Fibrous dysplasia Ground glass, lucent or sclerotic matrix. Lesion within marrow, can be eccentric with sclerotic rim.
Image 3 Axial bone window of the pelvis showing femoral lesion with expansion of medullary cavity and ground glass matrix.
Post-contrast: Lesion demosntrates mild heterogeneous and/or solid enhancement on post-contrast imaging Mildly increased radionuclide uptake in fibrous dysplasia on technetium-99m methylene diphosphonate scan Fibrous dysplasia of proximal femur with classic shepherd's crook deformity. Arrows are pointing to multiple dysplastic fibrocartilaginous islands within expanded marrow cavity	 Myxofibrous tissue containing woven bony trabeculae Mazabraud xray. Majority of patients <30 years old. Mono and polyostotic forms. Associations with McCune Albright, Mazabraud, hyperthyroidism, hyperparathyroidism, acromegaly, diabetes mellitus, and Cushing's. Mazabraud syndrome is polyostotic fibrous dysplasia with intramuscular myxomas. Myxomas demonstrate iso-intense/low T1 and hyperinterintese T2 or STIR signal with minimal rim or no enhancement. McCune Albright is multi-focal, polyostotic fibrous dysplasia which usually involves the skull and is associated with precocious puberty.
Adamantinoma Elongated, multilocular lytic lesion with narrow zone of transition within the tibial marrow cavity with associated endosteal scalloping and cortical expansion. No periosteal reaction or violation of the cortex. Lesions very frequently involve the tibia and can simultaneously involve the fibula. Lesions can sometimes be centered in the anterior tibial cortex. Another example of an adamantinoma as a lucent lesion centered within the anterior tibial cortex. Adamantinoma manifest as an iso-intense T1 marrow signaled lesion Another example of an adamantinoma as a hyperintense STIR signal lesion centered within the anterior tibial cortex. Intense, nearly homogeneous, post contrast enhancement. Elongated, increased focal uptake on Tc-99m MDP scans. Lesion fills the medullary canal with expansion of the cortex and endosteal scalloping. Neoplastic epithelial cells surrounded by osteofibrous stroma. Rare low grade malignant lesion (<.5% of malignant bone lesions) of the tibia/fibula seen predominantly in 10-20 year olds. Longitudinal mixed lucent and sclerotic lesions in "soap bubble" pattern. Periosteal reaction in only ~15%. Narrow zone of transition. Synchronous lesions in fibula seen in 5-10%. Similar to osteofibrous dysplasia. Associated with extra copies of chromosomes 7,8,12,19, or 21.
Eosinophilic Granuloma Radiographic findings depend on stage of disease. Early lesions are lytic, ill-defined margins, periosteal reaction. Later lesions can be well defined with sclerotic rim and expansion/remodeling. Lytic lesions may contain a sequestrum. Skull lesions have "beveled" appearance with asymmetric involvement of tables of calvarium. Multiple lesions can coalesce to form a "geographic skull."
Vertebra Plana Manifest as a lytic, marrow lesion with ill-defined margins with possible periosteal reaction. Helpful in defining extent of osseous destruction and involvement of soft tissue.
Sequestrum can occur Hypointense marrow replacing lesion Hyperintense bone marrow replacing mass Variable lesional enhancement on postgadolinium Imaging. Increased uptake on Technetium-99m-MDP bone scans. ~65% sensitivity Proliferation of Langerhans histiocytes form granulomas with surrounding eosinophils and other inflammatory cells. "Birbeck" granules seen within the pathologic Langerhans cells. Typically pts <30. Predominantly involves flat bones including skull, ribs, pelvis. Long bones involved ~30% of time.
Enchondroma 1) Ring and arc matrix appearance in proximal humerus enchondroma with associated shallow endosteal scalloping.
Axial section through distal femoral enchondroma revealing chondroid matrix and shallow endosteal scalloping. CT can be helpful is discerning nature of chondroid matrix that is unclear or indeterminate on radiographs. Lobulated lesion with heterogeneous and predominantly intermediate signal with low signal areas representing mineralization Lobulated lesion with heterogeneous, predominantly high signal intensity (hyaline cartilage) with foci of hypointensity representing mineralization. Septal, nodular, and peripheral enhancement in lesion in proximal humerus. Enhancement pattern not useful in distinguishing from chondrosarcoma. Low grade uptake on Tc-99m MDP, less than the physiologic uptake seen in anterior iliac crest, as compared to chondrosarcomas which tend to display uptake greater than that seen at the anterior iliac crest. 1)Grayish lesions of the hand viewed at surgery.
2) Lobulated lesion in proximal humeral metaphysis (black asterisk) with surrounding regions of normal fatty marrow (white asterisks). Partly hyaline cartilaginous matrix, partly myxoid matrix bordering on preexisting bone. Well defined lytic lesions commonly found in hands and feet, metadiaphyses of long bones. Associated w/calcification in lesions outside of the hands and feet.
Mafucci syndrome: Enchondromas of the hands and feet manifest as well defined lytic osseous lesions without chondroid matrix. Often discussed in the context of multiple encondromatoses such as Mafucci syndrome (in association with soft tissue hemangiomas) and Ollier's disease. Maffuci sydrome with a reported higher rate of malignant transformation to chondrosarcoma than Ollier's. Enchondromas in the axial skeleton (not involving hands and feet) can be difficult to distinguish from low grade intramedullary chondrosarcomas. Enchondromas observed to exhibit a lesser depth of endosteal scalloping than low grade chondrosarcomas. Also, chondrosarcoma more commonly associated with cortical destruction, cortical remodeling, cortical thickening, pathologic fracture, and soft tissue extension than enchondroma. Suspicion for chondrosarcoma should be raised if the lesion increases in size and produces pain.
Giant Cell Tumor AP and lateral radiographs of the knee demosntrate an eccentrically located, lucent lesion in the distal femoral epiphysis of a skeletally mature patient with a narrow zone of transition and a nonsclerotic rim. Can display multiloculated appearance from prominent trabeculation.
Image 2 Axial CT of a giant cell tumor demosntrates extensive, expansile remodeling of bone with no internal mineralization in a distal femoral epiphyseal lesion. Intermediate signal mass replacing marrow in distal femoral epiphysis with soft tissue extension. Lobulated, heterogeneous, intermediate T2 signal characteristics of giant cell tumor may be related to hemosiderin and or increased cellularity or high collagen content. Multi-lobulated foci of increased T2 signal in this lesion may be related to secondary aneurysmal bone cyst formation. Pre-contrast: Solid enhancing hypervascular elements of GCT with peripherally enhancing elements around secondarily formed ABC.
Post-contrast: Solid enhancing hypervascular elements of GCT with peripherally enhancing elements around secondarily formed ABC. May display peripheral increased radiotracer uptake. Can see central photopenia-"donut sign" Subchondral mass at distal femoral epiphysis with hemorrhagic regions inferiorly and anterior extension into soft tissue. Large number of osteoclast Giant cells in a background of mononuclear cells. Accounts for 18-23% on benign bone neoplasms. No internal mineralization. Must meet four criteria: 1) closed epiphyses 2) meta-epiphyseal lesion that abuts the articular surface 3) eccentrically located 4) narrow zone of transition with nonscelrotic rim (though can have sclerotic rim in flat bones). Tumors are hypervascular and can see foci of hemorrhage in some modalities. Periosteal reaction is uncommon. Most common lesion associated with secondary aneurysmal bone cyst formation.
Nonossifying fibroma Smoothly marginated, cortically based, lucent lesion of distal femoral metaphysis or diaphysis with sclerotic rim and no periosteal reaction. Lesion can appear lucent early on and sclerotic during "burnt out phase"
Image 2 Findings on CT mimic the radiographic findings. This is an atypically large non-ossifying fibroma centered on the cortex of the anterior femoral diaphysis.
Image 2 Cortically based, intermediate intensity lesion surrounded by low intensity sclerosis. Low intensity sclerosis surrounding variable intensity, cortically based lesion determined by relative amounts of fibrous tissue, collagen, foamy histiocytes, sclerosis. More often hypointense than hyperintense. Often displays avid enhancement. Shows mild enhancement in this image. Increased uptake on technetium-99m-MDP bone scans. Also displays FDG-PET avidity, but with lower SUV than malignant lesions. Also known as fibroxanthoma or fibrous cortical defect when less than 3cm. Most common benign fibrous tumor of bone. Seen most commonly in skeletally immature patients in metaphyses of long bones. Cortically based lesions with thin rim of sclerosis, scalloped borders, and no periosteal reaction. Natural course is involution with progressive sclerosis.
Image 2 CT of same lesion - more accurately displays well defined lucent lesion with osteoid central nidus.
Image 2 Expansile type osteoblastoma: low to intermediate signal on T1 weighted images. Intermediate to high signal with edema surrounding the peripheral hypointensity rim of sclerosis. Central low signal intensity represents the osteoid matrix. Can demonstrate variable degrees of enhancement with solid central or mild peripheral enhancement. Focal increased radiotracer uptake on bone scan. Expansile, lobulated mass with whitish tissue representing osseous matrix. Interconnecting trabecular bone and fibrovascular stroma - less organized than with steoid osteoma. Histologically similar to osteoid osteoma but with differing clinical presentation of dull localized pain. Majority occur in young adults in 2nd-3rd decade with 30-40% occurring in spine with equal distibution in cervical, thoracic and lumbar regions. Commonly involves the posterior elements, sometimes extending into vertebral body. Typically greater than 1.5-2.0 cm in size (as opposed to osteoid osteoma which tends to be less than 2.0 cm). Lesions may display central lucency/nidus greater than 1.5cm (osteoid osteoma nidus tends to be less than 1.5cm). Aneurysmal Bone Cyst component can be seen in 10-15%.
Aneurysmal Bone Cyst Four radiographic stages of aneurysmal bone cyst: 1) Initial phase- well defined lytic lesion. 2) Growth phase- purely lytic lesion with ill-defined margins. 3) Stabilization- "soap bubble" appearance from development of osseous shell. 4) Healing. Well-defined lytic lesion with internal septations and cortical breakthrough. Well-defined lesion with internal septation and may display fluid-fluid levels. Foci of hyperintensity from blood products. Low signal rim from intact, thickened periosteal rim. Multiloculated cystic structure with fluid-fluid levels with heterogeneous intensity from evolving blood products with predominantly areas of hyperintensity. Low intensity rim from intact and thickened periosteal rim. Smooth, peripheral and internal septation enhancement. Enhancement of other solid components may indicate association with a preexisting lesion. Moderate to intense peripheral uptake with central photopenia-"donut sign" (~64% of cases-but not specific as seen in GCT, telangiectatic osteosarcoma, and chondrosarcoma). Lesion with multiple blood-filled spaces. Blood filled cystic spaces separated by spindle cell stroma containing osteoclast-like giant cells and osteoid. Mineralized chondroid-like matrix found in one third of cases. Rare benign bone lesion (1.4-2.3% of primary bone tumors) predominantly in 5-20 year old patients. Spinal involvement in 3-20%. Usually involves the posterior elements with extension into adjacent vertebra, disks, ribs, and soft tissue. May be the result of traumatic subperiosteal hemmorhage, osseous vascular disturbance, or bleeding into a preexisting lesion (29-35%). Most common preexisting lesion associated with is giant cell tumor. Also, commonly seen with osteoblastoma, chondroblastoma, and angioma.
Solitary/Unicameral Bone Cyst Lucent, expansile lesion in distal femoral metadiaphysis with associated "fallen fragment" sign indicating pathologic fracture and pathognomonic for simple bone cyst. Axial section through distal femoral metaphysis displaying expansile lucent lesion with mixed cystic and soft tissue elements. T1 weighted images display mixed fat and cystic elements with iso-intense T1 signal intensity Bright T2 signal with daughter cysts in a proximal humerus metadiaphyseal lesion Bright T2 signal with daughter cysts in a proximal humerus metadiaphyseal lesion Lucent, fluid filled lesion usually seen in metaphyses of long bones in teenage males. Also seen in pelvis and axial skeleton. Associated with "fallen fragment" sign (bone fragment within cyst) associated with pathologic fractures.
Image 2 Well-defined lucent, expansile lesion. Healing lesions may appear sclerotic.
Image 2 Lesions are bright and well defined on T2 weighted images. Notice the dark marrow signal in this patient with renal osteodystrophy. Seen in the setting of hyperparathyroidism-more commonly with primary than with secondary. Elevated PTH causes increased osteoclast replacement of bone with fibrovascular tissue causing lytic lesions. Usually accompanied by other signs of hyperparathyroidism including subperiosteal bone resorption and periosteal reaction.
Chondromyxoid fibroma Lytic lesion, eccentrically positioned in metaphysis oriented along long axis of bone. Cartilaginous matrix rarely seen Axial section through tibial diaphysis demonstrating a well-defined, expansile, lytic lesion without periosteal reaction. Lesions are well defined, usually cortical based in long bones and demonstrate isointense T1 signal intensity. Lesions are hyperintense on T2 weighted images will mild surrounding soft tissue edema. No marrow edema is noted. Chondroid, fibrous, and myxoid tissue mixture. Eccentrically located metaphyseal lytic lesion without periosteal reaction seen in 20-30 year old patients. Oriented along long axis of bone. ~80% in long bones and majority occur in femur/tibia. Similar to NOF but can extend into epiphysis. Cartilaginous lesion but cartilaginous matrix rarely seen.
Infection/Osteomyelitis Lytic lesions with high degree of variability in aggressiveneness of appearance. Plain film findings usually lag behind clinical findings. Earliest changes include soft tissue edema. Later see focal areas of intraosseouslucency eventually becoming confluent, corresonding to regions of bone destruction. Sequestra appear as sclerotic regions of dead bone. Images: 1) Lytic lesion in distal femoral diaphysis with associated sequestrum (differential diagnosis for sequestrum includes: Osteomyelitis, fibrosarcoma, lymphoma, EG).
2) Brodie's abscess Sequestrum seen within cortex of focus of infection in distal diaphysis of left femur. Ill defined regions of decreased T1 marrow signal. Image shows low T1 signal intensity in the marrow of the first metatarsal stump in a diabetic patient status post amputation. Short arrows demonstrate periosteal reaction, curved arrow demonstrates abscess formation. Long straight arrow at distal second metatarsophalangeal joint demonstrating a focus of septic arthritis.
Brodie's abscess 1) High T2 signal within marrow with high signal sequestrum seen within cortex of distal femoral diaphysis.
2) Brodie's abscess Solid enhancement of phlegmonous change with peripheral enhancement around abscess. Image shows a distal fibular subperiosteal abscess.
Brodie's abscess Triple phase technetium-99m MDP bone scan combined with Indium-111 labeled WBC (for appendicular skeleton) or Gallium-67 (for spinal infection) is highly sensitive for detecting early osteomyelitis when plain film findings have not yet become apparent. Findings include increased uptake on blood flow, blood pool, and delayed/bone phases of bone scan with increased uptake on Indium-111 WBC scan. Increased uptake on the first two phases indicates hyperemia, increased uptake on the third phase localizes the inflammation to bone, and increased uptake of Indium labeled WBCs increases specificity further for osteomyelitis as conditions with high bone turnover including tumor, joint neuropathy, and fracture can mimic osteomyelitis on the first three phases. Most common in children via hematogenous dissemination to bone (epiphyses in neonates, metaphysis in older children due to differing vascular localizations at different ages) with centrifugal spread of changes first involving marrow-cortex-periosteum-soft tissue. In adults, most commonly via spread of adjacent soft tissue infection, thus changes are centripetal in sequence first involving periosteum, cortex, then marrow. Findings can include: sequestra - regions of devitalized cortical bone surrounded by normal bone. Involucra - regions of periosteal thickening surrounding dead/infected bone. Cloaca - an opening in involucrum allowing drainage of pus from sequestrum and other reagions of infected bones. Sinus tracts- drainage pathways from infected bone to skin surface. Brodie's Abscesses-seen in subacute/chronic infections involving organisms of low virulence resulting in localized areas of walled-off infection with peripheral sclerosis and central lucency.
Multiple Myeloma Radiographic bone survey remains mainstay of diagnostic workup. Findings in ~75% of myeloma patients with ~50% bone destruction necessary for detection on xray. 4 main forms: 1) Solitary lesion (plasmacytoma-typically in ribs, pelvis, spine, skull, sternum, proximal extremities), 2) Diffuse lesions (myelomatosis-lytic lesions with well-defined margins of uniform size- may coalesce into larger areas of destruction. Typically subcortical/ eccentric in location and ellipsoid in shape), 3) Diffuse osteopenia (most pronounced in spine with associated compression fractures), 4) sclerotic (associated with POEMS syndrome- Polyneuropathy, Organomegaly, Endocrinopathy, Myeloma (sclerotic), Skin changes).
4) Plasmacytoma in rib Punched-out lytic lesions, expansile lesions with soft tissue masses, diffuse osteopenia, fractures, and osteosclerosis (rarely). Useful adjunct to plain films and MR in defining and biopsying lytic and sclerotic lesions.
2) Transpedicular biopy approach of lytic myeloma lesion in T9 vertebral body. Good in demonstrating degree of marrow involvement with improved characterization of spacial relationship with and compression of soft tissue structures. Plasmacytomas are generally hypointense lesions within surrounding normal hyperintense fatty marrow. Diffuse disease often manifests as diffusely hypointense marrow signal compared to intervertebral disks or muscle. Sagittal images of normal marrow (top), diffuse myeloma (middle) with homogeneous infiltrative disease, and (bottom)heterogeneous marrow infiltration. Focal lesions are hyperintense relative to marrow on STIR while diffuse disease manifests as diffusely hyperintense marrow signal compared to muscle. Images: 1) Multiple plasmacytomas within vertebral bodies and posterior elements of thoracic spine with cord compression.
2) Sagittal images of normal (top) marrow, diffuse myeloma (middle) with homogeneous infiltrative disease, and (bottom)heterogeneous marrow infiltration.
3) Myeloma on T2 FS Enhancement seen in both focal and diffuse forms of disease. Enhancement may be homogeneous or heterogeneous depending upon degree of marrow infiltration. Sagittal image of normal marrow (top), diffuse myeloma (middle) with homogeneous infiltrative disease, and (bottom) with heterogeneous marrow infiltration Bone scanning agents rely on osteoblastic activity in lesions, and thus are not sensitive in detecting osteolytic lesions of myeloma unless associated with pathologic fractures with resultant increased reparative osteoblastic activity. Gallium-67 citrate, Thallium-201 chloride, Technetium-99m Sestamibi, and Flourine-18 FDG PET accumulate in lytic lesions with good sensitivity. FDG PET images before and after therapy. Well-defined subpleural lesion with associated periosteal reaction of adjacent rib Hematologic malignancy of terminally differentiated B lymphocytes into plasma cells of monoclonal origin. Should be on differential for lytic lesions in patients greater than 40 years old (median age 65, 3% in pts less than 40). More common in males and African Americans. Lytic bone/soft tissue lesions, renal failure, anemia, hypercalcemia.
Metastases Nonspecific lytic lesion which may have aggressive or non-aggressive features. This image shows an expansile lytic lesion within the cortex of the tibia in a patient with a history of RCC.
Additional met on CT Metastatic disease on T1 In general, mixed T2 intensity lesions with some element of increased T2 signal. This sagittal STIR image through a proximal tibial metastatic RCC lesion shows diffuse T2 hyperintensity within the lesion. Purely lytic lesions will show no uptake on bone scans unless there is an element of reactive osteoblastic activity. In this case of lytic metastatic RCC, bone scintigraphy shows diffuse radiotracer uptake in a metastatic lesion in proximal tibia indicating increased osteoblastic activity in the region. Resected proximal tibia with hemorrhagic and lytic metastatic focus. Corresponds to pathology of primary tumor. This image demonstrates a focus of metastatic lytic renal cell carcinoma. Must be included on differential for patients older than 40 years old with lytic lesion regardless of whether lesion appears aggressive or not. Most common primaries include Breast, Lung, Thyroid, Kidney, Prostate. Most common lytic metastases include breast, lung, renal, thyroid, colon and (in children) neuroblastoma. Breast and lung have both lytic and sclerotic metastases. Prostate cancer usually associated with sclerotic metastases.


As Vice President of Revenue & Resource Optimization, Karen oversees Advito's client assignments, understanding and aligning each engagement with the right consulting team. A member of the leadership team, she's responsible for internal training programs, keeping consultants up to speed on the latest tools and technology so they're always prepared to provide exceptional client value.
With more than 25 years of experience in the travel industry, Karen's previous roles include leadership positions in audit, controlling, client pricing and financial analysis. Before her role at Advito, she served as a director of client pricing for BCD Travel, managing the pricing for large multinational bids.
Karen received a Bachelor of Business Administration in accounting at Texas A&M University, a Master of Business Administration from the University of Houston and she holds a CPA designation.


Last month we emphasized the worst scenarios which could take place as the Hudson River Park starts to sell air rights.
Andrew Berman, Executive Director of the Greenwich Village Society for Historic Preservation, noted that the legislation—passed at the end of 2013 without any notification to the affected communities—allows the transfer of potentially millions of square feet of air rights from the Hudson River Park for additional development along four miles of shoreland one block inland.
This could take place in a thoughtful, intelligent way which will beautify and complement the edge of our waterfront park if the City Planning Commission plans appropriately and reaches out to get the community excited and involved.
Madelyn Wils, President and CEO of the Hudson River Park Trust, compares this district to the West Chelsea Special District—which preserves the High Line by allowing transfer of its air rights to properties in a carefully defined area surrounding it, including those along the Hudson River Park.
None of this can happen until, according to a spokesperson for the City Planning Department, "the development and adoption of a new zoning framework to allow transfers of unused development rights from the park to sites across route 9A [West Street]." Madelyn Wils has indicated that she would transfer such rights only from commercial piers, but that is speculation on her part since the local zoning law defining sending and receiving areas has not been drafted, much less passed.
At any rate, the existing piers with their enclosed sheds have virtually no rights to sell. The piers and platforms would have to be removed. Since they are a source of income for the Trust, that would be shooting itself in the foot. However, there are well over five hundred acres of "land under water" from the bulkhead line out eight hundred feet to the pier head line—provided there is a market for those "unused development rights." A diagram in the Zoning Manual makes this concept clear.
The concept of salable "land under water" in NYC stems from the passing of the 1686 Donegan charter introduced by the second English governor, Thomas Donegan. It made underwater land into a form of property which could be bought and sold to provide docks and warehouses, and led to the creation of the M2-3 district to create piers where the park now sits. The Trust can thank Governor Donegan for its largess.
The four mile strip of inboard land to whose owners the Trust will turn to make deals already has millions of square feet of unused development rights permitting high rise buildings. At 59th Street, Douglas Durst is already building a 700 unit, one million square foot building designed by Bjarke Ingels Ground without purchasing development rights—it will rise like a shoe pointed toward the Hudson from a one story toe to a thirty-two story heel sloping around green gardens to the ground.
The City Planning Commission plays a crucial role in deciding how this four mile park boundary should develop—like Trump's Riverside South or Richard Meier's three buildings on Charles Lane? I believe the latter should be the model for Chelsea, the West Village, NOHO and SOHO, perhaps with occasional taller skinny accents at appropriate junctures.
It is time for City Planning to plan, to model their vision, locate sending and receiving sites and excite the community in the way the Friends of the High Line did at their beginning.


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Podcast: Talking cycling with Team Active's Mike Wood
Store founder is featured guest on Most Valuable Podcaster; Travis Tekiele talks about his love of running
Podcast: Talking cycling with Team Active's Mike Wood Store founder is featured guest on Most Valuable Podcaster; Travis Tekiele talks about his love of running Check out this story on battlecreekenquirer.com: https://bcene.ws/1RWHmCR
Nick Buckley, Battle Creek Enquirer Published 3:46 p.m. ET Oct. 21, 2015 | Updated 3:55 p.m. ET Oct. 21, 2015
Store founder is featured guest on Most Valuable Podcaster; Travis Tekiele talks about his passion for running
Team Active founder, Mike Wood, talks about the future of Team Active.(Photo: The Enquirer)
The first cycling club was organized in Battle Creek back in 1882.
Today, the local cycling community remains alive and strong, thanks in large part to Team Active Cycling and Fitness, a business located in the heart of downtown Battle Creek.
In the latest episode of Most Valuable Podcaster, Team Active founder Mike Wood discussed what the area cycling scene has to offer for riders of all experience levels.
"We're very blessed in all of Southwest Michigan to have lots of opportunities and lots of places to ride for all levels of cyclists," Wood said. "From the country roads, to our Linear Park connecting up to the Kal-Haven Trail - which eventually will go all the way state-to-state - to the mountain bike trails at Ft. Custer. people come from all over the Midwest to ride there. So we really have it all. The only thing we don't have is big huge mountains."
BATTLE CREEK ENQUIRER
GoPro: Cycling at Ft. Custer
A Jackson, Mich. native, Wood ran track and cross country at Oklahoma State and returned to the area upon graduation, opening up Team Active in 1986 before the business moved downtown in 1992.
"My first good bicycle was a Schwinn Typhoon, Christmas 1969," Wood said. "Everyone has their bicycle story when they were a kid… The bicycle was always a big part of my life - that first bit of freedom, my first transportation."
Team Active Cycling and Fitness
Mike Wood, founder of Team Active, on a ride. The Enquirer
Team Active founder, Mike Wood, talks about the future of Team Active. The Enquirer
One of the groups rides organized by Team Active. Al Lassen/For the Enquirer
The Team Active van sits in front of the mural located on the back of of the building in downtown. Nick Buckley/The Enquirer
Riders do some stationary spinning inside Team Active. The Enquirer
Also on the podcast is Battle Creek Enquirer sports reporter Travis Tekiele, who recently completed the 2015 Detroit Free Press Half Marathon. During the race, he strapped on a GoPro to show off some of the views of Detroit.
"Definitely the coolest race I've done in terms of views," Tekiele said. "We ran over the Ambassador Bridge to Canada. Awesome view of the Detroit skyline as you run along the river in Canada then back through the tunnel. Just awesome views of Detroit and a great way to see Detroit that a lot of people don't get to see."
GoPro: Running the Detroit Half Marathon
A graduate of Albion College where he competed in cross country, Tekiele and his father began a pact in November 2013 to run at least one mile per day.
Travis Tekiele (Photo: Provided)
"My dad sent me this article that was a running challenge from Runner's World Magazine that said, run one mile a day from Thanksgiving day to New Years day. So just 35 days," Tekiele said. "Most people aren't running, it's cold outside, they don't want to run, it's the holiday season… We did that one mile a day for 35 days, and when we got done with that, we just said, 'Let's keep going.'
"We got to 100 days, thought we might as well keep going. Got to a year, thought we might as well keep it going. To this day, I think it's coming up on 700 days in a row now."
Check out some of the other podcasts offered by the Battle Creek Enquirer at soundcloud.com/enquirerpodcasting
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redpajama_set_name: RedPajamaCommonCrawl


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Mayor Turner calls for larger supply of COVID-19 vaccine in Houston
in Supplies
HOUSTON – The city of Houston is preparing for the mass distribution of the COVID-19 vaccine but says it need a bigger supply.
While the Houston Health Department organizes logistics staffing and support, Mayor Sylvester Turner said the supply of the vaccine is the only thing the city cannot control.
"We just haven't been able to get more supply and the supply as you know comes from the CDC, down to the state, and then to us," Turner said during a press conference on Thursday afternoon.
Turner said the state is expected to provide more doses of the vaccine next week. Yet, the volume is below what the city needs for mass distribution.
The ultimate goal is to vaccine more than 5,000 people per day at each of the city's supersite vaccine locations, according to Turner. The city is currently vaccinating about 1,000 people a day at one location.
To date, Houston has received more than 8,100 doses of the COVID-19 vaccine, according to the mayor.
COVID-19 vaccines are free to all and currently available for those who meet the Phase 1A and 1B criteria. Appointments are required and based on the availability of the vaccine.
Officials said all of the city's COVID-19 vaccine appointments for this weekend have been filled.
"As we get more, we can do more," Turner said.
The vaccine is working, according to Dr. David Persse of the Houston Health Department. Of the nearly 1.9 million doses of the Pfizer vaccine distributed, there were 21 cases of allergic reaction and no reported deaths.
"The risk of the vaccine is very very low. We having increasing risk but we need to do all the things we're doing and just remain diligent," he said.
Houston officials also discussed the recent finding of the COVID-19 variant in Harris County. The variant, which was first seen in the United Kingdom, is considered more contiguous but doesn't appear to make people sicker.
It is likely that the Harris County case, which is described as an adult male that lives in southwest Harris County with no travel history, is a result of community spread.
"This person was probably infected here in the local area," Persse said.
Persse said it's not surprising that the variant showed up in Houston, but urged residents not to overreact.
"We need to continue those things that are going to protect us: mask up, wash your hands and just stay (home)," he said.
Copyright 2021 by KPRC Click2Houston – All rights reserved.
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IN RE: TRANSWEST RESORT PROPERTIES
United States Court of Appeals, Ninth Circuit.
IN RE: TRANSWEST RESORT PROPERTIES, INC., Debtor, JPMCC 2007-C1 Grasslawn Lodging, LLC, Appellant, v. Transwest Resort Properties Incorporated; SWVP La Paloma LLC; SWVP Hilton Head LLC, Appellees.
No. 16-16221
Before: J. CLIFFORD WALLACE, MILAN D. SMITH, JR., and MICHELLE T. FRIEDLAND, Circuit Judges. David M. Neff (argued) and Eric E. Walker, Perkins Coie LLP, Chicago, Illinois; Dean C. Waldt, Ballard Spahr LLP, Phoenix, Arizona; for Appellant. Donald A. English (argued) and Christy I. Yee, English & Gloven APC, San Diego, California; Susan G. Boswell and Brad D. Terry, Quarles & Brady LLP, Tucson, Arizona; for Appellees.
JPMCC 2007-C1 Grasslawn Lodging, LLC (Lender) objected to the Chapter 11 plan of five related entities (collectively, Debtors) who previously acquired two hotels. Despite these objections, the bankruptcy court approved a "cramdown" reorganization plan. The Lender appealed to the district court, but the district court concluded that the Lender's appeal was equitably moot. In 2015, we reversed the district court's equitable mootness determination, and remanded to the district court for consideration of the Lender's appeal on the merits. See In re Transwest Resort Props., Inc., 801 F.3d 1161 (9th Cir. 2015) (Transwest I ).
On remand, the district court evaluated the merits of the Lender's appeal, and concluded that (1) an election under 11 U.S.C. § 1111(b)(2) does not require that a Chapter 11 plan contain a due-on-sale clause; and (2) 11 U.S.C. § 1129(a)(10) applies on a "per plan," not a "per debtor," basis. This appeal is limited to the construction of 11 U.S.C. § 1111(b)(2) and 11 U.S.C. § 1129(a)(10).1 Based on the plain language of both statutory sections, we affirm.
FACTUAL AND PROCEDURAL BACKGROUND
In 2007, the Debtors acquired the Westin Hilton Head Resort and Spa and the Westin La Paloma Resort and Country Club (collectively, the Resorts). The Debtors were composed of: Transwest Hilton Head Property, LLC, and Transwest Tucson Property, LLC (Operating Debtors); Transwest Hilton Head II, LLC, and Transwest Tucson II, LLC (Mezzanine Debtors); and Transwest Resort Properties, Inc. (Holding Company Debtor). The Holding Company Debtor was the sole owner of the Mezzanine Debtors. The Mezzanine Debtors were, in turn, the sole owners of the two Operating Debtors, who owned and operated the Resorts. The acquisitions were financed by (1) a $209 million mortgage loan to the Operating Debtors from the Lender, secured by the Resorts (the Operating Loan); and (2) a $21.5 million loan from Ashford Hospitality Finance, LP (Mezzanine Lender), secured by the Mezzanine Debtors' interests in the Operating Debtors (the Mezzanine Loan).
In 2010, the Debtors filed for Chapter 11 bankruptcy. The five cases involved were jointly administered, but not substantively consolidated.2 The Lender filed a claim in the bankruptcy proceeding for $298 million, based on the Operating Loan. The Mezzanine Lender filed a $39 million claim based on the Mezzanine Loan. The Lender subsequently acquired this claim from the Mezzanine Lender.
The Debtors filed a joint Chapter 11 reorganization plan (the Plan), whereby third-party investor Southwest Value Partners would acquire the Operating Debtors for $30 million, thereby extinguishing the Mezzanine Debtors' ownership interest in the Operating Debtors.
The Lender, whose claim was undersecured, elected to have its entire claim treated as secured pursuant to 11 U.S.C. § 1111(b)(2). The Plan restructured the Lender's loan to a term of 21 years, and required monthly interest payments, and a balloon principal payment at the end of the term. The Plan included a due-on-sale clause requiring the Debtors to pay the Lender the outstanding balance of the restructured loan in the event the Resorts were sold. However, the due-on-sale clause did not apply if the Debtors were to sell the Resorts between Plan years five and fifteen. The Lender voted against the Plan. Several other impaired classes voted to approve the Plan.
The Lender objected to two aspects of the Plan.3 First, the Lender objected to the ten-year exception in the due-on-sale clause. It contended that the exception in the due-on-sale clause would allow the Debtors to partially negate the benefit of the Lender's section 1111(b)(2) election. Second, the Lender asserted that section 1129(a)(10), which requires that at least one impaired class accept the Plan, applies on a "per debtor," not a "per plan," basis. Because the Lender is the only class member for the Mezzanine Debtors and did not vote to approve the Plan, the Lender argued that the Plan did not satisfy section 1129(a)(10). Despite the Lender's objections, the bankruptcy court approved the Plan.
Following an unsuccessful emergency motion for a stay pending appeal, the district court dismissed the Lender's appeal as equitably moot. In 2015, we reversed this dismissal and remanded to the district court with instructions to evaluate the Lender's objections on the merits. Transwest I, 801 F.3d at 1173. On remand, the district court ruled that an election under section 1111(b)(2) does not require that a due-on-sale clause be included in the Plan, and that section 1129(a)(10) applies on a "per plan" basis. The district court thereby affirmed the bankruptcy court's confirmation of the Plan. The Lender timely appealed to our court.
JURISDICTION AND STANDARD OF REVIEW
We have jurisdiction over this appeal pursuant to 28 U.S.C. § 158(d)(1). Because the Lender appeals from the district court's conclusions of law and interpretations of the Bankruptcy Code, we review de novo. See Smith v. Arthur Andersen LLP, 421 F.3d 989, 1006 (9th Cir. 2005); In re Barakat, 99 F.3d 1520, 1523 (9th Cir. 1996).
I. 11 U.S.C. § 1111(b)
The Lender first challenges the district court's conclusion that a due-on-sale clause need not be included in the Plan when an undersecured creditor elects to have its claim treated as secured pursuant to section 1111(b)(2). This section must be read in context. Pursuant to section 506(a), an undersecured creditor's claim is bifurcated into: (1) "a secured claim equal to the value of the collateral" and (2) "an unsecured claim equal to the remainder of the obligation owing to the creditor as of the petition date." In re Weinstein, 227 B.R. 284, 291–92 (9th Cir. B.A.P. 1998). The undersecured creditor may elect to have its entire claim treated as secured pursuant to section 1111(b)(2). Id. at 293; see 11 U.S.C. § 1111(b)(2). The effect of such an election is that the undersecured creditor obtains certain benefits reserved for secured, but not unsecured, creditors. See, e.g., 11 U.S.C. § 1129(b)(2)(A)–(B) (distinguishing between the "fair and equitable" requirements for secured and unsecured claims). The Lender contends that the absence of a due-on-sale clause covering sales of the Resorts occurring between years five and fifteen of the loan term partially diminishes the benefits of its section 1111(b)(2) election, thereby violating section 1111(b)(2).
"The starting point for our interpretation of a statute is always its language." United States v. Fei Ye, 436 F.3d 1117, 1120 (9th Cir. 2006) (quoting Cmty. for Creative Non–Violence v. Reid, 490 U.S. 730, 739, 109 S.Ct. 2166, 104 L.Ed.2d 811 (1989) ). We must consider "the language itself, the specific context in which that language is used, and the broader context of the statute as a whole." Robinson v. Shell Oil Co., 519 U.S. 337, 341, 117 S.Ct. 843, 136 L.Ed.2d 808 (1997); see also King v. Burwell, ––– U.S. ––––, 135 S.Ct. 2480, 2489, 192 L.Ed.2d 483 (2015) ("[W]hen deciding whether the language is plain, we must read the words 'in their context and with a view to their place in the overall statutory scheme.' " (citation omitted) ). Only where the statutory text is ambiguous do we "look to other interpretive tools, including the legislative history," in order to determine the statute's meaning. See Exxon Mobil Corp. v. Allapattah Servs., Inc., 545 U.S. 546, 567, 125 S.Ct. 2611, 162 L.Ed.2d 502 (2005).
Section 1111(b) provides, in pertinent part:
(1)(A) A claim secured by a lien on property of the estate shall be allowed or disallowed under section 502 of this title the same as if the holder of such claim had recourse against the debtor on account of such claim, whether or not such holder has such recourse, unless—
(i) the class of which such claim is a party elects, by at least two-thirds in amount and more than half in number of allowed claims of such class, application of paragraph (2) of this subsection;
(2) If such an election is made, then notwithstanding section 506(a) of this title, such claim is a secured claim to the extent that such claim is allowed.
11 U.S.C. § 1111(b). The Lender's position that section 1111(b)(2) requires a due-on-sale clause to be included in the Plan finds no support in the text of the statute, nor does the language of the statute implicitly require the inclusion of such a clause.
The broader statutory context of Chapter 11 further undermines the Lender's position. Section 1123 describes the required contents of a Chapter 11 plan. See 11 U.S.C. § 1123. Nothing in section 1123 requires the inclusion of a due-on-sale clause in a plan, let alone following a section 1111(b)(2) election. Instead, section 1123(b)(5) indicates that a plan may "modify the rights of holders of secured claims." This would include the ability to determine whether to include a due-on-sale clause in the documentation of any secured creditors' claims. Further, section 1129(b)(2)(A)(i)(I) requires that in order for a plan to be fair and equitable, the holder of a claim must retain the lien securing that claim even when "the property subject to such liens is ․ transferred to another entity." Thus, the statute expressly allows a debtor to sell the collateral to another entity so long as the creditor retains the lien securing its claim, yet the statute does not mention any due-on-sale requirement, further undermining the Lender's position that a due-on-sale clause must be included in the Plan.
Our conclusion is consistent with the reasoning of the Seventh Circuit in In re Airadigm Commc'ns, Inc., 519 F.3d 640 (7th Cir. 2008). There, FCC regulations required that, under certain circumstances, a due-on-sale clause be included in the documentation when a licensee transfers a license to a non-qualifying entity. Id. at 653. A licensee filed a reorganization plan, which a bankruptcy court approved even though it did not contain a due-on-sale clause. Id. at 646. The FCC objected to the plan because it "did not keep the FCC's due-on-sale rights." Id. at 646, 653. While the FCC did not make an election under section 1111(b), the Seventh Circuit concluded that a due-on-sale provision was not a "lien that the bankruptcy court had to 'retain' in order to approve the plan pursuant to § 1129." Id. at 654. Instead, the provision is merely a mechanism "regarding the terms of payment for the debt." Id. at 655. The same reasoning applies in this case—a due-on-sale clause is a mechanism regarding the terms of payment of a debt, not a substantive right of creditors making an election pursuant to section 1111(b)(2).
Neither the plain language of section 1111(b)(2) nor the broader context of Chapter 11 requires that a plan involving an electing creditor contain a due-on-sale clause. We need not address the Lender's remaining arguments because the statutory text renders the Lender's other arguments meritless. See Satterfield v. Simon & Schuster, Inc., 569 F.3d 946, 951 (9th Cir. 2009). We therefore hold that section 1111(b)(2) does not require that a plan involving an electing creditor contain a due-on-sale clause.4
II. 11 U.S.C. § 1129(a)(10)
The Lender next challenges the district court's conclusion that section 1129(a)(10) applies on a "per plan" basis. Generally, a bankruptcy court may confirm a plan only if each class of impaired creditors consents. 11 U.S.C. § 1129(a)(8). However, in certain instances, a plan proponent can confirm a "cramdown" Chapter 11 plan over the objections of one or more of the creditors. RadLAX Gateway Hotel, LLC v. Amalgamated Bank, 566 U.S. 639, 641–42, 132 S.Ct. 2065, 182 L.Ed.2d 967 (2012); see 11 U.S.C. § 1129(b). Section 1129 lists the requirements for approval of a cramdown plan, and "contains a number of safeguards for secured creditors who could be negatively impacted by a debtor's reorganization plan." In re The Vill. at Lakeridge, LLC, 814 F.3d 993, 1000 (9th Cir. 2016). One such safeguard is in section 1129(a)(10), which requires that at least one impaired creditor has accepted the plan. See 11 U.S.C. § 1129(a)(10).
According to the Lender, a complication arises when there is a jointly administered plan consisting of multiple debtors. The Lender argues that in such a situation, a "per debtor" approach that requires plan approval from at least one impaired creditor for each debtor involved in the plan is necessary. In contrast, the Debtors argue that the plain language of the statute contemplates a "per plan" approach in which a plan only requires approval from one impaired creditor for any debtor involved. As a matter of first impression among the circuit courts, we hold that section 1129(a)(10) applies on a "per plan" basis.
As with section 1111(b)(2), we begin our analysis of section 1129(a)(10) with its plain language. See In re HP Inkjet Printer Litig., 716 F.3d 1173, 1180 (9th Cir. 2013). Section 1129(a) provides that a court may confirm a plan only if a number of requirements are met. Section 1129(a)(10) details one such requirement: "If a class of claims is impaired under the plan, at least one class of claims that is impaired under the plan has accepted the plan, determined without including any acceptance of the plan by any insider." 11 U.S.C. § 1129(a)(10).
The plain language of the statute supports the "per plan" approach. Section 1129(a)(10) requires that one impaired class "under the plan" approve "the plan." It makes no distinction concerning or reference to the creditors of different debtors under "the plan," nor does it distinguish between single-debtor and multi-debtor plans. Under its plain language, once a single impaired class accepts a plan, section 1129(a)(10) is satisfied as to the entire plan. Obviously, Congress could have required plan approval from an impaired class for each debtor involved in a plan, but it did not do so. It is not our role to modify the plain language of a statute by interpretation. See King, 135 S.Ct. at 2489 ("If the statutory language is plain, we must enforce it according to its terms.").
The statutory context of section 1129(a)(10) does not aid the Lender's argument. The Lender, citing the only court that has applied the "per debtor" approach, argues that section 102(7) requires that section 1129(a)(10) apply on a "per debtor" basis. See In re Tribune Co., 464 B.R. 126, 182–83 (Bankr. D. Del. 2011). We disagree. Section 102(7), a rule of statutory construction, provides that "the singular includes the plural." 11 U.S.C. § 102(7). This rule of construction does not change our analysis. Section 102(7) effectively amends section 1129(a)(10) to read: "at least one class of claims that is impaired under the plans has accepted the plans." The "per plan" approach is still consistent with this reading. Therefore, section 102(7) does not undermine our view that section 1129(a)(10) applies on a "per plan" basis.
Nor do other subsections in section 1129(a) indicate that section 1129(a)(10) must apply on a "per debtor" basis. The court in Tribune concluded that section 1129(a)(10) must apply on a "per debtor" basis because other subsections apply on a "per debtor" basis. 464 B.R. at 182–83. For example, section 1129(a)(3) requires that "[t]he plan has been proposed in good faith." 11 U.S.C. § 1129(a)(3). This argument fails for two reasons. First, as with subsection ten, nothing in the plain text of subsection three indicates that it applies on a "per debtor" basis. See BedRoc Ltd. v. United States, 541 U.S. 176, 183, 124 S.Ct. 1587, 158 L.Ed.2d 338 (2004) (holding a court presumes that Congress says in the statute what it means). Second, while a statute must be "read as a whole," King v. St. Vincent's Hosp., 502 U.S. 215, 221, 112 S.Ct. 570, 116 L.Ed.2d 578 (1991), the Lender provides no support for its position that all subsections must uniformly apply on a "per debtor" basis, especially when the Bankruptcy Code phrases each subsection differently. Instead, the Lender's argument is essentially a regurgitation of a summary of the Tribune decision unsupported by argument or other case law. These deficiencies defeat the Lender's argument that section 1129(a)(10) unambiguously applies on a "per debtor" basis based on other subsections in section 1129(a).
The Lender also argues that while the Plan states it is a jointly administered plan, it was, in effect, a substantive consolidation. The Lender's argument faces two hurdles. First, the Lender never objected to the Plan on this basis. As the Lender's counsel concedes, the only issue before us is the construction of sections 1111(b)(2) and 1129(a)(10). These are the objections the Lender raised before the bankruptcy court, the objections it appealed to the district court, and the issues we previously identified. See Transwest I, 801 F.3d at 1166–67. Therefore, whether the parties and the bankruptcy court dealt with the Plan approval as if it were a substantive consolidation is not properly before us on appeal. Second, to the extent the Lender argues that the "per plan" approach would result in a parade of horribles for mezzanine lenders, such hypothetical concerns are policy considerations best left for Congress to resolve. See Henson v. Santander Consumer USA Inc., –––U.S. ––––, 137 S.Ct. 1718, 1726, 198 L.Ed.2d 177 (2017) (stating that "the proper role of the judiciary" in statutory interpretation is "to apply, not amend, the work of the People's representatives").
Because the plain language of section 1129(a)(10) indicates that Congress intended a "per plan" approach, we need not to look to the statute's legislative history or address the Lender's remaining policy concerns. See Tahara v. Matson Terminals, Inc., 511 F.3d 950, 953 (9th Cir. 2007) (citing SEC v. McCarthy, 322 F.3d 650, 655 (9th Cir. 2003) ). We therefore hold that section 1129(a)(10) applies on a "per plan" basis.
For the foregoing reasons, we affirm the district court's conclusions that 11 U.S.C. § 1111(b) does not require the inclusion of a due-on-sale clause in the Plan, and that 11 U.S.C. § 1129(a)(10) applies on a "per plan" basis.
I agree that 11 U.S.C. § 1111(b)(2) does not require that a bankruptcy plan include complete due-on-sale protection for the creditor. And although I think the statutory language is somewhat ambiguous, I further agree that the better reading of 11 U.S.C. § 1129(a)(10) is that it applies on a "per plan," rather than "per debtor," basis. I write separately, however, to acknowledge the argument advanced by JPMCC 2007-C1 Grasslawn Lodging, LLC ("Lender") that it was unfairly deprived of the ability to object effectively to reorganization of the Mezzanine Debtors, despite being their only creditor. While Lender's concern is not unfounded, I believe any unfairness resulted not from the interpretation of § 1129 that Lender challenged in this appeal, but instead from the fact that this particular reorganization treated the five Debtor entities as if they had been substantively consolidated—something Lender did not object to in the bankruptcy court.
Joint administration and substantive consolidation are both mechanisms to facilitate multi-debtor reorganizations. Joint administration is a tool of convenience; "[t]here is no merging of assets and liabilities of the debtors," and "[c]reditors of each debtor continue to look to that debtor for payment of their claims." In re Parkway Calabasas Ltd., 89 B.R. 832, 836 (Bankr. C.D. Cal. 1988). By contrast, substantive consolidation replaces "two or more debtors, each with its own estate and body of creditors," with "a single debtor, a single estate with a common fund of assets, and a single body of creditors." Id. at 836–37; see also In re Bonham, 229 F.3d 750, 764 (9th Cir. 2000). Accordingly, "consolidation depends on substantive considerations and affects the substantive rights of the creditors of the different estates." In re Bonham, 229 F.3d at 762 (quoting Fed. R. Bankr. P. 1015 advisory committee's note). Here, the cases of the five Debtors were jointly administered pursuant to Federal Rule of Bankruptcy Procedure 1015, but neither party moved for substantive consolidation.
Nevertheless, I think Lender is correct that the distribution scheme adopted by the Plan involved a degree of substantive consolidation. Debtors' respective bankruptcy estates may technically have remained separate, but the Plan treated Debtors as a single entity. Specifically, by subordinating the Mezzanine Loan claims to the Operating Loan claims, the creditors for different Debtors all drew from the same pool of assets. And had the Mezzanine Lender voted to accept the Plan, its claims would have been paid from the assets of the reorganized Operating Debtors, demonstrating that the Plan did not differentiate based on the recipient of a particular creditor's loan. As the bankruptcy court itself explained, this arrangement treated the Mezzanine Lender's claims as if the cases had been substantively consolidated.
In many cases involving a reorganization plan that effectively merges the assets and liabilities of multiple debtors, "the constituents in the chapter 11 proceeding either reach this result by consensus, or, no objection is made by any creditor or party in interest." In re Tribune, 464 B.R. 126, 183 (Bankr. D. Del. 2011). The plan can thus proceed under a "de facto" substantive consolidation, absent a formal assessment of whether substantive consolidation is appropriate. Here, however, two classes of creditors objected to the Plan: (1) the class consisting of Lender's secured claim, which arose from the mortgage loan secured by the resorts, and (2) the class consisting of the secured and unsecured mezzanine claims, which arose from the mezzanine loan originally provided by Ashford Hospitality Finance, LP, and subsequently purchased by Lender. Because there was no consensus over these bankruptcy proceedings, there should have been an evaluation of whether substantive consolidation was appropriate before it (effectively) occurred.
To determine whether substantive consolidation is appropriate, a bankruptcy court evaluates "(i) whether creditors dealt with the entities as a single economic unit and did not rely on their separate identity in extending credit; or (ii) whether the affairs of the debtors are so entangled that consolidation will benefit all creditors." FDIC v. Colonial Realty Co., 966 F.2d 57, 61 (2d Cir. 1992) (quoting In re Augie/Restivo Baking Co., Ltd., 860 F.2d 515, 518 (2d Cir. 1988) ) (internal quotation marks omitted); see also In re Bonham, 229 F.3d at 766 (adopting the Second Circuit's test for substantive consolidation). The "sole aim" of this analysis is "fairness to all creditors." In re Bonham, 229 F.3d at 765 (quoting Colonial Realty, 966 F.2d at 61). Assessing whether substantive consolidation was appropriate here would thus have required the bankruptcy court to consider whether consolidation was fair to Lender, among other creditors.
According to Lender, its treatment under the Plan was unfair, and the root of the potential unfairness is that § 1129(a)(10) was interpreted as applying on a "per plan," rather than a "per debtor," basis. Section 1129(a)(10) requires that at least one impaired class of creditors accept a plan in order for it to be confirmed. Under the "per plan" approach, this provision was satisfied here as soon as any one impaired class from any of the five Debtors accepted the Plan. But if this provision had been applied on a "per debtor" basis, then one impaired class for each of the five Debtors would have had to accept the Plan. Because Lender was the only creditor for the Mezzanine Debtors following its purchase of the mezzanine claims, under the "per debtor" interpretation of § 1129(a)(10) Lender's objection would have prevented the Plan from being confirmed. Lender argues that use of the "per plan" approach had the same effect as substantive consolidation because one impaired class of creditors for one Debtor was able to bind all of the involved creditors, nullifying the leverage Lender would have otherwise had in the confirmation process under the "per debtor" approach.
Lender thus characterizes the "per plan" approach as "de facto" substantive consolidation. But this characterization is correct only to the extent that the "per plan" approach allowed for confirmation of a Plan that effectively merged the Debtor entities. The root of Lender's objection is that the reorganization here was governed by a single plan that did not delineate among separate debtor-creditor relationships. Had the Debtors—and thus their reorganization plans—remained separate, there would have been no need to invoke the "per debtor" approach to preserve the effectiveness of any objection Lender had.
Although Lender's "per debtor" interpretation would have allowed Lender to object and thereby block confirmation of the Plan, the problem in my view is not the interpretation of the statute, but rather that the Plan effectively merged the Debtors without an assessment of whether consolidation was appropriate. Such an assessment would have required the bankruptcy court to evaluate whether it was fair to proceed on a consolidated basis. In re Bonham, 229 F.3d at 765. Had the court taken this step of "balanc[ing] the benefits that substantive consolidation would bring against the harms that it would cause," id., it might have alleviated concerns about whether consolidation of the proceedings was in fact unfair.
Given that Lender asserts now that de facto substantive consolidation was inappropriate, it is unclear why Lender did not challenge the Plan on that basis prior to confirmation. It is possible that, if there had been an objection raising the question, Debtors' single-purpose entity structure would have defeated any request for substantive consolidation. The original loan documents required maintaining the Operating Debtors and the Mezzanine Debtors as separate entities. As a result, the bankruptcy court might have concluded that creditors treated Debtors as separate entities, and further that the special-purpose entity structure prevented their assets from becoming entangled—thus rendering substantive consolidation unavailable under this circuit's test. See id. at 765–66. If so, the court could have required altering the distribution scheme to maintain entity separateness, thus preserving Lender's leverage over the Plan.
If, however, the bankruptcy court had instead determined that this case was a candidate for substantive consolidation, then an appeal of that determination would have involved an evaluation of this particular Plan on its facts and resulting equities—rather than a challenge to the interpretation of a statute that governs all Chapter 11 reorganizations. But because Lender focused solely on the statute, the substantive consolidation objection is now waived.
In sum, I am not unsympathetic to Lender's argument that it was deprived of an opportunity to object to confirmation of the Plan, and I have concerns that entangling various estates in a complex, multi-debtor reorganization diminishes the protections afforded to creditors by the Bankruptcy Code. But I do not believe bolstering these protections requires the blanket statutory solution that Lender proposes. Rather, if a creditor believes that a reorganization improperly intermingles different estates, the creditor can and should object that the plan—rather than the requirements for confirming the plan—results in de facto substantive consolidation. Such an approach would allow this issue to be assessed on a case-by-case basis, which would be appropriate given the fact-intensive nature of the substantive consolidation inquiry. See In re Bonham, 229 F.3d at 765 ("[O]nly through a searching review of the record, on a case-by-case basis, can a court ensure that substantive consolidation effects its sole aim: fairness to all creditors." (quoting Colonial Realty, 966 F.2d at 61) ).
1. Unless otherwise noted, subsequent statutory references are to Title 11 of the United States Code.
2. The Lender never objected to or argued that the bankruptcy court was treating the case as if substantive consolidation had occurred.
3. The Lender raised other objections to the Plan, but the parties previously resolved those objections.
4. This holding does not imply that "due-on-sale" protection is irrelevant to whether a plan is "fair and equitable" under section 1129(b). Although the Lender here waived any argument that the Plan was not "fair and equitable," the availability of due-on-sale protection may inform whether a plan is confirmable in other reorganizations. Cf. In reMonarch Beach Venture, Ltd., 166 B.R. 428, 436 (Bankr. C.D. Cal. 1993) ("[T]o be fair and equitable, a plan of reorganization cannot unfairly shift the risk of a plan's failure to the creditor.").
M. SMITH, Circuit Judge:
Concurrence by Judge Friedland


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text:
Under Political Stress, Turning To Spouses
Published November 3, 2011 at 9:00 AM PDT
I'm Michel Martin and this is TELL ME MORE from NPR News. Coming up, a controversial ballot initiative in Mississippi that is expected to be voted on next week, would make it law in that state that life begins at conception. We'll find out exactly what the measure says and we'll hear from two faith leaders about how their beliefs guided them to opposite conclusions on this matter. That's coming up. But first, we want to talk about the story that has roiled this already tumultuous presidential campaign season.
A third woman said she considered filing a workplace complaint against Republican presidential candidate Herman Cain in the 1990's, this according to The Associated Press. All week Mr. Cain, the former chairman of Godfather's Pizza making his first run for political office, has been confronting questions about his behavior during his time leading the National Restaurant Association.
According to Politico, two women received financial settlements from the association to settle charges of sexual harassment in the 1990's. After first denying any knowledge of the allegations, Mr. Cain then reversed himself and acknowledged this settlement to a former employee. A man who was working as a consultant to the association has also said he witnessed the behavior and it was widely known. And, in what would be another reversal for the Cain campaign, Herman Cain's wife Gloria might soon give an exclusive interview to Fox News.
According to the Washington Post the interview would be her first since the scandal broke. We wanted to talk more about these issues as well as the interesting question of what role the spouses are playing during what is already a very vigorous campaign. So, we've called upon Nia-Malika Henderson. She's a political reporter for The Washington Post. Also with us Lynn Sweet, she's the Washington Bureau Chief for The Chicago-Sun Times. Welcome to you both.
NIA-MALIKA HENDERSON: Good morning.
LYNN SWEET: Hey there, good to be here.
MARTIN: Lynn, I'm going to start with you. You're a veteran of many campaigns and you've followed many candidates who've found themselves in embarrassing, you know, awkward situations. Now, of course there's always the media story; who's covering what and why. There's the camp - you know, there's the story of the supporters, the base of what, you know, it turns out that Mr. Cain seems to be doing really well in fundraising. But I'm interested in how you think he's handled this as a candidate?
SWEET: He's handled it miserably as a candidate. He has made a mess more of a mess. He has broken every rule in every public relations handbook and this will be a case study I'm sure on how to botch a bad situation.
MARTIN: How so, and why - why do you say that?
SWEET: Well, because you have to, you know, what is - what happened? He couldn't get the facts out. His story, an explanation evolved as the day (unintelligible) went by, and he has not been able - and the distraction that his campaign is bringing up to try and deflect this, which is the distraction is who is responsible for this story?
MARTIN: He's blaming it on the campaign.
SWEET: Well, he's assuming it came from a leak and not the enterprise of the reporters who broke this story over Politico. And I have no idea how it came from. So, they're trying to create a side issue on that, which still doesn't take away the essential question - what happened to who and when, where, and why?
MARTIN: Nia, just a brief thought if you would on this whole question of how you think that he's handled it, and do you think that are his supporters taking this seriously?
HENDERSON: Well, it seems like they aren't taking it seriously and by that I mean they liked him before and they still like him. They have bought into what the Cain - what Cain's argument has been, which is that these charges, you know, were baseless, that these charges were perhaps cooked up by either the liberal media who, you know, are thinking about Clarence Thomas and don't like to see a black conservative rise. They're also buying into maybe it was the Perry campaign.
You know, and you've seen that he's been able to raise something like a million dollars over these past five days since this has been roiling. I think his saving grace over these last days has been that we don't know what happened. There have been vague revelations that he's made about what happened about a woman in his office and comparing the woman to his wife's height and apparently that made it into the sexual harassment claims that this woman brought about.
So, that has been what's helped him, I think. I talked to Senator Jim DeMint last night who met with Cain yesterday and his sense was if nothing else comes out then he doesn't think it hurts him, and in fact he thinks it helps him. That's a big if, in terms of the details because this has been a rolling disclosure sort of approach that Mr. Cain has made and obviously if more women start to come out or if this confidentiality agreement is broken then we could finally have a sort of smoking gun in this case.
MARTIN: Let me just mention that I misspoke her that I meant to say that he'd never this is his first presidential campaign. Herman Cain did run for office before he ran for the Georgia Senate seat in 2004. You know, I asked her the question of the spouses, which is one of the things we wanted to talk about today. Let me just play a clip of Herman Cain on NBC's "Meet The Press" last month. He was asked about when the public would see more of his wife, Gloria.
MARTIN: You know Lynn that's - what about that? We were talking about this earlier that it has become, you know, an interesting question at a time of scandal when the spouse of a candidate comes forward. You know, during the, you know, Hillary Clinton - when President Clinton faced, you know, numerous questions about his behavior toward women during his time as governor and, you know, Hillary Clinton was, you know, right there. Then of course there was that cringe-inducing moment when New York Governor Elliott Spitzer was called to account for his involvement with prostitutes and then his wife stood with him. But then subsequently you've seen a lot of wives refusing to come forward.
SWEET: Like in the Governor Sanford case.
MARTIN: Governor Sanford case and...
SWEET: Isn't it amazing how many there are just in the last few years?
MARTIN: I don't know if it's amazing. And then of course Anthony Weiner, the (unintelligible) congressman who lost his seat; never saw his wife who was an aide.
SWEET: Never a woman. We never - never a woman.
MARTIN: So, what do you think now the decision to even sort of contemplate having Gloria Cain come forward. What's your analysis for that?
SWEET: If this well, the clip we heard was perfectly reasonable, that if she doesn't want to be involved she won't until she wants to be. Howard Dean's wife was not on the campaign trail when he ran for president. So, it's a perfectly reasonable thing to not if a wife chooses not to be involved in the campaign. Now, if she just happens to roll out in this next week or two, it isn't - I would say it will be a launch of problematic timing.
I don't know. Until he settles down and says - and we find out what happened, her role in making things better for him I think is difficult. She can be 200 percent behind him. Yeah, two or three things could be true. She's 200 percent behind him and there was something that happened, which we really don't know for sure yet, though Politico's reporting so far seems solid.
MARTIN: Nia, quickly. What do you think about the decision to contemplate having Gloria Cain come out right now? What role would she play? What would she say?
HENDERSON: You know, I think we don't we obviously don't know. They're in talks now with Greta Van Susteren to have this interview and possibly as early as next week. You know, and I think the spouse there next to the husband sitting there probably holding his hand could serve as a validator, could serve as someone who humanizes Herman Cain, and in some ways subtly signal that she's OK with it so, the viewing audience should be OK with it too.
MARTIN: OK, but Fox News - well, let's just - just to say it. You know, Fox News is viewed as a friendly - friendly way for a Republican candidate, isn't it?
HENDERSON: But this is...
MARTIN: I mean, this is not like going on "60 minutes."
HENDERSON: Hold on, (Unintelligible). Her interview with Cain was pretty tough and she revealed some of the flip-flops about the settlement, and his interview I think also on "Special Report with Bret Baier" - pretty, pretty tough - and Chris Wallace, too. They've been pretty tough on these guys from what I see.
SWEET: Absolutely, because this is - Fox's work in this primary is pretty darn good because it's a Republican primary. It's a fight within the family, and I have no issue with their reporting because this is the turf they know the best and Greta Van Susteren is a terrific interviewer when it comes to stories like this.
HENDERSON: Yeah, and she has a lot of push-back from...
MARTIN: Yeah.
HENDERSON: ...viewers for that interview, in fact.
MARTIN: We're talking about the political news of the week with Lynn Sweet of The Chicago-Sun Times and Nia-Malika Henderson of The Washington Post. We've been talking about Herman Cain's troubles.
Now let's switch gears and just talk a little bit about - in the couple of minutes that we have left - about other political spouses who have made news on the campaign trail. Anita Perry, wife of Texas Governor Rick Perry...
SWEET: She's been very active.
MARTIN: ...has been one of the more visible wives.
SWEET: Very active. One of the most. Yes.
MARTIN: Can we talk about that? I mean, she's come under fire for her comments last month when she said her husband had been, quote, "brutalized" by the campaign.
SWEET: Oh, and she's active out there. (Unintelligible) political spouse and the presidential campaign has - the major role she chooses to take on - or he, except we don't have any he's.
MARTIN: Yes, we do. Michele Bachmann's husband.
HENDERSON: Bachmann. Yeah.
SWEET: Oh, yes. Sorry, everyone.
HENDERSON: Yeah. I don't think he's out there very much, though.
SWEET: He's not out there. They could be terrific fundraising surrogates and top spokesmen for the candidate when the candidate can't make it. Anita Perry has taken on that role. Others haven't.
MARTIN: Nia?
HENDERSON: And they can also talk about things that the candidate can't talk about. Rick Perry, you've seen, has had a real problem with this HPV vaccine, supporting that, and Anita Perry, of course, is a nurse and I think she might be able to connect with women voters and explain to them what her husband was thinking around this.
That's something you've seen Michelle Obama do with issues over race, for instance. She was seen on the campaign trail as a kind of ambassador to black America and in some ways, she's done that in the White House.
So I think we'll see these folks out there, be it Anita Perry, Ann Romney, and we're going to hear for the first time probably from Gloria Cain. I don't even know what her voice sounds like.
MARTIN: But, as you know, it can be problematic. Many people will remember, during the 2008 campaign, when Michelle Obama created a firestorm for these remarks, saying that this was - for the first time - and we've seen the reaction that her husband was getting on the campaign trail - said this is the first time in my adult lifetime I'm really proud of my country.
HENDERSON: Yeah.
MARTIN: So that could cause a huge (unintelligible)...
SWEET: It caused her to be militantly non-controversial ever since then, which has served her well.
MARTIN: You think it's served her well?
SWEET: Oh, absolutely. But what we don't get is her voice on anything remotely topical, except for her carefully chosen soundbites.
MARTIN: And Nia-Malika, a final thought from you. Is there anything that political spouses can learn from what Michelle Obama went through?
HENDERSON: Yes. I think the way to go, in some ways, is to be militantly non-controversial, which is, you know, I think the hard lesson that she learned on the campaign trail. She's got approval ratings, something like 63, 65 percent, so I think, you know, keep it as - you know, stay away from the bitter partisanship, I think, is the thing that she learned.
MARTIN: You know, one question we didn't get to, which we'll hopefully get to the next time we see you both and I hope that we will - is are the rules different for wives of Democratic candidates and Republican candidates? That's one of the questions...
HENDERSON: Oh, baby. Yes.
MARTIN: ...I think we should talk about.
HENDERSON: Stay tuned.
MARTIN: All right.
HENDERSON: Have us back.
MARTIN: Lynn Sweet is Washington Bureau Chief for The Chicago-Sun Times. She was nice enough to join us here in our Washington, D.C. studios. Nia-Malika Henderson is a political reporter for The Washington Post. She's also the author of Election 2012 blog on PostPolitics.com. She was with us from The Washington Post studios. Thank you both.
SWEET: Thank you.
HENDERSON: Thank you. Transcript provided by NPR, Copyright NPR.


text:
/*	$NetBSD: test_ap-req.c,v 1.1.1.2 2014/04/24 12:45:51 pettai Exp $	*/

/*
 * Copyright (c) 2006 Kungliga Tekniska Högskolan
 * (Royal Institute of Technology, Stockholm, Sweden).
 * All rights reserved.
 *
 * Redistribution and use in source and binary forms, with or without
 * modification, are permitted provided that the following conditions
 * are met:
 *
 * 1. Redistributions of source code must retain the above copyright
 *    notice, this list of conditions and the following disclaimer.
 *
 * 2. Redistributions in binary form must reproduce the above copyright
 *    notice, this list of conditions and the following disclaimer in the
 *    documentation and/or other materials provided with the distribution.
 *
 * 3. Neither the name of KTH nor the names of its contributors may be
 *    used to endorse or promote products derived from this software without
 *    specific prior written permission.
 *
 * THIS SOFTWARE IS PROVIDED BY KTH AND ITS CONTRIBUTORS ``AS IS'' AND ANY
 * EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE
 * IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR
 * PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL KTH OR ITS CONTRIBUTORS BE
 * LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR
 * CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF
 * SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR
 * BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY,
 * WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR
 * OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF
 * ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. */

#include <config.h>

#include <sys/types.h>
#include <stdio.h>
#include <krb5/krb5.h>
#include <err.h>
#include <krb5/getarg.h>
#include <krb5/roken.h>

static int verify_pac = 0;
static int server_any = 0;
static int version_flag = 0;
static int help_flag	= 0;

static struct getargs args[] = {
    {"verify-pac",0,	arg_flag,	&verify_pac,
     "verify the PAC", NULL },
    {"server-any",0,	arg_flag,	&server_any,
     "let server pick the principal", NULL },
    {"version",	0,	arg_flag,	&version_flag,
     "print version", NULL },
    {"help",	0,	arg_flag,	&help_flag,
     NULL, NULL }
};

static void
usage (int ret)
{
    arg_printusage (args, sizeof(args)/sizeof(*args), NULL, "...");
    exit (ret);
}

static void
test_ap(krb5_context context,
	krb5_principal target,
	krb5_principal server,
	krb5_keytab keytab,
	krb5_ccache ccache,
	const krb5_flags client_flags)
{
    krb5_error_code ret;
    krb5_auth_context client_ac = NULL, server_ac = NULL;
    krb5_data data;
    krb5_flags server_flags;
    krb5_ticket *ticket = NULL;
    int32_t server_seq, client_seq;

    ret = krb5_mk_req_exact(context,
			    &client_ac,
			    client_flags,
			    target,
			    NULL,
			    ccache,
			    &data);
    if (ret)
	krb5_err(context, 1, ret, "krb5_mk_req_exact");

    ret = krb5_rd_req(context,
		      &server_ac,
		      &data,
		      server,
		      keytab,
		      &server_flags,
		      &ticket);
    if (ret)
	krb5_err(context, 1, ret, "krb5_rd_req");

    if (server_flags & AP_OPTS_MUTUAL_REQUIRED) {
	krb5_ap_rep_enc_part *repl;

	krb5_data_free(&data);

	if ((client_flags & AP_OPTS_MUTUAL_REQUIRED) == 0)
	    krb5_errx(context, 1, "client flag missing mutual req");

	ret = krb5_mk_rep (context, server_ac, &data);
	if (ret)
	    krb5_err(context, 1, ret, "krb5_mk_rep");

	ret = krb5_rd_rep (context,
			   client_ac,
			   &data,
			   &repl);
	if (ret)
	    krb5_err(context, 1, ret, "krb5_rd_rep");

	krb5_free_ap_rep_enc_part (context, repl);
    } else {
	if (client_flags & AP_OPTS_MUTUAL_REQUIRED)
	    krb5_errx(context, 1, "server flag missing mutual req");
    }

    krb5_auth_con_getremoteseqnumber(context, server_ac, &server_seq);
    krb5_auth_con_getremoteseqnumber(context, client_ac, &client_seq);
    if (server_seq != client_seq)
	krb5_errx(context, 1, "seq num differ");

    krb5_auth_con_getlocalseqnumber(context, server_ac, &server_seq);
    krb5_auth_con_getlocalseqnumber(context, client_ac, &client_seq);
    if (server_seq != client_seq)
	krb5_errx(context, 1, "seq num differ");

    krb5_data_free(&data);
    krb5_auth_con_free(context, client_ac);
    krb5_auth_con_free(context, server_ac);

    if (verify_pac) {
	krb5_pac pac;

	ret = krb5_ticket_get_authorization_data_type(context,
						      ticket,
						      KRB5_AUTHDATA_WIN2K_PAC,
						      &data);
	if (ret)
	    krb5_err(context, 1, ret, "get pac");

	ret = krb5_pac_parse(context, data.data, data.length, &pac);
	if (ret)
	    krb5_err(context, 1, ret, "pac parse");

	krb5_pac_free(context, pac);
    }

    krb5_free_ticket(context, ticket);
}

int
main(int argc, char **argv)
{
    krb5_context context;
    krb5_error_code ret;
    int optidx = 0;
    const char *principal, *keytab, *ccache;
    krb5_ccache id;
    krb5_keytab kt;
    krb5_principal sprincipal, server;

    setprogname(argv[0]);

    if(getarg(args, sizeof(args) / sizeof(args[0]), argc, argv, &optidx))
	usage(1);

    if (help_flag)
	usage (0);

    if(version_flag){
	print_version(NULL);
	exit(0);
    }

    argc -= optidx;
    argv += optidx;

    if (argc < 3)
	usage(1);

    principal = argv[0];
    keytab = argv[1];
    ccache = argv[2];

    ret = krb5_init_context(&context);
    if (ret)
	errx (1, "krb5_init_context failed: %d", ret);

    ret = krb5_cc_resolve(context, ccache, &id);
    if (ret)
	krb5_err(context, 1, ret, "krb5_cc_resolve");

    ret = krb5_parse_name(context, principal, &sprincipal);
    if (ret)
	krb5_err(context, 1, ret, "krb5_parse_name");

    ret = krb5_kt_resolve(context, keytab, &kt);
    if (ret)
	krb5_err(context, 1, ret, "krb5_kt_resolve");

    if (server_any)
	server = NULL;
    else
	server = sprincipal;

    test_ap(context, sprincipal, server, kt, id, 0);
    test_ap(context, sprincipal, server, kt, id, AP_OPTS_MUTUAL_REQUIRED);

    krb5_cc_close(context, id);
    krb5_kt_close(context, kt);
    krb5_free_principal(context, sprincipal);

    krb5_free_context(context);

    return ret;
}

redpajama_set_name: RedPajamaGithub


Good morning! I have another Blow Out the Candles card for you today. This is such a fun bundle to play with! This time instead of precision stamping the different cake parts, I colored everything with my blends. But first, the background. I did use my Stamparatus again to stamp the "Happy Birthday" in Lovely Lipstick ink. By using the right-hand plate, I stamped it at the top of the card, then hinge-stepped down, stamped again, moved the plate down another notch, and so on. (Don't forget to reink your stamp before stamping each time!) Next I glued down a 4″ x 1″ scrap of the 2018-2020 In Color 6×6 designer series paper with the Multipurpose Liquid Glue. I love that Stampin' Up! has these DSP stacks back for every color family!
My focal point starts with a piece of Granny Apple Green cardstock (I can't stop with this color, I'm sorry except that I'm not) cut with the Stitched Shapes framelits. On top of that is a piece of Graceful Glass Vellum cut with Layering Circle framelits. I only put adhesive on the middle of the vellum so it wouldn't show through. You can put the cake upside down on your craft desk, turn the vellum upside down and place it on top of the cake with the cake in position, and then put adhesive on the vellum so it's sure to be hidden. I stamped the cake in Memento Tuxedo Black ink, then colored it with Lovely Lipstick and Daffodil Delight Blends (light and dark). I colored the flames with the Dark Daffodil Delight marker. I colored the cake stand with Granny Green Blends (light and dark) then put the stand and cake down with Mini Dimensionals.
Before I put the focal piece down with Dimensionals, I attached some Lovely Lipstick 1/8″ Grosgrain Ribbon (this ribbon comes in all five of the new In Colors). I arranged the ribbon, then wrapped Tear & Tape around the middle of it and stuck it down. I finished off the card with Glitter Enamel Dots, which are already colored, and Rhinestones, which I colored with Dark Lovely Lipstick and Dark Granny Green Blends.


We have just listed 744 Acadia Dr SE for sale in the popular Calgary community of Maple Ridge!
Bright and spacious total of 5 bedroom bi-level with beautiful curb appeal in popular Maple Ridge! Good size kitchen with stainless appliances features table with seating for 4, lots of cabinetry and a corner work space. Big living, dining, three bedrooms with 2-piece master ensuite and full bath upstairs. Lots of hardwood flooring up. Bright Lower level rec room and two bedrooms with large windows/very versatile use for your needs. Detached single garage with RV parking. Close to all levels of schools, Trico Rec Centre, Fish Creek Library, Southcentre Mall. Quick drive to downtown and just about all amenities. On Bus route!! Amazing price in one of Calgary's most beautiful communities! Come and enjoy one of the best places to live in Calgary. Roomy lot! Become a member of WillowRidge Community Association - not mandatory but worth it. Call to view this bright bi-level today!! View all Calgary Real Estate Board MLS® listings for sale in Maple Ridge.


text:
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Full Text - PDF (3 MB)
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text:
Urban Tunneling
The Gateway Program – The Hudson River Tunnel Project in New York, New Jersey
The Northeast Corridor (NEC) represents one of the most heavily traversed regions in the United States. Between Amtrak and New Jersey Transit, some 800,000 riders travel daily across eight states and Washington, D.C. with more than 2000 trains. In 2012, Superstorm Sandy caused tremendous damage to the transit infrastructure, including flooding of the East and North River tunnels between New Jersey, Manhattan, and Long Island. The flooding, in addition to temporarily halting service on the respective rail lines, also exposed the lack of redundancies and resilience within this major transportation network, which is heavily dependent upon ageing infrastructure that is over a century-old.
The Gateway Program, a successor to the Access to the Region's Core (ARC) project canceled in 2010, aims to tackle some of the problems exploited by Superstorm Sandy, while expanding capacity and building new resilience into the transit network. For Phase I of the project, the North River tunnels, which connect New Jersey and New York, would be temporarily closed for full rehabilitation upon completion of two new Hudson River tunnels. The proposed Hudson River tunnels, which are the main focus of this paper, present a number of engineering and geotechnical challenges. These challenges include mixed-face conditions, shallow groundcover for TBM tunneling at specific areas of the alignment beneath the Hudson River, and tunneling through the more than century-old Manhattan bulkhead. Modern tunneling technologies allow the flexibility to address the challenges posed by the Hudson River tunnels, to be excavated with tunnel boring machines (TBMs), including utilizing cutting-edge ground improvement techniques (i.e. ground freezing) to assist with excavation of the Manhattan Bulkhead with Conventional Tunneling also referred to as the Sequential Excavation Method (SEM).
2019 Underground Construction Prague Conference Proceedings
June 3 – 5, 2019, Prague, Czech Republic (Gall, V. & Nasim, M.)
Copyright holds the International Tunnelling and Underground Space Association (ITA) and GUARANT International spol. s r. o.


Candle package mockup set includes 10 objects in separate psd files and 8 premade scenes, preview jpg files and help pdf file. Candles and boxes size 7x7x8 cm and 5x5x6 cm.
Use the smart layer to drop your designs. Simply copy and paste your design in smart object and save it. You can easily change colors of every element to make it your own. Play with lights and shadows to achieve better results. Create your own composition or choose from existing!
-Separate light and shadow layers.


*Anytime between or after classes is open style. Come in Warm up, hit the workout!!
Available anytime just ask a coach!
All new members that are unfamiliar with the CrossFit training style are required to go through Foundations, which covers the 9 foundational movements used in our classes. Foundations is offered in a one-on-one format based around your schedule.
All drop ins are welcome, all we ask is that if you're dropping in please contact us prior to your visit so we can save you a spot.
To Check Into Classes, visit www.lledescheduling.com or Download the Smart Phone App "Get Fit Now."


Use this forum to discuss NAWCC Regional Meetings and other special events that are broader than chapter interest.
NAWCC NEWS area is a "Read Only" area used to keep you informed and up to date on news relating to all aspects of the NAWCC and its operation.
Encouraging you to post news of your Chapter Activities. Post your views on issues concerning Chapter life. Find a chapter in your area. Public welcome.
This forum is for posting news and announcements about individual NAWCC members. Awards, accomplishments, obituaries, outstanding service, etc. This is also the place for new NAWCC members to introduce themselves.
A public gallery of select member awards and honors bestowed by the Association.