Analysis: Germany wrestles tangled legacy of EADS-BAE merger

PARIS/FRANKFURT (Reuters) - A legal minefield and the bitter after-taste of a collapsed merger with BAE could hamper or delay efforts to reorganize German core shareholdings in EADS , legal and financial experts say.

Talks to create the world's largest aerospace and defense company broke down last week with French and British officials accusing Germany of blocking the deal, something Berlin denies.

The failed merger attempt has raised questions about EADS' structure and strategy as its shareholders fall back on a decade-old pact designed to balance French and German interests.

The pact - a tangle of restrictions designed to regulate the Airbus parent group - is booby-trapped against predators. But the BAE saga has exposed trip wires that could now ensnare the German government as it tries to become a direct shareholder of EADS and exercise more control.

Germany's state-owned development bank KfW has been in talks for a year with Daimler , a founder of EADS, to buy a 7.5 percent stake as the automaker refocuses on cars. The talks paused during the $45 billion merger bid but will now resume.

The problem, experts say, is that it is difficult for KfW to enter the EADS pact alongside Daimler without seeing its rights curtailed - an unappealing prospect given post-merger politics which have highlighted German unease over French power in EADS.

The operation is especially delicate because a misstep could result in a dramatic mandatory bid for the whole of EADS and an accidental nationalization. A prolonged stalemate could handicap the group's efforts to overhaul its strategy.

"Germany has a clear deal with Daimler, which allows Daimler to reduce its stake," said a person familiar with the talks.

"However, if KfW bought the stake for a couple of billion euros, it would still not get the power to veto a big plant closure in Germany or the sale of a subsidiary to someone it doesn't like. They would have to solely rely on France, and that is definitely something Germany doesn't want."

Originally designed to mask the role of the French state at the insistence of Daimler, anxious to block political interference when EADS was created in 2000, the pact gives control of Europe's aerospace giant to two industrial groups.

Daimler owns 15 percent and exercises the votes for another 7.5 percent parked with a semi-private bank consortium.

On the French side, the government owns 15 percent and media firm Lagardere has 7.5 percent but acts as a buffer between state and industry by representing the whole block. Still, the state can veto strategic moves and board nominations.

Daimler has said it still aims to reduce its stake this year. KFW and EADS declined to comment.

The original plan, reluctantly approved by the Berlin government after a coalition debate last year, was for KfW to buy 7.5 percent from Daimler as a first step. Later, it could buy the economic portion (but not the voting rights) of the 7.5 percent parked with the Daedalus bank consortium -- aptly named after the mythological creator of the Minotaur's labyrinth.

Even the first limited operation proved difficult without putting the pact at risk, according to people familiar with the discussions, and progress has been slower than expected.

After sitting idle during BAE negotiations, doubts over the pact now leave EADS in unexplored territory.

LEGAL CATCH

The pact's members own 45 percent of EADS. Under Dutch law, an individual or consortium with more than 30 percent must bid for the whole company, currently worth 22 billion euros.

That's unless the shares were acquired before the Dutch bidding rules went into force on October 28, 2007 -- so the pact's current 3-way membership is safe. For the past year the dilemma has been how to let KfW in without upsetting this arrangement.

Then on July 1 this year, after some lobbying, Dutch rules were loosened and a further exemption became available that seemed to favor KfW: anyone joining a consortium that existed before October 2007 law would also be able to avoid a forced bid.

But there was a catch. The new exemption only applies if the new member abandons the right to influence how the consortium should vote. In short, any newcomer to the pact is muzzled.

"It should not be the case that a party entering the pact will gain control over the consortium," said a partner with a Dutch law firm, speaking like other experts contributing to this article on condition of anonymity to protect future business.

This might not have been a problem as long as KfW was acting as a passive buyer of last resort, stepping in when other industrial buyers such as Siemens had declined to take part.

But the BAE merger flop has added a political twist as Germany becomes increasingly vocal about maintaining parity with France, which has state shares in EADS.

If the logic of parity were applied in full, Berlin would strive for a voting stake of 15 percent, but legal experts say this would bring down the pact. EADS managers would probably welcome the fresh start, but it could also risk months of instability over a group still haunted by past in-fighting.

Unless a new solution can be found, the legal jigsaw leaves Berlin with a potentially awkward set of choices:

- buy Daimler shares and risk a mandatory bid;

- buy shares from Daimler and enter the protection of the pact but with fewer rights than the French government;

- buy shares on the market but stay outside the pact;

- leave things as they are and risk the prospect that a restless Daimler would eventually decide to sell on the market.

Under the last scenario, the pact would remain intact if Daimler kept 15 percent of EADS. It would collapse automatically once Daimler fell below 10 percent, unless the French government also reduced its stake, thus crossing one of its own red lines.

Even if these technical problems could be overcome, there remains another politically sensitive hurdle: members of the pact must agree to a new entrant. Given the bitter atmosphere and recriminations left behind by the failed merger, it remains unclear for now how Paris would greet such a request.

Added to this is uncertainty over Lagardere's stake, which it hopes to sell when Airbus finishes its A350 development. Accords between Lagardere and the state are secret but extracts suggest their holding would collapse if either party dropped below one fifth of its capital. Lagardere currently has a third.

The dilemma could accelerate management and market pressure for a new structure for EADS, whose strategic options are seen as curtailed by the tectonic structure of block-shareholdings.

As a first step, market sources say, EADS is expected to step up efforts to find ways to increase its free float.

"For now it is back to the old EADS. It will be interesting to watch Daimler and see what they do," a sector analyst said.

(Additional reporting by Hendrik Sackmann; Editing by Giles Elgood)

Source: http://news.yahoo.com/analysis-germany-wrestles-tangled-legacy-eads-bae-merger-063722946--finance.html

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Nothing political in "Seal Team Six" film timing, TV chief says

LOS ANGELES (Reuters) - A TV executive on Wednesday rejected claims that there was a political motive behind a decision to broadcast a movie about the mission to kill Osama bin Laden just two days before the presidential election.

"Seal Team Six: The Raid on Osama bin Laden" will be broadcast on the National Geographic Channel on November 4. The action feature film is one of two movies about the 2011 raid by U.S. special forces that resulted in the death of the al Qaeda leader - considered one of the triumphs of President Barack Obama's term in office.

Obama faces Republican challenger Mitt Romney in the November 6 election.

"The proximity to the election is not lost on us but we think the topic of Seal Team Six, and generally the CIA and national security, is of interest to our viewers," David Lyle, chief executive of National Geographic Channel, told Reuters in a telephone interview.

"Much has been made of the timing but we think that the show speaks for itself. It's really about the Seal Team and the hunt (for bin Laden) and the final outcome. If anyone sees a preview they will realize that the political side is very slight indeed," Lyle said.

Political website Breitbart.com has accused National Geographic Channel of using the broadcast of the film as "a two-hour pro-Obama campaign advertisement."

Lyle, who is Australian, noted that the film was produced and financed by Frenchman Nicolas Charter. It is being distributed by The Weinstein Company, whose co-chairman Harvey Weinstein is a prominent supporter of Obama.

"His (Weinstein's) connections have had people looking for other things in the movie, which in the end is an edge-of-your- seat thriller," Lyle said. "I'm not a voter in this election," he added.

Lyle said he would be happy to show the movie to both the Obama and Romney campaigns but neither had asked to see it.

A second movie project about the hunt for bin Laden, "Zero Dark Thirty" from Oscar-winning director Kathryn Bigelow, was pushed back for release earlier this year to December.

"Seal Team Six" director John Stockwell has also denied that the film is part of a political bid to get Obama re-elected.

In a column for The Huffington Post website on Wednesday headlined "Can a movie swing an election?", Stockwell noted claims by others that the film "could tip the election in the president's favor."

"Here's what I can tell you: the origins of 'Seal Team Six' were not political ... The movie is about the-behind-the-scenes wrangling that went into that decision (to launch the operation); the amazing work of the intelligence community, the largely unheralded work of the local nationals in Pakistan who aided the mission, and our extraordinary special forces," Stockwell wrote.

(Reporting By Jill Serjeant; Editing by Eric Walsh)

Source: http://news.yahoo.com/nothing-political-seal-team-six-film-timing-tv-014746732.html

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'Suburgatory' Premiere: Tessa Discovers Emotional Connection To Show's Theme Song (VIDEO)

"Suburgatory" returned to the ABC lineup just as Tessa was returning to Chatswin from a summer living with her grandmother in New York. While there, she learned more about her absentee mother, hoping to find a connection between herself and her mom.

When she returned to Chaswin, he asked to borrow George's guitar after hearing a cassette tape of original music performed by her mother. All of this was difficult for George, who's actively avoided ever talking about Tessa's mother. But seeing how much this connection meant to his daughter, he relented.

Tessa had signed up for the talent show, but had lost her nerve. George showed up just in time, telling her that her mother often lost her nerve as well. So Tessa took to the stage and performed a song written by her mother; a song very familiar to fans of the show. It was the "Suburgatory" theme song, a sweet connection Zap2It called "a nice touch."

Look for Tessa to continue trying to connect with her mother, and suceeding. HuffPost TV reports that Malin Akerman has been cast in the role and will be making her appearance later this season.

Keep watching "Suburgatory" on Wednesdays at 9:30 pm. ET on ABC to see their mother-and-daughter reunion.

TV Replay scours the vast television landscape to find the most interesting, amusing, and, on a good day, amazing moments, and delivers them right to your browser.

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Source: http://www.huffingtonpost.com/2012/10/18/suburgatory-premiere-tessa-mom-music-video_n_1976862.html

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Depression, shortened telomeres increase mortality in bladder cancer patients

ScienceDaily (Oct. 18, 2012) ? Low depressive symptoms and a longer telomere length are compelling factors that contribute to a prolonged life for bladder cancer patients, according to researchers at The University of Texas MD Anderson Cancer Center.

In an observational study, a team of MD Anderson researchers analyzed clinical and behavioral data collected from 464 bladder cancer patients, according to research presented at the 11th Annual AACR International Conference on Frontiers in Cancer Prevention Research.

"This is the first study of its kind that analyzes bladder cancer outcomes," said Meng Chen, Ph.D., an instructor in MD Anderson's Department of Epidemiology. "Psychological factors are not usually included in epidemiologic studies"

The patients observed were enrolled in an ongoing study of bladder cancer that provides extensive genetic, epidemiologic and psychological data. The collaboration of MD Anderson epidemiologists and psychologists is led by the study's principal investigator, Xifeng Wu, M.D., Ph.D., professor and chair of the epidemiology department.

Patients' information was analyzed according to four different groups. The first group involved patients with long telomeres and no depressive symptoms; the second identified patients who had long telomeres with depressive symptoms; the third had shortened telomeres and no depressive symptoms, while the fourth group had shortened telomeres and depressive symptoms.

Bladder cancer is the fourth most common cancer of men and is usually diagnosed in people over the age of 60. The American Cancer Society estimates 56,000 men and 18,000 women will have a bladder cancer diagnosis in 2012.

Research has identified shortened telomere length as an aging-associated biomarker in several diseases, including cancer. As people grow older, telomeres on the tips of chromosomes, which protect chromosomes from unraveling as cells replicate, shorten and eventually fail, leading to cell death. MD Anderson researchers analyzed blood samples to measure telomere length.

Depressive symptoms were analyzed using the Center for Epidemiologic Studies Depression Scale (CES-D). The self-report scale -- one of the most common screening tests used for finding levels of depression -- revealed patients who scored at high levels of depressive symptoms have a 1.89-fold risk of dying compared to those with lower levels of depression, who will live a little over three times longer -- 200 months vs. 58 months.

The study also revealed the combination of factors, longer telomeres and low levels of depressive symptoms, increased survival for bladder cancer patients by more than six-fold -- 31.3 months vs 199.8 months. Those with short telomeres and high levels of depression had a three-fold risk of mortality.

A certain level of stress, which has also been associated with shortened telomere length, is a dominating factor with many cancer patients. "People are not treating the depression directly, but mainly focused on coping with cancer,"said Chen. "This leads to additional stress that increases mortality."

Enhanced stress management should be an integral part of cancer treatment, "Lifestyle behaviors including a healthy diet, regular exercise and smoking-cessation are factors for reducing stress and ultimately depression in cancer patients." " said co-author Jie Lin, Ph.D., assistant professor in the Department of Epidemiology.

Lin also said the new risk factors such as psychological risk factors identified by the team could be included in future risk prediction models. The team is optimistic that this study will encourage clinicians to incorporate behavioral factors into risk models so interventions can be developed to prolong survival for bladder cancer patients.

Contributing authors to the work include Jan Blalock, Ph.D., Paul Cinciripini, Ph.D. from the Department of Behavioral Science, and Lorenzo Cohen, Ph.D., from the Department of General Oncology.

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Source: http://feeds.sciencedaily.com/~r/sciencedaily/~3/BZpoB1dj46g/121018141855.htm

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Space tourism: the ultimate boarding pass

Biden praises Specter for courage in cancer fights

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Source: http://news.yahoo.com/biden-praises-specter-courage-cancer-fights-173335442.html

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Enbridge Energy Partners to Webcast Its 2012 Third Quarter Results

SOURCE: Enbridge Energy Partners, L.P.

Enbridge Energy Partners, L.P.

HOUSTON, TX--(Marketwire - Oct 15, 2012) - Enbridge Energy Partners, L.P. (NYSE: EEP) will review the results of its third quarter 2012 operations in an internet presentation, beginning at 12:00 p.m. Eastern Time on Thursday, November 1, 2012. The presentation will follow a news release of third quarter results on October 31, 2012. Slides for the presentation will be posted on our website at http://www.enbridgepartners.com under "Events and Presentations" prior to the webcast. The web presentation may be accessed as follows:

What:
Enbridge Energy Partners, L.P.
2012 Q3 Conference Call

When:
12:00 p.m. Eastern Time
Thursday, November 1, 2012

Where:
www.enbridgepartners.com, or
http://www.media-server.com/m/p/xqoqouuq

If you are unable to view the live webcast, a replay will be available at the same internet address for a limited period following the call. In addition, the call can be accessed by telephone by dialing (866)356-4441 or (617)597-5396 (Passcode: 73086440) ten minutes prior to the call for the live broadcast, or (888)286-8010 or (617)801-6888 (Passcode: 90239001) for the replay.

Enbridge Energy Partners, L.P. is a publicly traded master limited partnership, and owns and operates a diversified portfolio of crude oil and liquid petroleum transportation and storage assets and natural gas gathering, treating, processing, transportation and marketing assets in the United States. Its principal crude oil system is the largest transporter of growing oil production from western Canada. The system's deliveries to refining centers and connected carriers in the United States account for approximately 13 percent of total U.S. oil imports; while deliveries to Ontario, Canada satisfy approximately 70 percent of refinery demand in that region. The Partnership's natural gas gathering, treating, processing and transmission assets, which are principally located onshore in the active U.S. Mid-Continent and Gulf Coast area, deliver approximately 2.5 billion cubic feet of natural gas daily.

Enbridge Energy Management, L.L.C. (NYSE: EEQ) manages the business and affairs of the Partnership and its sole asset is an approximate 13 percent interest in the Partnership. Enbridge Energy Company, Inc., an indirect wholly owned subsidiary of Enbridge Inc. of Calgary, Alberta, (NYSE: ENB) (TSX: ENB) is the general partner and holds an approximate 22 percent interest in the Partnership.

Source: http://www.marketwire.com/mw/release.do?id=1713654&sourceType=3

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Making a layer cake with atomic precision

Monday, October 15, 2012

In a report published in Nature Physics, a group led Dr Leonid Ponomarenko and Nobel prize-winner Professor Andre Geim has assembled individual atomic layers on top of each other in a desired sequence.

The team used individual one-atom-thick crystals to construct a multilayer cake that works as a nanoscale electric transformer.

Graphene, isolated for the first time at The University of Manchester in 2004, has the potential to revolutionise diverse applications from smartphones and ultrafast broadband to drug delivery and computer chips.

It has the potential to replace existing materials, such as silicon, but the Manchester researchers believe it could truly find its place with new devices and materials yet to be invented.

In the nanoscale transformer, electrons moving in one metallic layer pull electrons in the second metallic layer by using their local electric fields. To operate on this principle, the metallic layers need to be insulated electrically from each other but separated by no more than a few interatomic distances, a giant leap from the existing nanotechnologies.

These new structures could pave the way for a new range of complex and detailed electronic and photonic devices which no other existing material could make, which include various novel architectures for transistors and detectors.

The scientists used graphene as a one-atom-thick conductive plane while just four atomic layers of boron nitride served as an electrical insulator.

The researchers started with extracting individual atomic planes from bulk graphite and boron nitride by using the same technique that led to the Nobel Prize for graphene, a single atomic layer of carbon. Then, they used advanced nanotechnology to mechanically assemble the crystallites one by one, in a Lego style, into a crystal with the desired sequence of planes.

The nano-transformer was assembled by Dr Roman Gorbachev, of The University of Manchester, who described the required skills. He said: "Every Russian and many in the West know The Tale of the Clockwork Steel Flea.

"It could only be seen through the most powerful microscope but still danced and even had tiny horseshoes. Our atomic-scale Lego perhaps is the next step of craftsmanship".

Professor Geim added: "The work proves that complex devices with various functionalities can be constructed plane by plane with atomic precision.

"There is a whole library of atomically-thin materials. By combining them, it is possible to create principally new materials that don't exist in nature. This avenue promises to become even more exciting than graphene itself."

###

University of Manchester: http://www.manchester.ac.uk

Thanks to University of Manchester for this article.

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Source: http://www.labspaces.net/124461/Making_a_layer_cake_with_atomic_precision

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