Wednesday, July 22, 2009
Correction: Advance Fee/Deposit/Broker Licenses
######## surrounding the article denotes it is a “press release”
"Regarding registration requirements in New Mexico, the Mortgage Loan Company and Loan Broker Act is specific to the business of providing home loans and mortgages. I see nothing in the Act which requires me to register my company as a commercial equipment lease/loan broker."
(Mr. Bagnato is correct as it applies primarily to those in the mortgage business. There is a "financial institution" regarding loans, but it primarily is for licensed banks and savings and loans, not brokers or lessors.
(There is reportedly a Nevada license requirement, but could not verify this, so not on the list. Editor)
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ELFA Career Center: Job Seekers (free):
CIT: Shoulda, Woulda, Coulda?
Shoulda, Woulda, Coulda? When the economy comes back, the high tide will raise all boats. That have not sunk. Or have been flushed down the toilet.
Despite all the positive reinforcement from industry trade publications from the garment industry, small businesses, and even Leasing News, the government turned down the CIT Group for a "loan extension." It must have felt quite different to be on the other side of the desk being told "no."
This is what the government saw as CIT officially informed the SEC and public in a filing yesterday what was going on inside, they needed $7 billion of unsecured debt to meet its funding needs for the 13 month ending June 30, 2010. They had other serious problems, too. The government was already aware about a July 16 FDIC cease and desist order on unit CIT Bank and a consent agreement with the Utah Department of Financial Institutions (disclosed in a Form 8-K made public.) If CIT does file for bankruptcy relief, it said the FDIC could place CIT Bank into receivership or conservatorship, making assets unavailable to creditors. There goes $2.3 billion from the government, plus brokered deposits the bank purchased. This is what the government saw when they said, "No way! No more." The government bites the bullet, something it has been criticized for doing, and said, "No way. No more!"
So the company went to the bondholders and others saying you can lose a lot more, lend us more, and we'll even pay 13% (prime is zero, basically.) Associated Press reported it at "a minimum of 13%," noting the SEC filing. Ironic the factor for small businesses has little left to factor for itself. Its customer could little complain about the factoring rate, and now CIT is the customer. And to bring in more business, it must sell at a higher rate than its competitors, attracting more subprime business as the better credits go elsewhere.
Then there was talk about letting the CEO Jeffrey Peak go, as GM and other companies let their coaches go. But the story then came out that Peek is owed $14.7 million if he's terminated or there's a change of control at CIT. But then again, is that enough to compensate him for what he has gone through the last 18 months.
Former Chairman Al Gamper got the company back from Tyco, raised the money, then retired as many of the key department heads, operation people, and top sales personnel also retired. They moved the securitization to Arizona and CIT moved into a major building, branding into the consumer market place, hiring a major advertising firm to set the new direction.
In October, 2008, Leasing News questioned the loss of some major department heads such as Walter Owens, President of Corporate Finance, as well as Rick Wolfert "resigning" and Thomas Hallman, "retired," when we interviewed him a few months earlier on his expansion plans in the vendor marketplace.
For those that retired, they worry about their pension. And as to the CIT stock that they earned over the years of employment, perhaps people such as Bob Cragin should have stayed at Harrah's in Reno, Nevada instead of winning the top awards in sales at CIT.
The official second quarter SEC report is due Tomorrow, July 23rd. As one Leasing News reader wrote in "We get emails:"
"CIT should have stayed in its core businesses, equipment financing being one of them. According to insiders, the leasing broker generated portfolio of equipment finance contracts was one of its most profitable divisions. Instead, it cut off all it's brokers, closed its broker program, and went into sub-prime residential mortgages and student loans and got creamed."
Bankruptcy may be CIT's only choice, and hopefully they will not stay in it for very long.
July 21 SEC 8-K Filing:
Owens out at CIT-Is Peek Next?
The hearing for a permanent takeover via First Chicago Bank Trust and Len Ludwig, former major stockholder of First Portland Corporation dba First Corp, sold to IFC Credit Corporation (International Funding Company), Morton Grove, Illinois hearing has been postponed until July 27, 2009 in Cook County Court Municipal Court 1, Illinois.
According to one source, "All sales personnel in the FirstCorp small ticket group have now been terminated. Called a 'layoff' it is what it is. These individuals stuck by this company over the past year (approximately 7 of over 30 from a year ago) when they had their salaries slashed and had their vendors mistreated to the point where the 7 individuals lost the most valuable assets they had in their career - long time vendors who were 'duped' just like the sales people. The ones recently laid off were the top producers in the company over the past 5 years."
The basically leaves at IFC Credit Corporation, Morton Grove, Illinois: David Keenan, Senior Vice President, Controller and Treasurer, Dave Farber, Senior Vice President of FirstCorp Vendor Sales & Marketing, Scott A. Jarnac, Senior Vice President of IFC Middle Market Sales, and Thomas E. Laury as "Project Manager," basically representing Len Ludwig, who is trying to regain control of the company.
Adding to the mix is Marcus Davin, of Benchmark Financial Group, Aliso Viejo, California ,who is telling all those who will listen, when he sold Blue Dot to IFC, he became the third largest stockholder of IFC Credit. One of his then main investors is suing IFC for $1,000,000.
A highly reliable source has told Leasing News all staff have been let go at Pioneer Capital, Addison, Texas, except for Executive Vice-President and General Manager John Boettigheimer.
It also appears Pioneer Capital is in default in several issues, including the recent one of July 21st where Joseph M. Hill, Trustee for the Bankruptcy Estate of Today's Destiny, Inc., filed a "Motion against Pioneer for Turnover of Property Belonging to the Bankruptcy Estate or, Alternatively, Motion to Enforce Settlement Agreement, and in support thereof would respectfully show the Court:
"The terms of the Settlement Agreement stipulated that in exchange for $8,000.00 paid in two installments of $4,000.00 due April 1, 2009 and May 1, 2009, Trustee would release any and all claims against Pioneer and dismiss it from this litigation.
2. Pioneer paid the first installment of $4,000.00 on June 11, 2009, over two months late.
3. Pioneer has refused to comply with the May 1 payment deadline and has not made the second payment of $4,000.00 as specified in the Settlement Agreement."
As reported several banks have filed suit against IFC Credit/First Corp., with MT&T gaining a judgment, several others in the wings not knowing what to do, perhaps not wanting to report to their board such as DZ Bank or Susquehanna, among others.
CoActiv Capital Partners of Horsham, Pennsylvania on July 9, 2009 filed a suit for over $2 million against IFC Credit Corporation, as well as the funding group, plus both Rudolph Trebels and Marc Langs, as individuals. It may be a larger amount, as vendor as still contacting Leasing News.
"One customer has made seven payments to IFC.
"The other customer has not made any payments on his new lease. He had arranged a deal where his advance payments would be applied to settle an older lease with IFC and the new lease would be cancelled. Tom Laury at IFC told me that my customer's cancellation letter would be mailed June 23 or 24. The customer called IFC last week to report that the letter had not been received and was then told that the lease had been sold to CoActiv. Interestingly enough, CoActiv filed a lawsuit against IFC on July 9 for Breach of Contract and Fraud. This week Tom Laury is not returning our calls. He had always been very responsive before...
"Our invoices do not have any verbiage regarding the passing of title. They just cite the purchase order numbers that IFC issued to us. We did not file any UCC's. A recent D&B search on my customers did not show that IFC ever filed a UCC either.
"Like you, I don't believe we will ever be paid, but I was not sure if there was anything further I could or should do. Placing the account with a collector won't cost anything unless something is collected. Going to an attorney will just cost and probably not yield any results....
"I stumbled upon your newsletter a couple months ago while doing an internet search on IFC. I quite enjoy reading it!
"I 'Google' IFC about once per week to see if they have filed bankruptcy."
New Destiny Bankruptcy/Pioneer Capital:
Cook County Contract Complaint:
Previous stories on IFC Credit:
Most Influential Women in Leasing
Send nominations to: email@example.com
They also should meet the caliber of those nominated. To start the list, here are the women who made it to the Top 25 Most
Influential in Leasing:
Laurie Bakke--athlete, sailor, Athletic Hall of Fame - 2000. After learning the finance and leasing business at ITT Commercial Finance, including Manager, Quality Control and Credit Manager, she joined NordFinance, Inc., a subsidiary of Nordbanken, AB, Sweden's largest financial institution, credit manager, vice-president Vendor program, finally named President. She then joined Irwin Commercial Finance as Executive Vice President and General Manager. She brought her vendor and operation skills to Huntington National Bank as Vice President, Vendor Finance. She has served on the board of directors of the Equipment Leasing and Finance Association and on the board of trustees for the Leukemia & Lymphoma Society.
Shari Lipski, CLP--Principal, ECS Financial Services, joining the company in 1999. She was vice-president of Public Funding Company, which was sold to First Sierra Financial, where she became responsible for managing the Chicago branch office, as well as portfolio of vendor services. She has been actively involved in the Equipment Leasing and Finance Association, serving on many committees, Eastern Equipment Association of Lessors, Mid-America Association of Lessors, National Association of Equipment Leasing Brokers, and the United Association of Equipment Leasing, as well as serving on the board of directors of the Certified Leasing Professional Foundation. She has served many companies with her expertise in many areas including marketing and managing a lease portfolio, back-office leasing company operations, sales and personal property tax compliance and consulting. She and her husband Phil are the proud owners of Oak Spring Kennels in Poplar Grove, Illinois.
Cynthia "Cindy" Spurdle---Long time executive director of the Certified Leasing Professional Foundation, who began her career in 1982 Wrigley Group Ltd., a family owned leasing company started by her father. Her late husband and she purchased the business in 1988. "In 1990 I was working on a transaction with a broker in Albany, NY, Gerry Oestreich, who later became President of the NAELB. He told me about a brand new association called the NAELB just getting underway in Atlanta." She took the position as the first Executive Director of the NAELB in 1998 and took over the management of the entire association, except the books, and all of the conferences and meetings for two years. She then went to the Cindy went to the United Association of Equipment Leasing office, helped with the conferences, but main job was the Certified Financial Professional program, which is now a "foundation" that she is the executive director. She is active at many conferences for all the associations, a hard worked, always in the background, gets the job done, above and beyond what is asked of her.
Women Nominated prior to Today:
Bette Kerhoulas, CLP
June Sciotto, CAE
Lisa A, Levine, CAE
Rosanne Wilson, CLP
How to handle Vendor Points
It is common that major companies enter into referral fee or commissions to vendors of equipment, particularly manufacturers or major distributors. Most actually print both their broker and vendor fee commissions.
In this economy, more and more sales personnel are looking for extra dollars to make up for their lack of sales or ability to find financing for their customers. The question of "spiff," such as you may give a restaurant captain for a better table or fee for a seat or better seat at an event, is quite common. Spiffs for business is also becoming more common.
This first appeared in the National Association of Equipment Leasing Broker's Forum on "Ethics and Legal Issues" by Gerry Egan, well-known leasing instructor and guru. With his permission, it is printed here.
"I thank goodness for vendor points!
"This is an interesting discussion and I appreciate all the different posts and points of view. I've never engaged in much debate about the ethics or legality of the 'points' issue since, it seems to me, effective arguments can be made for either side; as has been done here. The only reason I've ever needed for not paying points to vendors has also been clearly articulated here -it doesn't work.
"It's always been presented to me as a way of getting a stream of business but if that's the deciding factor it can just as easily be used by a competitor to take that same stream of business away. Let me ask, rhetorically, is there anyone who pays points, who truly believes that I couldn't come along offering significantly higher points and not take the business away from you? You could get it back, but what would you have to do to get it back? That's the real reason I've always avoided it. It defines the reason to do business as something that I can't control and once the door is open it's all but impossible to close.
"I say thank goodness for vendor points, though, as I credit facing that issue with a large portion of whatever success I've enjoyed over many years in this business. It was about this issue that one of the single best business lessons I ever learned was taught to me by a vendor many years ago. It was a hard lesson and an unpleasant one to learn but, once I accepted it, it totally changed my business for the better, making it both easier and more profitable.
"I was fortunate to have a very difficult vendor with a very strong personality and he wasn't at all bashful about speaking candidly with me. After going around and around a few times about paying points, he told me, in no uncertain terms, that ---from his perspective--- there was no difference between me and any other leasing source and so he wanted the points from me that he could get from others. That was the lesson.
"I realized that it didn't mean diddley-squat what I thought I was doing for him or how special I thought I was; the only thing that mattered was what he thought and his request for points was telling me that he didn't see enough of a difference between me and any other company in any other way. I don't mind telling you that I didn't like hearing or thinking that and you may not either, but if you'll step back from it, and be candid with yourself, you'll realize, too, that's exactly what the whole points issue is telling us.
"Let's prove it. I did to myself. Ask yourself about it this way. If a given vendor believed, (not that you believed, but the vendor believed), that working with you got him something that was completely unique; that he simply couldn't get from any other source; that working with you had a specific, measurable and unique impact on his bottom line; would he require that you pay him points to work with you? That's how I proved it to myself.
"I began to focus my efforts exclusively on things that I could easily measure the impact of. That's how I began my focus on direct marketing and lead generation for my vendors. Every lead I generated was, by definition, a lead they didn't have and was, therefore, both measureable and unique to me. Did it work? Believe it or not, in the ensuing years, I've been asked many more times by vendors if they had to pay me points than I've ever been asked to pay points to them.
"But the dollar value of the points wasn't even the biggest impact on my business. Because I was now in charge of the leads that I worked on, my approval and funding rates skyrocketed, making the business more productive and profitable. The best part, though, was that I now appealed to the more successful vendor reps and was able to start concentrating on them and avoiding the rest. That's how I began focusing on individual, top-performer, vendor sales reps as opposed to focusing on vendor company programs. That's the application of the 80/20 concept many of you have heard me speak about before.
"It was this points issue, though, (and it's been around this industry for as long as I have been and probably a lot longer), that was the catalyst for change for me. I didn't change the vendors. I didn't change the funders. I didn't change the economy. I changed myself and how I looked at my business, (and, ultimately, how I operated it), and that made all the difference.
"For that reason, I say thank goodness for vendor points!"
5621 Departure Drive, Suite 113
Lease Police adds New Feature
"Beginning today we will have a New Feature on all LeasePolice.com reports, "Bernie Boettigheimer, CLP, President, announced. " A Vendor's web page address field has been added on all Vendor records. Many of you do not request this normally on your applications and Vendor Reference Sheets but this is a new idea whose time has come. Since this feature is new, it will take some time for us to get our database fully populated with web addresses, but the uses of this information will have wide ramifications. Let me explain the direction we are going with this move and several others to come:
"In all leasing transactions, we have three basic components--the Lessee, Vendor and the Equipment. Seasoned veterans in the industry understand that each segment is vitally important to the successful repayment to the Lessor. Two vendors can be selling the very same equipment in the same marketplace and have wildly different loss rates on the paper they produce. Despite this knowledge, however, almost all leasing companies focus on just one metric-----the credit worthiness of the Lessee? Elaborate scoring systems have been developed but they only analyze one third of every transaction. In the months ahead it is our plan to develop tools that will allow your credit department to make one stop at the Lease Police file and thus being able to investigate all three components of each transaction. Let's see what we have in our reports already:
More information about Lease Police is available by contacting:
Bernie Boettigheimer, CLP
(does not include those specifically employed in training or education, but who have a similar program as the following entities:)
Mona James, CLP, who was the key person under the late founder Bob Baker's Wildwood Financial, has teamed up with several former key members of Advanta and Marlin Leasing to form Canyon Leasing, a "school" to develop more leasing brokers.
The headline on the web site says:
"Start you Own Leasing Company.”
$19,500 for "Three days of Intense Training at our corporate training center in southern New Jersey...With the exception of a computer, a phone and a fax, there is very little needed to open your lease broker business – no special equipment, no inventory, no shipping costs, no warehousing costs, and no employees."
They also promise a Coaching Program:
"*Daily Phone calls for the first three weeks
"Canyon will also provide you with continuing support in all aspects of your business to include individual transactions, selling processes such as vendor proposals and relationships with funding sources."
Canyon Leasing, Inc.
Program cost: $19,950.00
In 2003, broker/lessor Global Leasing founder Phil Dushey created a new division to train independent salesmen in all the aspects of finance, including leasing ,accounts receivable financing, business acquisitions, debt restructuring, working and venture capital. His students have found great success and he spends most of his time now developing entrepreneurs, who also utilize his knowledge and sources of funds.“
" We are not superbrokers and have never been one. Occasionally we will co-broker a transaction ,but generally we function as a lessor for our own accounts. 2. Our website address for our training is www.globalbrokersystems.com 3 When we train our students we do not have them send transactions through Global. We set them up to deal directly with the lenders. We also require that all lenders who work with our students will automatically approve them to do business with them. Also our current price for the program is $24,950 We also model our training program from the experience we have from being in the business for about 25 years that a broker needs to serve all of the financial needs of their clients ,whether it be equipment leasing ,factoring,acquisitions,SBA Loans or debt restructuring, we do it all."
Philip DusheyGlobal Financial Services
17 State Street
New York NY 10004
Mr. Dushay is also on the Leasing News Advisory Board
Program Cost: $19,900.00
Since 1989 Lease One has been providing superior training along with unprecedented ongoing support to our broker network. With offices from coast to coast we proudly exhibit the foremost training experience available. Our one time initial investment will provide you with the training and support for the lifetime of your venture with no on-going fees (Hotel/Airfare/Materials/Leads are all included in this price).
“The Lease One Opportunity is the only turn key business opportunity that allows you to devote the time necessary to building a business, no need to worry about processing or underwriting your deals; we do it for you, forever! Our unique program is the only one that offers free marketing assistance along with a devoted graphics design department to enable you to creatively attract new customers to your business. Call us today or visit our website ( www.leaseoneopportunity.com ) to learn more about this exciting opportunity. We are Lease One; It's the Lease we can do!”
Joseph L. Angelo Jr.
Formed by Ken Glasgow, President of Corporate Capital Leasing Group, Inc. and Sal Cozza, President of Flexlease Financial, have formed "Leasing Partners, LLC. Glasgow says they will train new brokers, “but will be distinctly difference from other schools. The emphasis
"For $5900 we are offering a three day all expenses included (air, beach front hotel, meals) training session in Naples, Florida. It will be 'No BS' (boring statistics) training geared to enable the Broker to start making money the day they get home."\
"Due to the number of inexperienced people entering or wanting to enter the leasing industry, there have been a number of leasing schools being formed. As you have reported in the past, Corporate Capital Leasing Group, Inc. has had a successful Regional Manager program for over four years in which we have trained people to be Lease Brokers. Thanks to articles about us in Leasing News we have had requests to expand our program.
"We will eliminate the subjects that new Brokers don’t have to know to get started but that they will learn as part of their ongoing training which continues after they return to their office."
"Graduates of our training will have access to our online Bulletin Board that has over 300 posts where Brokers can search for information they need. They get 500 leads a month for the first 6 months together with postcards and mailing labels. We provide a full service back room and through our Agency Agreement access to dozens of funding sources. We can also provide a web site for the Broker if needed including an online application.
"Most important, we offer a formula where the Broker can earn a total refund of their training fee. We will 'Partner' with the Brokers to make sure they are successful. This is a turnkey Broker startup package that includes basic training.
For more information, here is the latest article on Leasing Partners: http://www.leasingnews.org/archives/August%202008/08-13-08.htm#today
Podium Partners is basically an extension of the Goodman & Associates "Complete Lease Broker Training Course." Founded by Ken Goodman, CLP, Goodman & Associates will continue to offer training services and is on the Leasing News Financial & Sales Training list.
"I found that the missing component in that program was day to day ongoing support," Ken Goodman, CLP says." Certainly I was available to my graduates to offer answers to their questions and advise on marketing, but I couldn't commit the time to 'live with them' in terms of deal by deal processing/placement or helping them close a particular lease. This program offers that kind of intimate follow up.
"Rather than requiring clients to buy the whole package, they can choose from a 'menu' of services and buy only the components that interest them. The training program (with hotel costs, an HP17, T-Value and a CD with forms and letter samples) is $8000; we can design a corporate ID Package for them (website, brochure, cards and stationery) for $3000; and the ongoing support program is $600 a month. We think we will appeal to some established brokers who don't like tying up a lot of time on processing and would rather just sell, as well as those people looking for a 'business opportunity' as a new lease broker."
Kenneth D. Goodman, CLP
$19,995 for five “intensive day training” in Atlanta, Georgia . Premier Leasing Academy offer “back office support” for one year and access to over 20 “lenders.”
The caveat also promises “2 full days of Sales and Marketing training to participants as part of the week long course” with Ms. Linda Kester.
A press release states “She will also provide a full year of support via newsletters, email, and teleconferences. Linda has this to say about her decision to partner with Premier Leasing academy, “Jim, David & Randy have a superior level of integrity. Their complete knowledge of the industry and attention to detail makes them a dynamic team. I'm proud to be a part of that team.”
Named as founders are James DuBois, David Hamilton and Randy Russell.
Program Cost: $14,500
The training and support provided will allow individuals to establish their own independent brokering businesses. This program is not a franchise operation and therefore has no future royalty payments due. There is a one time upfront investment. The ongoing business expenses are determined by you.
A five day course taught by Scott Wheeler, CLP. There is no financial requirement or obligation with the application. Upon completing the pre-screening process and being accepted into the program you will be asked to sign an agreement with Wheeler Business Consulting LLC.
With over twenty-six years of leasing experience and an Executive Masters in Business Administration, Scott is an accomplished senior leasing executive with leadership qualities in marketing and operations. His extensive experience will benefit organizations looking to reach a higher level of profitability and corporate development.
Link to articles written by Scott Wheeler:
### Press Release ############################
Quiktrak and Vision Commerce Announce Strategic Alliance
BEAVERTON, Oregon Quiktrak, Inc., an industry-leading field inspection and inventory auditing firm, and Vision Commerce, a pioneer in providing Microsoft .NET front-end automation solutions, announced a strategic alliance whereby Vision will incorporate Quiktrak web functions within the Vision product suite.
Under the agreement, Vision Commerce has integrated Quiktrak's inspection services into the Vision platform through a secure web service. Joint Vision and Quiktrak customers will have direct access to order Quiktrak reports as well interface with the Quiktrak system to view job status and communicate change orders, thereby eliminating the need to reenter job information that already exists within the Vision system.
"We are continually looking for ways to enhance our services through collaboration with other industry leading products. Vision certainly fits this criteria, and as such we are looking forward to building on this relationship," said Quiktrak CEO Greg Froomer.
"Integrating critical need value-added services such as Quiktrak into the Vision application will help our clients streamline and safeguard their businesses," said Steve Lundergan, President of Vision Commerce.
About Vision Commerce, Inc.
For more information about Vision Commerce, call (866)707-9929 or visit www.visioncommerce.com.
Headquartered in Beaverton, Oregon, Quiktrak is a leading provider of a wide range of due diligence services including equipment verifications, site inspections, condition reports, collections and inventory auditing services. Founded in 1991, Quiktrak utilizes cutting edge technology and a network of more than 600 inspectors to provide the industry's most reliable and trusted field inspection services. Quiktrak's due diligence services help protect the assets of industry leading lenders, captive finance groups, and leasing companies in the US, Canada and the UK.
For more information about Quiktrak, call (800)927-8725 or visit www.quiktrak.com.
#### Press Release #############################
Some small businesses still struggle to get financing
Bank of Florida loss swells with Silverton failure
Medical Capital Holdings halted from selling securities
Companies: New Lease Rule Means Labor Pains
Zions Bancorp posts 2Q loss on higher loan losses
Equifax, Fair Isaac Tool Measures Credit Capacity
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Today's Top Event in History
1860-Birthday of Mother Marie Joseph Butler - Irish-born Roman Catholic American nun. As the Mother General of the Congregation of the Sacred Heat of Mary, she began the Marymount school system. She opened 14 schools in the United States , three of which became colleges
This Day in American History
1587-The second English colony established on Roanoke Island off North Carolina . The Roanoke Island Colony, sponsored by sir Walter Raleigh, was established on Roanoke Island, off the northeast coast of what is now North Carolina , under the leadership of Sir Richard Grenville and Sir Ralph Lane . the settlers fared badly and returned to England in June of 1586. In 1587, Raleigh sent out another group under John White, consisting of 117 men, women and children, who landed this day. White returned to England for supplies, but was unable to get back to Roanoke until August 17, 1590, three years later. He found all the colonists gone; the only clue to their fate was the word Croton carved on a tree. The meaning of this remains unexplained and no trace was ever found of the settlers. Whether they met their fate by Indians, a cold Winter, lack of food, or disease is not known. http://personal.pitnet.net/primarysources/ronoake.html
by Charles Ghigna ©
Published: Boyd Mills Press (2003)
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