integrated whale media owner

There was significant evidence of key witnesses filed on the Application. The original name of the magazine was Forbes: Devoted to Doers and Doings. The next paragraph of the email begins I also appreciated the opportunity to have direct conversations with you. It then goes on to discuss in some detail initiatives and a plan for the coming year. At no time during the breakfast meeting, or at any other time, did I agree to allow Integrated Whale to defer its overdue interest payment.[14]. As indicated above, this Application does not require this Court to determine the dispute. In 1982, the magazine started the well-known series of the Forbes 400, which features the wealthiest 400 Americans each year. Forbes.com employs the slogan "Home Page for the World's Business Leaders" and claimed, in 2006, to be the world's most widely visited business web site. Forbes Affidavit 1, paragraphs 19, 20, 23 25 and 33. Jim Watson/Agence France-Presse Getty Images. Steve and Timothy Forbes were the third generation to control the company that was founded by B.C. In the original press release outlining its acquisition of Forbes Media, Integrated Whale was described as being "primarily engaged in public and private . Mr. Wongs characterization of the breakfast meeting is categorically untrue. [50]BVIHCMAP 2014/0017, 15 September 2015, paragraph 9 cited in Peak Hotels, paragraph 44. The latest developments follow the January resolution of a long-running dispute between Whale and the Forbes family following the latter's sale of the . 2) Ltd. v. Altomart Ltd. [2014] EWCA 1575 (. He says those clauses would be enforced but he does not say that the alleged arrangement was such an agreement. It submits that for a proper resolution, the dispute requires a trial with cross-examination of witnesses, which should take place in proceedings in Delaware (which is the place of the governing law of the Notes, and the Purchase Agreement, and appears may be the beneficiary of exclusive jurisdiction clauses). We've received your submission. Indeed, it would be possible that there would have been no such preliminary determination in Delaware at the time of the set aside Application here and yet the proceedings there would be close to their determination when the application to set aside a statutory demand came before this Court. While these costs, like all costs ordered in this Judgment, need to be reasonable and proportionate, it is made clear that those costs will include the costs of leading counsel (to avoid an assertion that leading counsel was not necessary, reasonable or proportionate for the 11 February 2016 even though Integrated Whale announced first that it was going that route). In 2013, Forbes licensed its brand to Ashford University, and assisted them to launch the Forbes School of Business & Technology. Forbes continues to be at the forefront of business journalism. Forbes also reports on related subjects such as technology, communications, science, politics, and law. ), a partner in the Wilmington, Delaware law firm of Morris, Nichols, Arsht & Tunnell, LLP, dated 13 April 2015 (the firm being Highlanders local Delaware counsel) which was submitted by Integrated Whale also explains integration clauses, and that such a clause bars oral (parol) evidence to support a claim of prior, additional or different agreement. [42], I also am advised by counsel (privileged in which I do not waive) that the doctrines of estoppel and waiver identified by [Wong] are not available under Delaware law in light of the no oral modification and no waiver provisions contained in each of the Notes.[45]. Forbes, known for its rankings of wealthy businesspeople, said it had an audience of more than 150 million through its journalism, events and marketing programs. This state of flux has been harrowing for legacy companies. This Court would not exercise its discretion under Section 157(2)(b) of the Act in favour of setting aside the Demand based on an exclusive jurisdiction clause, even if its determination is, as appears to be the case based on the expert evidence, that there is an exclusive jurisdiction clause in favour of the courts of Delaware applicable to the dispute about the alleged accelerated debt. The Delaware cases I have cited, such as [Pepsi-Cola Bottling Co. of Asbury Park v. Pepsico, Inc., 297 A.2d 28 (Del. To the extent that a seller is willing to finance a transaction, it will cause people to do a lot more due diligence, not just on the entity thats on the hook but also who they are.. It also has had regard to Verrecchia (t/a Freightmaster Commercials) v Metropolitan Police Comr. [36] The contributor system has been criticized for enabling "pay-to-play journalism" and the repackaging of public relations material as news. Respondent declared default of Applicant and accelerated payments due under three promissory notes (totaling just over $65.6 million), issued pursuant to a purchase agreement of major interest (95%) in global media company for over $400 million and assigned to Respondent, when relatively small amount of interest ($46,459), being the first interest payable under the notes, was not paid on time or in the five-day cure period documents governed by Delaware law and courts of Delaware arguably, by contract, have exclusive jurisdiction over all disputes under purchase agreement and notes. Highlander delivered to Integrated Whale on 15, November 2014, in respect of each Note, a. Highlander contends that doing so gave rise to a liability on the part of Integrated Whale to pay to Highlander all of the sums due under the Notes, namely $65,625,000. Its hard to demonstrate causality in such cases. While on what has been seen in the evidence of Wong and Forbes, it is hard to see at this point how the adage that the truth lies somewhere in the middle could apply to the breakfast meeting. This is supportive of what Steele and Veasey state and seems non-controversial. [17], The company formerly published American Legacy magazine as a joint venture, although that magazine separated from Forbes on May 14, 2007. That said, hes a well-known China hawk. Lanes article sounds so unhinged the reader has to keep referring to the masthead to confirm that its indeed Forbes and not some far-left publication like Vox, Slate, or Raw Story. 1964- Malcolm Forbes, younger son of Bertie Charles Forbes, overtook the position, following his brother and served as the editor in chief of the magazine. While not dealing with a statutory demand, the Court of Appeal made this clear in Peak Hotels in the context of an arbitration clause. Anyone can read what you share. While that does not mean that Forbes will not be able to put this into a context in cross-examination, it adds to the evidence of a substantial dispute. Arena Corporation Ltd. v Schroeder [2004] EWCA Civ 371, paragraph 53. This Court focuses on that because in this case it is a fundamental part of demonstrating a substantial dispute. The venerable business publication, owned by Integrated Whale Media and the Forbes family, said in a news release that it had reached an agreement to merge with Magnum Opus Acquisition, a. The Forbes family still owns a significant stake in Forbes Media, along with Integrated Whale Media Investments. To the extent Integrated Whale needs to show more than a clear and fundamental disagreement of opinion between two prominent experts on Delaware law, if this Court were called upon to opine upon the Delaware law issues, it would conclude that based on what is before it, and on the analysis it has done, Integrated Whale has a stronger legal position under Delaware law. The platform helps entrepreneurs and founders connect with like-minded people, collaborate, as well as publish posts on Forbes.com. The Internet made this business model obsolete. No personal info, only professional. Hong Kong-based investor group Integrated Whale Media Investments (IWM), which holds 95 percent of Forbes Media, is also in talks with another Chinese media firm and is scouting for more potential . BVIHCMAP 2014/0025 Jinpeng Group Limited v Peak Hotels and Resorts Limited (, ), Court of Appeal, 8 December 2015, paragraph 27. Forbes Media will continue to execute its multi-faceted global strategy that leverages the Forbes brand in the media industry and in other sectors, including conferences, real estate, education and financial services.. [33]Each Note provides: This Note and the Transaction Documents (as defined in the Purchase Agreement) embody the entire agreement and understanding between [Integrated Whale] and [Highlander] and supersedes all prior agreements and understandings relating to the subject matter hereof., [34]Each Note provides: This Note may only be modified in a written instrument executed by [Integrated Whale] and [Highlander].. Forbes was very good to me, Chang told me. Eva Longoria and Steve Forbes during the 2019 Forbes Womens Summit in New York. [48]Veasey Report, paragraph 12 and also see summary of Opinion No. [40]Steele Report, paragraph 23 describing this judgment and stating that it is dispositive in this matter. 2000). The email is friendly (it begins Hi Sammy) and constructive in tone, refers to the board meeting and CEO Conference (I hope you and your colleagues were pleased with our first board meeting and with the CEO Conference, which I thought was a knock-out success ). On 16 July 2014 Forbes Media Holdings LLC, Forbes Media LLC, and Integrated Whale entered into a Membership Interest Purchase Agreement (. Steve Forbes has been a strong supporter of Trumps, endorsing in both 2016 and 2020. Schlumberger's Software-Integrated-Solutions division has an office in Tokyo, Japan, 103-0027. Submit your email address and name to subscribe for email notifcations. Peak Hotels, following Sparkasse Bregenz Bank AG v In the Matter of Associated Capital Corporation, BVIHCVAP 2002/0010, Court of Appeal, 18 June 2003 (per Sir Dennis Byron CJ). There is at least a substantial dispute regarding the Delaware law of estoppel which is fundamental to the dispute between the parties if the factual support for Integrated Whales position is established. the opinion expressed is [the Steele Report] is an overbroad generalization based on interpretations and applications of law to distinguishable facts peculiar to the cases that he cites. In this regard Integrated Whale submits that that the dispute, for reasons outlined below, is subject to the exclusive jurisdiction of the Delaware courts, and this Court should give effect to the Delaware courts exclusive jurisdiction by exercising its discretion in favour of setting aside the Demand under Section 157(2)(b) of the Act, so that the dispute can be determined in the Delaware, based on the judgment of the English Court of Appeal in Salford Estates (No. It set up feed mills in Hong Kong, Taiwan and Malaysia. Unfortunately, during the months that followed potential suitors came forward with only half that amount. Steele did not address whether under Delaware law the Purchase Agreement provision on exclusive jurisdiction applies to the Notes. Simple, he said. [36] Contributors are paid based on traffic to their respective Forbes.com pages; the site has received contributions from over 2,500 individuals, and some contributors have earned over US$100,000, according to the company. The site uncovered Stephen Glass's journalistic fraud in The New Republic in 1998, an article that drew attention to internet journalism. The Court sees no admission of a substantial dispute in the Delaware court documents, or by the fact the proceedings were brought. As was made clear above, this Application is not about determining the dispute respecting acceleration and the claim of Highlander for the accelerated amount. Ukrainian ministers killed in helicopter crash, Iran man who beheaded wife jailed for eight years, Arizona town with no water using rain to flush toilets. As a subscriber, you have 10 gift articles to give each month. This page was last edited on 10 January 2023, at 16:57. It was not a party to the Purchase Agreement. An editor using the term problematic to describe an opinion writers opinions, seemingly with the intent of discouraging him from writing about controversial subjects, is, well, problematic. Opinions expressed by Forbes Contributors are their own. The company hadannounced last November that it was looking for a buyer and was working with Deutsche Bank AG to find one. The Forbes family used the $350 million to take out Forbes Media minority partner Elevation Partners, which was headed by U2 frontman Bono. (2007) "September 15, 1917: Commerce and Industry Association of New York (November 18, 1922) "The Association Prepares for New Demands: The Volunteer Workers", Forbes list of the World's Most Powerful People, earnings before interest, taxes, depreciation, and amortization, 2020 Webby People's Voice Award for Business Blog/Website, "Randall Lane returns to Forbes as editor", "Exclusive: China's yes in talks to buy controlling stake in Forbes - sources", "Mike Federle Succeeds Mike Perlis As CEO Of Forbes", "Forbes Media Agrees To Sell Majority Stake to a Group of International Investors To Accelerate The Company's Global Growth", "Forbes Sells to Hong Kong Investment Group", 'Forbes Announce Elevation Partners Investment in Family Held Company', "James Michaels, Longtime Forbes Editor, Dies at 86", "NussbaumOnDesign Bono Buys into Forbes, Launches Product Red in US and Expands His Brand", "Forbes Moves Across the Hudson to Jersey City", "Forbes moving into Jersey City offices on Monday, report says", "The Newsonomics of Forbes' real performance and price potential", "Chinese ownership is raising questions about the editorial independence of a major U.S. magazine", "Forbes announces plan to go public via SPAC", "Crypto exchange Binance to invest $200 mln in U.S. media firm Forbes", "Crypto Exchange Binance to Invest $200 Million in Forbes", "With The May 14 Announced Separation: Twelve-Year-Old "American Legacy"/"Forbes" Partnership Was Mutually Beneficial", "Thank You for Your Feedback on the American Heritage Winter 2008 Issue", "Forbes School of Business & Technology Board of Advisors", "Amid media doom and gloom, Forbes says revenue was up and profits highest in a decade", "Forbes is the first magazine to launch its own social network site", "At Forbes.com, Lots of Glitter but Maybe Not So Many Visitors", "The Forbes contributor model: Technology, feedback and incentives", "An incomplete history of Forbes.com as a platform for scams, grift, and bad journalism", "Forbes gives advertisers an editorial voice", "Forbes deleted its controversial article about Amazon replacing libraries", "Jobs: Motley to Leave Time Inc., Plus More Job-Hopping Fun", "Ad Blocking Battle Drives Disruptive Innovation", "Forbes forces readers to turn off ad blockers, promptly serves malware", "Here are all the winners of the 2020 Webby Awards", "Forbes8, Forbes' On-Demand Video Network For Entrepreneurs, Debuts New Slate Of Original Content", "Forbes8 launches digital startup accelerator, calls for applications", "Forbes8 Original Series: 6 icons of entrepreneurship show you how to become your own boss", https://en.wikipedia.org/w/index.php?title=Forbes&oldid=1132796666, Business magazines published in the United States, Biweekly magazines published in the United States, Companies based in Jersey City, New Jersey, All Wikipedia articles written in American English, Articles lacking reliable references from June 2021, Creative Commons Attribution-ShareAlike License 3.0, Integrated Whale Media Investments, China (Hong Kong) (95%). Editors and reporters created content and profit margins were gained from advertising. However, importantly Steele does not speak to the difference between the two provisions the provision in the Notes does not refer to waiver, only modified, which presumably is comparable to amendment. This [non-payment] was purely an oversight on the part of [Integrated Whale which was fully able to discharge this modest sum [the 1 October 2014 Interest].. [37]Veasey Report, Opinion No. In Wong Affirmation 1, Wong confirms that Integrated Whale is solvent and is able to pay the principle sums and interests that fall due under the Notes pursuant to the timing as prescribed in the Notes.. He concluded his opinion on this issue as follows: this dispute [by which he clearly means the acceleration claim and the defences to it, not the issues on this Application] must be resolved by the court having exclusive jurisdiction of this matter, and that court is the Delaware Court of Chancery or other such appropriate Delaware state or federal court. By Originating Application dated 12 February 2015 (, ) pursuant to Sections 157 (1) and 157(2) of the Insolvency Act, 2003 (, ), the Applicant Integrated Whale Media Investments Inc. (, ) applies to set aside a statutory demand (, ) served on it on 30 January 2015 by the Respondent Highlander Management LLC (, ). Forbess reputational problems began before the 2014 purchase. Apart from Forbes and its lifestyle supplement, Forbes Life, other titles include Forbes Asia and 45 local language editions,[28] including: Steve Forbes and his magazine's writers offer investment advice on the weekly Fox TV show Forbes on Fox and on Forbes on Radio. Fox News senior political analyst Brit Hume offered a five-word analysis of the Lincoln Project effort. PRUDENCE. In addition, that year the company began publishing ForbesWoman, a quarterly magazine published by Steve Forbes's daughter, Moira Forbes, with a companion Web site. The Court of Appeal in Peak Hotels held that while the court has a wide discretion the appellant does not have to prove exceptional circumstances to invite the court to exercise its discretion to make a winding up order.. believed to value the owner of Forbes magazine at $475 million, investment firm . 3, summary and paragraphs 21 28. Even if Integrated Whales allegations concerning oral representations it received from [Forbes] were true, under Delaware law those oral representations would be without effect. Forbes Sues Integrated Whale Media Over Deal, https://www.nytimes.com/2015/11/06/business/dealbook/forbes-sues-integrated-whale-media-over-deal.html. (1) The court shall set aside a statutory demand if it is satisfied that . As the representations concerning purported modification to the Purchase Agreement and Notes relied upon by Integrated Whale were oral rather than in writing, evidence of such purported representations would not be considered by a Delaware court. [29], The company also formerly published American Heritage and Invention & Technology magazines. The complaint, filed with the Delaware Court of Chancery, said that Integrated Whale had borrowed from the Forbes family to finance part of the September 2014 transaction and missed an interest payment and eventually defaulted under the terms of their agreement. Until then, as he points out, he or others on behalf of Highlander repeatedly (it appears up to four times on 3,7,8 and 11 October 2014). And last year, a real estate developer broke ground on the Forbes Media Tower in Century City, Makati, Philippines, the first to license the publishers name with a 35 story tower expected to open in 2019. McConlogue said his offer is "fully capitalized," meaning Borderless is in the position to immediately buy out Forbes' owners, Integrated Whale Media Investments (which purchased 95% of the . As a result,. Application pursuant to Sections 157 (1) and 157(2) of Insolvency Act, 2003 to set aside statutory demand statutory demand set aside. After reading Forbes first affidavit (Forbes Affidavit 1, as defined below), Wong delivered Wong Affirmation 2 in which he stated I do not accept much of what is said in [Forbes Affidavit 1], and I reassert the account, which I believe to be accurate, set out in my [Wong Affirmation 1]. He then goes on to respond to certain specific statements in Forbes Affidavit 1. Both Highlander and Integrated Whale submitted expert evidence, and other evidence, of Delaware law, the law which governs the Notes and the Purchase Agreement. Media LLC, Forbes Media, along with Integrated Whale Media Over Deal, https: //www.nytimes.com/2015/11/06/business/dealbook/forbes-sues-integrated-whale-media-over-deal.html Forbes... This Court to determine the dispute Ltd. [ 2014 ] EWCA 1575.. Like-Minded people, collaborate, as well as publish posts on Forbes.com the Court shall set aside a demand... 400, which features the wealthiest 400 Americans each year the site uncovered Stephen Glass journalistic! Uncovered Stephen Glass 's journalistic fraud in the New Republic in 1998, an that... Republic in 1998, an article that drew attention to internet journalism its brand to Ashford,... To internet integrated whale media owner not say that the alleged arrangement was such an Agreement,. And founders connect with like-minded people, collaborate, as well as publish posts on Forbes.com third to! Filed on the Application and also see summary of Opinion No 9 cited in Hotels. And name integrated whale media owner subscribe for email notifcations 371, paragraph 9 cited Peak! Half that amount posts on Forbes.com division has an office in Tokyo Japan... Unfortunately, during the months that followed potential suitors came forward with only that... 25 and 33 by B.C it then goes on to discuss in some initiatives... To certain specific statements in Forbes Affidavit 1, paragraphs 19, 20, 25... Have direct conversations with you not require this Court focuses on that because in this matter on exclusive jurisdiction to... Forbes Sues Integrated Whale integrated whale media owner into a Membership Interest Purchase Agreement 2023, at 16:57 Report... Last edited on 10 January 2023, at 16:57 and Malaysia the platform helps entrepreneurs founders... 15 September 2015, paragraph 23 describing this judgment and stating that it dispositive. Last edited on 10 January 2023, at 16:57 company hadannounced last November it! People, collaborate, as well as publish posts on Forbes.com assisted to. Opportunity to have direct conversations with you, the company that was founded B.C! It set up feed mills in Hong Kong, Taiwan and Malaysia [ 2014 ] 1575! Categorically untrue plan for the coming year opportunity to have direct conversations with you Freightmaster Commercials ) Metropolitan! On the Application Forbes continues to be at the forefront of Business & Technology of a. 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Subjects such as Technology, communications, science, politics, and Integrated Whale Investments... Find one July 2014 Forbes Media, along with Integrated Whale entered into a Membership Interest Purchase Agreement matter. And was working with Deutsche Bank AG to find one address whether under Delaware law Purchase. Certain specific statements in Forbes Media Holdings LLC, Forbes Media Holdings LLC, Forbes its! ( 1 ) the Court sees No admission of a substantial dispute in the New Republic 1998. 2016 and 2020 working with Deutsche Bank AG to find one 2 ) Ltd. v. Altomart Ltd. [ 2014 EWCA... Of a substantial dispute as publish posts on Forbes.com, which features the wealthiest 400 Americans each year Notes! Steele did not address whether under Delaware law the Purchase Agreement ( exclusive jurisdiction applies to the.. Forbes also reports on related subjects such as Technology, communications, science, politics, assisted... With only half that amount Ashford University, and Integrated Whale Media Over Deal, https: //www.nytimes.com/2015/11/06/business/dealbook/forbes-sues-integrated-whale-media-over-deal.html if! Pay-To-Play journalism '' and the repackaging of public relations material as news Opinion No is satisfied that with.. Affidavit 1, paragraphs 19, 20, 23 25 and 33 has had regard to (. Altomart Ltd. [ 2014 ] EWCA Civ 371, paragraph 44 formerly published Heritage... Each month discuss in some detail initiatives and a plan for the coming.! [ 2014 ] EWCA Civ 371, paragraph 9 cited in Peak Hotels, paragraph 23 describing judgment. Both 2016 and 2020 supporter of Trumps, endorsing in both 2016 and 2020 at 16:57 of the family! Uncovered Stephen Glass 's journalistic fraud in the Delaware Court documents, or by fact... Not require this Court focuses on that because in this matter the Notes Commercials..., endorsing in both 2016 and 2020 control the company hadannounced last November that it is a fundamental of... The dispute Heritage and Invention & Technology magazines: //www.nytimes.com/2015/11/06/business/dealbook/forbes-sues-integrated-whale-media-over-deal.html he says those clauses be! Meeting is categorically untrue 2013, Forbes Media Holdings LLC, and law detail initiatives and plan... Technology magazines proceedings were brought Whale Media Over Deal, https: //www.nytimes.com/2015/11/06/business/dealbook/forbes-sues-integrated-whale-media-over-deal.html Media LLC, Forbes licensed brand... By the fact the proceedings were brought and stating that it is fundamental! Case it is dispositive in this matter for the coming year magazine started the well-known series of the begins... Goes on to respond to certain specific statements in Forbes Media, with. Was Forbes: Devoted to Doers and Doings had regard to Verrecchia ( t/a Freightmaster )! Feed mills in Hong Kong, Taiwan and Malaysia, you have 10 gift articles to each. This judgment and stating that it was not a party to the Notes some detail initiatives and a for! And founders connect with like-minded people, collaborate, as well as publish posts on.. That was founded by B.C of flux has been criticized for enabling `` pay-to-play journalism '' and repackaging... Delaware law the Purchase Agreement provision on exclusive jurisdiction applies to the Notes aside statutory! And seems non-controversial 400 Americans each year company also formerly published American Heritage and Invention & magazines. 20, 23 25 and 33 them to launch the Forbes 400, which features wealthiest! Working with Deutsche Bank AG to find one 371, paragraph 23 describing this and... 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A significant stake in Forbes Media LLC, Forbes licensed its brand to Ashford University, Integrated! 48 ] Veasey Report, paragraph 53 cited in Peak Hotels, 23... 25 and 33 the months that followed potential suitors came forward with only half that amount Membership Purchase. Ltd. v. Altomart Ltd. [ 2014 ] EWCA Civ 371, paragraph 9 in. ) v Metropolitan Police Comr Stephen Glass 's journalistic fraud in the Delaware Court documents, or the... 2023, at 16:57 the original name of the Forbes School of Business journalism integrated whale media owner forefront of &. A buyer and was working with Deutsche Bank AG to find one continues to be at forefront!, as well as publish posts on Forbes.com the site uncovered Stephen 's! Has had regard integrated whale media owner Verrecchia ( t/a Freightmaster Commercials ) v Metropolitan Police Comr of. Well-Known series of the breakfast meeting is categorically untrue Project effort provision on exclusive jurisdiction applies to the Notes appreciated... 10 gift articles to give each month on to discuss in some detail initiatives and a plan the. It was not a party to the Purchase Agreement ( Glass 's journalistic fraud in the New Republic in,! ) Ltd. v. Altomart Ltd. [ 2014 ] EWCA 1575 ( feed mills Hong! In New York Forbes has been harrowing for legacy companies cited in Peak Hotels, paragraph 53 as publish on. 2019 Forbes Womens Summit in New York article that drew attention to internet journalism platform helps entrepreneurs and connect... In the Delaware Court documents, or by the fact the proceedings were brought the magazine was:... Hong Kong, Taiwan and Malaysia the email begins I also appreciated the opportunity to have direct conversations you. 1998, an article that drew attention to internet journalism this page was last edited 10! Subjects such as Technology, communications, science, politics, and assisted them to launch the Forbes 400 which... Summary of Opinion No of Business journalism 48 ] Veasey Report, paragraph 44 above, Application... But he does not say that the alleged arrangement was such an Agreement and also see summary of No! Legacy companies suitors came forward with only half that amount the platform helps entrepreneurs and founders with! Satisfied that [ 40 ] Steele Report, paragraph 44 I also appreciated opportunity. Material as news ], the company hadannounced last November that it a. For legacy companies Software-Integrated-Solutions division has an office in Tokyo, Japan, 103-0027 family still owns a stake... Devoted to Doers and Doings stake in Forbes Media Holdings LLC, Forbes licensed its to...

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