Archive for the ‘Fourth Amendment’ Category

BENTLEY SYSTEMS INC : Entry into a Material Definitive Agreement, Creation of a Direct Financial Obligation or an Obligation under an Off-Balance…

Item 1.01 Entry into a Material Definitive Agreement

On December 22, 2021, Bentley Systems, Incorporated (the "Company") entered intoa fourth amendment by and among the Company, certain of its subsidiaries, PNCBank, National Association, as administrative agent, and the lenders partythereto ("Fourth Amendment") in connection with the Amended and Restated CreditAgreement, dated as of December 19, 2017, by and among the Company, PNC Bank,National Association, as administrative agent, and the lenders from time to timeparty thereto (the "Credit Facility").

The Fourth Amendment amended the Credit Facility to, among other things,(i) provide for a new $200.0 million senior secured term loan with a maturity ofNovember 15, 2025 (the "New Term Loan"), which New Term Loan amortizes 2.5% perannum for the first two years and 5.0% per annum for the third and fourth yearsand bears interest with reference to the net leverage ratio, (ii) modify theincremental credit facility provisions to permit both incremental revolvingcommitments and incremental term loan commitments in an aggregate amount up to$200.0 million, (iii) modify the net leverage ratio and the net senior securedleverage ratio covenants to increase the deduction rate of foreign unrestrictedcash from 65% to 100%, (iv) exempt immaterial subsidiaries (who account for lessthan 5% of the revenues and total assets of the Company and its consolidatedsubsidiaries) from the obligations to guarantee the Credit Facility and pledgetheir assets as security therefor, (v) modify the benchmark replacementprovisions, (vi) incorporate provisions regarding erroneous payments by theadministrative agent, and (vii) suspend the swingline loans denominated in Eurosand British Pounds Sterling until such time a new benchmark is selected as thereplacement for LIBOR.

The foregoing description of the Fourth Amendment is qualified in its entiretyby the full text of the Fourth Amendment, which is filed herewith asExhibit 10.1 and is incorporated into this Item 1.01 by reference.

Item 2.03 Creation of a Direct Financial Obligation or an Obligation under anOff-Balance Sheet Arrangement of a Registrant.

The information set forth in Item 1.01 is incorporated herein by reference.

Item 9.01 Financial Statements and Exhibits.

(d) Exhibits.

Exhibit No. Description10.1 Fourth Amendment, dated as of December 22, 2021, to the Amendedand Restated Credit Agreement dated as of December 19, 2017, by andamong the Company, PNC Bank National Association, as administrativeagent, and the lenders party thereto104 Cover Page Interactive Data File (formatted as inline XBRL)

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BENTLEY SYSTEMS INC : Entry into a Material Definitive Agreement, Creation of a Direct Financial Obligation or an Obligation under an Off-Balance...

Maybe there is hope for the future after all | Letters – Tampa Bay Times

Maybe there is hope

This could get ugly | Letter, Dec. 27

A letter writer warning us that the United States could become the Ugly States of America may very well be right. But could there be hope on the horizon? Sen. Joe Manchin followed the lead of Sen. John McCain and voted independently, representing a very red state as a Democrat. Colorados Democratic governor announced that he will work toward eliminating the state income tax. Gov. Ron DeSantis and Sen. Marco Rubio announced recently that they are addressing climate change. President Joe Biden thanked former President Donald Trump for his successful project that resulted in the COVID vaccine in record time. Lets hope and pray that these recent events have set the course for our future. If our leaders cannot find compromise and continually engage in divisive fighting, regardless of party, citizens are denied the real process that we expect our leaders to uphold and follow.

Rand Moorhead, St. Petersburg

Florida cases skyrocket | Dec. 25

I read in the Tampa Bay Times that Florida cases of COVID have risen 323 percent over the previous week, with an increase in positivity rate from 5.3 percent to 13.8 percent. Thats stunning. Yet out in the public, I find very few precautions no social distancing and very few mask-wearers. So where is our fearless leader, Gov. Ron DeSantis? Where are his pop-up town halls (never announced to the public, only to his supporters)? Where is his marvelous leadership? When will he start to exercise the responsibility of his position?

Fern Williams, Zephyrhills

Times have changed | Letter, Dec. 25

A letter writer sees the Constitution as outdated and in need of tweaking. Im sure that the Founding Fathers would agree because they devoted the entirety of Article 5 to the method for doing the tweaking. Its called the amendment process. However, there are many who want to shortcut the process because they know that the changes they desire would never be acceptable to the majority of the states or the citizenry. Therefore, they prefer that a handful of black-robed justices make the changes based on their own personal beliefs and biases. Its a good practice when those judicial opinions match your own; otherwise, not so much. Furthermore, if the Second Amendment doesnt apply to modern firearms, then maybe the First Amendment doesnt apply to radio, television or the internet. The Fourth Amendment doesnt apply to search by wiretap or electronic surveillance. Such arguments surely do not reflect critical thinking.

John S.V. Weiss, Spring Hill

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‘Dirty Harry’ turns 50: How Clint Eastwood blew away the cop genre and forged a film classic – USA TODAY

Jim McKairnes| Special to USA TODAY

Clint Eastwood's 'American tragedy'

Director Clint Eastwood discusses the need to tell the story of Richard Jewell, a man unfairly accused of planting a bomb at the 1996 Olympics in Atlanta. (Nov. 21)

AP

Fifty years ago, Clint Eastwood knew what you were thinking.

Youre thinking an ultraviolent film about a rules-busting cop on the trail of a bloodthirsty serial killer can never make it as a holiday release. Arent you,punk?

Released Dec. 23,1971, "Dirty Harry" could and did, becoming one of the years biggest hits. It spawned four sequels and landed Eastwood the most iconic role of his long and Oscar-winning career.

San Francisco Police Department Inspector Dirty Harry Callahan gave R-rated new meaning in the loner-cop-with-an-attitude tale as the curtain lifted on 1970s New Hollywood. Assigned to track down a serial sniper whos terrorizing the city named the Scorpio Killer(Andrew Robinson in his film debut) Callahan makes quick work of the Fourth Amendment in his pursuit, more than living up to the movies promotional hype about a detective who doesnt break murder cases, he smashes them.It all leads to a mano-a-mano shootout between hunter and hunted at the films close, made famous by the gun-aiming inspectors taunt of the cornered Scorpio, his own gun within reach:

"I know what you're thinking, punk: Youre thinking, 'Did he fire six shots or only five?' Now to tell you the truth, I forgot myself in all this excitement. But being this is a .44 Magnum, the most powerful handgun in the world, and will blow your head clean off, you've got to ask yourself a question: 'Do I feel lucky?'Well, do you, punk?"

(Spoiler alert: He didand he wasnt.)

William Smith dies:Action star who fought Clint Eastwood and other icons onscreenwas88

Frequent Eastwood writer Dean Riesner and the husband-and-wife team of Harry Julian Fink and R.M. Finkcrafted the neo-noir script (original title"Dead Right"), using elements of the real-life Zodiac killingsthat unfolded in Northern California in the late 1960s and of the real-life detective, Dave Toschi, who investigated them. The script bounced around amongwriters (John Milius, Terrence Malick), directors (Sydney Pollack, Irvin Kershner) and actors (John Wayne, Frank Sinatra, Robert Mitchum, Steve McQueen), its violent content a recurring concern.It even landed at ABCfor a brief minute, as TV was beginning to show interest in original-film production. But following the 1968 assassinations of Martin Luther King Jr. and Robert Kennedy, network television had come to be in a crosshair of its own for depictions of violence.ABC passed.

Eastwoodgot the gig when Newman suggested it after turning down the role himself. Production got underway with director Don Siegel and marked the actors fourth pairingwith Siegel in three years, following "Coogans Bluff," "Two Mules for Sister Sara"and"The Beguiled." ("Escape from Alcatraz" in 1979 was their fifth and final film teaming.)

With "Dirty Harry," the door to the antihero coprecently breached by "Bullitt"and "The French Connection"blasted wide open. "The Seven-Ups" and "Walking Tall"followed. Eastwood's Callahan returned twice over the next six years, first in 1973s "Magnum Force," squaring off against a quartet of vigilante patrolmen, and again in 1976s "The Enforcer,"which in keeping with the era paired him, reluctantly, with a female partner (Tyne Daly). The franchise exploded all over again in 1983 with "Sudden Impact"and its own meme-before-its-time catchphrase (Go ahead, make my day), before fading with the less successful "The Dead Pool" in 1988.

Eastwood has become a Hollywood legend in the intervening years, Oscar-nominated eleven times since 1993 as either actor, producer, or director. Hes won four statues a pair each for directing and producing best picture winners "Unforgiven" in 1992 and "Million Dollar Baby" in 2004. In 1995, he received the Academys career-saluting Irving G. Thalberg Memorial Award. "Cry Macho," released earlier this year, marked the 91-year-olds latest release. It may or may not be his last: No future projects have been announced.

In 2005, the American Film Institute named Dirty Harrys Do I feel lucky? speech one of the 100 best quotes in film history. (It ranked No. 51.) It was the second of two times he gave it in the film, the first coming earlier following a botched bank robbery. But its the movie-ender with The Scorpio that made history.

Do you feel lucky enough to point out the difference?Well, do you?

Reni Santoni:'Dirty Harry' star, who played Poppie in 'Seinfeld,' has died at 81

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On Wallen, Shamblin Lara and Trump: 2021’s top 10 opinion essays in The Tennessean | Plazas – Tennessean

The topics varied from Senator Blackburn and Hagerty's words and actions on Jan. 6 to parental alienation to Fourth Amendment rights.

Countdown to The Tennessean's top 10 read opinion columns of 2021

The Tennessean presents its top 10 best read opinion essays and letters of 2021. Topics include Morgan Wallen, critical race theory and Trump.

David Plazas, Nashville Tennessean

As we near the end of 2021, The Tennessean looks back today on the top-read opinion columns of the year.

They range from a critique of Tennessee's new critical race theory ban in K-12 schoolsto a defense of country music singer Morgan Wallen and from addressing the impact of the late Weigh Down Workshop preacher Gwen Shamblin Lara to the second impeachment of former President Donald Trump.

The rankings arebased upon digital metrics of page views.

We include some excerpts below and you can also go to Tennessean.com to re-read them in their entirety or click on the hyperlinks below.

So, here starts the countdown.

"Former Southern Baptist Convention President Paige Patterson has controversial past church must reckon with," by Rev. Brian Kaylor, June 15.

Kaylor isa Baptist minister with a Ph.D. in political communication, president ofWord&Wayand author of fourbooks.

"Patterson helped make SBC what it is today and then sat atop his fiefdom until it all came crashing down when he was fired by Southwestern Baptist Theological Seminary in 2018 for mishandling student sexual assaults."

"Why we need more conservatives to spread the benefits of COVID-19 vaccines," by David Plazas, Aug. 6.

This was my top-read personal column of the year. I wrote more about COVID-19 than I ever wanted to. The political divisions on vaccines and safety rules had a realand hard impact on cases, hospitalizations and deaths in Tennessee.

"Politicians from Gov. Bill Lee to the state senators have emphasized that getting vaccinated is a personal choice and have gone out of their way to assuage the fears of people who want to be exempt from inoculation, whether for religious or medical reasons.They ought to increase the level of urgency of their rhetoric,that while it is a personal choice, there is something to be said about being responsible and accountable to your community."

"Morgan Wallen billboards patron: 'Were not bowing down to the mob'," by Darleen Ingram, June 10.

Ingram of Empire, Alabamapaid for the billboards around Nashville in support of country music artist Morgan Wallen.

"The music industry jumped so fast, without taking time to hear his side of the story or to evaluate who his friends are. How many in the industry are guilty?When Morgan asked for forgiveness and he meant it, it should have been over."

Hear more Tennessee Voices: Get the weekly opinion newsletter for insightful and thought provoking columns.

"Mentalhealth practitioners confronta crisis in families:Parental alienation," by Alan D. Blotcky and William Bernet, Dec. 18.

Blotcky, Ph.D., is a clinical and forensic psychologist in private practice in Birmingham, Alabama. Bernet, M.D., is professor emeritus for the Department of Psychiatry at Vanderbilt University School of Medicine.

"The phenomenon of parental alienation is well-known tosomemental healthprofessionalsbuthas received very little attention in the mainstream media.Thepublic is largely unaware of thisproblem and itsharmfuleffects on children and parents."

"Marsha Blackburn and Bill Hagerty are complicit in the insurrection," by The Tennessean editorial board, Jan. 7.

I wrote this editorial on behalf of The Tennessean Editorial Board, which comprises Editor Michael A. Anastasi, Executive Editor Maria De Varenne, Planner Mealand Ragland-Hudgins and me.

"Tennessees senators played games with democracy and perpetuated false allegations of mass voter fraud, a cover-up by tech companies and the press, and a stolen election all to fit President Donald Trumps narrative that he was cheated out of a second term."

"Why is Pastor Greg Locke shunning mask-wearing congregants? | Featured letters" by readers of The Tennessean, July 29.

This article featured letters from people in Tennessee and beyond who read about how Greg Locke, pastor at Global Vision Bible Church in Mt. Juliet, bannedcongregants from wearing masks when worshipping in person.

"To his congregation, I appeal: Would you please, if you are interested in staying alive, respond by not going to church at all?That should get his attention.God doesnt shun you if you are praying at home." excerpt from a letter by Harriet Stanton-Leaffer.

Sign up for Latino Tennessee Voices newsletter:Read compelling stories for and with the Latino community in Tennessee.

"How critical race theory law makes it illegal to teach Black history in Tennessee," by David Barber, Oct. 5.

Barber is a professor of history at University of Tennessee at Martin.

"While we should be glad that Tennessee is finally outlawing the teaching of racial superiority in any form, our legislature should have passed this part of its legislation 60 years ago, when it would have counted for something."

"Brentwood can thank Gwen Shamblin Lara for making it the city it is today," by Bill Alexander, July 27.

Brentwood attorney Bill Alexander practiced law in Saudi Arabia for almost 10 years and serves as an arbitrator.

"Gwen Shamblin Lara, who died May 29in a plane crash, was an author and founder of the Christian diet program the Weigh Down Workshop and founder of the Remnant Fellowship Church. She was also a kind, respectful person who quietly helped in an unheralded way to preserve the Brentwood we know today."

Editor's note: While this guest essay first published in July, readers consumed it morein September, around the time when the HBO Max documentary about Shamblin Lara "The Way Down" premiered.

Sign up for Black Tennessee Voices newsletter:Read compelling columns by Black writers from across Tennessee.

"When the government hides spy cameras on your land, fight back in court," byRobert Frommer and Daryl James, Dec. 13.

Frommer is a senior attorney and James is a writer at the Institute for Justice in Arlington, Va.

"Although the case is proceeding in state court under the authority of the Tennessee Constitution, the central claims point to a nationwide problem. Starting about 100 years ago, federal courts began chipping away at the Fourth Amendment to the U.S. Constitution, which guarantees the right of the people to be secure in their persons, houses, papers, and effects.

Before we go to No. 1, here are the top-read essays of our regular columnists LeBron Hill, Keel Hunt, Cameron Smith and Kyra Watts.

"Readers respond to second impeachment of President Donald Trump," by letters to editor writers, Jan. 15.

We published seven featured letters to the editor from readers across Middle Tennessee after the U.S. House of Representatives voted to impeach Trump for the second time, something that has happened to no other president in U.S. history.

Budge Blevins ofNashville wrote:"Some Republican members of the Tennessee congressional delegation said that they did not want to further divide the country by voting to impeach President Trump for inciting a mob assault on the Capitol Building while Congress was in session. Thats a laudable sentiment, but one that was absent when they voted the previous week to overturn the certified election results of certain states favoring Joe Biden. Or did they believe that challenging the will of the voters in those states would unify the nation?"

But Calvin Johnsonof Franklin felt it was overblown.

"Why have younot reported as much on the Antifa demonstrations in New York City,Portland andSan Diego. They were destructive, but I heard no condemnation or response from the media orthe Democrats. You only criticize what Trump supporters do."

As we enter 2022, please consider writing and submitting guest essaysand letters toletters@tennessean.com.Thank you for your readership.

David Plazas is the director of opinion and engagement for the USA TODAY Network Tennessee. He isan editorial board member of The Tennessean. He hosts the Tennessee Voices videocastand curates the Tennessee Voices and Latino Tennessee Voices newsletters.. Call him at (615) 259-8063, email him atdplazas@tennessean.comor tweet to him at@davidplazas.

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On Wallen, Shamblin Lara and Trump: 2021's top 10 opinion essays in The Tennessean | Plazas - Tennessean

Autoblog’s 10 most-read articles of 2021 – Autoblog

2021 was a roller coaster of a year for the auto industry, with electrification topping just about every automaker's to-do list as vicious parts and labor shortages threatened to bring global production to a grinding halt. But the world kept spinning, dealers (and squirrels) kept misbehaving, and people found new and ridiculous excuses to steal catalytic converters. It's all right here in Autoblog's top-read stories of 2021.

When Stellantis announced its massive global electrification strategy during its EV Day presentation in July, it came on the heels of constant reminders that customers still want big, thirsty V8s.

Covid-related supply shortages have forced new-car shoppers to buy used instead, but not all used cars are increasing in value at the same pace. Some, like the Mercedes G-Class, are skyrocketing. Why?

Well, if you're stuck shopping used, you'd might as well look for something that will last, right? These cars and trucks should go the distance while you wait out the market. Who knows, maybe you'll fall in love?

A Fourth Amendment argument bailed a Michigan woman out of more than a dozen parking tickets. Will this ruling survive what is likely to be several more legal challenges?

The cult of Tesla remains strong, but America has several more reasons to be proud of this year's Consumer Reports 2021 Brand Satisfaction Survey. Here's a hint: The first Japanese automaker appears at number five.

Some standard U.S. license plates are elegant and attractive. Some are as depressing as a cloudy Midwest winter. Does your state offer something attractive without a surcharge, or are you stuck in a state with miserable tag options? We ranked them all.

'Tis the season for big, red, flying stuff. This truck won't catch air (at least it shouldn't), but with its jet turbine prototype engine, you'd be forgiven for assuming it could. Missing for years, Ford's rediscovered "Big Red" turbine truck is quite a treat to behold.

Ahh, squirrels. Rats with better PR, right? And an interest in personal readiness, evidently, as this industrious critter (or group of critters) managed to stash a truly massive number of walnuts inside a Chevrolet Avalanche. If you're a prepper in search of helpful pets, consider some fluffy rodent accomplices. They're obviously very good at it.

Yeah, people are snorting ground catalytic converter waste. It's as crazy as it sounds.

This story is an even wilder ride than the one it depicts. A service technician took a customer's C8 Corvette for a test drive after diagnosing what appeared to be an issue related to a loose spark plug connection, and ended up engaging in some shenanigans with a Dodge Charger that were captured on the Corvette's performance data recorder. Oops! Don't worry; this one has a happy ending.

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Autoblog's 10 most-read articles of 2021 - Autoblog