Automatic Renewal: A Different Perspective

The inclusion of automatic renewal (or “evergreen”) clauses in true leases has been a fairly common practice from time immemorial. There is no question that these clauses provide important protections to the lessor. If the lessee has no intent to renew, the lessor has in interest in knowing it before the end of the term so that he can start planning for remarketing or some other disposition of the equipment.

However, the question of whether a lessee should be reminded by the lessor of the notice deadline in plenty of time for the lessee to react is an entirely different question. As most of us know, some states (namely, New York and Rhode Island) have statutes requiring commercial equipment lessors to provide a written notice – a fair warning – before the notice deadline date arrives. Bills are pending in other states (e.g., Kentucky and New Hampshire). The issue is definitely heating up in the industry.

The rule of “caveat emptor” – or “buyer beware” – began eroding in the consumer finance business in the early twentieth century, and the erosion process started in the commercial finance business not too many decades later. Yet I still hear some lessors say things like, “A contract is a contract. Unless the lessee asked for a prior-notice clause to be included in the lease, he shouldn’t complain if he forgot to mark his calendar and give the required notice. Having a notice statute is ridiculous. We’re already over-regulated in this country!”

Most of the abuses occur in the small-ticket world. Larger lessees have sophisticated “tickler” systems. Consider the corner dry-cleaner, though. He signs up for a three-year lease in 2010. Is he supposed to go to Office Depot and try to find a 2013 calendar and mark the notice deadline date? And the more apt question is: What possible interest does a lessor have in not voluntarily reminding its customer of the notice deadline – unless it’s to create a chance that the lessee will slip up and get trapped in a renewal it does not want?

The stance of the Equipment Leasing and Finance Association (ELFA) on the pending legislation is simple and straight-forward (and I’m paraphrasing here): We, the Association, have a code of ethics for our members, and it says that lease contracts should be easy to understand and absolutely transparent. However, we do not really think that statutory regulation should be forced on the industry. We can police ourselves.

Okay, fair enough. ELFA’s job is to be a fierce advocate, and it shouldn’t be criticized when it does its job. But notwithstanding the official stance of ELFA, every lessor who writes auto-renew contracts and does not have a voluntarily-imposed notice policy should ask itself: By forcing auto renewal on my customer, am I risking my vendor relationship? Is there a chance this customer might repeat with me some day? And given the slowly creeping legislative trend, will the plaintiff’s bar start coming up with more effective arguments that auto-renewal is a legally-actionable unfair business practice? (This author, in a past in-house corporate life, was given the task of helping to defend his employer in such a suit. A half a million dollars later, the employer squeaked out a win.)

But those are not the only questions a lessor might want to ask himself. They all grow out of simple pragmatism – what the German philosopher Emmanuel Kant called the “hypothetical imperative” – and nothing more. But Kant’s “categorical imperative” – the “Do unto Others” question – would be: Would I want that to happen to me? This author represents lessors, not lessees, and so it’s not my purpose to moralize here. It’s simply a question I pose for the thinking lessor.

Michael Witt was Managing Counsel at Wells Fargo & Co and Senior Vice President and General Counsel of Advanta Leasing Corporation. He is now in private practice in Iowa.

witt-law@live.com
Michael J. Witt Law Offices
4342 Oakwood Lane
2nd Floor
West Des Moines, IA 50265
Tel: (515) 868-1067
Web: http://www.witt-law.com

Previous Columns:
http://www.leasingnews.org/Conscious-Top%20Stories/witt_desk.html

(This ad is a “trade” for the writing of this column. Opinions
contained in the column are those of Mr. Michael Witt, Esq.)

[headlines]
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Classified Ads---Asset Management/Collections

(These ads are “free” to those seeking employment
or looking to improve their position)

Minneapolis, MN 16 years leasing experience from micro to large ticket market, variety of equipment. Most recently calling on vendor telecom dealers in Upper Midwest. golfadm@yahoo.com

Santa Barbara CA (will relocate) Experienced Asset Manager of various portfolio's for a bank, broker and leasing company. Utilized specialized remarketing companies to maximize collateral values. Worked remote two years. geoff.taylor@verizon.net | Resume | Reference 1 | Reference 2

Seattle, WA 16 years experience small-ticket market; collections management, bankruptcy, litigation; strong vendor network; CLP Certification 2000- Pinnacle Capital since 2003, previously Irwin Business Finance, Financial Pacific westongerry@gmail.com Resume

Free Posting for those seeking employment in Leasing:
http://www.leasingnews.org/Classified/Jwanted/Jwanted-post.htm

All “free” categories “job wanted” ads:
http://www.leasingnews.org/Classified/Jwanted/Jwanted.htm

((Please click on ad to learn more))
(Leasing News provides this ad “gratis” as a means
to help support the growth of Lease Police)

[headlines]
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Military Personnel Internet Warning

(sent to US Navy personnel)

Subject: STAY ALERT!!!
Importance: High

All Hands

With what happened over the weekend be very vigilant of link embedded e-mails claiming to have pictures or videos of the attack. These will be false, now is the time to protect the network. If curiosity is killing you, and you MUST look at these links....do it at home. I suggest you have your anti-virus on to protect you.

If you do NOT have anti-virus, we can provide you a disk for your home computer (apple, Windows, Windows-64, Symantec and MacAfee) all on one Disk for FREE.

Don't Be Duped!

(sender and other information deleted from this email. editor)

[headlines]
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LEAF Commercial Credit Wells Line of Credit
by Christopher Menkin

At LEAF we provide vendors with financing products and services designed
to do one thing…accelerate their sales.

Further indication about the demise of LEAF Financial comes from a press release from "LEAF Now" marketing director, also noting the web address "LEAFnow.com". The release does state: "LEAF Commercial Capital, Inc. (the “Company”), the commercial finance subsidiary of Resource America, Inc. (NASDAQ: REXI)." It announces a $60 million “participant” in its revolving senior debt facility that is arranged and managed by Guggenheim Securities, LLC with the Lender Finance Division of Wells Fargo Capital Finance, part of Wells Fargo & Company (NYSE: WFC).

It is similar to the $75 million LEAF had previously with Wells Fargo. It will be interest if Resource America posts the lending agreement with their SEC filings. It could be that Guggenheim is on the paper now, which would make the deal different for Wells Fargo from before. The rates are generally not as competitive as elsewhere with this division, but it does make the money available.

It certainly does give LEAF Commercial the capacity to go head to head with the bigger independents, but the rate will not get them into the "A" business without “Evergreen Clause” leases. As noted in an earlier article, the vendor channel is saturated with a bombardment of leasing companies. Most are hungry, highly knowledgeable in the field and very hands-on service oriented. Vendor business has changed and passing all or part of the risk through vendor recourse isn’t happening anymore. The movement also is toward franchisors and "captive lessor" underwriting business. We are back to “cost of funds” to get into the main stream, not who is the fastest or most liberal.

The “mission theme” under the logo shows the move to go after vendors, not get back into the independent broker business. I don't think Guggenheim will approve going after broker business. You may believe brokers won't come back to LEAF, but the same was said about Marlin Leasing and when they opened their doors to a few selected brokers, Leasing News received emails from those who could not make it back complaining they wanted to do business with Marlin, although they had written earlier they would never return. The marketplace is tight and brokers are very active in looking for new sources. Some are quite desperate.

 

[headlines]
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"Broker/Lessor" looking for broker business

In putting together the "Funders looking for Brokers," many who attempted to be on this list were truly "broker/lessors" as they were not recourse on the transactions.

In an effort to list "Broker/Lessors" this list was started. All Leasing News lists are free.

The requirements for "Broker/Lessors" seeking broker business are to be listed on the Leasing News "Broker/Lessor A" list: http://www.leasingnews.org/Brokers/broker_Lessor.htm with a complete listing (answer to questions) as well as answering these questions with a "Yes" or "No":

A - City Business License | B- State License | C - Certified Leasing Professional |
D - State(s) sales/use tax license |E - Named as "lessor" on 50% or more of lease contract signed. | F - Accepts sub-broker business l G -Back Room - has a dedicated back room operation

Name City, State Contact Website Leasing Association	YCS YELB (see above for meaning)	# of Empl.	Geographic Area	Minimum Dollar Amount	A	B	C	D	E	F	G
Taycor Financial Los Angeles, California Bob Skibisnski bob@taycor.com 800.322.9738 310.568.9900 www.taycor.com	1997	18	Nationwide	$5,000 to $5MM	Y	Y	N	Y	Y	Y	Y
Affliated Investment Group, Inc. Cedar Park, Texas Jim Lahti, CLP jrl@affliatedinvestment.com 512-336-7335 www.affliatedinvestment.com NAELB	1991	4	National	$15,000 to $1 MM	N	N	Y	Y	Y	Y	Y

NAELB Broker Exchange Grows to 25

The Broker Referral Exchange now members 25 participants of the National Association of Equipment Leasing Brokers (NAELB). They are on the web page above as a courtesy to its members. The "Exchange" is not sponsored by the association; however, to utilize the "Exchange” you need to be a member, as well as abide by the code of ethics of the association.

The "Exchange" consists of NAELB brokers who have indicated that they have discovered special funding sources for geographic areas, perhaps not known to others or available to others. These brokers may be able to help other NAELB brokers secure funding. They may charge a fee for their services. The advantage, and purpose, is to help both new and experienced brokers with transactions as they have specific sources they believe would have a better chance of approval as they are not “cookie cutters.” Also what in reality comes with experience is knowing who takes what and why and placing them in these sources that they have cultivated.

There is a disclaimer on the website:
“This webpage is here for the use of NAELB members to help each other fund transactions. The NAELB does not guarantee the accuracy of the information provided to us about the funding sources. We are merely providing an organized, easy way to use the resources of our members. It is up to you to choose who you do business with as the NAELB makes no representations about the business practices of the member listings.”

Member Benefits:
http://www.naelb.org/displaycommon.cfm?an=1&subarticlenbr=125

Website: NAELB.org

Leasing Industry Help Wanted

High Compensation to High Achievers Leasing Subsidiary of a National Bank Holding Company looking for experienced professionals (10+ years of experience in commercial finance industry) who can originate a volume of bank-qualified credits (primarily SEC reporting companies). Average transaction size from $1-20MM. Enjoy private office in our Southern California location. We offer excellent commission with a draw. Send resume in strictest confidence to: rose.jones98@yahoo.com

Please see our Job Wanted section for possible new employees.

Leasing News Help Wanted Ad Pricing

Help Wanted Web Ad New Programs Classified Ad Section  (rotates chronological above headlines and  also appears in Classified Ad section.) * 15 days in a row: $395 four lines (a space is a line) ($25 each additional line or space) 30 days in a row: $595 four lines (a space is a line)  ($40 each additional line or space) Design work is free. Logo is free as well as company description not to exceed the number of lines of the ad. Also free: click to a click to a web site or a full description of the position. Ads are placed in the "Help Wanted' section by category, alphabetical, with the ad with the most lines first in the group. They appear on the web site and in each news edition at the top in a rotation basis per issue. * Help Wanted” ads  appear in each issue on a chronological basis above the top headline as a courtesy. This position is not available as a paid position, but is generally on a rotation basis.  At the same time, the ad continues in the classified help wanted section in the news edition and web site, so in effect appears twice. Leasing News reserves the right to refuse advertising, particularly to a company that has appeared in the complaint bulletin board

Letters?---We get eMail

Goodbye LEAF Financial by Christopher Menkin
http://leasingnews.org/archives/Apr2011/4_29.htm#goodbye_leaf

Perhaps one of the most insightful commentaries about the business I've heard lately. Right on. Thank you Kit. It is the greed of that portfolio, with no plan for sustenance, which has made it almost impossible for us brokers to offset the wrongdoings. We offer the value added of personal service, but it all goes down the drain with this type of takeover and function. Believe it or not, after almost 10 years of being a solo broker, I still get calls with complaints from accounts that were sold in this manner, way back when.

Sonia v.M.Stoddard
STODDARD & ASSOCIATES
Best Practices Broker
SoniavMStoddard@aol.com

“Nice article today about LEAF. As you mentioned in an article on Wednesday, their only division writing any business is the copier group in Moberly. There are no sales experts in Moberly. They are getting business simply from their rates which happen to be the lowest in the marketplace, 150~200 bpts below industry average. Its all smoke and mirrors. Mgt in Philadelphia think that they can put a rate sheet on the streets with extremely high residuals and make money.... That was tried before and failed miserably. High residuals spell disaster when all this copier equipment is returned. The leaders of this company have learned nothing from the most recent economic downturn and it won’t be long until they are all unemployed.

(Name with held)

LEAF Copier Rates:
http://www.leasingnews.org/PDF/LeafRates_511.pdf

From a well-known, respected person in the leasing industry:

“I agree, those rates look very aggressive with a stream rate of 5.71% on the 60-month deal. Leaf must be getting a rate participation (rate buy down) from the vendor otherwise it’s a stupid deal. Rate participation deals for sales promotions are common in the copier biz.

“I agree, those rates look very aggressive with a stream rate of 5.71% on the 60-month deal. Leaf must be getting a rate participation (rate buy down) from the vendor otherwise it’s a stupid deal. Rate participation deals for sales promotions are common in the copier biz.

"If the vendor offers the 5.71% promotional rate to a customer, the vendor would have to discount their invoice to Leaf by 6%. That might be doable.

"I suspect Leaf is comfortable with impacting 10% on 60-month deals and probably a little more for 36-months. But I think Dave English (Chief Investment Officer) wouldn’t allow more than that. He’s an old GE vendor finance guy."

(name withheld)

 

As Terry Winders in #102 said in your edition Monday:

"This is also common approach in the copier leasing business where often an “Evergreen clause” is the answer to the residual when the lessee doesn’t notify the lessor that they intend to purchase. It is legal in most states. It puts the burden on the lessee to recognize the end of the original termination of the lease contract. Whether it is ethical or not, which I think it is not, it is practiced on equipment that does not have a high obsolescence and you should be aware of this as you can sell against it because most often the end user will not come back to company that put them in this predicament."

Additional Vendor Programs---Leasing #102
http://leasingnews.org/archives/May2011/5_02.htm#vendor

 

Leasing Icon Robert Krause Retires
http://leasingnews.org/archives/Apr2011/4_19.htm#krause

“Many thanks for the kind article. I'm going to make a real effort to believe all the nice things you said about me.”

Bob Krause

“Bob Krause was my original mentor when I moved from the captive automotive leasing area into the general leasing industry. He will be sorely missed as he was one of our industries good guys.”

Bob Underwood
Specialty Funding

Dear Kit,

Please remove me from your email. I will no longer be doing leasing. As luck would have it my new neighbor, who retired at 39, has gotten me into the stock market and made it more interesting than fearful. And it beats cold calling!

Thanks for the years of interesting reading.

Continued Good Luck,

Jerry Bernardy
Commonwealth Capital

 

“I believe you printed something in your newsletter in order to help out this organization. I can't remember when, but it was probably in the last 6 months. I thought you'd like to know they did get their grant from Pepsi to purchase a replacement "rescue van".

http://www.refresheverything.com/westhancockcaninerescue

Thanks for your help in sharing their story.

Sincerely,
Gary Trebels

[headlines]
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New "Nigeria" email

In the early days of the internet, what was prevalent were requests from Nigeria, then other African countries with promises of sharing money for help. Here is the latest:

Dear Friend,

It's my pleasure to contact you for a business investment which I want to establish in your country, though I have not met you before but wishes to contact you through email which I think is the fastest and easy way of communication these days. I am personal aid to Col Muammar Gaddafi, who is now facing war with the NATO coalition

Since I observed that the war has taken a drastic shape and it will be very difficult to resolve the crises and restore my Boss Col Muammar Gaddafi to Power. I have been able to divert a Crude Oil payment to unknown destination for safe keeping. This will now serve as my gratuity and establishment in life, since he has been very cruel and wicked to us.

I have been subjected to so many difficult tasks by his tyrant attitude and neglect to mankind. That is why I am soliciting for your kind understand to assist me receive in your custody the sum of Eleven Million and Seven Hundred and Sixty Thousand United States Dollars ( US$11.760 Million) for my establishment and subsequent disbursement in your country as I do not intend to return back even after the war.

Right now I have been able to move out of my country and wish to have a quick response from you, so that I could give out to you all the vital documents and information concerning the money. I will give the security Company your name and contact information as the bonafide beneficiary of the funds for immediate release.

This piece of information requires absolute confidentiality as you can understand that I am just hanging out here without much on me. I need your truthful cooperation, so that I can take care of my family and many other dependants scattered all over Italy, Tunisia and other countries.

Your swift response will be of great importance to me, because we do not really need to waste time over this matter. I need your contact number and mailing address for better correspondence. I look forward towards a healthier business opportunities with you in any area that will be profitable. This will be 100% risk free transaction

Hassan ibrahim
hassan.ibrahimm1@gmail.com

(The gimmick is opening a joint account to transmit the money, requiring you to put some money in the account to make it work. Guess what happens next. Editor)

Comprehensive personal property tax outsourcing services We accept file exports and integrate personal property tax information with all lease management or accounting software. No other firm offers the combination of individual attention, software capabilities expertise, "full disclosure" and web port accessibility to information more than we do. Click here to learn what our clients say about our service Gary DiLillo, President 216-658-5618 or gary@avptc.com

### Press Release ############################

Alta Group Launches Financial Service Industry Blog

www.thealtagroup.com/blog

RENO, NEVADA, – The Alta Group, a leading international management consulting firm, announced the launch of an interactive website designed to stimulate discussion among professionals in the asset finance industry, as well as executives responsible for equipment acquisition and marketers who offer sales-aid finance to customers.

The website features several posts contributed by various Alta Group consultants on trends and current topics in an industry that is undergoing a historic transformation shaped by new regulatory pressures, the recession, more sophisticated customers and changing asset markets, especially information technology. The online content relates to the consulting firm’s five distinct practice areas aligned with the business growth needs of Alta’s clients: management consulting, mergers and acquisitions, professional development, vendor and captive lease programs, and legal support services.

“We hope that our postings stir candid discussion and provide insight for anyone involved in acquiring equipment, launching asset finance programs or managing a company in the $500 billion global equipment finance industry,” said John Deane, CEO of The Alta Group. “We encourage the free flow of ideas and comments and expect it will grow in popularity over time as our industry increasingly uses social media.” In the first two days after its launch last week, it was reported that the blog site experienced a 26 percent click-through distribution rate from The Alta Group's quarterly e-newsletter distributed on the same day as the website launch.

The current discussion topics are authored by Senior Managing Director Bruce Kropschot, discussing current mergers and acquisitions conditions, and Managing Director Paul Frechette, highlighting best practices in today’s vendor and captive finance market. Director David Wiener is featured in a video spot about the vital role of independent lessors in the economic recovery. The current discussion topics are:

• Back to the Future: Best Practices in Vendor Finance Mirror the Past
  What’s the Leading Deal Killer in Today’s M&A Market
  Independents: DNA of Leasing

The Alta Group’s interactive website is at www.thealtagroup.com/blog.

About The Alta Group
The Alta Group is the equipment leasing and finance industry’s preeminent global consultancy, offering clients the unique combination of experience, expertise and executable counsel. The more than 40 executives worldwide have held senior management positions in public and private equipment leasing companies, manufacturers, banks and other financial services institutions. The Alta Group’s major practice areas include mergers and acquisitions; vendor and captive finance; legal support services, professional development; and management consulting. The firm is observing its 20th anniversary in 2011. To learn more, please visit www.thealtagroup.com.

#### Press Release #############################

John Kenny Receivables Management www.jrkrmdirect.com • End of Lease Negotiations & Enforcement • Fraud Investigation • Credit Investigations • Asset Searches • Skip-tracing • Third-party Commercial Collections The Solution to Your Credit & Accounts Receivable Needs John Kenny 315-866-1167 |  John@jkrmdirect.com

(Leasing News provides this ad as a trade for investigations
and background information provided by John Kenny)

San Rafael, California-- Adopt-a-Dog

PJ

“PJ is a black Lab & pit mix. He has the best disposition of both breeds: GENTLE, MELLOW, & ATTENTIVE. He also has good social instincts with other dogs. He is affectionate and we are told he will be a wonderful companion for a mature person who likes to go out for a walk. Keeping company with his favorite human is what he enjoys most in life. His new home should have a back yard with tall, secure fencing because he can scale fences with ease. “

For more information:
gumbear@pacbell.net

All Creatures
ANIMAL CARING SOCIETY
P. O. Box 3664 / San Rafael, California 94912
415-456-1941
email to: lyncat1@sbcglobal.net
www.allcreaturesmarin.org

Adopt-a-Pet by Leasing Co. State/City
http://www.leasingnews.org/Conscious-Top%20Stories/Adopt_Pet.htm

Adopt a Pet
http://www.adoptapet.com/

--- News Briefs

U.S. Sues Deutsche Bank Over Loan Practices
http://www.nytimes.com/2011/05/04/business/04mortgage.html?ref=business

Demand for Small Cars Pushed April Sales Up 18%
http://www.nytimes.com/2011/05/04/business/04auto.html?ref=business

Kendra Wilkinson eliminated from "Dancing with the Stars"
http://www.people.com/people/article/0,,20486859,00.html

You May Have Missed----

Twitter report near scene of Seals landing
http://blogs.wsj.com/indiarealtime/2011/05/02/from-abbottabad-live-tweeting-the-bin-laden-attack/

(This ad is a “trade” for the writing of this column. Opinions
contained in the column are those of Mr. Terry Winders, CLP)

Sports Briefs----

Pac-12 gets richest TV deal
http://www.sfgate.com/cgi-bin/article.cgi?f=/c/a/2011/05/03/SPR91JB9EI.DTL

California Nuts Briefs---

Most school districts passing parcel taxes
http://www.mercurynews.com/campbell/ci_17986493?nclick_check=1

“Gimme that Wine”

A Little Brother for Pétrus
http://www.nytimes.com/2011/05/04/dining/04pour.html?ref=dining

Free Mobile Wine Program
http://leasingnews.org/archives/Feb2010/2_26.htm#mobile

Wine Prices by vintage
http://www.winezap.com

http://www.wine-searcher.com/

US/International Wine Events
http://www.localwineevents.com/

Winery Atlas
http://www.carterhouse.com/atlas/\

Leasing News Wine & Spirits Page
http://two.leasingnews.org/Recommendations/wnensprts.htm

    1494- Christopher Columbus discovered Jamaica. The Arawak Indians were its first inhabitants. This was his second journey. His first he basically discovered Cuba, and on his third Trinidad, and on his fifth trip, 1502-1504, Martinique, exploring the coasts of Nicaragua, Costa Rica, and Panama. He brought a lot of slaves back to Spain, his main find in the islands. The Pope was requested to intervene in the brutality by Columbus’s men and issued a decree dividing the new world between the Spanish and Portuguese.
    1626-Dutch colonist Peter Minuit arrived on the wooded island of Manhattan in present-day New York. He bought Manhattan for $24, but from a tribe in Brooklyn, almost like buying the Brooklyn Bridge. The story has been repeated so many times school children believe the borough was bought for beads. Ironically, he Dutch had already established the town of New Amsterdam at the southern end of the island. The American Indians had no comprehension of land ownership. Shortly most of them were wiped out by small pox, influenza, and a host of diseases brought from Europe in which
they had no immunity.
(lower half: http://memory.loc.gov/ammem/today/may04.html )
    1746- The Moravians in Pennsylvania established the Moravian Women's Seminary at Bethlehem. It was the first educational institution of its kind established by the "Unitas Fratrum" in (colonial) America.
    1776 - Rhode Island declares independence from England.
    1778-The Continental Congress voted to ratify two treaties signed by representatives from the United States and France in Paris three months before, clearing the way for France to enter the American Revolution on the side of the United States. The Treaty of Amity and Commerce recognized the US as an independent nation and encouraged trade between France and the America, while the Treaty of Alliance provided for a military alliance against Great Britain, stipulating that the absolute independence of the US be recognized as a condition for peace and that France would be permitted to conquer the British West Indies. With the treaties, the first entered into by the US government, the Bourbon monarchy of France formalized its commitment to assist the American colonies in their struggle against France's old rival, Great Britain. The eagerness of the French to help the United States was motivated both by an appreciation of the American revolutionaries' liberal democratic ideals and by a bitterness at having lost most of their American empire to the British at the conclusion of the French and Indian Wars in 1763. France had been secretly providing aid to the United States since the outbreak of the American Revolution in 1775, and in 1776, the Continental Congress appointed Benjamin Franklin, Silas Deane, and Arthur Lee to a joint diplomatic commission to secure a formal alliance with France. However, it was not until 17 October 1777, and the US victory over the British at the Battle of Saratoga, that the French became convinced that the Americans were committed to the struggle and thus worthy partners in a formal alliance.
On 06 February 1778, the Treaty of Amity and Commerce and the Treaty of Alliance were signed, and on 04 May, the Continental Congress ratified these treaties. On 17 June, war between Britain and France began when a British squadron fired on two French ships. During the US War of Independence French armies and naval fleets proved critical in the defeat of the British, which culminated at the Battle of Yorktown in October of 1781.
    1796-Birthday of Horace Mann, American educator, author, public servant, known as the "father of public education in the US," was born at Franklin, MA. Founder of Westfield (MA) State College and editor of the influential Common School Journal. Mann died at Yellow Springs, OH, Aug 2, 1859.
    1850--A second Great Fire broke out in the United States Exchange, a saloon and gambling house. The fire burned 300 buildings and caused $4,000,000 damage.It is interesting that on the same date, one year later, the 5th Great Fire almost destroyed San Francisco. The entire business district was destroyed in 10 hours. 18 Blocks, 2,000 buildings
    1851-First major San Francisco fire
http://www.sfmuseum.org/hist5/5-51fire.html
    1863- The Battle of Chancellorsville ends when Union Army retreats.
    1864- General Grant's Army at Potomac attacks at Rappahannock
crosses Rapidan and begins his duel with Robert E Lee
http://lcweb2.loc.gov/cgi-bin/query/r?pp/cwp:@field(NUMBER+@band(cwpb+01175))
http://www.civilwar-va.com/virginia/va-central/1864tour.html
    1864- Over the objections of President Lincoln, the House of Representatives on this date passed the Wade-Davis Reconstruction bill, containing stiff punitive measures against the South that if put into law would have destroyed Lincoln’s more moderate reconstruction aims. The bill was also adamantly opposed by Radical Republicans, led by Thaddeus Stevens for whom it was insufficiently severe in its treatment of the Southern rebels. Lincoln eventually killed the bill by using the pocket veto. When Andrew Johnson became president, following Lincoln’s assassination, he basically abandoned all Lincoln’s reconstruction plans and set up to punish the South.
    1864 - Union General Ulysses S. Grant's forces cross the Rapidan River and meet Robert E. Lee's Confederate army.
    1886 - Chichester Bell and Charles Tainter received a US patent for the graphophone. This invention replaced Thomas Edison's phonograph, and featured wax-coated cylinders. These were considered an improvement over the phonograph's tinfoil cylinders, which had been delicate and difficult to remove.
    1891-The first hospital open to all races as a matter of policy was the Provident Hospital, Chicago, Ill. Although primarily for African-Americans, there was no racial barrier to the admission of patients or staff appointments of physicians. Dr. Frank Billings was chief consulting physician. Dr. Christian Fenger, chief consulting surgeon; and Drs. Ralph N. Isham and Daniel Hall Williams, attending surgeons. A nursing school, the Provident Hospital Training School Association, was connected with the hospital.
    1894—Bird Day began.
http://memory.loc.gov/ammem/today/may04.html
    1896- Labor union unrest at Chicago led to violence when a crowd of unemployed men tried to enter the McCormick Reaper Works, where a strike was underway. Although no one was killed, anarchist groups called a mass meeting in Haymarket Square to avenge the “massacre. When the police advanced on the demonstrators, a bomb was thrown and several policemen were killed. Four leaders of the demonstration were hanged and another committed suicide in jail. Three others were given jail terms. The case aroused considerable controversy around the world.
    1891-Birthday of American composer, Frederick Jacobi, born San Francisco, CA.Jacobi was one of the founders of the U.S. League of Composers in 1923 and served on the American board of the International Society for Contemporary Music in the 1920s and 1930s. His compositions were played by leading orchestras across the country, from A California Suite (San Francisco Symphony Orchestra, 1917) to his Serenade for Piano and Orchestra (Indianapolis Symphony Orchestra, 1952). The Austrian section of the ISCM gave a special performance of Jacobi’s works at the ISCM Congress in Vienna in 1932. He died 24 October 1952
    1905- Honky Tonk singer Al Dexter was born in Jacksonville, Texas. He perfected his style in the oil-boom dance halls of East Texas. And he recorded one of the first songs to have the word "honky tonk" in its title, "Honky Tonk Blues." Dexter, who died in 1984, is best known as the composer of the wartime hit, "Pistol Packin' Mama."
    1909- Tel Aviv founded. In 1910, the suburb was named Tel Aviv after Nahum Sokolow's translation of Altneuland, Herzl's fictional depiction of the Jewish State.
http://www.wzo.org.il/home/dev/ta1.htm
http://www.wzo.org.il/home/aliyah/aliya2b.htm
http://alpha.furman.edu/~mcknight/cr9.htm
http://www.ddtravel-acc.com/tel.htm
    1926-Drummer Sonny Payne birthday, New York City
“Atomic Bomb” Basie album, best known for. Died Jan 29, 1979 in Los Angeles, CA
http://www.drummerworld.com/drummers/Sonny_Payne.html 
http://www.angelfire.com/mac/keepitlive/drummers/Payne/payne.htm
http://www.artistdirect.com/music/artist/bio/0,,477721,00.html?artist=Sonny+Payne
    1928- Canadian jazz trumpet player, “screamer,” Maynard Ferguson was born in Montreal. He went to the US at the age of 20, playing in the big bands of Boyd Raeburn, Jimmy Dorsey, Charlie Barnett and Stan Kenton. Ferguson won the Down Beat magazine reader's poll for trumpet in 1950, '51 and '52. He later formed his own big band, which in the 1970's turned in a jazz-rock direction. Ferguson's recording of "Gonna Fly Now," the theme from "Rocky," was a major hit single in 1977.
http://www.gr8music.com/Ferguson%2C_Maynard/mf-bio.html
http://www.maynard.ferguson.net/
http://www.super8filmmaking.com/maynard/maynard.htm
    1929-Birthday of Audrey Hepburn, whose first major movie role in Roman Holiday (1953) won her an Academy Award as best actress, was born near Brussels, Belgium. 
Here real name was Edda Van Heemstra Hepburn-Rusten.She made 26 movies during her career and received four additional Oscar nominations. During the latter years of her life Hepburn served as spokesperson for the United Nations Children's Fund, traveling worldwide raising money for the organization. Audrey Hepburn died Jan 20, 1993, at Tolochenaz, Switzerland. Even when dying of cancer, she traded ceaselessly in Third World countries, always for the children, never stinting, giving everything she had.
Answering a reporter's question about why she worked so hard for UNICEF, she answered simply, "I do not want to see mothers and fathers digging graves for their children." One can only guess that she saw too much of that when as a girl she was accidentally trapped in Holland during World War II. She suffered extreme hardships during the war and several of her relatives and friends were executed by the Nazis. AH acted as a courier for the underground. She even had to eat tulip bulbs when food supplies ran out or they were confiscated by the Germans just before the Allied troops freed the Netherlands.
    1932 - Public Enemy Number One, Al Capone, was jailed - in the Atlanta Penitentiary - for tax evasion. After a long reign atop Chicago's seething Underworld, the law finally nabbed Al Capone in the fall of 1931. Following a high-wattage trial, the notorious mob kingpin was sentenced to an eleven-year jail term and forced to pay $80,000 in fines. But, while Capone was an alleged killer, as well as the force behind gambling rings and bootlegging networks, his trip to prison wasn't tied to any of these eminently punishable enterprises. Rather, Capone had been tripped up for repeatedly failing to pay his taxes. Capone's fiscal offenses, which had been unearthed by the band of Treasury agents now enshrined in pop-culture history as the "Untouchables," landed him first in an Atlanta prison; two years into his term, Capone was shuttled to the recently opened Bay Area prison, Alcatraz. However, Capone never served out his sentence: suffering from an advanced bout of syphilis, he was set free in 1939 favor of an extended stay in a Baltimore hospital.
    1937-Bassist Ron Carter birthday, Ferndale, MI
http://www.roncarter.net/officialSite.html
http://www.vh1.com/artists/az/carter_ron/bio.jhtml
    1939-- In his first-ever at-bat in the city of Detroit, rookie Ted Williams becomes the first player to hit a homer which totally clears the right field seats at Briggs Stadium.
    1940-Duke Ellington bad records “Cotton Tail,” “Don’t Get Around Much Anymore” for Victor.
    1942 - The Battle of the Coral Sea commences. 
    1942- The United States begins food rationing.
    1942-POWERS, JOHN JAMES Medal of Honor
Rank and organization: Lieutenant, U.S. Navy. Born: 13 July 1912, New York City, N.Y. Accredited to: New York. Other Navy award: Air Medal with 1 gold star. Citation: For distinguished and conspicuous gallantry and intrepidity at the risk of his life above and beyond the call of duty, while pilot of an airplane of Bombing Squadron 5, Lt. Powers participated, with his squadron, in 5 engagements with Japanese forces in the Coral Sea area and adjacent waters during the period 4 to 8 May 1942. Three attacks were made on enemy objectives at or near Tulagi on 4 May. In these attacks he scored a direct hit which instantly demolished a large enemy gunboat or destroyer and is credited with 2 close misses, 1 of which severely damaged a large aircraft tender, the other damaging a 20,000-ton transport. He fearlessly strafed a gunboat, firing all his ammunition into it amid intense antiaircraft fire. This gunboat was then observed to be leaving a heavy oil slick in its wake and later was seen beached on a nearby island. On 7 May, an attack was launched against an enemy airplane carrier and other units of the enemy's invasion force. He fearlessly led his attack section of 3 Douglas Dauntless dive bombers, to attack the carrier. On this occasion he dived in the face of heavy antiaircraft fire, to an altitude well below the safety altitude, at the risk of his life and almost certain damage to his own plane, in order that he might positively obtain a hit in a vital part of the ship, which would insure her complete destruction. This bomb hit was noted by many pilots and observers to cause a tremendous explosion engulfing the ship in a mass of flame, smoke, and debris. The ship sank soon after. That evening, in his capacity as Squadron Gunnery Officer, Lt. Powers gave a lecture to the squadron on point-of-aim and diving technique. During this discourse he advocated low release point in order to insure greater accuracy; yet he stressed the danger not only from enemy fire and the resultant low pull-out, but from own bomb blast and bomb fragments. Thus his low-dive bombing attacks were deliberate and premeditated, since he well knew and realized the dangers of such tactics, but went far beyond the call of duty in order to further the cause which he knew to be right. The next morning, 8 May, as the pilots of the attack group left the ready room to man planes, his indomitable spirit and leadership were well expressed in his own words, "Remember the folks back home are counting on us. 1 am going to get a hit if 1 have to lay it on their flight deck.'' He led his section of dive bombers down to the target from an altitude of 18,000 feet, through a wall of bursting antiaircraft shells and into the face of enemy fighter planes. Again, completely disregarding the safety altitude and without fear or concern for his safety, Lt. Powers courageously pressed home his attack, almost to the very deck of an enemy carrier and did not release his bomb until he was sure of a direct hit. He was last seen attempting recovery from his dive at the extremely low altitude of 200 feet, and amid a terrific barrage of shell and bomb fragments, smoke, flame and debris from the stricken vessel.
    1945--KINSER, ELBERT LUTHER Medal of Honor
Rank and organization: Sergeant, U.S. Marine Corps Reserve. Born: 21 October 1922, Greeneville, Tenn. Accredited to: Tennessee. Citation: For conspicuous gallantry and intrepidity at the risk of his life above and beyond the call of duty while acting as leader of a Rifle Platoon, serving with Company I, 3d Battalion, 1st Marines, 1st Marine Division, in action against Japanese forces on Okinawa Shima in the Ryukyu Chain, 4 May 1945. Taken under sudden, close attack by hostile troops entrenched on the reverse slope while moving up a strategic ridge along which his platoon was holding newly won positions, Sgt. Kinser engaged the enemy in a fierce hand grenade battle. Quick to act when a Japanese grenade landed in the immediate vicinity, Sgt. Kinser unhesitatingly threw himself on the deadly missile, absorbing the full charge of the shattering explosion in his own body and thereby protecting his men from serious injury and possible death. Stouthearted and indomitable, he had yielded his own chance of survival that his comrades might live to carry on the relentless battle against a fanatic enemy. His courage, cool decision and valiant spirit of self-sacrifice in the face of certain death sustained and enhanced the highest traditions of the U.S. Naval Service. He gallantly gave his life for his country.
    1945 - On Okinawa, the Japanese 32nd Army counterattacks. Artillery that was formerly concealed is used to support infantry charges. The US 7th and 77th Divisions hold the assaults. Meanwhile, the US 1st Marine Division attacks Machinato airfield and suffers heavy losses. At sea, Kamikaze attacks sink 14 small ships and damage the escort carrier Sangamon, 1 destroyer, and other ships. Some 131 Japanese planes are claimed to be shot down. The British carrier Formidable is damaged by a Kamikaze attack off the Sakishima Islands.
    1945--Stan Kenton records "Tampico."
    1945 - Donitz sends envoys to the headquarters of Field Marshal Montgomery, at Luneburg Heath, and they sign an agreement, at 1820 hrs, for the surrender of German forces in Holland, Denmark and northern Germany. The Germans also agree to the Allied demand that German submarines should be surrendered rather than scuttled -- in the German naval tradition. The surrender becomes effective on May 5th. Meanwhile, in continuing fighting to the south, Salzburg is captured by American forces. Other units push into Czechoslovakia toward Pilsen. German forces conduct rearguard actions, in northern Germany, in Czechoslovakia and Austria, as the bulk of the German forces attempt to disengage and reach the Anglo-American lines
    1948-Author Norman Mailer’s first book is published, ”The Naked and the Dead.”
http://www.kirjasto.sci.fi/nmailer.htm
http://www.pbs.org/wnet/americanmasters/database/mailer_n.html
    1948--Birthday of American composer John Newell in Charlotte, NC. An accomplished pianist and conductor, he founded and conducted the Berkshire County Chamber Orchestra in Pittsfield, Massachusetts. For the past twelve years he has served as music director for the Congregational Church of Worthington, Massachusetts. He is affiliated with Broadcast Music, Inc. and is an artist member of the American Music Center. He publishes his work through Abierto Music.
    1956---Top Hits
Heartbreak Hotel/I Was the One - Elvis Presley
Moonglow and Theme from ’Picnic’ - Morris Stoloff
Standing on the Corner - The Four Lads
Blue Suede Shoes - Carl Perkins
    1956 - Gene Vincent and his group, The Blue Caps, recorded "Be-Bop-A Lula" for Capitol Records in Los Angeles. Interesting note: Vincent had written the tune only three days before he auditioned in a record company talent search that won him first place. The record was rush-released just two days later and became a rock and roll classic. Vincent recorded two other charted songs in 1957 and 1958: "Lotta Lovin’" and "Dance to the Bop".
    1957- "The Alan Freed Show" debuted on ABC-TV. The legendary disc jockey's rock 'n' roll variety show was cancelled some months later after black teenage singer Frankie Lymon was shown dancing with a white girl.
    1959- The first Grammy Awards were presented by the National Academy of Recording Arts and Sciences. Record of the year and song of the year was "Nel Blu Dipinto Di Blu" - better known as "Volare" - by Domenico Modugno. Henry Mancini won the Album of the Year award for "The Music From Peter Gunn" and the Kingston Trio won the first country Grammy for "Tom Dooley."
    1960-- the birth control pill was approved by the FDA in the U.S. It was developed at the Worcester Center for Experimental Biology. The work was financed by Katherine McCormick who gave the center $150,000 a year from 1953 on to develop an oral contraceptive. McCormick was the second woman graduate of M.I.T. She married into the McCormick family and took over the International Harvester business when her husband became hopelessly insane.
    1961-- US considers intervention in Vietnam. At a press conference, Secretary of State Dean Rusk reports that Viet Cong forces have grown to 12'000 men and that they had killed or kidnapped more than 3,000 persons in 1960. While declaring that the United States would supply South Vietnam with any possible help, he refused to say whether the United States would intervene militarily. At a press conference the next day, President John F. Kennedy said that consideration was being given to the use of United States forces. Kennedy's successor, Lyndon B. Johnson, did eventually commit more than 500'000 American soldiers to the war.
    1961-Militant students joined James Farmer of the Congress of Racial Equality (CORE) to conduct “freedom rides” on public transportation from Washington, DC, across the deep South to New Orleans. The trips were intended to test Supreme Court decisions and Interstate Commerce Commission regulations prohibiting discrimination in interstate travel. In several places riders were brutally beaten by local people and policemen. On May 14, members of the Ku Klux Klan attacked the Freedom Riders in Birmingham, Alabama, awhile local police watched. In Mississippi,, Freedom Riders were jailed. They never made it to New Orleans. The rides were patterned after a similar challenge to segregation, the 1947 Journey of Reconciliation, which tested the US Supreme Court’s June 3, 1946, ban against segregation in interstate bus travel.
    1963 - Andy Williams's album, Days of Wine and Roses, hit the Number 1 spot on the LP pop chart, and stayed there for 16 weeks.
    1963-The Beach Boys "Surfin U.S.A." LP debuts on the charts.
    1964---Top Hits
Can’t Buy Me Love - The Beatles
Hello Dolly! - Louis Armstrong
Bits and Pieces - The Dave Clark Five
My Heart Skips a Beat - Buck Owens
    1964- “Another World, “created by lrna Phillips and sponsored by P&G, this soap was set in fictional Bay City. It was the first soap to air for a full hour and the first to beget two spin-offs (“Somerset” and “Texas’). Charles Durning,Ted Shackelford, Eric Roberts, Ray Liotta, Kyra Sedgwick, Faith Ford, Morgan Freeman, Jackëe Harry,Victoria Wyndham and Valarie Pettiford are some of its well-known alums. The show was cancelled in1999 and the last episode aired dune 25, 1999.
    1964 - No. 1 Billboard Pop Hit: "Hello Dolly," Louis Armstrong.
    1964 - The Beatles set a "Billboard" magazine Top 100 chart all-time record when, today, all five of the top songs were by the British rock group. The Beatles also had the number one album with "Meet the Beatles", the top album from February 15 through May 2, when it was replaced by "The Beatles Second Album". During the first three months of 1964, it was estimated The Beatles accounted for 60 percent of the entire singles record business. The top five Beatles singles, setting the record, were: 1) Can’t Buy Me Love 2) Twist and Shout 3) She Loves You 4) I Want to Hold Your Hand 5) Please Please Me
    1967-The Turtles receive their first of two gold singles, for their recent Number One pop hit, "Happy Together." Their second gold single will come with "She'd Rather Be with Me."
    1968-FOURNET, DOUGLAS B. Medal of Honor
Rank and organization: First Lieutenant, U.S. Army, Company B, 1st Battalion, 7th Cavalry, 1st Cavalry Division (Airmobile). Place and date: A Shau Valley, Republic of Vietnam, 4 May 1968. Entered service at: New Orleans, La. Born: 7 May 1943, Lake Charles, La. Citation: For conspicuous gallantry and intrepidity in action at the risk of his life above and beyond the call of duty. 1st Lt. Fournet, Infantry, distinguished himself in action while serving as rifle platoon leader of the 2d Platoon, Company B. While advancing uphill against fortified enemy positions in the A Shau Valley, the platoon encountered intense sniper fire, making movement very difficult. The right flank man suddenly discovered an enemy claymore mine covering the route of advance and shouted a warning to his comrades. Realizing that the enemy would also be alerted, 1st Lt. Fournet ordered his men to take cover and ran uphill toward the mine, drawing a sheath knife as he approached it. With complete disregard for his safety and realizing the imminent danger to members of his command, he used his body as a shield in front of the mine as he attempted to slash the control wires leading from the enemy positions to the mine. As he reached for the wire the mine was detonated, killing him instantly. Five men nearest the mine were slightly wounded, but 1st Lt. Fournet's heroic and unselfish act spared his men of serious injury or death. His gallantry and willing self-sacrifice are in keeping with the highest traditions of the military service and reflect great credit upon himself, his unit, and the U.S. Army.
    1970 - President Richard Nixon’s May 1st announcement of the American incursion into Cambodia leads to massive anti-Vietnam war protests on college campuses nationwide.
    1970- The US National Guard opens fire on a Vietnam War protest at Kent State University in Ohio, killing four unarmed students and wounding eleven more. After seeing the photos later that week in Life magazine, Neil Young immediately writes the song "Ohio," which Crosby, Stills, Nash and Young will record the next day. Twenty-five years later to the day, Peter Paul and Mary play a commemorative concert at the university, performing Dylan's "Blowin' in the Wind."
    1970- Still fresh in minds of students who attending college during this time, four students (Allison Krause, 19; Sandra Lee Scheuer. 20: Jeffrey Glenn Miller. 20 and William K. Schroeder, 19) were killed by the National Guard during demonstrations against the Vietnam War at Kent(Ohio) State .
http://dept.kent.edu/sociology/lewis/lewihen.htm
    1972---Top Hits
The First Time Ever I Saw Your Face - Roberta Flack
I Gotcha - Joe Tex
Betcha By Golly, Wow - The Stylistics
Chantilly Lace - Jerry Lee Lewis
    1973-Led Zeppelin open their 1973 U.S. tour, which is billed as the "biggest and most profitable rock & roll tour in the history of the United States." A group spokesman predicts the group will gross over $3 million.
   1974- Marvin Hamlisch's soundtrack LP the Sting hits #1
   1974- Grand Funk's "The Loco-Motion" hits #1
   1974-The first skyscraper higher than 1,400 feet in height was the 110-story sears Building of sears Roebuck and Company, measuring 1,454 feet high located on Jackson Boulevard between Adams and Franklin streets in Chicago.
http://www.sears-tower.com/index.html
http://www.the-skydeck.com/homeDefault.htm
    1975-Baseball’s One Millionth Run. Bob Watson of the Houston Astros raced around the bases on Milt May’s home run against the San Francisco Giants an crossed the plate with what was declared to be the one millionth run scored in major league baseball history. Watson’s hustle paid off. Davey Conceptcion of the Cincinnati Reds scored another run in a different game in a different city seconds later.
    1976- The Illinois Legislature declares today as Rick Monday Day because of his patriotic gesture of saving the American flag from being burned in Los Angeles by two fans.
    1977 - No. 1 Billboard Pop Hit: "Hotel California," The Eagles.
    1978-Jefferson Starship receive a platinum record for what will be their last LP with Grace Slick and Marty Balin. Just a few weeks later, both are gone and the band has to be revamped.
    1980---Top Hits
Call Me - Blondie
Ride like the Wind - Christopher Cross
Lost in Love - Air Supply
Are You on the Road to Lovin’ Me Again - Debby Boone
    1985- The legendary Apollo Theatre in Harlem reopens after a massive ten-million-dollar makeover.
    1986 - No. 1 Billboard Pop Hit: "West End Girls," Pet Shop Boys.
    1988---Top Hits
Where Do Broken Hearts Go - Whitney Houston
Wishing Well - Terence Trent D’Arby
Angel - Aerosmith
It’s Such a Small World - Rodney Crowell & Rosanne Cash
    1989 - Col. Oliver North was found guilty in the investigations into the Iran-Contra affair. As part of the Iran-Contra affair, a federal jury convicted Marine Lieutenant Colonel Oliver L. North, a former official of the National Security Council, on charges of obstruction of justice and destruction of evidence.
Although President Reagan was heavily implicated by North in his testimony during the televised congressional hearings and also by Walsh in his final Iran-Contra report, neither he nor Vice President George Bush were directly indicted in the subsequent criminal trials. Oliver North, whose convictions were later suspended in an appeals court, eventually had all his convictions overturned by a federal judge because the prosecutors had used testimony that North had given to Congress under immunity.
    1990 - Thunderstorms produced severe weather from the Lower Ohio Valley to Virginia and the Carolinas. A tornado at Augusta Springs VA killed two people and injured ten others, and another tornado caused 1.7 million dollars damage at Colonial Heights VA. Temp-eratures soared into the 90s in northern California. The high of 98 degrees in downtown Sacramento was their hottest reading of record for so early in the season.
    1991- Indians' first baseman Chris James establishes the club record for RBIs by driving in nine runs with a pair of homers and two singles, helping Cleveland to crush the A's, 20-6.
    1994---Top Hits
The Sign- Ace of Base 
Bump N Grind- R. Kelly 
The Most Beautiful Girl in the World- The Artist
Return to Innocence- Enigma
    1999---Top Hits
Livin La Vida Loca- Ricky Martin
No Scrubs- TLC 
Kiss Me- Sixpence None The Richer 
Every Morning- Sugar Ray 
    2006 - Pearl Jam sticks around after taping a song for CBS' "The Late Show With David Letterman to play a 10-song set inside New York's Ed Sullivan Theatre exclusively for members of its fan club.

Stanley Champions This Date

    1969 Montreal Canadiens