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Regulatory Oversight of Financial Reporting: Securities and Exchange Commission Comment Letters
Rick Johnston
University of Alabama at Birmingham - Department of Accounting and Information Systems
Reining Petacchi
Georgetown University - Robert Emmett McDonough School of Business
October 29, 2015
The Securities and Exchange Commission (SEC) reviews company filings (10Q, 10K, S1, etc.) submitted to them. If a review identifies potential deficiencies, the SEC staff sends the company a comment letter seeking clarification, additional information, and ultimately perhaps, revision of the filing or future filings. We examine the content, resolution, and ensuing informational consequences of SEC comment letters. The content analysis shows that nearly half of all comments involve accounting application, financial reporting, and disclosure issues. More than 17 percent of our sample cases result in immediate amended filings to resolve the issue(s) arising from the comment letters, and financial statements and/or footnotes are frequently revised. Following comment letter resolution, the adverse selection component of the bid-ask spread declines and Earnings Response Coefficients (ERCs) increase. Our results provide little support for the conjecture that the market interprets the receipt of a comment letter as a signal that the firm has poor reporting quality. Finally, we find no evidence that comment letter firms increase the quantity or change the type of voluntary disclosure, thereby eliminating a possible competing explanation for the improved information environment. We conclude the SEC's oversight has beneficial informational effects.
Number of Pages in PDF File: 63
Keywords: Securities and Exchange Commission (SEC), Comment Letter, Disclosure, Enforcement, Regulation
JEL Classification: G12, G14, G18, M48
Date posted: October 29, 2008 ; Last revised: December 9, 2015
Suggested Citation
Contact Information


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A few leftovers on the Patriots' 2012 schedule that were easy to overlook at first glance:
1. Hitting Texans at right time. One could make the case that the Monday, Dec. 10 game against the visiting Texans is the best spot possible for the Patriots. Besides the weather factor, the Texans will be playing their third straight road game (Detroit, Tennessee, then New England).
2. Jets will arrive after three straight home games. The rival Jets come to town Oct. 21 after playing three straight home games (49ers, Texans, Colts). That sets up nicely for them, considering the Patriots will be coming off a trip to Seattle and having played four of their first six games on the road. On a related note, the Jets have the same off week as the Patriots (Nov. 4).
3. Patriots once again get Bills coming off bye. From 2004-2007, the Patriots played the Bills when coming off their bye, and they won each time. They get them after the bye again this year, and if you're a Bills fan, you might be asking "What did we do to the NFL schedule-maker to deserve this?" Counting Bill Belichick's first year as Patriots head coach in 2000, the Patriots will have faced the Bills six times coming off their bye.
4. Titans already gearing up for Patriots. The Titans' official website posts a picture of Tom Brady in its story announcing the 2012 schedule, with coach Mike Munchak saying, "It is obviously exciting to open the season at home against a quality opponent in New England. They have been one of the best teams in the league for a number of years and the game will be a great test for us."
5. Five preseason games, not four, to scout Cardinals. The Patriots get the Cardinals in Week 2, and they're an unfamiliar foe; this will be just the third meeting between the clubs in Bill Belichick's tenure as coach (2000-present). It might help the Patriots, in terms of getting familiar with their personnel, that the Cardinals play an extra preseason game (they're in the Hall of Fame game this year).
6. Pats lone visitor to Seattle in five-week stretch. Seattle can be one of the toughest environments in which to play in the NFL, and with the Patriots representing the Seahawks' lone home game between Sept. 24-Oct. 28, that could be a tough spot. For the Seahawks, that game is sandwiched around road trips to St. Louis/Carolina and then San Francisco/Detroit.


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Still walking
... that turned out nicely with a seafood platter for two so that filled our 'fush'n'chups' category. So we walked over 5 hours today, thank goodness I bought good walking shoes prior to this trip.
Back to hotel and our suitcases are now packed and stored in the car at 4 pm on Saturday for our Sunday 8 am appointment at our Inter-islander Ferry that is only 3 kms from where we are staying. Anyone that knows us well knows this is known as ...
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... really is a team effort. It was terrifying. Luckily the city isn't that busy on a Sunday night! We made it to the overnight camp parking lot safe and sound. I didn't drive on the right hand side of the street. We almost just stayed in the van because the wind and rained picked up and we didn't want to walk back to the hostel. Like all things, we pushed through and made it. We had an excellent last meal in Wellington with the best fish and chips. The fish was so fresh ...
... interactive features were informative and spine tingling at the same time. After a couple of hours strolling around the museum and experiencing an earthquake simulation I caught the train out to Waikanae. Friends from my Europe trip, Hannah and Hayden, live here. I got to spend the evening catching up with them. It was great to see more people from my Euro trip and see how they have been since I saw them last. I also got to have to some traditional New Zealand fish and ...
Time to reflect
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... we eventually made it up a cliff to
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(The voting process has now closed. To see who won, click here).
Sometimes it's the little things that make a difference when it comes to your job.
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Federal employee bill tracker: How pending legislation could affect your bottom line
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I tried to concentrate on Maggy today because I rarely take pictures of him. Mostly because he doesn't keep weight on good and always looks sooo skinny scrawny when most of our other horses are almost or really are jiggling when moving :S. He's prolly the best tempered young horse we have on the ranch, he was imprinted and has never bucked when handled as opposed to when he's romping around with the group at liberty. He's been saddled, lunged. and bitted Not ridden yet we wait till the 3rd b-day to ride. I can't wait till next year. He's gonna be so much fun. I went to put pressure on the saddle today and decided to see what he ould do if I really pulled on the stirrup. I nearly pulled him off his feet cause I caught him off guard but he didn't freak out at all. Just set his feet back in place and waited. I had to restrain myself from just jumping right on up cause I know he won't care. I just can't wait!! The pictures with just the blanket i was just playing around and actually had it over his face to begin with but dad wanted to play with his face. Anyway the pictures!!!
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13 Attachment(s)
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Book DescriptionA conceptual and multimedia artist known for her writing, photography, painting, installation, and public art, Celia Alvarez Munoz has been invited to exhibit and to create site-specific works for more than fifty major U.S. museums and was included in the 1991 Whitney Biennial. In her work Munoz draws on family and communal memories to explore her own experiences growing up Catholic and Mexican American on the Texas-Mexico border, as well as larger issues concerning the spaces between languages and cultures and the histories that connect place to community.With more than one hundred color photographs, this book in the landmark "A Ver" series surveys Munoz's career from her earliest bookmaking project, the Enlightenment series, and such installation pieces as "Stories Your Mother Never Told You" to her more recent works of public art and digital photography. Throughout his in-depth essay, Roberto Tejada illuminates Munoz's feminist perspective, political engagement, and provocative use of ideas and artifacts from two cultures."
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Pages: 128
Imprint: UCLA Chicano Studies Research Center Press
Publisher: UCLA Chicano Studies Research Center Press
Publish Date: 14-May-2008
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The New York Times recently took a look at the European recession and its potential effects on the auto industry (see Europe's Auto Industry Has Reached Day of Reckoning).
In light of the economic situation in the Eurozone, it's no surprise that the auto industry has taken a hit. Without consumers to purchase automobiles and fuel factories, many auto companies are faced with two less-than-desirable options: slim down or close down.
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The current auto industry crisis in Europe follows the ongoing sovereign crisis and recession. In many ways, Europe's auto industry crisis parallels the broader Euro crisis, with weakness concentrated in the periphery.
…the pain falls disproportionately on Southern Europe, while Germany seems immune. Car sales actually rose slightly in Germany during the first six months of the year. They plunged more than 14 percent in France and almost 20 percent in Italy…In Portugal and Greece…car sales fell more than 40 percent through June…
The auto industry crisis in Europe is similar to patterns we observed during the 2008-2009 financial crisis, where the effects spill over to companies outside the financial industry. As the Times rightly points out, it is difficult for countries such as Greece, Spain, and Portugal to respond.
When the financial crisis caused a recession in 2009, France and other European countries spent billions of euros to bail out their car companies. But instead of using that money to ease painful downsizing of plants and payrolls, governments provided financial incentives for people to trade in older models for new ones, or subsidized worker salaries to dissuade companies from cutting jobs…But now…European governments are financially ill-equipped to respond.
And even European carmakers that are willing to take desperate measures and reduce capacity are facing pressure from their governments to not engage in such cutbacks. For example, Peugeot has been attempting to close a plant in Aulnay; however, the union and France's new government are exerting tremendous amounts of pressure to keep the plant open. This could eventually result in Peugeot's demise.
I've written about the auto industry crisis extensively (see Overcapacity Still Plagues the Auto Industry and Auto Industry's Big Little Problem). I have emphasized the importance of meaningfully reducing capacity from the industry, especially since it largely didn't happen during the financial crisis. Instead, governments looking to preserve jobs propped up auto-makers in both the U.S. and Europe. I also noted in my previous entries that auto companies cannot rely on demand from emerging markets, like China, to fix the overcapacity problem.
As a result, we're stuck in the same situation yet again -there is still overcapacity and the weakest of the automobile firms still need to contract. Something's gotta give…


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text: Topic Region The Latest Stainless Steel Carbon Steel Scrap Long Product Raw Material Industry Activity Finance & Economy Government Policy Others Steel News Steel News Advanced search Key words Search By All Headline Context Date All Today Last 3 days Last 7 days Last 14 days Last 1 month Last 2 months Last 3 months Last 6 months Last 1 year Classification All Stainless steel Carbon steel Long product Scrap Raw material Industry activities Finance and economy Government policies Others Region All Asia & Pacific China Middle East & Central Asia Europe Africa North America South & Central America Global Advanced search Brazil's stainless steel consumption growth rate to slow down to 4% in 2012 A A A According to forecast made by Aperam South America, Brazil's stainless steel consumption would not reach the pre-crisis level and the growth rate might slow down to 4% in 2012 from 8% in a year earlier. In 2011, Brazil's stainless steel consumption totaled 345,400 tons in 2011, including 305,000 tons of stainless steel flat products and 40,400 tons of stainless steel long products. Aperam South America indicated that the stainless steel demand from the Brazilian local industry would reduce this year. Meanwhile, the oversupply of stainless steel products would appear in the Brazilian market, affected to surged imports in the recent two years. However, Aperam South Amercia said that the stainless steel demand in other countries in Latin American would continue to rise in 2012. News Date 14 May 2012 11:53:01 reported by Ruth Wang South Korean stainless hot rolled steel imports fa... Stainless steel01 Mar 2017 10:33 Taiwan's Yusco to raise stainless steel export lis... Stainless steel24 Feb 2017 12:12 Taiwan's Walsin Lihwa to raise stainless steel wir... Stainless steel24 Feb 2017 10:15 EU launches anti-circumvention investigation on st... Stainless steel21 Feb 2017 10:07 Taiwan's stainless steel mills may hike price for ... Stainless steel21 Feb 2017 09:36 Most Popular Metal Price Index Nickel Zinc Aluminum Copper LME Official Bid Price Coil Exchange Center BACK TOP


text: 2 photos $9,700 9.94 acres Turbine Road, Belen, NM 87002 - Valencia County Nearly 10 Acres Near Belen LandCentral Property number 7345. This is a large lot located 12 minutes from the town of Belen and just an hour south of Albuquerque. The land is flat and open with Turbine Road, a dirt road, leading to the property. LandCentral features land from all across the nation. All properties are owner financed and our purchasing process is 100% hassle free. Make an investment today! Home Owners Association Tierra Grande Improvement Assoc HOA Information Tierra Grande and you the member - own over 17,000 acres of pristine Open Space (mountain property) including the Abo Canyon and Black Butte that is being conserved for your use, which does NOT include hunting or trapping. Much of that acreage borders on the majestic Manzano Mountains part of Angela Land For Sale | LandCentral


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A gardener's resolutions, as the new year begins, are modest ones. The world won't end if a lawn isn't mowed on schedule, though it will grow better if it is. There is no crime in growing too many tomato seedlings, even if the time could be spent … more
By Barbara Damrosch, Special to The Washington Post | 1/13/17
Every year around this time, I can expect my email inbox to overflow and my phone to begin ringing. Folks who spend time outdoors during early-evening hours in mid-January frequently notice a brilliantly sparkling diamond low in the southeastern … more
By Dennis Mammana | 1/13/17
In my Dec. 25 column, I was hoping for birds from the far north to invade our area, though thus far I have heard nothing of the usual erratic species that surprise us in large numbers some years and are all but absent others. I anxiously waited … more
I've been gazing skyward for more than five decades, and in that time I've learned a few things. One is that novice stargazers have some deeply ingrained misconceptions about the heavens.For example, many think that we cannot see the moon during the … more
By Dennis Mammana, Special to the Eagle | 1/6/17
Q: We enjoy your articles and hope you have a suggestion how to deter small birds from perching and pooping from our 20-foot, wind-out deck awning cowl structure mounted on our house. What we think are little finch and sparrows leave a mess on our … more
By Thom Smith, Special to the Eagle | 1/6/17
Early winter is when poinsettias come into the limelight, showing off their colors in homes and shop windows. But a poinsettia is more than just seasonally flamboyant.To check out more of this plant's botanical flair, set your holiday poinsettia on … more
By Lee Reich, The Associated Press | 1/6/17
"Cheers to a new year and another chance for us to get it right." — Oprah WinfreyAgain, it's the time many of us make New Year resolutions, and scores of these resolutions are personal, like cut down on coffee consumption, eat less or lose … more
By Thom Smith, Special to the Eagle | 12/30/16
Landscape designers in cities are creating quieter living spaces by using trees to mute loud noises like sirens and air brakes. It's called "soundscaping," and it aims to restore peaceful, natural sounds like wind whispering through leaves, birds … more
By Dean Fosdick, The Associated Press | 12/19/16
Q: I wonder just how late our summer birds stay in the fall. For instance, what is the latest?- Jim, Hinsdale.A: Many of our nesting songbirds arrive in April or May and leave in September or October. Although, unless we have banding records, it is … more
By Thom Smith, Special to The Eagle | 12/19/16
It's December, and with it comes colder temperatures throughout much of the Northern Hemisphere and the most prolific meteor shower of the year: the Geminid.Never heard of it? Well, that's not a huge surprise. If you ask beginning stargazers which … more
By Dennis Mammana | 12/9/16
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text: Louise gets swanky for breast cancer Donate Please would you help me to help others going through breast cancer? When I was 41, I had two lumpectomies to remove a tumour in my right breast, followed by radiotherapy and five years on Tamoxifen. When I found a lump right at the top of my right armpit in September 2014 I went through the scariest few months of my life ... for the second time. This time around however there was much more support available. The Haven helped me learn some great relaxation techniques which, together with their nutrition advice and some lovely tattooed eyebrows, made such a difference especially since I worked through my treatment. When you're little you've no idea what life is going to throw at you but you think it's all going to be rosy. When you get a cancer diagnosis it's like the world has collapsed around you. The Haven helped me keep some control over my life when it was totally topsy turvy. On 13 March I will be braving the cat walk modeling some beautiful lounge wear from Swanky-Pants.com in Harrogate. I know I won't be subjected to an electric shock and end up covered in mud, nor will I be free-falling from a jumbo jet or abseiling down the Eiffel Tower but, believe me, I will be as nervous as hell on the day. Please donate as much as you can to help others through the dark days of cancer treatment and out into the sunshine again. The Haven is a Registered Charity No 1061726. Louise Gardner


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This review is from: Synology DiskStation DS214play Diskless System Network Storage - Retail
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In the Oct. 10 Telegraph story on the contract dispute between Blue Cross Blue Shield (BC/BS) and the local obstetricians and gynecologists (OB/GYN), a BC/BS representative is quoted as saying the insurance company is trying to "keep healthcare affordable" for its members.
But if the insurance company keeps cutting what it will pay our local physicians and our local hospital, and our premiums stay the same or go up, where is that savings going?
It would appear that it is being retained by the insurance company.
So rather than blaming doctors or the hospital, it might be appropriate for BC/BS to explain why we aren't seeing a reduction in our health insurance premiums when the company is paying our doctors and hospital less every year.
By Judy Pederson, North Platte
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Go Nuts (and Beans)!
If you have diabetes, it may be wise to get the bulk of your fiber from low-glycemic foods high in fiber such as beans, lentils, nuts, pumpernickel bread, and oats. Although experts have long emphasized the importance of a diet rich in fiber and cereal grains for people with diabetes, recent research has shown that it's the low-glycemic foods high in fiber that help the most with blood sugar control.
Low-glycemic foods are those that have the least impact on blood glucose levels. Only a small percentage of foods have been tested, but you can find these lists in books on the glycemic index or on the official website, www.glycemicindex.com. The very best way to find out the glycemic impact of a food on your own metabolism, however, is to eat the food and test your blood sugar.
The six-month study followed over 200 patients with type 2 diabetes, who were were randomly assigned to either a low-glycemic, high-fiber diet or a conventional, high-fiber diet. Participants were provided a checklist of recommended foods. The low-glycemic diet checklist included:
• pumpernickel, quinoa, and flaxseed breads;
• rye pitas
• bulgur and flax cereal
• large-flake oatmeal
• oat bran
• wheat bran
• legumes (beans, peas, lentils, and nuts)
• pasta
• parboiled rice
• apples
• pears
• oranges
• peaches
• cherries
Both diets were low in white flour and called for nonfat milk, yogurt, and cheese, and participants were instructed to eat five servings of vegetables and three servings of fruit each day. Both groups were strongly advised against nutrient-empty, high-carbohydrate foods such as pancakes, muffins, donuts, bagels, cookies, cakes, french fries, and potato chips.
Participants in the group eating conventional foods high in fiber saw a decrease of about 0.18% in their A1C levels. Members of the low-glycemic group, however, saw a drop averaging about 0.50%. In addition, HDL, or "good cholesterol" increased an average of 1.7 mg/dL in the low-glycemic group. HDL is associated with a lowered risk of heart disease.
Jenkins, David A., Cyril W. C. Kendall, Gail KcKeown-Eyssen et. al. 2008. Effect of a Low Glycemic Index or a High Cereal Fiber Diet on Type 2 Diabetes: A Randomized Trial. JAMA 300(23): 2742–2753.
Harvard Health Publications. Glycemic index and glycemic load for 100+ foods. (Accessed 3/230/09.)
Reviewed by Susan Weiner, RD, MS, CDE, CDN 4/11
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Balsamic Roasted Asparagus and Red Pepper Ice Buffed Mocha Asian Salad Dressing Grilled Chicken Salad with Raspberry Vinaigrette Curry Bean Soup with Cilantro Cheese-Stuffed Swordfish Algonquian Three Sisters Rice Curried Pumpkin & Eggplant Soup Classic Chicken Soup for 12 Sofrito and Beef
As I mentioned in an earlier post, one of the benefits that made it cost-effective for me to go with the real healthcare (HSA) plan rather than the phony (HRA) plan is that my company is now covering "preventative" medicines at $0 copay. The formulary for these, as stated by CVS/Caremark (my pharmacy benefits provider), covers all test strips, lancets, and control solutions. I dutifully get my doctor to write up prescriptions for all of my testing needs, submit...


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Fresh New Design
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ferm LIVING Owl Music MobileRead More
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Only the best will do for the little ones. And why not let our fluffy music mobiles lull them to sleep. This music mobile is made of 100% organic cotton and gently plays Brahms 'Lullaby'. For cleaning wipe with a damp cloth.Read More
Only the best will do for the little ones. And why not let our fluffy music mobiles lull them to sleep. This music mobile is made of 100% organic cotton and gently plays Brahms 'Lullaby'. For cleaning wipe with a damp cloth.Read More
Christian Flensted was a wonderful storyteller and in 1977 one of his stories turned into a mobile.
The puffing trolls were wonderful little creatures that lived in the woods and attics around our yellow school and troll-puffing was said to be extremely beneficial: "Puffing at trolls when feeling sad, lessens pain and makes you glad."
But Puffing Trolls were very shy and therefore hard to find, exept for one of them: The one with the long tail and a golden ring in its ear. Christian Flensted had a meeting with this particular Puffing Troll and was allowed to make a mobile so that people all around the world would benefit from its magical powers.
You can find more information in the little booklet (in Danish, English, German and French) included in the Puffing Troll box.
Available in green, black, red and blue - but always with a red heart!Read More
A beautiful graphic design made of aluminum. It is the perfect gift for a special occasion.
The mobile's size makes it ideal for large rooms.
Please note: The size is 29" high and 28" wide but needs a diameter of at least 33.5" to turn freely.Read More
The mobile is a beautiful decoration to the large room, whether it is in the living room of with high ceilings in your home or in a an office at a company.
An interplay of shape and colour in movement that is perfectly suited to the contemporary interior.
Created in 1955 by Christian Flensted.Read More
Three joyful whales meeting to celebrate the efforts to save the whales left in the oceans of the world.
Available in black/grey and green/yellow.Read More
A beautiful mobile where leaves are falling gracefully down.
The mobile is with its long graphic cut is ideal for hanging in a corner or a narrow place, where it can be enjoyed.Read More
The graphic expression of the seahorse mobile will add movement and balance in every nursery.
By the way, did you know, that in the seahorse-world it is the male who becomes pregnant?
Available in black, blue and red.Read More


text: Be on the lookout for an email that looks like this: It looks like a legitimate email from E-ZPass, but it is a scam and should be disregarded. An alert NMA member in Ohio received this email and immediately told us about it. Tolling officials have also sounded the warning, telling drivers to delete email messages titled "In arrears for driving on toll road" or "Payment for driving on toll road." Such phishing messages are designed to get you to provide personal information which can be used to defraud you or steal your identity. If you have further questions regarding this issue, please contact your E-ZPass Customer Service Center.


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Historically, the Chapter 11 bankruptcy process was not used as a technique to recapitalize struggling banks. An aversion to using Chapter 11 was attributable in part to concerns that regulators and depositors might perceive a bankruptcy filing as synonymous with financial meltdown and trigger a "run on the bank." One of the key developments — and lessons — from the recent financial crisis and recovery is that the federal bankruptcy laws, when employed as part of a carefully planned and executed recapitalization strategy, can be an effective tool to restructure and recapitalize troubled banking organizations in the United States.
In the wake of the financial crisis, the banking industry has used two basic transaction structures involving Chapter 11. The first structure is a "Section 363" sale, which was first employed in the recapitalization of AmericanWest Bank in 2010. Since then, more than a dozen community banking organizations have turned to the Section 363 sale to facilitate their recapitalization. The second structure is a recent development involving a "prepackaged" plan of reorganization. Anchor BanCorp Wisconsin, Inc. successfully utilized a prepackaged plan in September 2013 to comprehensively resolve more than $300 million of legacy debt and TARP obligations and to raise $175 million of new common equity capital.
These Chapter 11 transactions overcame the historical concerns of regulators and other constituencies. The transactions also demonstrated that Chapter 11 restructuring techniques are flexible and can be tailored to the needs of the banking industry and specific institutions. In 2014, we expect an increase in Chapter 11 bank recapitalizations.
Most commercial and retail banking organizations in the United States are structured with a parent holding company and a subsidiary bank. The parent company typically serves as the issuer of various equity securities (e.g., common stock, preferred stock, trust-preferred securities) and debt instruments (e.g., subordinated debt, senior borrowings). For example, banking organization parent companies issue virtually all of the preferred securities to the U.S. Treasury Department under the TARP program. The parent company then downstreams the proceeds of these various issuances to the subsidiary bank as common equity.
If the organization runs into trouble, regulators generally will prohibit the subsidiary bank from paying dividends to its parent company to conserve capital at the subsidiary bank. Without dividends from its subsidiary bank, the parent company does not have a ready source of funds to service the various securities it has issued to investors and lenders. As a result, the parent company cannot make principal and interest payments on its borrowings or pay dividends to its trust-preferred security holders. This is the risk of "double leverage": the subsidiary bank alone might have a viable and valuable franchise, but its parent company is insolvent.
When these organizations seek to raise additional capital, prospective investors often are unwilling to invest unless the parent company's legacy obligations are resolved. This may be impossible without a Chapter 11 strategy. First, many banking organizations have issued securities that are held by collateralized debt obligations and other pooled structures that make it very difficult to identify ultimate holders that are empowered to negotiate or make decisions. Second, even if the legacy holders can be identified, fashioning a deal that will command unanimous approval from those holders is difficult.
Without a resolution of the parent company's legacy obligations, the organization is hindered significantly in its efforts to raise additional capital. This puts the subsidiary bank at risk of failure and FDIC receivership. FDIC receivership is a bad outcome for just about all constituencies. In a receivership, the FDIC seizes the subsidiary bank and simultaneously sells its assets and liabilities to a third-party bank preselected by the FDIC through an auction process. Only qualifying bank charters are allowed to participate in these FDIC auctions, which are conducted on a nonpublic basis, with limited opportunity for diligence and little flexibility in terms and structure. In virtually every case, the parent company receives zero consideration. Its creditors and security holders receive little, if anything at all. In addition, the FDIC typically will suffer a meaningful loss in connection with the receivership. The FDIC will seek to recover that loss by bringing lawsuits and other enforcement actions against the former directors, officers and other institution-affiliated parties that it may regard as responsible for the bank's troubles.
For many struggling banking organizations, Chapter 11 bankruptcy techniques offer strategic options to avoid FDIC receivership and to preserve the bank's underlying value. Restructuring through Chapter 11 can:
Section 363. A Section 363 sale involves the parent company filing for Chapter 11 bankruptcy. The bankruptcy involves only the parent company — not the subsidiary bank. The bankruptcy process enables the parent company to sell its subsidiary bank to the highest bidder in a court-supervised, open and public auction process. In most cases, the parent company will have signed an asset purchase agreement with a "stalking horse bidder" before filing for bankruptcy, as AmericanWest did with SKBHC Holdings. The stalking horse bidder thereby sets a floor on the price and terms of the auction. The Section 363 process allows the buyer to leave behind the parent company's legacy obligations. The buyer then can invest new capital in the bank and move forward without the overhang of the legacy parent company. The parent company continues in the regular bankruptcy process and satisfies its legacy obligations, to the extent possible, using the proceeds from the Section 363 sale of the subsidiary bank.
Prepackaged Chapter 11. Unlike a Section 363 sale, a prepackaged plan of reorganization does not involve a sale of the subsidiary bank, a stalking horse bidder or a public auction process. Rather, a prepackaged plan of reorganization is a formal written plan to resolve the parent company's legacy obligations, typically through partial payment or by otherwise compromising their terms. The plan also can contemplate the receipt of new capital. The plan must be approved by the bankruptcy court and receive the consent of some — but not all — of the parent company's legacy creditors. The plan is "prepackaged" because the necessary creditor consents have been solicited before bankruptcy is even filed — which means the parent company is better able to manage the risks associated with the negative publicity of a bankruptcy. A prepackaged Chapter 11 can be extremely effective — in the case of Anchor BanCorp, the total time from bankruptcy filing to court confirmation was just 18 days — but it does require certain conditions to be present, including having a segment of the creditor base that is identifiable, large enough to control the vote of its class and willing to negotiate the restructuring.
In light of the benefits of these restructuring strategies, well-advised boards of directors of troubled banking institutions are routinely considering their bankruptcy alternatives among other options. Banking regulators have been supportive of transparent and well-planned Chapter 11 restructurings and have acted reasonably promptly to review and approve live transactions. In both the AmericanWest Bank and Anchor BanCorp transactions, bank regulatory clearances were received and the transactions were completed less than 60 days after the bankruptcy filing.
More than 500 institutions remain on the FDIC's troubled bank list, more than 100 institutions have failed to repay their TARP obligations, the coupon rate on TARP obligations is set to increase from 5 to 9 percent, and the coupon deferral period on many trust-preferred securities is set to expire. Considering these pressures, we anticipate that more banking institutions will pursue bankruptcy recapitalization strategies in 2014.
* This article appeared in the firm's sixth annual edition of Insights on January 16, 2014.
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Teen Machine Log
2 Attachment(s)
Logging the workouts of my teen powerliting team, Alec and Erin.
Alex is 15 years old, Erin is 14. They have been training with me for about 6 months. During that time they have progressed from goblet squats and endless bench press form sessions to box squats and 5 rep bench press workouts.
We do very low volume, and mostly work on form and explosiveness.
July 28th, 2012
Workout Time: 60 minutes
Warmups: Walking in place, goblet squats, etc.
Erin Bench Press
45 x 5
45 x 3
45 x 2
Alec Bench Press
95 x 5
95 x 5
95 x 14 - Max reps set. Destroyed this. Not to failure.
Erin Box Squat
45 x 5
45 x 5
45 x 8 - Max reps set.
Alec Box Squat
55 x 5
55 x 5
55 x 20 - Max reps set. He really found his focus and hammered past the pain. Became like a machine, completely focused on his form.
Awesome work.
There power in dem dere horns! :D
Got some Viking power on the go there. Great to see the kids involved in lifting with you. What's the team name?
Very cool!
Alec is a natural beast. He'll be hitting a 200 bench and 400 deadlift before he hits 16.
They will compete as a part of team Muscle and Brawn at the UPA Nationals next April.
August 5th, 2012
Workout Time: 50 minutes
My daughter Erin worked out with me today and did the following:
Dumbbell Bench Press
30 total pounds x 5 sets x 10 reps
Goblet Squats
25 pounds x 5 sets x 5 reps
High Rack Deadlifts
135 pounds x 5 singles
August 11th, 2012
Workout Time: 60 minutes
HUGE workout for both of them today. They are really starting to build momentum and work hard. So proud of both of them.
Warmups: Elbows to knees, etc.
Erin Low Rack Deadlifts
45 x 5
95 x 5
95 x 5
135 x 2 (Bump for confidence booster)
Alec Low Rack Deadlifts
45 x 5
135 x 5
135 x 5
275 x 2 (Bump for confidence booster)
Note: We have used the top deadlift numbers before, so they are nothing the kids haven't tried numerous times, but it's been a while so we did a double as a confidence booster.
Erin Box Squat
45 x 1
45 x 1
45 x 11 - +3 PR Max reps set.
Alec Box Squat
55 x 1
75 x 5
75 x 20 - + 20 pounds PR! Max reps set.
Erin Dumbbell Bench Press
25 x 10
25 x 10
25 x 27 - Huge rep work! Max reps set
Note: 25 total pounds for both dumbbells.
Alec Dumbbell Bench Press
50 x 10
50 x 10
50 x 30 - Huge rep work! Max reps set
Note: 50 total pounds for both dumbbells.
First I can't keep up with Jen....now Ive got these two gonna pass me soon.........
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Let's take a moment away from the Facebook e-mail news to reflect on other key considerations for e-mail marketers.
At ad:tech recently, I ran an all day in-depth seminar on e-mail marketing. Attendees were engaged and represented diverse backgrounds and situations.
Here are some observations and takeaways for e-mail marketers:
The Permission Division
While the power of permission is what makes e-mail a true powerhouse in the digital world (without permission, e-mail is a mere mortal form of direct marketing), the "what about this" scenarios that many ask show a big divide. They agree that "opting in" is the way to go but it is not often the reality in their businesses. The three-year-old sales lists, sister company e-mail databases, and intriguing yet vague promotional names acquired are often too tempting not to add to their main lists or just use to "test the water." While many an e-mail purist may not agree with this, it is the reality.
Relevancy vs. Reality Question
Many of us preach the need to deliver relevant and compelling messages. Many e-mail marketers in the trenches I talked to said, "that's great but my customers and senior management don't care about relevancy – they want offers and something unique and valuable" (it's up for debate on who these e-mail programs are being tailored toward). The interpretation of relevancy's true meaning may be in the eye of the inbox reader, but these e-mail practitioners I spoke to thought relevancy was, to a certain degree, a no man's land talked about by those not responsible for their own e-mail program.
Pencil These Questions In
It doesn't matter who, when, or where, I find these questions always get asked. No one can dismiss them since they continue to be at the forefront of marketers' minds. Some of them actually can define whether your e-mails get read as well.
- What is a good open rate?
- When should I send my e-mails?
- What makes a good subject line?
- What should be in my "from" line?
- How do I grow my list without spending any money?
I love talking to real-life e-mail marketers who aspire for more in their programs and their subscribers' inbox. Sometimes we need to rethink the basics and the fundamental e-mail issues to ensure we all improve – regardless of the latest and greatest threat/compliment to e-mail marketing.
Related reading
When should you use confirmed opt-in?
As an email marketer, I would rather have 100 customers who open and engage with my messages than 10,000 who don't.
A wish for email in 2017
There are so many ways in which email continues to develop and progress, but in one way email still lives in the last decade.
What is email marketing and how do you create a successful strategy?
Email marketing may not be new, but it's still effective, so now is the time to dive into the best ways of mastering it to improve marketing success.
What did we learn from the 2016 US election? Not what you think
As the United States makes way for a new resident in the White House, I've been thinking about the election that led up to it. Others have pontificated about the impact email had on the presidential campaigns, but I'm not buying any of it.


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Twitter external tweet display web app
This project received 11 bids from talented freelancers with an average bid price of $586 USD.Get free quotes for a project like this
Project Budget$250 - $750 USD
Total Bids11
Project Description
Twitter Display for Interaction. Will display tweets with certain user mentions and hashtags in a appealing manner so it can be displayed on a external monitor. Enviroments such as bars and concerts consumers can see there tweets on this display once using hashta or @ certain user.
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Shaj Haque talks Pietro Menga "I've tried to fight him but he looks for every other route but me" watch video >>
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General Question
Is there a way to speed up the eviction process?
Asked by tomathon (768) February 10th, 2013
I bought some foreclosed homes and now I have to deal with 2 deadbeat families that are squatting in two of them. My lawyer says the process takes around 3-weeks before the Marshals or Sheriffs come to throw out the squatters by force and that depends entirely on how the squatters respond during the eviction process.
Is there anyway to speed up this 3-week process?
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Sausage And Egg Pie
|Short crust pastry
|6 Ounce
|1 Cup (16 tbs)
|Chipolata sausages
|To Taste
|To Taste
1) Preheat oven to 400°F. -Gas Mark 6.
2) Prepare the pastry and divide in half.
3) Roll out one part in a circular shape, with a suitable size to line a 7-inch sponge tin by covering base and sides.
4) Place the sausages on the lined sponge tin in a cartwheel pattern by leaving 3 spaces for the eggs.
5) Crack the eggs one by one, in the left out space.
6) Season properly with salt and pepper.
7) Roll out the remainder part of pastry to prepare the covering of the pie.
8) Seal the edges and trim off the excess pastry over the edge.
9) Make a small hole in the centre and brush the pie top with little milk.
10) Place the pie in the middle of a hot oven to bake for 10 minutes.
11) Reduce the heat to moderate (355°F. - Gas Mark 4) and bake for a further 30 minutes.
12) Cut the pie in wedges and serve with salad.
Recipe Summary
Rate It
Nutrition Rank
Nutrition Facts
Serving size
Calories 549 Calories from Fat 382
% Daily Value*
Total Fat 42 g65.3%
Saturated Fat 15.9 g79.6%
Trans Fat 0 g
Cholesterol 391.5 mg130.5%
Sodium 1136.9 mg47.4%
Total Carbohydrates 15 g5%
Dietary Fiber 0.02 g0.06%
Sugars 6.7 g
Protein 27 g53.4%
Vitamin A 9.6% Vitamin C 1.5%
Calcium 17.8% Iron 15%
*Based on a 2000 Calorie diet


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PiroSaintView in iTunes
To preview a song, mouse over the title and click Play. Open iTunes to buy and download music.
Power metal band from Santiago de Chile Pirosaint was formed in 1989, joining a small but powerful and enthusiastic local heavy metal scene. After releasing two demos in 1992 and 1994, the band issued an EP called New God in 1997, followed by an ambitious instrumental project presented as Backgrounds in 1999. To celebrate Pirosaint's first active decade, the group released a compilation called Ten Years From the Emptiness in the year 2000. ~ Drago Bonacich
Top Albums
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Years Active:
'90s, '00s


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Blue Steel
This was a partial solarization on Kodalith sheet film of an original B&W neg. The final print was hand coloured using Marshall's Photo Oils, which are translucent oil paints specifically made for this process. No Photoshop if that wasn't clear.
Part of New Scans of Old Prints.
3,323 views
34 faves
74 comments
Taken on July 29, 2006


text: 16 June 2011 Can't Live Without 'Em: Shorebirds Posted by: John Motsinger | 1 comment If red knots go the way of the dodo, there's a lot more at stake than just losing yet another one of nature's treasures. With the imperiled shorebird species in serious trouble, local communities up and down the East Coast also stand to lose millions of dollars in revenue from avid birders and casual wildlife tourists alike. Each spring, thousands of visitors flock to New Jersey's Delaware Bay to catch a glimpse of numerous shorebirds, including red knots, which swarm onto beach heads in search of eggs deposited by horseshoe crabs. In total, nearly half a million birders pass through the bay area each year, spending between $6 and $10 million on their trips, with an economic multiplier of $12 to $20 million once the money filters through local communities. (Read this full report on bay area ecotourism, prepared for the New Jersey Division of Fish and Wildlife in 2000). But all those dollars could quickly disappear along with the dwindling populations of shorebirds. Fellow Defenders blogger Caitlin Leutwiler recently reported that populations of migrating red knots recorded in southern Chile declined by 5,000, putting the overall population below 25,000. Losing one-fifth of the entire population in a single year is a huge concern, especially since climate change continues to wreak havoc on the red knots' food supply and extreme migration. Many shorebirds rely on the eggs of horseshoe crabs as an essential source of protein in order to complete their long migratory journeys. But overfishing for bait and the biomedical industry have sent the population of horseshoe crabs into a tailspin from which they've yet to recover. With such a reduced population, ocean acidification and the increased frequency and intensity of hurricanes and tropical storms brought on by climate change could deal the species a final blow. The entire ecosystem of horseshoe crabs, shorebirds and other coastal and marine species is at risk unless action is taken to protect them. Red knots are quickly becoming another proverbial "canary in the coal mine" for the snowballing effects of climate change. With one of the longest migrations in the entire world, from the Canadian Arctic to as far as the tip of South America, the loss of red knots will literally be felt throughout ecosystems halfway around the world. That includes the hundreds of business owners and wildlife enthusiasts that benefit from a booming ecotourism industry around the Delaware Bay. Learn more: See how a listing under the Endangered Species Act could save the red knot. Get more background on red knots and see how Defenders is working to save them. [portfolio_slideshow] John Motsinger, Communications Associate John Motsinger is a Communications Associate at Defenders of Wildlife. He handles press coverage for critters in the Northern Rockies and Great Plains as well as Defenders' national work on the Endangered Species Act.


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Modern Witch at Glob Glob Glob
Mario Zoots and Kristy Fenton, the duo behind Modern Witch, are better known in the world of visual art. Just the same, on their first musical project, the two have successfully translated their artistic talent from one medium to another. In the live setting, the group seems equal parts performance art and dark electroclash dub; its auspicious debut performance showed a band that seemed to have arrived fully formed, with an immediately arresting and individual sound in an already crowded field of electronic music. Recalling the recording experiments of Kathleen Hanna for the Julie Ruin album and the hauntingly beautiful yet danceable drones of Broadcast, Modern Witch (due at Glob Glob Glob on Wednesday, October 15) recorded its admittedly super-lo-fi debut album onto VHS. A willingness to experiment like that, exercising the imagination, is clearly what this act is all about.
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