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The Casket of Fortunato

Edgar Allan Poe wrote poems and criticized literature, but is best remembered for his short stories. Poe's works were exceedingly experimental for their time, and are still influencing writers today. His tales consisted of eerie settings, characters dealing with psychological problems, and unfolding mysteries layered within a plot. By intertwining these elements into a cohesive unit, Poe created a genre in literature now known as Mystery. At first glance, Poe's short stories can be tough to comprehend thoroughly, but upon taking a more in depth look at the work it becomes less difficult to understand. His use of irony, foreshadowing and symbolism all provide for his purpose as in, "The Cask of Amontillado."

Among the literary devices used by Poe, irony is one in which he implements into is horror stories often. Webster's Dictionary defines irony as conveying meaning by saying the direct opposite for what it really meant. In the short story "The Cask of Amontillado", the protagonist, Montressor, yearns

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for revenge against his arch nemesis, Fortunato, by starving him to death in his family's wine cellar. In order to get Fortunato into the cellar, Montressor uses Fortunato's lust for fine wine tasting as his bait to lead him into his own grave. "Fortunato pursues a "cask" which ends up being his own casket" (Silverman). On numerous occasions throughout the trip into the cellar Montressor questions whether or not Fortunato should go on. "Come, we will go back; your health is precious. You are happy like, as once I was" (Poe). This piece of dialogue is ironic because Montressor does not care for Fortunato's health, because he in fact plans on killing him in the vaults. Poe use of irony can be hard to grasp the first time you read through one of his short stories, but with repetitions of analyzing the work, the irony becomes easier to understand.

"The Cask of Amontillado" is a short story that is very suspenseful. Poe uses the literary device called foreshadowing to build up moments of suspense throughout this tale of terror. Foreshadowing is to represent or warn before hand. There are two noteworthy instances of foreshadowing in "The Cask of Amontillado". The first being when Fortunato begins to cough from the mold growing on the walls in the catacombs and goes on to say, "I will not die from a cough," then Montressor answers, "True, true" (Poe). This section of dialogue makes the reader

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aware that Montressor does not intend on Fortunato dieing from illness, but rather from malnutrition and dehydration when he is left to rot in the cellar. Moments after this scene, Montressor offers Fortunato some Medoc, a wine, to help cure his cough. He gladly accepts and drinks the beverage, furthermore making a gesture of his alliance with the Masonic order. He then proceeds to asks Montressor if he is of the Masonic order, in which he responds yes he is a mason. "…He will be building things out of stones and mortar namely Fortunato's grave" (Thomas, Dwight, & Jackson). By using foreshadowing, Poe was able to create suspenseful situations that were also highly unpredictable.

Poe whom was also a literary critic and poet, was very influential with his usage of symbolism in his works. Symbolism is something that stands for or represents something else. "Poe celebrated pure forms of beauty and opposed the didactic in poetry" (Ljungquist). In the short story "The Cask of Amontillado", Poe uses symbolism when Montressor is describing his family's arms. "(The shield is) A huge human foot d'or, in a field azure; the foot crushes a serpent rampant whose fangs are imbedded in the heel" (Poe). This is a symbolic replication of Fortunato being the serpent chastising and insulting Montressor who is represented by the foot stepping on the serpent. "Although Fortunato has hurt Montressor with

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insults, Montressor will ultimately crush him" (Silverman). Applying symbolism into his writing has made Poe among the most influential writers in modern literature.

Edgar Allan Poe has been said to live a rough life, as he always seemed to be in some sort of financial debt, usually for gambling. His stormy life is what is believed to be where he drew his inspiration from to create his horror stories and tales of deception and intrigue. Further contributing to his motivations are the methods and techniques Poe uses are so fundamentally sound, that his works are the foundation in which detective stories were built upon. Whether or not Poe was mentally stable or not is a debatable topic to this day. "At age he married his 1 year-old cousin" (Ljungquist). Though his tales are of a darker undertone, this does not make Poe out to be an evil man, even though some people did perceive him to be during his lifetime. In modern times, his works are not taking so literally and can actually be quite humorous as opposed to dark and gloomy. This is just another piece of evidence that proves just how far ahead of his time Edgar Allan Poe really was.

Works Cited

"Edgar Allan Poe" Ljungquist, Kent. World Book Encyclopedia, 17. ed.

"foreshadowing" Webster's Dictionary. 17. ed.

"irony" Webster's Dictionary. 17. ed.

Silverman, Kenneth. Edgar Allan Poe Mournful and Never-Ending Remembrance. Harper Collins, 11.

"symbolism" Webster's Dictionary. 17. ed.

"The Cask of Amontillado" Edgar Allan Poe. Baltimore, 18. 6 July. 00 http//www.geocities.com/short_stories_page/poecask.html

Thomas, Dwight, and Jackson, D.K. The Poe Log A Documentary Life of Edgar Allan Poe, 180

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Scott Mullervy

English 1

Mr. McMann

January 10, 00

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Path to Enlightenment

Everyone everywhere lives his or her life by certain codes or rules, whether it be morals, values, or in most cases religion. Religion can define a person in many significant ways. In most cases, one's religion shapes the path that he or she will ultimately choose in life. For instance, in Hermann Hesse's most renowned novel Siddhartha, a young Brahmin is torn between which path to take on a fascinating journey that will ultimately change his life forever. When the novel begins, Siddhartha, the protagonist and hero, is a rich and handsome young Brahmin, he then transforms in to a meager looking ascetic, then into a businessman, and finally into a ferryman. Even though Siddhartha takes upon himself all these different faces, his path to enlightenment follows three distinct stages, the mind, the body, and the soul.

As a young Brahmin, Siddhartha "delighted and made everyone happy" and in turn "was loved by everybody," while he spent most of his days with his family and meditating.(5) However, although he brings bliss to all, "Siddhartha was not happy with himself." One of the reasons that he is so discontent is because he fears that he can learn nothing more by just staying at home. This is why I believe Siddhartha is so unique in that his life is completely taken care of because he can inherit all of his family's riches, but chooses rather to leave home in order to gain a greater knowledge of the world. The beginning stage for Siddhartha is through the mind where he first becomes a Samana, or ascetic from which he "learns many ways of losing the Self, although [their] paths took him away from Self."(15) Next he listens to Gotama, "the Illustrious One and the Buddha."(1) Although Siddhartha's goal is to become like Gotama, he cannot merely accompany Gotama on his travels; Siddhartha must make every effort to resemble him by attaining enlightenment which cannot be taught or learned but rather achieved. Siddhartha's inner strength and determination to achieve enlightenment make him such a great hero.

The next stage that Siddhartha goes through is the body, one that he has never experienced in his life before. Siddhartha's stage of the mind is cast aside due to a beautiful prostitute named Kamala. Not only does Siddhartha experience the art of love due to Kamala, but also through Kamala he meets Kamaswami, a rich merchant, who teaches him the art of trading money and business. At first Siddhartha has maternal dreams about a "woman's full breast and the intoxicating liquid that comes out."(48) These dreams that he has lead him to a "longing and stir of sex in him, but his inward voice says NO!"(50) After visiting with Kamala regularly he loses sight of his previous ways as an ascetic, one who is supposedly not capable of loving anyone. After seeing how "beautiful Kamala is his heart rejoices" and after just one kiss he is left breathless and is "astonished by how much she has taught him in just one kiss," his first kiss.(57) Hesse describes this event very accurately and, I think, for the sole purpose of adding compassion and love into the novel, which only heightens why Siddhartha is so great. Ultimately, Siddhartha becomes Kamala's best lover she has ever had, and when he leaves her, she becomes aware that she is pregnant with his child.

The last step on Siddhartha's path to enlightenment is through his soul. First Siddhartha becomes much like an apprentice to Vasudeva, the ferryman, and decides to live with him in his hut on the beautiful river which he intends to "stay by and learn from."(101) Now that Siddhartha has completed the stage of the mind and body, he transcends to live his life in accord with his soul, so he is able to completely experience the oneness of life. On the way to see the dying Gotama Buddha, Kamala is bitten by a poisonous snake and is then taken to Vasudeva's and Siddhartha's ferry. For the first time Siddhartha learns that he has a son; however, he witnesses the death of Kamala, "a face that he recognized immediately."(11) While on her deathbed she asks, "Have you attained it? Have you found peace?" Then Siddhartha says nothing, but only smiles and holds her hands. She replies, "yes, I see it."(11) In the eyes of Siddhartha, Kamala sees the face of a Buddha that has found enlightenment. Finally, in a thrilling ending scene Govinda comes to Siddhartha on the ferry in order to seek some words of wisdom. However, Siddhartha tells him that "knowledge can be communicated, but not wisdom," for "in every truth the opposite is equally true" and that "Time is not real."(14) To make Govinda's suffering less Siddhartha asks him to kiss his forehead and gives him a "thousand-fold smile," revealing that he is the "Perfect One," a Buddha.(151)

Siddhartha is a character unlike many in literature in that he takes his own initiative in order to better himself. However, was it the right choice for him to leave home? While leaving one's family can be very hard at times, his strength is what makes him achieve the goal for which he left. The author, Hesse, puts an original spin on the novel by creating a different path for Siddhartha to take. Instead of following the Buddha's Eightfold Path, Siddhartha ultimately attains nirvana by living the life of the Buddha for himself, instead of going through all the suffering which the Eightfold Path so strongly enforces. Siddhartha is a novel that should not be overlooked by anyone because it portrays a hero of such greatness and dedication to a religion that is so peaceful. Throughout the reading one learns the value of religion and peace, while enjoying the enlightenment of many characters.

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Justin Apresa a sixteen year-old boy remembers how he first came to learn about sex and the treatment of the opposite sex. "It wasn't like my parents talked to me about sex and girls," Justin commented. He learned about it through his cousin who, at the time was merely seventeen years old. Justin remembers how his cousin told him that the more women he slept with, the more "Macho" he would become, meaning more of a "Man" in English terms. He was also told that women liked to be treated like sexual objects, if a women refused to have sex with him, it did not matter because he was a "Man". Justin explained that he grew up with the misconception that sex was a gift given to him from God. "I remember thinking how awesome it would be to sleep with as many women as I pleased," Justin would say. Who is to blame why this adolescent became misguided? It is easy to hold the video games, television and the school system responsible, but the real problem is parents. The parents are no longer teaching children morals; they have become dependent on other sources to teach their children life's values.

Video games are replacing parents as the teachers of morals. "Video games are becoming more and more violent," comments twenty-two-year old Felipe Herrera, "they depict too much brutal and sadistic behavior". Graphic video games, such as Mortal Kombat, can desensitize children and give them the wrong morals by showing graphic images of people killing each other. Children can get the mistaken idea of taking another person's life; by thinking it is all right. The problem is that parents do not sit down with their children and talk to them about the wrong ideas video games present. They should clarify mortality to them and explain why killing is wrong and not natural. They ought to check the games their children play for excessive violence and not let those games teach the wrong ideas to their kids.

Aside from Video Games teaching the children morals, television has become one of the number one sources for young children to learn life's values. Reality Shows such as The Bachelor, Married by America and Paradise Hotel are deteriorating what little is left of moral values. "I could not believe my eyes when I saw Married by America, the viewers were left to choose two strangers and marry them within a few months," Twenty-nine-year old Joseph Apresa commented. These shows may seem entertaining but what is not being taken into account are the children that are watching these Reality Shows. Joseph explained, "parents don't monitor what there children watch on TV, therefore these children are growing up thinking what they watch is the way life should be handled." Since parents are no longer supervising these programs, the television is raising the children of today with flawed morals. Kids have been left with no other choice because they lack their parent's guidance.

Parents have also become to dependent on schools to do the guidance. Parents expect teachers to do the parenting job, what parents don't realize is that questions that kids have about sex and drugs should be answer by the parents. A teacher's job is to teach English, arithmetic and history. The parents should handle personal matters concerning their children. Joseph Apresa remembers learning sex education from his fifth grade teacher. "The experience was awkward," he recalls. "Everyone would laugh at the graphic pictures being displayed on the overhead. No one took it seriously". Sex is a matter to be taken seriously; the sad thing is that parents leave such an important task to the fifth and sixth grade teachers. Felipe Herrera believes kids are becoming less and less moral because parents have stopped doing their job of talking to kids about sex and drugs. He said, " I don't remember my mom ever talking to me about drugs." Felipe remembers learning about the subject by Deputy Harris, a cop that would come to talk about narcotics and the effect it had on young kids. Felipe remembers thinking, " Deputy Harris is a joke, and he's not a real cop, why should I listen to him." So what did he really get from the talks, sure he was given a lot of information about different types of drugs and the effects they caused. Felipe was shown a few unhealthy lungs in a bag, a long with a cigarette. The problem is that Felipe did not respect Deputy Harris and therefore did not make use of any of the important lessons he taught. What he did not receive was a real serious talk about the dangers of drugs by his parents, the most important figures of authority that children should be able to count on. Felipe said, " Deputy Harris was a stranger, I knew I would never see him again, my parents on the other hand I respected. If the Drug talk would have came from then I would have been afraid to even try them." This shows that if parents took time to have a talk with their children, it would help push kids in the right direction.

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Parents should step up to the plate and stop blaming others for the immoral youth. They are in many cases to blame because they have become indolent when it comes to teaching their children morals. If parents were to spend more time with their children, take a day off and talk to them about sex and drugs and day-to-day interaction with their peers, deterioration of a moral youth would be a thing of the past.

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In his novel Coyotes, Ten Conover entered a world of pollos, undocumented workers hoping to pass into the United States to do work in order to increase their position back home. Conover spent a year living, traveling, and working with Mexican alien workers in the U.S. While traveling from Queretaro, Mexico to orange groves in Phoenix, Arizona, from La Belle, Florida to a welding shop in Los Angeles, California, and from Ahuacatlan, Mexico to potato fields in American Falls, Idaho, Conover discovered that these poor Mexican workers are the current examples of Americas immigrant dreams. Exploited by employers and victimized by almost everyone else, they remain warm-hearted, generous, and willing do any kind of work, no matter how dangerous or humiliating, in order to create hope for themselves and their families back at home. During his research, he faced barriers uncommonly faced by traditional ethnographers, which uncover challenges to the use of ethnography as a research tool.

Logistically, Conover deals with a population whose legal status changes depending on which side of a national border they are on. On their trips up North to the United States, there was only so much Conover and the immigrants could prepare for because nobody knew exactly what difficulties they would encounter. Many times they did not want to take Conover along on the trip for he stood out and was thought of to be La Migra by the coyotes. They simply did not want extra trouble. When Conover wanted to go along to Florida and was rejected, he made one more attempt. "Having me along is like having an insurance policy. If the car breaks down, or you have any accidents if anything bad happens, I can do the talking…To get to Florida, you'll have to go through places where nobody will speak Spanish, where people will be suspicious. Having me along will help," (Conover, 114). It worked. Coming to the country, they prepared by buying essentials such as flashlights, food, and water, and Conover prepared incase he drew attention to his race and was approached by the coyote. When asked, "Who is this gabacho…hanging out with all these Mexican guys…an informer for La Migra, perhaps?" Conover knew that the best way to get a coyote to back off was to ask him about his profession, (Conover, 0). It worked. No matter where or how the illegal immigrants were traveling, where they slept at night, or what they ate, Conover was cooperative and willing to participate. Although it was a dangerous mission and he was at risk of getting caught breaking the law for helping the immigrants, Conover didn't let that stop him from associating with his Mexican friends. In this aspect, he couldn't have done a better job.

Morally, Conover deals with a kind of life that requires the people to remain in one place, but have their home in another place. These people come to America illegally because they want to work and send money back home in hopes of enhancing their status in their own country. He greatly depicts this obstacle when he describes the first time the Mexicans traveled on an airplane. "To get to Los Angeles, we would have to pass through a place even more foreign, a terra incognita of video displays and moving sidewalks, a world with a different language and set of rules for behavior the world of air travel," (Conover, 65). Because it was second nature to him, it was difficult for Conover to visualize what one needed to know in order to operate in an airport. Attempting to educate them on how to look at home in the airport, Conover became their tour guide and drew a map of the airport, parking garage, terminal building, and the route they would take. He prepped them on what to expect and how to react to each situation. With a few bumps in the road, they successfully made it to Los Angeles on an airplane. In order to make it a smoother experience, Conover could have prepared his Mexican friends for an escalator, the security check point, and the experience on the airplane, such as the role of a stewardess.

Conceptually, Conover deals with a population that does not form a single social group. His population of study comes from different areas of Mexico, such as Queretaro and Ahuacatlan. With the Queretaro Mexicans, he accompanies them to Phoenix, Arizona to pick oranges. With the Ahuacatlan, he travels to Idaho, the potato state. Conover even traveled back into Mexico to visit the impoverished towns that many illegal aliens left behind. He describes disturbing and disintegrating neighborhoods and poverty that most Americans will never experience. He provides an eye-opening, alternative perspective of the lives of the people who mow our lawns and pick our fruit. In the end, Conover believes, "If anyone truly suffered because of the whole immigration mess, it was women like Evangelica, and the wives and kids who stayed at home," (Conover, 5). In order to understand the life Mexicans lived at home, Conover could have spent more time in Mexico to fully comprehend how their life differed from the American life and whether or not the trip el Norte (North) was truly worth leaving their families.

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Many illegal aliens share a commonality with other immigrant groups that came to America because they all want a better life for their families. The minimum wage in America is often higher than in other countries. Conover successfully attempted to portray the hardships, fear, and camaraderie of illegal aliens crossing the border to work in the United States. He dealt with challenges along the way, was flexible, and overcame barriers. He demonstrated a deep understanding of and feeling for the men who must take such risks to get mere subsistence money for their families.

Please note that this sample paper on coyotes is for your review only. In order to eliminate any of the plagiarism issues, it is highly recommended that you do not use it for you own writing purposes. In case you experience difficulties with writing a well structured and accurately composed paper on coyotes, we are here to assist you. Your persuasive essay on coyotes will be written from scratch, so you do not have to worry about its originality.

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If you order your cheap custom paper from our custom writing service you will receive a perfectly written assignment on Project Managers tool box "How to get more hours in the day...". What we need from you is to provide us with your detailed paper instructions for our experienced writers to follow all of your specific writing requirements. Specify your order details, state the exact number of pages required and our custom writing professionals will deliver the best quality Project Managers tool box "How to get more hours in the day..." paper right on time.

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The Project Manager's "TOOL BOX"

Any craftsman will quickly tell you that the secret to his success lies largely in the tools he has in his tool box. Project managers are no different. In this series of articles, you will be given various 'tools' that, in skilled hands, will produce beautiful results that make everyone smile.

Tool #1. How to create more hours in the day.

Time is the most precious resource we are given. How we craft our time can make our life either very bad or very good, both on a business and personal level.

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If you will do what is described in the next 7 steps, I guarantee you will do more, in less time, and spend less effort to accomplish your objectives. I feel so strongly about this because I know what it has done in my life for the past 15 years. This WORKS!!!.

Step 1. Start each morning by listing all the things that you need to do that day. From the top down, list business 'to do's' From the bottom up, list your personal 'to do's'. Don't worry about order or importance, just list them all. Include in them all the appointments and meetings you have scheduled.

Step . Beside each 'to do', GRADE each task with and A, B, or C. The A tasks are those tasks that MUST be completed today. The B tasks are those that are important but are not 'show stoppers'. The C tasks are the least important things on your list. If they do not get done today, it is not a problem.

Do this for the personal list of 'to do's' as well.

Step . Rank the A, B, and C's by importance. For instance If you had the following A 'todo's'

A Turn monthly report by 1000

A Obtain approval on scope change

A Locate stakeholder to replace John Thompson.

In this list, the first A would get a 1 beside it because there is a deadline in hours.

The second A is not as important as the last A so it would get a . The list now looks like this

1A Turn monthly report by 1000

A Obtain approval on scope changed

A Locate stakeholder to replace John Thompson.

Step 4 See if any task on the list can be delegated. In this example, we can delegate the A to our project coordinator. Beside this you place a D and the initials of the person to do the task.

1A Turn monthly report by 1000

AD (ja) Obtain approval on scope changed

A Locate stakeholder to replace John Thompson.

Step 5. The most important task is 1A. Furthermore, it must be completed in hours. You then go to your calendar portion of your notes and block out 800 to 1000 and label 'generate report…' For these hours, you will let voice mail answer your phone so you can devote your total attention to this report.

Step 6 You email and/or call Joan Adams (ja) and tell her she is to walk through the scope change form to the proper people today and to call you with a progress report at 110. Write at the 110 slot on your calander "call JA re AD" which refers to the task marked AD

After you have devoted this process to paper, you are now ready to devote yourself to doing the 'to dos' in sequence according to importance. You focus on completing the task in order of importance. .

After you complete the A items, you then go onto the B items in the same manner. C items follow suit 'IF time allows'. Those B and C items that do not get done by day's end, are transferred to tomorrow's 'to do' list. Don't do any B items until all the A items are complete. Don't do any C items so you can 'get them out of the way…' until you complete all the A and B items. DON"T DO IT.

Step 7. As the day progresses, you will see yourself marking tasks complete by a check next to the task. This is the 'slam dunk'. You will begin to take pride in this fact. Those items that do not get completed are reviewed the following day and transferred to the current day and the process of begins again.

The psychological term for this discipline is 'cognitive dissonance'. In layman's term, this process sets up a tension within our selves which motivates us to focus so as to release the tension by completing the task. Furthermore, once the task is completed, the release of tension is cause for celebration as evidenced usually by smiling. There is something powerful in marking the task complete.

As a side note, the personal items listed at the bottom of the page will get done as well. Here is a secret KNOWING what is to be done at home allows the body to 'budget' an amount of physical and emotional energy for the evenings activities. You will be shocked as to how well this actually works once you try it.

All of the major publishers like Daytimer, Dayrunner, Covey's 7 Habits… use this approach. I endorse the Daytimer. I have used it effectively for 15 years and could not live without it. Doing so transformed my business and personal life. Life is good…

I would ask you to prove me right or wrong by doing these 7 steps for weeks. I know what it has done for me and would like to know how it works for you.

Hope this tool is now part of your project management tool box.

Comments, suggestions,

BVANEK@PROJECT-MANAGEMENT-RESOURCES.COM or bvanek@P-M-R.com

I am a PMP certified project manager with 0+ years of project management experience.

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In October and November 001, newspapers were full of stories regarding the collapse of the Houston-based energy trading giant Enron (ENE). On October 16, Enron Corp. disclosed a $1 billion charge mainly connected with write-downs of investments, resulting in a $618 million third-quarter loss and $1. billion reduction in shareholder equity. Part of the charge was connected with a pair of limited partnerships that were run by Enrons CFO, Andrew Fastow. An SEC inquiry followed. By the first week of November, Enron's stock had dropped to under $10/sh from over $0 on October 17 and around $80 at the end of 000. On November 6, Enron was reportedly seeking a cash infusion of at least $ billion in exchange for an equity stake.

Dynegy Inc., another Houston-based energy trading and power company, was specifically mentioned to be seeking a deal on November 7 for roughly $7 billion to $8 billion in stock. On November 1, a deal was announced at 0.685 Dynegy shares for each of Enron's approximately 850 million outstanding shares. The deal planned for an immediate $1.5 billion cash infusion into ENR.

Towards the end of November, Enron was trading for less than half of what Dynegy had offered. On November 8th Dynegy accused Enron of misrepresentations and pulled out of the deal. Five days later Enron filed for Chapter 11 and sued Dynegy for at least $10 Billion for wrongful termination of the merger. Dynegy responded with a lawsuit of its own attempting to take control of Enron's pipeline system.

TAX

a) Assume that the merger were to be consummated as originally proposed, namely for DYN to exchange 0.685 of its shares for each of Enron's approximately 850 million outstanding shares Does this merger qualify as a tax-free transaction?

This merger could qualify as a tax-free merger since control is obtained under a Type B Stock for Stock acquisition. DYN exchanged only voting stock for the equity of ENE, and we can assume that DYN would have gained greater than 80% of the stock (i.e. control of ENE).

b) Would this transaction as described under Assumption A offer Dynegy an option to make a 8 election? Please explain.

Since DYN would obtain 80% or more of ENE's voting stock and 80% of more of the total value of all classes of stock within a continuous 1-month period, it could make a 8 election, provided it does so within 15 days of ninth-month anniversary of November 1.

c) Would this transaction as described under Assumption B offer Dynegy an option to make a 8 election? Please explain.

Based on the same logic, described in part b. above, DYN could make a 8 election. The consideration given up does not affect the acquiring corporations ability to make the election, only the amount of control obtained. In both instances, greater than 80% control was obtained.

d) Would you recommend that Dynegy make such an election if it were available? Please explain.

I would not recommend that DYN make a 8 election. Since ENE does not have sufficient NOL carry-forward's to offset the taxable gain that would have to be recognized immediately on the step-up in asset value (assuming there is a step-up). DYN would not wish to pay in current tax dollars for a benefit it would receive in the future.

DEFENSIVE STRATEGIES Assume that Lands End has resisted the Sears hostile tender offer by putting a poison pill in place and saying "No" to the proposed tender offer. Is this an effective or enforceable defensive strategy? Should Lands End bolster its defenses and, if so, what other defenses would you suggest? Should Lands End identify and try to close a defensive acquisition with a white knight? What is, and will these defensive strategies be reviewed under, the Unocal test. If the Lands End defensive strategies do not pass muster under the Unocal test, will they automatically be declared unenforceable or will there be another layer of review.

A poison pill clause under most circumstances can be an effective, enforceable defensive strategy in dealing with hostile tender offers. When used correctly, they can protect against abusive take over offers and help a board of directors fulfill its fiduciary duties to obtaining the best price for shareholders by increasing the length of time in which decisions can be made on behalf of the company. The poison pill is defensible under the provisions of the Unocal test, described in more detail below.

There are a number of other post-offer defenses that Lands End could deploy, including bringing litigation against the bidder under the Williams Act or Antitrust issues when appropriate. LE directors could also self-tender for shares to enhance its existing control position. While this raises the bidders price, it also decreases the number of shares necessary for the bidder to gain control. Other strategies such as destroying value (scorched earth), greenmail and golden parachutes exist, but are much more difficult to deploy under current tax and regulatory rules.

The use of a white knight is advisable if LE's directors believe the Sears bid poses a reasonable threat to corporate policy or that the price offered is too low.

Unocal is the standard of law formed from the 185 Delaware case Unocal Corp. versins Mesa Petroleum. Under Unocal, the defensive tactics deployed by a board of directors must meet the following two standards

1. Is there reasonable grounds to believe that a threat to corporate policy (of the target corporation) exists, and

. Is the defensive measure taken reasonable with respect to the threat posed (by the hostile offer)?

If the directors pass the Unocal test, then they are subject to upholding their duty of care for its shareholders. If they do not pass, they must exhibit under the duty of loyalty that the entire transaction was fair to the shareholders.

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ʑhese late summer days are beautiful . . . The bittersweet taste of long passed cuisine

lingers still in my mouth. These foods that were intertwined with the late nights and music, the

good times. I long for those days, even though that final light is still lit on summer's calendar.

This final light hints at the impending doom lying beyond in darkness. But it also hints at the

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birth of a new era in my life. "They are not long the days of wine and roses . . . ," Ernest Dawson

noted. These days are not long for a reason. Summer like a good movie, must always end. Even

though Labor Day whispers the end of rest and relaxation, it ushers in a better vacation - school.

School is the time where I may catch up with long overdue gossip, make new everlasting

friendships at the first class on the first day of school, and shatter old ones through the gossip

shed over the summer months. That final day in summer also reveals the responsibilities that life

has in store. That is because as every year fades, I am introduced to new challenges and tasks.

Labor Day may centrifuge summer, and infringe my generation's so called "right" to party all

day, but it also makes me aware that the corrosive hands of time struggle to dissolve my

adolescence. This is why as summer dwindles past, and Labor Day approaches, I welcome it. I

welcome the change in my life and for better or worse, I accept it.

I accept the new friendships that Labor Day introduces, by ushering in the dreadful first

period of the first day of school. And I also accept the doomed friendships that were forged in the

heat of summer and brought to their knees as summer ended. I love catching up on the old gossip

that was etched on summer's grave about the prom queen catching the prom king sleeping with

her mother. And I love watching and acting out the gossip to be. I love the new challenges that

are brought out in school. It's almost like an epic struggle between me and 'The Perfect Project,'

that always has to be double spaced and size twelve font. The perfect project that mocks me

every time a simple pencil mark wont erase on the perfectly non-erasable construction paper. The

perfect project that has to not only be 10 pages long, but has to bore its reader with so-called

interesting facts and fascinating storylines that took place 100 years ago and has no bearing on

my life what-so-ever. I love the smell of the newly waxed floors as I step into the school a few

days early to pay my fees in the musky business office. I love the panic of my friends trying to

find locker partners and to find out what to do and where to go on the first day. I love the

challenges of school that Labor Day rings in. If any of it brings me to my knees, I dust myself off

and try again, such as that pesky algebraic problem that cannot be solved as it has two unknowns.

Or that Social Studies assignment about Mr. Inventor and Mrs. Revolutionary that always seems

to turn out politically incorrect. Or when I failed my first physics exam, and found out my

calculator was on Radian mode. It all takes time and patience.

Little things become crucial, such as waking up earlier than 1pm to get to school, doing

daily revision of what you have learnt (even though you should have been studying during

summer), or even remembering your lunch or lunch money so you don't go hungry at lunch hour.

These things may be small, but every year they add up over time, until finally, you have actually

become an adult and your adolescence is but a glimmer of a thought behind you.

Labor Day reminds you that you are growing older. When you are in Grade Seven and are

so relaxed, you haven't a care in the world. Summer comes and goes, but every year you grow

older and wiser. With every bit of this new found knowledge, it engulfs your childhood and

adolescence in an illusion of smoke and mirrors only to be remembered as a mere dream. Before

I know it, I am no longer accustomed to summer and Labor Day doesn't ring the bell of a new

school year. It changes meaning quickly. It doesn't symbolize the end of my relaxation, or the

beginning of another grade. It starts to be shown for what it really is - a day to commemorate the

working class, which starts to mean more to me, as I slowly become part of it...

As several summers pass, I tend to realize a bit more - like every summer grants me a

piece of a jigsaw puzzle. As the years pass by, the puzzle becomes complete and I realize that

these years are not in vein. The friendships long passed that were not invincible from the winds

of time, and the bonds that yet to be broken are not in vein. The stupid mistake I made on that

math quiz years ago isn't meaningless. The years of pine-sol filled hallways and listening to the

fabricated lives of the jocks and the upstanding students was not in vein. That time I put in the

extra hour or so of effort into a rehearsal wasn't meaningless. These events are the foundation on

which we grow, no matter how minuscule they might seem. That extra hour of rehearsal time

taught me to never do satisfactory work. Those years of listening to the perfect, preppy lives of

the rich and careless taught me to be happy with what I have and have no regrets. Those

friendships that were lost taught me to be more careful about character judgement and the ones

that lasted taught me to reward myself for making the right choices. That math mistake taught me

to always double check my answer. Every one of these episodes are sewn into the fabric of my

life. They taught me what was needed to succeed in life... And for that, I thank you labor day. I

thank you for the cruelty you have unleashed on me year after year, for it has paid off.

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