remains about the buyer's ability to proceed to completion or to secure important risks identified (eg, environment issues).
Debt financing structures are frequently used to finance acquisitions, from single facility loan agreements to more complex structures involving different tranches of debt. To get assurance on this matter, the seller would usually require being provided with a duly executed debt facilities agreement (or binding term sheets) before entering into definitive documentation with the buyer. In addition, should the buyer have minimal financial substance (ie, it is a share purchase vehicle), the seller may also seek guarantees from creditworthy entities or directly enforceable equity commitment letters to cover equity financing.
French corporate law prohibits financial assistance schemes whereby a company would advance or lend money or grant a security interest - directly or indirectly - to a third party in view of the subscription or acquisition of its own shares. Similarly, any company must refrain from committing a misuse of its corporate assets or acting in contradiction of its best interests. Thin capitalisation rules may also have an impact on acquisition finance transactions.
Signing and closing of a transaction can occur simultaneously. It is market practice, however, to see closing conditions, the most common being antitrust and other regulatory clearances or accuracy of the seller's material warranties at closing. Of course, any buyer will seek to extend such conditions so as to include, for instance, the availability of financing, and the absence of any material adverse change between signing and closing.
Both the seller and the buyer are expected to take any reasonable actions that are necessary to satisfy the closing conditions that have been agreed upon. Besides, the Civil Code expressly provides that any condition precedent shall be deemed to have been fulfilled if the party who is interested in its failing has obstructed its fulfilment, which in practice would encourage (to say the least) the parties to make reasonable efforts to ensure adequate fulfilment of the closing conditions.
It is a common feature to have pre-closing covenants whereby the seller undertakes to operate its business in the ordinary course of business in line with past practice by using the French legal standard of a reasonable person. Any unusual operations, such as modifications to the share capital, acquisitions or sales of significant assets, and the creation of encumbrances, will generally require prior information from or even the prior consent of the buyer, keeping in mind in this respect that information exchanges and restrictions on the target's business operations must be analysed carefully to avoid any gun-jumping qualification when the transaction is deemed implemented before receiving antitrust clearance (see, for instance, the €80 million record fine imposed in 2016 on telecom operator Altice by the ADLC).
Remedies will vary depending on the nature of the breach of such pre-closing covenants and the terms and conditions of the contract, but would generally result in damages rather than permitting a buyer to terminate the transaction.
Typically, parties cannot terminate after signing a transaction in advance of a negotiated long-stop date, except to the extent that any condition is, or becomes, incapable of satisfaction. That being said, the reform of the Civil Code has made room for hardship by allowing, unless otherwise provided in the documentation, the amendment or rescindment of the contract - either if agreed by the parties or decided by a judge - if following an unforeseeable change in circumstances, the performance of such contract becomes excessively onerous for one party. The contract may also be rescinded in the case of a force majeure event with definitive adverse effects.
Break-up fees are not a common feature in the French market in the acquisition of private companies, businesses and assets (even if there are no particular restrictions). It is, however, common practice to see withdrawal clauses in real estate transactions.
It is customary to have the seller give representations, warranties and - less frequently - indemnities, the scope of which will of course be discussed with the buyer, keeping in mind in this respect that such provisions are typically the longest part of any purchase agreement. There is no legal distinction as such between representations and warranties on the one hand and indemnities on the other hand, but because such provisions are designed to address different concerns, different terms and conditions may be applicable.
In practice, representations and warranties will be used to cover any adverse unknown event whose origin pre-dates the execution of the transaction document. Representations and warranties will be grouped into two main categories, fundamental warranties and business warranties, with different conditions for indemnification. The minimum set of (fundamental) representations and warranties should normally encompass the following items: capacity of the seller and authority, valid title of ownership of the assets being sold as well as the absence of any third-party rights.
Besides, the seller may also agree to specific indemnities, pursuant to which the seller undertakes to indemnify the buyer from precisely risks identified through due diligence or disclosure that have not yet occurred (as a buyer is typically precluded from bringing a warranty claim in relation to a matter it is aware of signing). Because indemnity provisions are usually about important risks (specific litigation, environmental issue, etc), they would entail different limitations (cap, thresholds, duration) from those applicable to representations and warranties.
Limitations on a seller's liability will typically depend on the types of representations and warranties (see question 27), with fundamental warranties often carved out from any limitations other than the seller's aggregate liability cap that may be agreed between the parties and that would be equal in most cases to the purchase price.
specific liability cap (typically 15 per cent or less of the purchase price).
Transaction insurance is more the exception for French private M&A transactions rather than the rule. When used, transaction insurance policies will generally duplicate what has been agreed between the seller and the buyer with the exception of specific indemnities, facts known to the seller or uninsurable sanctions.
Transfers of shares in a company are typically subject to the following stamp duties: 0.1 per cent of the purchase price for shares in joint-stock companies; 3 per cent of the purchase price for shares in limited liability companies or partnerships; or 5 per cent of the purchase price for shares in real estate companies.
There is an exemption from the stamp duties for trading activities on the capital markets.
Transfers of a business are subject to higher stamp duties, ranging from zero to 5 per cent (for the fraction above €200,000) of the purchase price. Transfers of assets are generally not subject to any stamp duty unless they qualify as real property.
It is market practice for the buyer to pay for the stamp duties, although the seller and the buyer remain in all cases jointly liable to the tax authorities for the payment of such stamp duty.
Transfers of shares, businesses or assets may result in taxable capital gains for the seller.
If the seller is an individual, the Finance Law for 2018 introduced a flat tax withheld at source on income from capital (such as capital gains) including personal income tax and social contributions at a combined rate of 30 per cent.
If the seller is a company subject to French corporate taxes and transfers shares, the tax rate pursuant to which the capital gains will be taxed depends on the qualification of the shares transferred. If they qualify as ownership interest (5 per cent interest, held for at least two years), the capital gains will be taxed at a preferred 12 per cent rate. Otherwise, they will be taxed at the corporate tax rate (33.3 per cent, to be reduced in stages to 25 per cent in 2022). If the seller is a French company subject to corporate taxes that transfers a business or assets, the capital gains on such transfer will be taxed at the corporate tax rate.
Value added taxes are not applicable to transfers of shares or businesses. However, value added taxes may be applicable to transfers of individual assets, depending on the nature of such assets.
Employees of a company are automatically transferred to the buyer who acquires an 'autonomous economic entity'. An autonomous economic entity is an organised set of assets and persons facilitating the exercise of an economic activity that pursues a specific objective.
The transfer of an autonomous economic entity may be operated through an acquisition of shares in the target company or of all or part of its business or assets. However, an acquisition of individual assets in the target company does not always trigger the automatic transfer of employees. Hence, in the event of an assets sale, an analysis of the scope of the transaction with regard to such employee transfer rules shall be run to consider whether it would entail any such transfer.
Any dismissals implemented before the transfer for circumventing such automatic transfer rule are prohibited and may entail liability for both seller and buyer.
Employees' representatives of a target company must be notified, consulted, or both, prior to the acquisition of the shares or the business of such target company. The acquisition of assets will give rise to notification or consultation obligations to the extent that it results in the transfer of an autonomous economic entity (see question 33) or impacts on the production structures of the target company. The relevant notification and consultation process must be run prior to the signature of any binding agreement between the seller and the buyer. Notification or consultation obligations of employees' representatives may also concern the seller and buyer in cases where they are present in France.
The French government issued orders in late 2017 to reform the French Labour Code, which, in particular, simplified employee representative bodies' framework by merging current structures into one social and economic committee. The social and economic committee has the same function as the previous structures, notably the ones attributed to the current works councils. Thus, target companies' social and economic committee - for companies having more than 50 employees for at least 12 months - must be notified and consulted prior to any changes made to the target company's economic or legal organisation, including any merger, acquisition, changes to the production structure or on any acquisition or sale of a subsidiary. In the context of takeover bids, a special notification and consultation process applies to the social and economic committee of the target company.
Small or medium-sized enterprises (ie, small and medium-sized enterprises (SMEs) with less than 250 employees and an annual turnover or total assets not exceeding respectively €50 million or €43 million) are subject to specific obligations in terms of employees' information in the context of an acquisition so that such employees are given the ability to bid for the acquisition of the shares or business of the target company. Hence, in connection with the acquisition of a business or at least 50 per cent of the shares of an SME, the employer must inform the employees at the latest two months before closing the transaction if the target company does not have a social and economic committee, or otherwise at the latest at the same time as the consultation with the social and economic committee. Breach of this obligation may result in penalties for the employer but does not trigger the nullity of the acquisition.
Infringements to the social and economic committee's notification and consultation processes constitute criminal offences on the part of the management of the target company and may be sentenced as such.
As a general principle, all contractual rights and obligations of employees are transferred to the buyer, pursuant to the automatic transfer rule (see question 33), without any filing. However, the automatic transfer rule does not apply to other benefits granted in accordance with collective agreements or customs.
Pension rights are divided into three different categories: the basic state pension scheme, compulsory complementary schemes and supplementary pension schemes. Employees' pension rights under the basic state pension scheme and supplementary pension schemes are automatically transferred to the buyer of the target company or of its business. Employees' pension rights under the supplementary pension schemes are also transferred, although such schemes may be carried on by another services provider and their terms and conditions may be amended as a result of the transfer.
One year after the election of Emmanuel Macron as the president of France, major labour market and tax reforms have been passed aimed at boosting investment and the attractiveness of France. As the International Monetary Fund recently pointed out, 'France has now become a reform leader in Europe' and it is not expected that the tempo will slow down. In this respect, the government has just released the Pacte bill, a proposed significant and wide-ranging legislation to support the business environment and upgrade business regulation to the highest standards. These are new positive signals that may have a favourable impact on transactional activity.


I'm a couple of days late to the party for favorite books last year. It's still early January, so it counts, right?
I reviewed this book on the blog. I think it's one I should read every year.
Here is a short review of this one as well. If you are in the motherhood trenches, this book is for you.
I received this book from my parents and read it in two days. Her story captures your attention and reminds you that Christ's power over salvation can reach anyone. Her final chapters on life after her conversion are especially moving as you see her love her children from all walks of life.
This book came highly recommended from a friend of mine and I'm so glad I read it. Written against the backdrop of apartheid in South Africa, it is a moving story of prejudice, injustice, and forgiveness. And it is beautifully written. It also reminded me that I need to read more fiction.
Not your average beauty book, this book is a breath of fresh air for all who struggle with what it means to be truly beautiful (and that's probably everyone!). I reviewed it here.
This is a book I hope every woman in our church reads at some point. I finished this book wanting to know my Bible better, and I've heard other friends say the same. She establishes the basis for Bible literacy and then gives you the tools to accomplish the task. If you want a more robust understanding of Bible study, this book is for you.
I think this book can be a paradigm shifting book for many women with regards to work. I'm especially thinking of their focus on the seasons of a woman's life. While our culture doesn't lend itself to women and work in a variety of season (i.e. accomplish everything when you are young), they help the reader see that for everything there is a season and there is value in understanding your place in that season.
Jen makes me want to be a better writer. But she also makes me want to know God more. She has a gift for making words come alive. By drawing you into her prose, she helps you better understand your own desires in light of Scripture. This book won the Christianity Today book award for 2014 and I'm so glad it did. I interviewed her here.
One thing that stands out to me with the books I enjoyed this year is that most of them are written by women. I'm so encouraged by the many female writers that are out there right now. They are an encouragement to a new writer like me, but also help all women see the value of studying Scripture for every woman. I imagine 2015 will be no different!


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The Laguna Playhouse generally manages to bring new attractions to the stage — even when the live production might be quite new but the original material has been around for eons. Such is the case with "Around the World in 80 Days," playwright Mark Brown's stage adaptation of the classic Jules Verne novel which was transformed into an award-winning movie in 1956 by famed showman Mike Todd. It opens Saturday and will be on the playhouse stage through Feb. 8. Brown's personal journey to put this epic story on the stage began in 1999 and was realized in 2004 when it was named "best theatrical comedy" by the Sacramento Bee. Since then, the show has been produced, literally, around the world.
BARBARA DIAMOND Laguna Coast Wilderness Park Ranger Barbara Norton patrols and guards the park with a strong body, a sunny smile and keen eyes. Not everything she sees makes her happy. "I must pick up two or three Mylar balloons a week," said Norton, a Laguna Beach resident and former powerhouse volunteer in the school district. "People let them go and they drift into the park, and sometimes park visitors bring them in." She picks them up and tacks the deflated balloon to a post near the Information Center behind the parking lot off of Laguna Canyon Road near El Toro Road, inadvertently creating "found art."
The Bluebird Canyon hillside restoration is shaping up. Restoration of the hillside that slid into the canyon June 1, 2005 is progressing toward a completion date of March 31, according to an update presented Tuesday to the City Council. The slide damaged 21 homes, 12 of which were destroyed, and buried city infrastructure. To meet the target date, city officials said the contractor is expected to work six-day work weeks from 7 a.m. to 6 p.m. and possibly some Sundays, if needed, to make up for rain delays.
Andrew Edwards The August sun burned overhead as a noisy bunch of Laguna youngsters showed off their cache of water guns, and waited as others lugged heavy red buckets filled with an arsenal of fun. "Water balloons," 7-year-old Cora Bowers called out excitedly when she saw the dozens of balloons, just waiting to be tossed at her and her friends. The children at the Boys and Girls Club of Laguna Beach commemorated "Water Blast Day" on Friday by playing three games, which became more frenzied as the day went on. The event started on a calm note with a water balloon toss, but got more hectic when it was time for the water balloon fight -- when it was time to bring the squirt guns into play, all bets were off. During the toss, children paired up and tossed a balloon back and forth.
Fresh from summer vacation, incoming freshmen at Laguna Beach High School were treated to an orientation Monday that both informed them and tried to alleviate any fears about moving up to high school. Most of the kids knew each other through Thurston Middle School. They showed off their new leggings and backpacks, and hugged each other happily. But they were on a new campus. In the "Breakthrough Crew" orientation program, now in its fourth year, freshmen and upperclassmen student leaders connected on a peer-to-peer level.
This letter responds to Richard Picheny's personal attack on me in the Coastline Pilot's May 4 story , "Cottage to be torn down. " Picheny indicated that I do nothing as a council member to protect old cottages. His statement is simply untrue. Here is one example: Several years ago, when I was involved with fundraising for our community/senior center, the city had purchased parcels on Third Street, where four old structures were located, to be used for the center. A couple of these structures had been made available by the city to the 2005 landslide victims to live in at no-cost while they were trying to rebuild their lives and their homes, and I had been inside them visiting those folks.
The following is a list of special events for the 19th Annual Winter Fantasy Sawdust Festival, which opens Saturday and will run from 10 a.m. to 6 p.m. on weekends through Dec. 13. Tree lighting: The Festival will kick off with Community Night at 6 p.m. Saturday with a Tree Lighting Ceremony and a speech by Mayor Kelly Boyd. Special guests and community performers including the Laguna Community Concert Band, Sasha Evans, Rene?s Marionettes, Laguna Presbyterian Church hand-bell group, Top of the World honors chorus, Balloon Diva and Santa will help celebrate the event.
Laguna Beach Little League will salute its 2007 regular season Saturday with its traditional Fiesta Day celebration at Riddle Field. The festivities begin at 9 a.m. — when the snack bar opens offering coffee and doughnuts — and concludes at 1 p.m. The snack shack also will be open for lunch. Events for players and their families include a big field slide, dunk tank, balloon twisters and in-field activities and contests. An awards ceremony and the handing out of yearbooks will take place between noon and 1 p.m. on the field and is for coaches and players only.
Latin jazz in Rose Garden Aug. 6 Laguna Beach Live will present the Latin Jazz Syndicate featuring Bijon Watson at the Hotel Laguna Rose Garden from 6 to 8 p.m. Aug. 6. The group infuses authentic Latin grooves with classic standards, as well as performing original arrangements. The musicians are Bijon Watson, trumpet, fluegelhorn; Carlos Ordiano, keyboards; Ruben Ordiano, drums; Oscar Cartaya, bass; and Angel Rodriguez, percussion. Bijon Watson is lead trumpet for the critically-acclaimed Clayton-Hamilton Jazz Orchestra, and recently toured with Harry Connick, Jr. Cover charge is $10. For more information, visit www.lagunabeachlive.
TUESDAY Cozumel: Police received a report that someone used another person's personal information to buy a vehicle and a home mortgage at 3:47 p.m. in the 200 block. South Coast Highway: A man reportedly stole a golf cart and crashed it into the side of a building at 5:17 a.m. in the 30800 block. MONDAY Cress Street: A woman was reportedly harassing staff members at 8:39 a.m. in the 700 block. North Coast Highway and Myrtle Street: A woman told police that a water balloon hit her car while she was driving and broke the headlight at 8:20 p.m. SUNDAY 3rd Avenue: A 2005 Toyota 4-Runner was reportedly stolen at 11:12 a.m. in the 400 block.


text:
1964-07-13 - Cold Fingertips
Summary: Crossing paths on the street, two of the foremost assassins enjoy some conversation and idle posturing. Who doesn't like a death threat?!
He doesn't have a home, precisely. He has crash space at Rogue's, though that's increasingly a torment of mute longing….and crash space at Kai's. AT the moment, he's paying Kai's rent, ahead of the day that Loki steps up to keep Kai in the style to which he's accustomed. But both are safe and pleasant spaces where he can try and sleep in peace. It's to the latter he's heading after work, in the wee hours of the morning - his suitjacket and tie off, the former slung over his shoulder. His hair's still neatly clubbed at his nape - still refusing to cut it. Bucky's stride is easy, that unthinking lope.
The wee hours find a lithe figure emerging from a shop door far after hours. The sign clearly says 'CLOSED'. The brunette, wearing a rather…form-fitting set of leather pants that accent her dancer's legs and a matching jacket, zipped up tightly until it can't zip anymore at her chest, uses what appears to be a skeleton key to lock said door. She's difficult to spot within the shadows of the overhanging sign, but stepping into the golden cone of the streetlight brings her into sharp relief. Her hair is back in a simple ponytail, which manages to corral some of its wavy volume.
Tanya slips the key into its usual place — definitely not a pocket, because…there are no pockets on that jacket — and then turns to walk away from the scene of her dalliance. She's immediately aware of the man in the dress shirt and pants walking her way and assumes a nonchalant air that comes with a subtle sway to her hips. Look at how I move, her traveling seems to whisper, pay no attention to my actions or face. In the meanwhile, her olive-green eyes, lined by dark lashes, try to measure what she can of the man.
Armed. And the way he walks…..it might well be familiar. A funny, hips-a-little-forward swagger, as if he weighed more than he looks like he should. His expression's bland, a little abstracted - a waiter counting over his tips in his mind, perhaps. He sees her, that pale blue gaze meeting hers, and nods politely enough, before letting it slide away. New Yorker's etiquette.
No shame in being armed this late on the streets at night. No gun on her person, though a very sharp little knife dusted with dried mamba venom within easy reach — and, of course, her Darkforce powers.
Tanya gives him a little smile, a wisp of heat showing in the tiniest flash of teeth, and then she's past him. He'll hear her booted steps come to a slow stop and then, from behind him, just loud enough for him to hear and no louder,
"You've got to be fucking kidding me. …«Zimniy Soldat»?" The Russian still carries a heavy brush of her base Chicago accent, making it clear that it's not her first language and that she's relying heavily on memory in order to pronounce the title.
Winter Soldier. THE Winter Soldier?! It's about as likely as two arch predators on separate continents crossing paths. What…luck?
She can see it wash over him, that shock, like a man dropped into a pool of ice water. Then he's turning with deliberate, dream-like slowness — and the surprise on his face is washing out into a blank canvas. He doesn't bother to try and lie or play it off. By the time he's done turning, it's Winter mostly in charge, gazing at her with that wolf's stare. «Who is asking?»
"Uh…" Tanya's actually…dealing with the butterfly flutters of the assassin underworld's equivalence of fangirl-dom at the moment, which leaves her speechless. Well, that, and it's Russian and she doesn't speak the language at all. She adopts a relaxed stance, arms folded beneath her chest. What nice plumping. Distraction, ahoy?!
"I don't speak that language, friend Ruskie, not well enough to answer you." Her smile returns, coy and inviting, even as she slowly draws her eyes down and back up his body. Oh yes. Definitely armed. Could it be…?
He swallows once, throat working, as if that's what were needed to change modes. In the glow of the streetlight, he's impossibly young. The Soldier's been a boogeyman for two decades, since the end of the Great Patriotic War. He should at least be in his forties. But he's no more than twenty five…..save for the eyes. His English is still formal, if almost accentless. "I said," he enunciates, "Who asks?" Still slow, deliberate - to move too fast is to likely start a fight without meaning to. If he's slow, Bucky has a chance to do things without yielding to the Soldier's reflexes.
"Ooh…that almost makes me think it is you," murmurs the brunette with brutal amusement in her tone, making no fast or further movements except to slouch a little more. Contrapposto pose, ahoy, to accent all of Tanya's curves…and better ready herself to dive to one side.
"Hell, you probably have no idea who I am, but…if you're the Winter Soldier, really him…then maybe you'd know me by 'Black Mamba'." If he does, it's with connections to Roxxon and some burgling of very interesting 'haunted' artifacts…and maybe some bodies left in the wake of her slinky shadow.
Winter has opinions like a Shibe in booties, and a fund of info, all of which he dumps into Buck's mental stream with the enthusiasm of a toddler loading a bathtub with Mr. Bubble. It leaves Bucky going still, which is Winter's equivalent of a jaw-hanging gape. "The name and reputation are familiar," he says, finally, gaze not wavering from her. IT's very much that serial killer stare. "Are you here for me?" His tone is almost casual.
Tanya stops herself from blurting out some flustered giggling and instead hides a smile behind one hand against her lips. Or…she attempts it, all part of her usual masquerade.
"Hell no," she replies quietly, after a moment of apparent consideration. "Not you. You're…hell, functionally immortal. No contract or bounty on your head, Mr. Winter. Not that I hold. No…but it's really you, isn't it…?" She begins to step forwards, still attempting to remain as neutrally inclined in air as possible. Her eyes are all for him, shadowed as they are, and they hold a muted twinkle that…may invite closer inspection if his curiosity gets the better of him.
He does not seem reassured, but nor is he inclined to immediate violence. He's still watching her with that unwavering stare, tensing a little like an animal about to shy away. "Yes," he says, curtly.
The smile she flashes is quick and bright before it melts back into a coy curve.
"Well…bury me in a fire-ant hill slathered in honey." It's a thoughtful-sounding comment, accompanied by a tap-tap of one finger alongside her mouth. Maybe…she's done that to someone before, probably out of petty revenge. "It's a pleasure to meet you, Mr. Winter. Or rather, the pleasure's all mine…" Oh yes, it's exactly the smoky purr one would expect from the Mamba. Another few steps closer, gracefully, nonchalantly, not precisely within his personal space.
And he ghosts back, precise as a dance, soundless as smoke. "No," he says, as if to ward off whatever suggestion or request. "I am retired." What an absurd, old-fogey word to come out of his mouth - but the pale eyes have gone fierce.
"What do you know? Me too," replies Tanya in a lighter tone, though it loses none of the underlying admiring heat. "No one's asked for me by 'Mamba' for…months now. Not Mr. Winter though…? What do you go by these days, if you don't mind my asking?" The leggy brunette continues at an angle now to him, as if to pass by him rather than walk head-on. Still keeping her distance, this one, measuring, testing in her own little ways, lead in a dance of unspoken threats and prowess.
He doesn't want a fight….but he's still dangerous. "Jack," he says, bluntly. "Jack Frost." There's no humor in his face, despite that name. Careful to keep from permitting her to box him in, or maneuver him into a corner - making no secret of it. No getting within easy lunging reach.
"Mr. Frost then," and there's not a speck of laughter as Tanya takes a conversational tone. Her smile is more charming now, insinuating that she means no harm as she stops, now underneath another cone of golden light shining down from above. It glistens on the leather, makes it look nearly liquid, and pools in all the right spots on her exposed skin.
"Again, a pleasure to meet you. I'm Miss Sweets. I won't shake hands with you because I can tell we're not going to be…bosom friends — not right now at least," and she sighs as if accepting this. Somehow, she manages to look up at him through her lashes. "You're…busing tables, I guess? How…normal." Now returns the twinkle to her eyes, amusement ghosting through her mien.
To Winter, this does not compute. James….it's sinking in. She's *flirting* with him, or trying to. He bobs his head in agreement, or in lieu of handshaking. "Something like that," he says, flatly. Definitely Winter's lack of affect.
By the answer, reluctant as it is, Tanya seems to realize that her subtle enactions are beginning to get through to him, beyond whatever this…mask of coldness is he's putting on. Another settling in her posture, more accentuation of curvature beneath black clothing.
"If someone had bet me money on what you'd be doing after disappearing like you did, I would not have wagered busing tables. It's clever. I like it," she says, nodding her head once to Bucky. "No one would expect it, with your reputation. I haven't found anything here yet. I have my outlets, but…" She observes her nails for a second, quirking her mouth in a flat line. "…they're not acceptable, even here in New York." Oh, the myriad implications.
Now there's a hint of something that isn't that flatness or incomprehension. "I don't have a college degree," he notes, with a sardonic twist to his lips. "I've got no legit papers. No employment record. Winter's dead. This is what's left."
"It's not half-bad looking," the brunette readily admit, as if were so difficult to share her opinion. Once more with the draw of her off-green eyes, from face to toes and aaaaallll the way back up. "You clean up well." Her gaze locks on to his and there, the twinkle he might have caught earlier in their exchange, but this time…
Her voice takes on a cajoling melody as Tanya takes a step closer. "Did you…still keep the metal arm? Can I see?" Her full bottom lip, painted red as it is, is dragged by her teeth. Never does her attention deflect from his face — another slow, swaying stop closer, out of the glow of the streetlight now.
The old legends imputed snakes with the ability to hypnotize prey with their gaze. She can see the power take hold - he's so weak on that front. The door built and opened by the Soviets admits many keys. That fight or flight tension seeps from him, from the lines of his face, leaving him looking painfully young, gazing at her in bemusement. The hand of flesh wastes no time in undoing his cuff button, rolling up the sleeve. The arm gleams like silver in the light of the streetlamp.
"I'll be damned…!!!"
There's a very real hit of fearful awe in her whisper, as if she's waiting for him to spring at her suddenly in his Russian boogie-man way and end her as quickly as she takes her next breath. Tanya waits another few heartbeats, seeing if he throws what little compulsion she placed upon him — and no, there — the infamous silver arm of the Winter Soldier. Her mouth hangs open slightly even as she reaches out to place fingertips so lightly on the metal. It's cold, cold like…prison bars. Cold like it's been…left out in the snow.
Oh god, this is the Winter Soldier!!!
The gasp gets caught in her throat that closes tight and she looks back into his eyes again. "Forget what I did, please!" It's a sharp command, frightened well and good at what her impulsive nature has just driven her to do. Quickly as possible, she attempts to compose herself and clears her throat. The quivering is forced down inside and the smoldering mask slipped overtop it again, hopefully just in time for him to return from whatever sweet, shadowy reverie he was momentarily trapped within.
It's like being able to pet a wild wolf at some sort of weird encounter tourism trip. No bars! No chains! But he obeys, still, blinking at her suddenly…and it's not anger, but fear, there. He's had some kind of fugue, and it's enough to make him pale and step back, hastily recovering his arm, as if i were some kind of deformity.
Tanya frowns, playing along even as her heart does weird flipflops and her stomach begins considering a crawl up her throat.
"Hey, you okay? You look like you saw a ghost. It's okay," she adds, showing the perfect balance of concern and mild amusement. Her hand remains fisted, tucked up just beneath her sternum. Her fingertips are still cold.
It must ache. All the time. No wonder he has an obsession with sleeping in sunbeams like some kind of cybernetic monster cat. Then he grins at her, and it's a skull's grin. "Like you? You have seen a ghost, too." It's definitely Winter talking. The ….construct/ghost/alternate personality/murderbot has a sense of humor, too, and it's far less nice than Bucky's.
They probably could have a good argument over who's the more pale at this point. The blood rushing from her face leaves Tanya's eyes glistening momentarily. Oh shit. Oh shit oh shit oh shit.
"I guess so," she finally manages. The step backwards is slow, respectful somehow, and her nod nearly duelist to duelist. "I won't blow your cover if you won't blow mine."
The smile deepens into something approving….but still predatory. Amazing how much older he looks, when that malevolent spirit is driving. "That is good sense," he agrees. "Wise people do not believe in ghosts. So there is no sense to telling stories about them." The accent's still American….but the syntax is that of someone hunting and pecking his way through English.
The old assassin's logic brings forth that smile again. It's shy at first, but it grows into a sly smirk. Here's the common ground between them again.
"Stick to the shadows, eh?" Tanya idly toys with the zipper of her jacket. "Be the thing your mommy always warned you about. The closet door rattling. The doorbell when you're alone… Boogity-boogity," she laughs, low and quiet and somehow faintly cruel.
"CIA Agents scare their new recruits by telling them that if they are bad or foolish, the Soldier will come for them," he returns, with a hint of arrogance, mock-solemn. "Let them have bad dreams a little longer. That which is dead can not die."
"I used to drink with folks who would shoot vodka in your name, Mr. Frost." Note that she sticks to the name given by his more…normal mindset. "I'll do the same when I get home. Promise not to tell anyone, truly…"
Her fingertip, of the warmer of the hands not having touched cold metal, crisscrosses over the bared skin above the home of her pulse. "…cross my heart." It's a purring promise.
There's a moment's cold consideration. Will she really keep her mouth shut? He doesn't believe it…..she can see it, the cold calculus of what kind of struggle she might put up. Then he visibly dismisses it. "Don't. You don't hope to die."
The adrenaline kicks her heartrate up high. Surely he can see it in the lines of her throat. She licks her lips slowly, eyeing him with noted caution wisping through the poise.
"Don't what…? Oh — hah," she chuckles from the back of her throat. "I'm not concerned about that. I have no mark against you. You really want to sully your name removing a major player from the board? And over what, a ghost story…? Tsk." And she clicks her tongue, folding her arms once more to accent her chest.
He sneers at the idea, just a little curl of his lip. "Sully my name? It's dirty enough already. And I'm a free agent, now." Then he lets it go, weary again.
Watching the defenses fall brings that composure back in full force for the Mamba. She looks him over carefully, noting the changes in demeanor and poise, and marks them well. She's one for faces too. It'll be very hard to hide in a crowd anymore, at least from her. He seems…so old to be so young, at least now, in the garish light coming down from above.
"You are. It's…crazy to think about." So is everything Bucky's done, spanning decades and even into the present. She read the newspapers. "So am I…I guess." She shrugs. He's considered again and this time, it's lacking a predatory air. "Where do you work? If I wanted to come say hi and exchange stories."
Someone's still a fangirl.
Bucky shakes his head at that. No. Not giving it away. She's just going to have to stalk him the old-fashioned way.
With a scope.
"No….?" That plump bottom lip slips out, perfectly timed with another look up through her dusky lashes. "Not even for a kiss…?" It's a sultry question, of course, paired up with a lip bite that speaks to the duality of proposed innocence veiling a willful streak of incandescent fire…if he wants to burn his fingertips rather than leaving them cold.
He jerks back like a horse whose had his bridle yanked hard. Blame Amora, he's gunshy now. "No thanks," he says. "What is with people this week?"
Well, normally that works. Bucky gains himself a frown, one of the first negative expressions since they crossed paths.
"…'everyone this week'?" she echoes, tilting her head to one side. "What, someone liked the spaghetti you delivered so much that they goosed your ass or something? Attempted to tip you with a blowjob?" A eyebrow arches. "I can think of worse things than swapping a work address for a kiss."
"It's a long story, but….the end result is 'no'," he says, simply, drawing away a little further. Don't ask him what the Russians did to discourage further liaisons after Pepper. He can blame Amora. It all started when she was present.
Gosh, stymied good now. Tanya sighs, looking truly petulant.
"Alright, fine…I won't press. Although, just get ready. Someone's going to attempt to goose your ass one day in those pants." It's her duty as the infamous Black Mamba to warn him of such little bites that leave sting in their wake. "But look at the time. I'm going to turn into a pumpkin if I stay out any longer. Mr. Frost…"
And her olive-eyes, with that muted twinkle perpetually begging for a closer look, rake him again before returning to his face. "Have a nice night." No one should be able to make that sound as invitational as she does.
With that one last idle volley thrown his way, Bucky gets a smirk, a wink, and then a view of those hips which do not lie as she saunters away down the sidewalk.
It'll probably be Loki, supplies his brain. Bucky looks disgruntled, watching her until she's out of sight. That could've gone better.
_importedbuckysocialtanya


text:
Гюста́в Флобе́р (; 12 грудня 1821, Руан — 8 травня 1880, Круасе) — французький письменник. Автор романів «Пані Боварі» (1856) та «Саламбо» (1862). Флобер вплинув на літературу, привівши за собою до неї низку талановитих авторів, одним з яких був Гі де Мопассан.

Біографія

Молодість та освіта

Флобер народився 12 грудня 1821 у Руані, в регіоні Приморська Сена Королівстві Франція, що у Верхній Нормандії. Він був другим сином хірурга Ашиля-Клеофа Флобера (1784—1846), головного лікаря руанської лікарні, та Анн-Жустін Каролін Флобер (уродженої Елеріо) (1793—1872). Флобер розпочав творити у дуже ранньому віці, близько 8 років, як стверджують деякі джерела. Він навчався у своєму рідному місті, доки не залишив його для того, щоб вивчати право у Парижі.

У Парижі Флобер поставився до навчання байдуже. Йому дуже не сподобалось місто. У нього з'явилось декілька знайомих, серед яких був і Віктор Гюго. Наприкінці 1840 року Флобер мандрував Піренеями та Корсикою. У 1846 році, після нападу епілепсії, які відбувалися регулярно, він залишив навчання.

Особисте життя
Залишивши Париж, Флобер повернувся до маєтку Круасе і жив там із матір'ю. Її маленький будиночок на березі Сени став його прихистком на решту життя. Флобер так і не одружився, оскільки не хотів обтяжувати майбутню родину своєю хворобою. Він мав романтичні стосунки із поетесою Луїзою Коле (збереглося їх листування). Та розрив стосунків з нею змусив Флобера назавжди втратити потяг до романтики і шукати платонічного спілкування.

У 1846 Флобер подорожував Великою Британією у компанії Максима дю Кана, що залишався справжнім другом все життя письменника. У 1846—1850 Флобер здійснив довгу подорож до країн Середнього Сходу, а також відвідав Королівство Греція та Єгипетський еялет. У Бейруті письменник захворів на сифіліс. У 1850 році Флобер провів 5 тижнів у Константинополі, і після цього усамітнився у Круасе, лише зрідка навідуючись до Парижа та Лондона. Хоча 1858 року він відвідав Карфаген, аби продовжити дослідження Сходу задля «Саламбо».

Флобер був невтомним трудівником і часто скаржився у листах до своїх друзів на те, яка напружена у нього робота. Він був дуже близький із племінницею Каролін Комманвіл та вів дружнє листування із Жорж Санд. Зрідка відвідував паризьких знайомих, серед яких були Еміль Золя, Альфонс Доде, Іван Тургенєв, брати Едмон та Жуль де Гонкур.

1870-ті роки були дуже складними для письменника. Солдати прусської армії окупували його будиночок під час війни у 1870 та у 1872 роках. Згодом померла його мати. Флобер мав серйозні фінансові проблеми. Крім того, більшість свого життя він страждав від сифілісу. Його здоров'я значно погіршилось. 1880 року у віці 58 років Флобер помер від інсульту. Письменника поховали у сімейному склепі на кладовищі у Руані. Пам'ятник великому письменникові був урочисто відкритий у музеї Руана 1890 року.

Кар'єра письменника
Флобер хотів бути письменником з дитинства. У дев'ятирічному віці він перераховував романи, що хотів написати. Вів щоденник, у якому проявляється його критичне ставлення до суспільства, зокрема його саркастичний опис візиту короля.

У ранньому періоді 30-40 років знаходиться у полоні «несамовитого романтизму». Написав такі твори «Танок смерті», «Мрії в пеклі», «Записки безумця». У вересні 1849 Флобер закінчив першу версію роману «Спокуса Святого Антонія». Він читав роман вголос Луісу Буйє та Максиму дю Кану впродовж чотирьох днів, не дозволяючи їм переривати читання чи висловлювати свої думки, зауваження тощо. Наприкінці читання друзі порадили письменникові спалити рукопис у вогнищі і запропонували йому зосередитись на картинах повсякденного життя, а не на напівфантастичних постатях.

Після цієї першої спроби буде його найважливіша подорож: майже дворічна (жовтень 1849—літо 1851рр) поїздка на південь і схід. Тут він замислив роман, що став його дебютом і скандальним успіхом — «Мадам Боварі». Роман, написаний за 5 років, був виданий кількома випусками у «Рев'ю де Парі» 1856 року. Уряд жорстко розкритикував і письменника, і видавця, звинувачуючи їх у аморальності. Звинувачення лунали ще більше року, проте і Флобер, і видавець врешті були виправдані. Коли ж «Мадам Боварі» було видано книгою, читач її зустрів на подив дуже тепло.

У 1858 Флобер здійснив подорож до Карфагена, щоб зібрати достатньо матеріалів для наступного роману «Саламбо». Роман був закінчений у 1862 році після 4 років роботи. Наступна робота «Виховання почуттів» — це спроба автора змалювати власне дитинство, яка тривала 7 років. Зокрема, у романі описано європейські події 1848 року. Вона стала останнім романом письменника і була видана 1869 року.

Флобер написав драму «Претендент», щоправда, вона не мала успіху, та опублікував перероблену версію «Спокуси Святого Антонія» 1857 року. У 1877 році Флобер опублікував у журналах повісті «Просте серце», «Іродіада» та «Легенда про Святого Юліана Милостивого», написані у перервах між роботою над романом «Бувар та Пекюше», що залишився незакінченим.

Блискучий стиліст, що багато років відшліфовував свою майстерність, Флобер дуже сильно вплинув на літературу в цілому, привів у літературу низку талановитих авторів, серед яких був і Гі де Мопассан.

Твори

Пані Боварі

«Мадам Боварі» — це роман Гюстава Флобера про життя жінки, дружини лікаря Шарля Боварі Емми Боварі, яка мала позашлюбний зв'язок і намагалась жити поза межами свого статку аби уникнути заяложеності та нікчемності життя у провінції. Хоча основний сюжет твору досить простий, навіть архетиповий, справжня майстерність роману полягає в його деталях та прихованих стилях. Флобер був відомий як майстерний перфекціоніст щодо свого письма, та завжди стверджував, що його мета — це знайти «le mot juste» (). Особливістю твору є трактування фабульної основи сюжету. Він вважав, що немає сюжетів гарних і поганих, а все залежить від його розробки, глибини проникнення в предмет і досконалості його художнього вираження.

Перший роман Флобера має підзаголовок «Етюд провінційних звичаїв», в українському виданні перекладений Лукашем як «Побут провінції».

Роман, який з'явився у часописі «La Revue de Paris» між 1 жовтнем та 15 груднем 1856 року, читачі зустріли звинуваченнями автора у непристойності твору. У січні 1857 року відбувся горезвісний суд, на якому автора було виправдано 7 лютого того ж року. Після цього роман став бестселером, коли його видали книжкою у травні 1857 р. Тепер твір вважається не тільки взірцем реалізму, але й одним із найвпливовіших творів, що коли-небудь були створені.

У 2007 році було проведено опитування щодо довершеності творів сучасних авторів, результати якого наведені у виданні «The Top Ten». Роман «Мадам Боварі» було визнано другим найвидатнішим після роману Льва Толстого «Анна Кареніна» твором сучасності.

Саламбо
«Саламбо» — це історичний роман Гюстава Флобера, який з'явився у 1862 році. У ньому переплелись реальні та вигадані події. Дія роману відбувається напередодні повстання найманців проти Карфагену у ІІІ-му столітті до н. е. Роман мав успіх серед французьких читачів, вплинув навіть на модні тенденції в одязі.

Виховання почуттів
Наливайко Д. С. відзначає, що назва «Виховання почуттів» є калькою з російської, тоді як правильніше називати твір «Почуттєве виховання» чи «Сентиментальне виховання». Вийшов 1869 року і був поверненням до «буржуазної сучасності», але відсунутою у 30-40 роки XIX ст. в часи юності письменника.

Переклади українською

Легенда про святого Юліана Милосердного. З фр. пер. В. Сава. Львів, 1891.
Іродіяда. Переклав з фр. Михайло Грушевський. Львів, 1902.
Щире серце. Пер. з фр. Надія Кибальчич. Чернівці, 1914.
Легенда про св. Юліана Милосердного. З фр. пер. Надія Кибальчич. Чернівці, "Наука і розвага", 35с., 1914.
Салямбо. У 3 томах. Переклав Борис Чорний. Київ-Відень-Львів, "Чайка", 1924.
Ґюстав Фльобер. Твори в двох томах. — Книгоспілка, 1930.
 Том 1: Мадам Боварі (пер. Оксана Бублик-Гордон)
 Том 2: Салямбо (пер. Максим Рильський)

 Мадам Боварі. Переклав з фр. Микола Лукаш. Київ, Держлітвидав, 1955.
Проста душа. Переклав з фр. Михайло Гайдай. Київ, Держлітвидав, 1959.
Мадам Боварі. Переклав з фр. Микола Лукаш. Київ, Держлітвидав, 1961.
Саламбо. пер. з. фр. Дмитро Паламарчук.  – Київ: Дніпро, 1973 . – 262 с.

 Твори в двох томах. — Дніпро, 1987.
 Том 1: Мадам Боварі (пер. Микола Лукаш); Саламбо (пер. Дмитро Паламарчук)
 Том 2: Виховання почуттів (пер. Дмитро Паламарчук); Спокуса святого Антонія (пер. Ірина Сидоренко); Проста Душа (пер. Михайло Гайдай); Іродіада (пер. Ярема Кравець); Лексикон прописних істин (пер. Михайло Гайдай).

Див. також
 11379 Флобер — астероїд, названий на честь письменника.

Примітки

Література
 Флобер, або Невидиме // Володимир Єрмоленко. Далекі близькі. Есеї з філософії та літератури. – Львів: Видавництво Старого Лева, 2017, с. 123–146.

Посилання

Ґюстав Флобер. Наука і культура (Вип. 2. 15 березня 2019 р.)
 Encyclopedia com — Gustave Flaubert
 Гюстав Флобер у французькій базі фантастики
 Гюстав Флобер в «Енциклопедії фентезі» за редакцією Джона Клюта та Джона Гранта, 1997
 Флобер – відлюдник, що на боці мистецтва й проти сімейних цінностей // Читомо

Уродженці Руана
Флобер
Флобер
Флобер
Померли від інсульту
Люди на марках

redpajama_set_name: RedPajamaWikipedia


Mr. Bhan is responsible for Sales, Customer Care, Parts Business and Global Parts Center operations.
He is a Post Graduate in Management (MBA) from South Gujarat University. He joined the company in Jan 1991 in Sales function based out of Vadodara, looking after the state of Gujarat till 1994 post which he moved on to take charge of Maharashtra, as the state head.
He went on to Head East Zone based out of Kolkata in 1995 and later took up other key responsibilities as Head of West and North Zones, before starting the Rural Vertical in 2007 and eventually moving on to take over as the Marketing Head in 2008.
As Head of Marketing he was responsible for the successful launch of the new brand Hero, widely acknowledged as one of the most successful re-Branding exercises along with the hugely successful corporate campaign "Hum Mein Hai Hero".
Mr Bhan has over 2 decades of extensive automobile and two wheeler Industry expertise and an intimately deep understanding of consumers and insights across regions.
An avid sports person who loves football and cricket.
Prior to joining the Hero MotoCorp (then Hero Honda), he worked with Dunlop India Ltd.


Over the years, I've had plenty of shows to celebrate St. Patrick's Day. So many, in fact, that when I thought about putting together another Irish-themed show I was stumped. I just didn't have much to offer that I hadn't utilized on previous shows.
But there is a related topic that's pretty easy to put together (and I have more than once). Drinking!!! There's always new tracks that reference some sort of party lifestyle. So tonight's show is dedicated to all of the revellers that will be partaking this weekend...or any day or night, really.


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misc pentest tools.

redpajama_set_name: RedPajamaGithub