DealBook: Office Depot and OfficeMax Announce Plans to Merge, After Erroneous Release

11:12 a.m. | Updated

Office Depot and OfficeMax announced plans to merge on Wednesday, just hours after an erroneous news release about the deal surfaced briefly.

Under the terms of the deal, Office Depot said it would issue 2.69 new shares of common stock for each share of OfficeMax. At that level, the transaction would value OfficeMax at $13.50 a share, or roughly $1.19 billion, a premium of more than 25 percent to the company’s closing price last week.

The deal has been anticipated, as the companies face an increasingly difficult competitive environment. Both companies, which are burdened with big real estate footprints, have struggled against lower-priced rivals like Amazon.com and Costco. By uniting, the two companies should be able to reduce costs and better negotiate prices.

“In the past decade, with the growth of the Internet, our industry has changed dramatically,” Neil R. Austrian, chairman and chief executive of Office Depot, said in a statement. “Combining our two companies will enhance our ability to serve customers around the world, offer new opportunities for our employees, make us a more attractive partner to our vendors and increase stockholder value.”

While the deal has been years in the making, it was initially announced prematurely. A news release announcing the merger of the companies was posted on Office Depot’s Web site early on Wednesday morning, but it quickly disappeared.

Several news organizations reported the terms disclosed in the errant news release for Office Depot’s earnings. The details were buried on page four of the release, under the header “Other Matters.”

As the details filtered through the market, shares of the companies jumped. In premarket trading, Office Depot’s stock rose more than 7 percent, while OfficeMax shares were up more than 8 percent.

In a call with analysts, Mr. Austrian said that Office Depot’s webcast provider “inadvertently” published his company’s fourth-quarter earnings “well ahead of schedule.”

The episode is reminiscent of other times that companies’ earnings releases were published prematurely. Last fall, Google‘s third-quarter earnings were published three hours early, which the technology giant blamed on a mistake by R.R. Donnelley & Sons, the company’s printer.

Representatives for Office Depot and OfficeMax were not immediately available for comment on the erroneous release.

Strategically, the deal makes sense, as the companies face a changing competitive environment.

Combined, the companies reported about $4.4 billion in revenue for their third quarter of 2012; in comparison, Staples disclosed $6.4 billion in revenue for the same period.

Office Depot has also been under pressure from an activist hedge fund, Starboard Value, which sent a letter to the retailer’s board last fall. In it, Starboard called for more cost cuts and a greater focus on higher-margin businesses like copy and print services. With a 14.8 percent stake, Starboard is the company’s biggest investor.

In announcing the deal, the two companies emphasized their new financial heft.

With the merger, the retailers expect to generate $400 million to $600 million in annual cost savings. The combined entity would also have $1 billion in cash, providing additional firepower to invest in the business.

“We are excited to bring together two companies intent on accelerating innovation for our customers and better differentiating us for success in a dynamic and highly competitive global industry,” Ravi K. Saligram, chief executive of OfficeMax, said in a statement. “We are confident that there will be exciting new opportunities for employees as part of a truly global business.”

Each company will have an equal number of directors on the board of the combined retailer. Before the deal closes, OfficeMax will pay a special dividend of $1.50 a share to its shareholders.

OfficeMax was advised by JPMorgan Chase and the law firms Skadden, Arps, Slate, Meagher & Flom and Dechert. Office Depot was counseled by Simpson Thacher & Bartlett, while its board was advised by the Peter J. Solomon Company, Morgan Stanley and Kirkland & Ellis. Perella Weinberg Partners provided financial advice to the board’s transaction committee.

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O.C. shootings: Ladera Ranch neighbor heard a 'bunch of ruckus'

Authorities believe the man suspected of killing three people in a series of slayings and carjackings in Orange County early Tuesday also fired at vehicles on the 55 Freeway, causing minor injuries to at least one person.

Officials said the suspect fired either while driving or that he stopped, got out of his vehicle and fired rounds at passing cars. At least three victims have reported minor injuries or damage to their cars.
Authorities asked people to contact police if they believe they were targeted.

Orange County Sheriff's Department spokesman Jim Amormino said the series of shootings ended when the gunman shot himself to death as police attempted to stop him in the city of Orange.

Amormino said a shotgun has been recovered and that there may be additional weapons. In addition to the Sheriff's Department, the FBI, Santa Ana police, California Highway Patrol and Tustin police are assisting the investigation.

The suspect's alleged series of killings appeared to begin early Tuesday at a home in Ladera Ranch, where Amormino said deputies found a woman shot to death about 4:45 a.m.

Deputies were called to the house on Red Leaf Lane when someone inside reported a shooting, Amormino said. It was unclear whether anyone else was home at the time, but no other injuries were reported.

The suspect, initially described as a man in his 20s, fled the area in an SUV to Tustin, where "multiple incidents" occurred in the city and near the Santa Ana border, Amormino said.

"There's a lot to sort out," he told The Times. A news conference is scheduled for 2 p.m.

Tustin Police Lt. Paul Garaven said the suspect attempted to carjack multiple vehicles in Tustin, with each shooting occurring a few minutes apart.

Police received a report about 5:30 a.m. of a carjacking near Red Hill Avenue and Nisson Road near the 5 Freeway in Tustin, Garaven said.

The carjacking suspect opened fire and wounded a bystander, he said.

Soon after that, another carjacking was reported near the southbound 55 Freeway at McFadden Avenue, Santa Ana police Cpl. Anthony Bertagna said. There, the suspect allegedly confronted a man in a BMW, ordered him out of the vehicle, walked him to the curb and "executes our victim," Bertagna said.

Another shooting was reported on Edinger Avenue near the Micro Center computer store in Tustin, Garaven said. Officers confirmed that another carjacking had taken place, he said.

One person was killed and another was taken to a hospital. Officers spotted the suspect in a stolen vehicle, followed him into the city of Orange and initiated a traffic stop near the intersection of East Katella Avenue and North Wanda Road, Garaven said.

The suspect then shot and killed himself, Garaven said.

Amormino said deputies were still trying to piece together a possible motive and the relationship between the suspect and victims, including the woman at the first incident in Ladera Ranch.

"Ladera Ranch is a very quiet community," Amormino said. "It's very rare for something of this nature to occur there."

Jason Glass said he was across the street from the Ladera Ranch crime scene, working in his garage, when between 2 and 3 a.m. he heard what he now believes were three to five gunshots. About 4 a.m., Glass said, he "heard a bunch of ruckus" -- no yelling, but lots of doors slamming -- before a car sped away from the house.

"I just thought somebody was being really loud and obnoxious," Glass said.

Glass said a couple had lived at the home for about a year with three children. The family was quiet, he said.
"No noise ever came out of that house," he said. "No cops ever came to that house, nothing. This is really weird."

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Barstool Ski Racing Is the Art of Not Spiffing It

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Clive Davis reveals in memoir that he’s bisexual

NEW YORK (AP) — Record executive Clive Davis says he’s bisexual.

In his new memoir, out Tuesday, the 80-year-old, who is twice divorced, reveals that he had sex with a man in the 1970s. Davis writes in “The Soundtrack of My Life” that he hadn’t been repressed or confused during his marriages and that sex with a man “provided welcome relief.”

He also writes that he started dating a man from 1990 to 2004, which he says was a “tough adjustment” for his son Mitchell. He says after “one trying year,” he and his son worked things out. Davis is the father of three children.

Davis is the chief creative officer of Sony Music Entertainment. He writes that he’s been in a “strong monogamous relationship” with a man for the last seven years.

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Ask Well: Coaxing Parents to Take Better Care of Themselves

Dear Reader,

Your dilemma of wanting to get your parents to change their ways to eat better and exercise reminds me of an old joke:

How many psychologists does it take to change a light bulb? Answer: Only one, but the light bulb has to really want to change.

Sounds like your parents may be about as motivated as the light bulb right now. Still, there are things you can do to encourage them to move in a healthier direction. But the first step should not be to hand them a book. Unless you lay some prior groundwork, that gesture may seem almost as patronizing as an impatient tone of voice – and probably as likely to backfire.

Instead, start a conversation in a caring, nonjudgmental way. Ask, don’t tell. “Say, ‘You know, I might not know what I am talking about, but I am really concerned about you,” suggested Kevin Leman, a psychologist in Tucson, Ariz., and author of 42 books on changing behavior in families and relationships. Ask simply if there is anything you can do to help.

Leading by example is also more effective than lecturing. “The son can role-model health by inviting his parents to dinner and serving healthful items that he is fairly certain they will find acceptable, or ask them if they are interested in going out dancing with him and his wife,” suggested Ann Constance, director of the Upper Peninsula Diabetes Outreach Network in Michigan.

Pleasure is a better motivator for change than pain or threats. Use the grandchildren as bait. Ask if they want to take the grandchildren to the zoo or a park that would require a good bit of walking around for everyone. Or the grandchildren could ask them to come along on one of those 2K fund-raiser-walks that many schools hold. After all, a day with the grandchildren is always a pleasure in itself. (O.K., usually a pleasure.)

Tempted to give them the gift of a health club membership? “Save your money,” Dr. Leman said. Try a more indirect (and cheaper) approach. Create a mixed-tape of up-tempo music from their era. (“Songs they listened to from the ages of 12-to-17, which is what we all listen to for the rest of our lives,” said Dr. Leman) They will enjoy it any time — maybe even while walking.

If you really want someone you love to make a change, the key is to ask them to do something small and easy first because that increases the chances they will do something larger later. Psychologists call that “the foot in the door technique,” said Adam Davey, associate professor of public health at Temple University in Philadelphia, referring to a classic 1966 experiment called “Compliance Without Pressure.” In the study, which has been duplicated by others in many forms, researchers asked people to sign a petition or place a small card in a window in their home or car about keeping California beautiful or supporting safe driving. About two weeks later, the same people were asked to put a huge sign that practically covered their entire front lawn advocating the same cause.

“A surprisingly large number of those who agreed to the small sign agreed to the billboard,” because agreeing to the first small task built a bond between asker and askee “that increases the likelihood of complying with a subsequent larger request,” Dr. Davey explained.

Any plan for behavioral change is most likely to succeed if it is very specific, measurable and achievable, according to Ms.Constance.

And the new behavior should also be integrated into daily life — and repeated until it becomes a habit. For example, if you want to walk more, start with a 10-minute walk after dinner on Monday, Wednesday and Friday, Ms. Constance suggested. The next week, bump it up to 12 minutes.

Don’t give up, even if you meet initial resistance — it is never too late for your parents or you or any of us to change. “Taking up an exercise program into one’s 80s and 90s to build strength and flexibility can result in very tangible and enduring benefits in a surprisingly short time,” insisted Dr Davey.

As for instructive reading, Dr. Leman is partial to one of his own books, “Have a New You by Friday,” and Dr. Davey recommends “Biomarkers: The 10 Keys to Prolonging Vitality,” by William Evans. Ms. Constance recommends the Centers for Disease Control and Prevention’s Web site on physical activity and exercise tips for the elderly, as well as the National Institute of Health’s site on the DASH diet.

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European Parliament Approves Plan to Bolster Carbon Trading

LONDON — Lawmakers in Brussels moved Tuesday to shore up the sagging market for carbon emissions permits, a key component of the European Union’s efforts to reduce air pollution.

Prices of carbon allowances, which permit companies to emit greenhouse gases, fell last month to as low as €2.80 per ton, or $3.75, compared with €9 per ton a year ago and €30 per ton in 2008. To reduce the supply of permits and drive up the price, the environmental committee of the European Parliament voted to allow the European Commission to reduce the number of allowances to be auctioned over the next three years.

After the committee’s vote, prices fell to around €4.60 per ton, from a close of €5.13 on Monday. But the panel’s vote had been expected, and the plan still needs approval from the full European Parliament and the governments of the Union’s 27 member states.

“It is really the first step in a long, long process,” said Kash Burchett, an analyst at the energy research firm IHS.

The committee’s vote — 38 to 25, with 2 abstentions — is “a lifeline for the carbon market and for emissions trading as a policy tool for curbing emissions,” said Stig Schjoelset, head of carbon analysis at Thomson Reuters Point Carbon, a market research firm in Oslo.

If the vote had gone the other way, Mr. Schjoelset said, the Emissions Trading System would have been “more or less dead.”

The European Union introduced the system in 2005 in a bid to force polluters like utilities and manufacturers to reduce their carbon emissions. Under the system, companies are allocated a certain number of permits, each allowing them to emit one metric ton of carbon dioxide per year. If emissions exceed the level allowed by the permits, the companies must buy additional permits. Companies that do not comply face heavy fines.

The total number of permits is scheduled to be reduced over time, forcing a corresponding reduction in emissions. The Union is on track to meet its goal of reducing emissions in 2020 to 80 percent of 1990 levels, but that is mainly because the recession has reduced industrial activity and energy use. As a result, companies have a surplus of permits on hand, which depresses their price.

It is widely believed that the European Commission has handed out too many credits. In 2012, for example, ArcelorMittal, the Luxembourg-based steel maker, sold 21.8 million tons of credits — about one quarter of the number it received from the commission — for $220 million. The company said it spent the proceeds on energy-saving investments.

Advocates say that carbon pricing, if properly managed, is the most efficient way to lower emissions. By putting a hefty price on carbon, the system lets investment decisions drive emissions reductions, rather than having governments dictate investment in particular clean energy sources like solar or wind.

But industrialists and analysts say that single-digit prices for carbon permits do not provide sufficient incentive for companies to switch to cleaner fuels and energy-efficient technology.

“Driving energy investment in Europe through a higher carbon price will lower costs,” said David Hone, the chief climate adviser to Royal Dutch Shell and the chairman of the International Emissions Trading Association in Geneva. “That price signal isn’t there today.”

Mr. Schjoelset said a price of €30 to €40 per ton was needed to encourage electricity producers to switch from coal to natural gas, a cleaner fuel. He said it would take a price of €60 to €150 per ton to push utilities to invest in expensive carbon-reducing technologies like carbon capture and storage.

Politicians and analysts said the Parliament committee’s vote might be the first step in restoring the credibility of the Emissions Trading System, which is still considered the world’s flagship carbon program.

“It is important that we get this right, and the sooner we get it right the better,” the European climate action commissioner, Connie Hedegaard, said during an interview Monday.

The plan approved Tuesday would take 900 million carbon credits that are now scheduled to be auctioned from 2013 to 2015 and “backload” them so they are auctioned in 2019 and 2020. That will put a dent in the surplus of carbon credits, which is estimated at two billion tons.

This article has been revised to reflect the following correction:

Correction: February 19, 2013

An earlier version of this article misidentified an analyst at IHT, an energy research firm. He is Kash Burchett, not Kass Burchett.

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Jerry Buss dies at 80; Lakers owner brought 'Showtime' success to L.A.

Longtime Lakers owner Jerry Buss has died at the age of 80. Last week, it was revealed that he was hospitalized with an undisclosed form of cancer.

When Jerry Buss bought the Lakers in 1979, he wanted to build a championship team. But that wasn't all.

The new owner gave courtside seats to movie stars. He hired pretty women to dance during timeouts. He spent freely on big stars and encouraged a fast-paced, exuberant style of play.

As the Lakers sprinted to one NBA title after another, Buss cut an audacious figure in the stands, an aging playboy in blue jeans, often with a younger woman by his side.

PHOTOS: Jerry Buss through the years

"I really tried to create a Laker image, a distinct identity," he once said. "I think we've been successful. I mean, the Lakers are pretty damn Hollywood."

Buss died Monday of complications of cancer at Cedars-Sinai Medical Center in Los Angeles, according to his longtime spokesman, Bob Steiner. Buss was 80.

Lakers fans will remember Buss for bringing extraordinary success — 10 championships in three-plus decades — but equally important to his legacy was a sense of showmanship that transformed pro basketball from sport to spectacle.

Live discussion at 10:30: The legacy of Jerry Buss

"Jerry Buss helped set the league on the course it is on today," NBA Commissioner David Stern said. "Remember, he showed us it was about 'Showtime,' the notion that an arena can become the focal point for not just basketball, but entertainment. He made it the place to see and be seen."

His teams featured the likes of Kareem Abdul-Jabbar, Magic Johnson, Kobe Bryant, Shaquille O'Neal and Dwight Howard. He was also smart enough to hire Hall of Fame-caliber coaches in Pat Riley and Phil Jackson.

"I've worked hard and been lucky," Buss said. "With the combination of the two, I've accomplished everything I ever set out to do."

A Depression-era baby, Jerry Hatten Buss was born in Salt Lake City on Jan. 27, 1933, although some sources cite 1934 as his birth year. His parents, Lydus and Jessie Buss, divorced when he was an infant.

His mother struggled to make ends meet as a waitress in tiny Evanston, Wyo., and Buss remembered standing in food lines in the bitter cold. They moved to Southern California when he was 9, but within a few years she remarried and her second husband took the family back to Wyoming.

His stepfather, Cecil Brown, was, as Buss put it, "very tight-fisted." Brown made his living as a plumber and expected his children (one from a previous marriage, another son and a daughter with Jessie) to help.

TIMELINE: Jerry Buss' path

This work included digging ditches in the cold. Buss preferred bell hopping at a local hotel and running a mail-order stamp-collecting business that he started at age 13.

Leaving high school a year early, he worked on the railroad, pumping a hand-driven car up and down the line to make repairs. The job lasted just three months.

Until then, Buss had never much liked academics. But he returned to school and, with a science teacher's encouragement, did well enough to earn a science scholarship to the University of Wyoming.

Before graduating with a bachelor's degree in chemistry, when he was 19 he married a coed named JoAnn Mueller and they would eventually have four children: John, Jim, Jeanie and Janie.

The couple moved to Southern California in 1953 when USC gave Buss a scholarship for graduate school. He earned a doctorate in physical chemistry in 1957. The degree brought him great pride — Lakers employees always called him "Dr. Buss."

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Pondering the Point of Snow Bikes While Riding With Wolves

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At 80, Yoko Ono sees a world full of new activism

BERLIN (Reuters) – Half a life-time ago, artist Yoko Ono lay in an Amsterdam hotel bed with husband John Lennon, staging a week-long “bed-in” for peace and feeling they were very alone in their activism.

Today, Ono, whose own energy for campaigning has never tired, sees a world full of activists, maintaining her energy and faith in humanity.

“When John and I did the bed-in, not many people were with us. But now there are so many activists, I don’t know anyone who is not an activist,” she told Reuters in an interview in Berlin on Monday, her 80th birthday.

“Even the corporations – John always used to say the corporations need to be with us… Corporations now say 10-20 percent of their profits will go to such and such charity. They have to do that almost for people to feel good about it.”

The late Beatle and Ono’s 1969 bed-in to protest against the Vietnam war was repeated in Montreal, Canada. Press attention was huge, but much of it was mocking.

Ono, who gave a sell-out concert in Berlin on Sunday alongside their son Sean Lennon which closed with the anthem “Give peace a chance”, said it was still critical to stand up for peace despite new conflicts in the intervening decades.

“I don’t want to be drowning in sadness. I think we have to stand and up and change the world,” she said.

The artist, born to a wealthy Japanese family in Tokyo in 1933, has recently become a passionate opponent of fracking, a controversial procedure which has sharply lifted energy output in the United States but which critics fear pollutes drinking water deep underground and could increase earthquake risks.

“Fracking is an incredible risk to the human race, I don’t know why they even thought of doing it,” she said.

Ono, whose birthday is being marked by a major retrospective of her work in Frankfurt, said she feels she is becoming freer in her art.

“My attitude has changed… I’m allowing things to happen in a way I hadn’t planned before,” she said.

Asked about her feelings on becoming an octogenarian, she said: “I’m surprised. It is a miracle in a sense that I am 80, I am proud about it. Not everybody gets there.”

(Reporting by Alexandra Hudson, editing by Gareth Jones and Paul Casciato)

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DNA Analysis, More Accessible Than Ever, Opens New Doors

Matt Roth for The New York Times

Lillian Bosley, 13, watched cartoons on an iPad at her Myersville, Maryland home. Lillian has Arthrogryposis multiplex congenita, a rare orthopedic disease. More Photos »

Debra Sukin and her husband were determined to take no chances with her second pregnancy. Their first child, Jacob, who had a serious genetic disorder, did not babble when he was a year old and had severe developmental delays. So the second time around, Ms. Sukin had what was then the most advanced prenatal testing.

The test found no sign of Angelman syndrome, the rare genetic disorder that had struck Jacob. But as months passed, Eli was not crawling or walking or babbling at ages when other babies were.

“Whatever the milestones were, my son was not meeting them,” Ms. Sukin said.

Desperate to find out what is wrong with Eli, now 8, the Sukins, of The Woodlands, Tex., have become pioneers in a new kind of testing that is proving particularly helpful in diagnosing mysterious neurological illnesses in children. Scientists sequence all of a patient’s genes, systematically searching for disease-causing mutations.

A few years ago, this sort of test was so difficult and expensive that it was generally only available to participants in research projects like those sponsored by the National Institutes of Health. But the price has plunged in just a few years from tens of thousands of dollars to around $7,000 to $9,000 for a family. Baylor College of Medicine and a handful of companies are now offering it. Insurers usually pay.

Demand has soared — at Baylor, for example, scientists analyzed 5 to 10 DNA sequences a month when the program started in November 2011. Now they are doing more than 130 analyses a month. At the National Institutes of Health, which handles about 300 cases a year as part of its research program, demand is so great that the program is expected to ultimately take on 800 to 900 a year.

The test is beginning to transform life for patients and families who have often spent years searching for answers. They can now start the grueling process with DNA sequencing, says Dr. Wendy K. Chung, professor of pediatrics and medicine at Columbia University.

“Most people originally thought of using it as a court of last resort,” Dr. Chung said. “Now we can think of it as a first-line test.”

Even if there is no treatment, there is almost always some benefit to diagnosis, geneticists say. It can give patients and their families the certainty of knowing what is wrong and even a prognosis. It can also ease the processing of medical claims, qualifying for special education services, and learning whether subsequent children might be at risk.

“Imagine the people who drive across the whole country looking for that one neurologist who can help, or scrubbing the whole house with Lysol because they think it might be an allergy,” said Richard A. Gibbs, the director of Baylor College of Medicine’s gene sequencing program. “Those kinds of stories are the rule, not the exception.”

Experts caution that gene sequencing is no panacea. It finds a genetic aberration in only about 25 to 30 percent of cases. About 3 percent of patients end up with better management of their disorder. About 1 percent get a treatment and a major benefit.

“People come to us with huge expectations,” said Dr. William A. Gahl, who directs the N.I.H. program. “They think, ‘You will take my DNA and find the causes and give me a treatment.’ ”

“We give the impression that we can do these things because we only publish our successes,” Dr. Gahl said, adding that when patients come to him, “we try to make expectations realistic.”

DNA sequencing was not available when Debra and Steven Sukin began trying to find out what was wrong with Eli. When he was 3, they tried microarray analysis, a genetic test that is nowhere near as sensitive as sequencing. It detected no problems.

“My husband and I looked at each other and said, ‘The good news is that everything is fine; the bad news is that everything is not fine,’ ” Ms. Sukin said.

In November 2011, when Eli was 6, Ms. Sukin consulted Dr. Arthur L. Beaudet, a medical geneticist at Baylor.

“Is there a protein missing?” she recalled asking him. “Is there something biochemical we could be missing?”

By now, DNA sequencing had come of age. Dr. Beaudet said that Eli was a great candidate, and it turned out that the new procedure held an answer.

A single DNA base was altered in a gene called CASK, resulting in a disorder so rare that there are fewer than 10 cases in all the world’s medical literature.

“It really became definitive for my husband and me,” Ms. Sukin said. “We would need to do lifelong planning for dependent care for the rest of his life.”

Now, when doctors bill for medical services, insurers pay without as many questions. And Eli’s schools recognize how profound his needs are. “This isn’t just some kid with dyslexia,” his mother said, adding: “My son needs someone who literally is holding his hand. He runs, he doesn’t know ‘no.’ And he does not talk.”

The typical patient with a mystery disease has neurological problems, and is often a baby or a child. There are reasons for that.

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