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2025-01-13   

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Ousted Syrian leader Assad flees to Moscow after fall of Damascus, Russian state media sayNEW YORK (AP) — Sean “Diddy” Combs was denied bail on Wednesday as he awaits a May sex trafficking trial by a judge who cited evidence showing him to be a “serious risk” of witness tampering and proof he has tried to hide prohibited communications with third parties while incarcerated. U.S. District Judge Arun Subramanian ruled in a five-page order following a bail hearing last week. At the hearing, lawyers for the hip-hop mogul argued that a $50 million bail package they proposed would be sufficient to ensure Combs doesn’t flee and doesn’t try to intimidate prospective trial witnesses. Two other judges previously had agreed with prosecutors that the Bad Boy Records founder was a danger to the community if he is not behind bars. Subramanian concurred. “There is compelling evidence of Combs's propensity for violence,” Subramanian wrote. Lawyers for Combs did not immediately respond to messages seeking comment on the decision. Nicholas Biase, a spokesperson for prosecutors, declined comment. Combs, 55, has pleaded not guilty to charges that he coerced and abused women for years, aided by associates and employees. An indictment alleges that he silenced victims through blackmail and violence, including kidnapping, arson and physical beatings. A federal appeals court judge last month denied Combs’ immediate release while a three-judge panel of the 2nd U.S. Circuit Court of Appeals in Manhattan considers his bail request. That appeal was put on hold while Subramanian, newly appointed to the case after an earlier judge stepped aside, considered the bail request for the first time. Subramanian said he took a fresh look at all the bail arguments and the evidence supporting them to make his decision. Prosecutors have insisted that no bail conditions would be sufficient to protect the public and prevent the “I'll Be Missing You” singer from fleeing. They say that even in a federal lockup in Brooklyn, Combs has orchestrated social media campaigns designed to influence prospective jurors and tried to publicly leak materials he thinks can help his case. They say he also has contacted potential witnesses through third parties. Lawyers for Combs say any alleged sexual abuse described in the indictment occurred during consensual relations between adults and that new evidence refutes allegations that Combs used his “power and prestige” to induce female victims into drugged-up, elaborately produced sexual performances with male sex workers known as “Freak Offs.” Subramanian said evidence shows Combs to be a “serious risk of witness tampering,” particularly after he communicated over the summer with a grand jury witness and deleted some of his texts with the witness. The judge also cited evidence showing that Combs violated Bureau of Prisons regulations during pretrial detention at the Metropolitan Detention Center in Brooklyn when he paid other inmates to use their phone code numbers so he could make calls to individuals who were not on his approved contact list. He said there was also evidence that he told family members and defense counsel to add other people to three-way calls so their communications would be more difficult to trace and that he made efforts to influence his trial's jury pool or to reach potential witnesses. Subramanian said his “willingness to skirt” jailhouse rules to conceal communications was “strong evidence” that any conditions of release would not prevent similar behavior. The judge said defense claims that Combs stopped using one particular phone technique criticized by prosecutors was belied by the fact that Combs apparently used it again on Sunday, two days after his bail hearing last week. Even a bail proposal that would include the strictest form of home confinement seemed insufficient, the judge said. “Given the nature of the allegations in this case and the information provided by the government, the Court doubts the sufficiency of any conditions that place trust in Combs and individuals in his employ — like a private security detail — to follow those conditions,” Subramanian wrote. Copyright 2024 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed without permission. Get local news delivered to your inbox!

NORTH CANTON, Ohio , Dec. 11, 2024 /PRNewswire/ -- Diebold Nixdorf , Incorporated DBD (the "Company") today announced that it priced its previously announced offering (the "Notes Offering") of $950.0 million aggregate principal amount of 7.750% Senior Secured Notes due 2030 (the "Notes"). The Notes Offering is being conducted in reliance upon one or more exemptions from the registration requirements of the Securities Act of 1933, as amended (the "Securities Act"). The Notes will be issued at a price of 100.000% of their principal amount. The Notes Offering is expected to close on December 18, 2024 , subject to market and other conditions, including the consummation of the New Revolving Credit Facility (as defined below). On or about the closing of the Notes Offering, the Company expects to enter into a new $310.0 million revolving credit facility maturing in December 2029 (the "New Revolving Credit Facility"). The Company intends to use the net proceeds of the Notes Offering, together with borrowings under the New Revolving Credit Facility and cash on hand, to (i) repurchase all of the term loans under the Company's existing senior secured term loan facility that are validly submitted for repurchase pursuant to the previously announced Dutch auction, (ii) repay all of the borrowings outstanding under its existing super-priority senior secured revolving credit facility, and (iii) pay all related premiums, fees and expenses. The Company intends to use any remaining net proceeds of the Notes Offering for general corporate purposes, which may include the repayment of debt. The Notes will be the senior secured obligations of the Company and will be guaranteed, on a senior secured basis, jointly and severally, by (i) as of the issue date of the Notes, each of the Company's subsidiaries that is a borrower under or guarantees the obligations under the New Revolving Credit Facility and (ii) following the issue date, any of the Company's existing or future wholly owned domestic subsidiaries (other than certain excluded subsidiaries) that is a borrower under or guarantees the obligations under the New Revolving Credit Facility or incurs or guarantees certain capital markets indebtedness (the "Guarantors"). Additionally, it is expected that the Notes and the related guarantees will be secured by first-priority liens on substantially all of the tangible and intangible assets of the Company and the Guarantors, in each case subject to certain exclusions and permitted liens, which collateral will also secure, on a pari passu basis, the New Revolving Credit Facility. This press release does not constitute an offer to sell or the solicitation of an offer to buy any securities. The Notes and related guarantees are being offered only to persons reasonably believed to be qualified institutional buyers in reliance on the exemption from registration set forth in Rule 144A under the Securities Act, and outside the United States , to non-U.S. persons in reliance on the exemption from registration set forth in Regulation S under the Securities Act. The Notes and the related guarantees have not been and will not be registered under the Securities Act, or the securities laws of any state or other jurisdiction, and may not be offered or sold in the United States except pursuant to an applicable exemption from the registration requirements of the Securities Act and applicable state securities or blue sky laws and foreign securities laws. About Diebold Nixdorf Diebold Nixdorf , Incorporated DBD automates, digitizes and transforms the way people bank and shop. As a partner to the majority of the world's top 100 financial institutions and top 25 global retailers, our integrated solutions connect digital and physical channels conveniently, securely and efficiently for millions of consumers each day. The Company has a presence in more than 100 countries with approximately 21,000 employees worldwide. Forward-Looking Statements This press release contains statements that are not historical information and are "forward-looking statements" within the meaning of the federal securities laws. Forward-looking statements give current expectations or forecasts of future events and are not guarantees of future performance. These forward-looking statements include, but are not limited to, statements regarding the Refinancing Transactions and the Company's intended use of proceeds of the Notes Offering. Statements can generally be identified as forward looking because they include words such as "believes," "anticipates," "expects," "intends," "plans," "will," "estimates," "potential," "target," "predict," "project," "seek," and variations thereof or "could," "should" or words of similar meaning. Statements that describe the Company's future plans, objectives or goals are also forward-looking statements, which reflect the current views of the Company with respect to future events and are subject to assumptions, risks and uncertainties that could cause actual results to differ materially. Although the Company believes that these forward-looking statements are based upon reasonable assumptions regarding, among other things, the economy, its knowledge of its business, and key performance indicators that impact the Company, these forward-looking statements involve risks, uncertainties and other factors that may cause actual results to differ materially from those expressed in or implied by the forward-looking statements. Readers are cautioned not to place undue reliance on these forward-looking statements, which speak only as of the date hereof. Some of the risks, uncertainties and other factors that could cause actual results to differ materially from those expressed or implied by the forward-looking statements include, but are not limited to: the Company's ability to consummate the Notes Offering and the other Refinancing Transactions; the Company's recent emergence from its and certain of its U.S. and Canadian subsidiaries' jointly administered cases in the U.S. Bankruptcy Court for the Southern District of Texas (the "U.S. Bankruptcy Court") and its voluntary proceedings in the District Court of Amsterdam (the "Dutch Court"), which could adversely affect our business and relationships; the significant variance of our actual financial results from the projections that were filed with the U.S. Bankruptcy Court and Dutch Court; the overall impact of the global supply chain complexities on the Company and its business, including delays in sourcing key components as well as longer transport times, especially for container ships and U.S. trucking, given the Company's reliance on suppliers, subcontractors and availability of raw materials and other components; the Company's ability to generate sufficient cash or have sufficient access to capital resources to service its debt, which, if unsuccessful or insufficient, could force the Company to reduce or delay investments and capital expenditures or to dispose of material assets or operations, seek additional debt or equity capital or restructure or refinance its indebtedness; the Company's ability to comply with the covenants contained in the agreements governing its debt; the Company's ability to successfully convert its backlog into sales, including our ability to overcome supply chain and liquidity challenges; the ultimate impact of infectious disease outbreaks and other public health emergencies, including further adverse effects to the Company's supply chain, and maintenance of increased order backlog; the Company's ability to successfully meet its cost-reduction goals and continue to achieve benefits from its cost-reduction initiatives and other strategic initiatives; the success of the Company's new products, including its DN Series line and EASY family of retail checkout solutions, and electronic vehicle charging service business; the impact of a cybersecurity incident or operational failure on the Company's business; the Company's ability to attract, retain and motivate key employees; the Company's reliance on suppliers, subcontractors and availability of raw materials and other components; changes in the Company's intention to further repatriate cash and cash equivalents and short-term investments residing in international tax jurisdictions, which could negatively impact foreign and domestic taxes; the Company's success in divesting, reorganizing or exiting non-core and/or non-accretive businesses and its ability to successfully manage acquisitions, divestitures, and alliances; the ultimate outcome of the appeals for the appraisal proceedings initiated in connection with the implementation of the Domination and Profit Loss Transfer Agreement with the former Diebold Nixdorf AG (which was dismissed in the Company's favor at the lower court level in 2022) and the merger/squeeze-out (which was dismissed in the Company's favor at the lower court level in 2023); the impact of market and economic conditions, including the bankruptcies, restructuring or consolidations of financial institutions, which could reduce the Company's customer base and/or adversely affect its customers' ability to make capital expenditures, as well as adversely impact the availability and cost of credit; the impact of competitive pressures, including pricing pressures and technological developments; risks related to our international operations, including geopolitical instability and wars; changes in political, economic or other factors such as currency exchange rates, inflation rates (including the impact of possible currency devaluations in countries experiencing high inflation rates), recessionary or expansive trends, disruption in energy supply, taxes and regulations and laws affecting the worldwide business in each of the Company's operations; the Company's ability to maintain effective internal controls; unanticipated litigation, claims or assessments, as well as the outcome/impact of any current/pending litigation, claims or assessments; the effect of changes in law and regulations or the manner of enforcement in the United States and internationally and the Company's ability to comply with applicable laws and regulations; and other factors included in the Company's filings with the Securities and Exchange Commission (the "SEC"), including its Annual Report on Form 10-K for the year ended December 31, 2023 as filed with the SEC on March 8, 2024 , and its Quarterly Report on Form 10-Q for the quarterly period ended September 30, 2024 . Except to the extent required by applicable law or regulation, the Company undertakes no obligation to update these forward-looking statements to reflect future events or circumstances or to reflect the occurrence of unanticipated events. You should consider these factors carefully in evaluating forward-looking statements and are cautioned not to place undue reliance on such statements. View original content to download multimedia: https://www.prnewswire.com/news-releases/diebold-nixdorf-prices-offering-of-senior-secured-notes-302329498.html SOURCE Diebold Nixdorf , Incorporated © 2024 Benzinga.com. Benzinga does not provide investment advice. All rights reserved.Pep Guardiola cut a shocked figure when asked about Ilkay Gundogan's remark that Manchester City are 'over complicating' parts of their game. City suffered a second successive away defeat in the Champions League on Wednesday, falling to a 2-0 defeat to Juventus in Turin. Goals from Dusan Vlahovic and Weston McKennie sunk Man City to 22nd in the Champions League table, leaving them one point off the elimination zone with two games to go. Man City midfielder Gundogan spoke to TNT Sports after his side's seventh defeat in ten and admitted they were lacking in confidence. "It’s very disappointing," he said. "We had chances to score a few goals but at the moment it feels like every attack we concede is just so dangerous. "I don’t know, I have a feeling sometimes we are a bit careless with duels, instead of playing simple we over complicate things and we missed the right timing to release the ball. Just lose the ball and give them counter attacks. "We are built for possession, keep the ball, be strong, if you can’t do anything don't lose it. At the moment it’s not working out for us." He continued: "[Confidence] is a big part of it and obviously that's a mental issue as well. You can see that. We sometimes, one action we miss the ball, lose a duel and you see that we drop immediately, lose the rhythm, they are able to break our rhythm with the easiest of things. They don't even need to do much. "You have to do the simple things as good as possible. Work hard again, this is how you get confidence back, even in the game if you miss something, by doing small and simple things you get confidence back at the moment we are always doing the wrong things. "I feel like we know exactly what's going wrong. If you look at the most part of games even today we actually didn’t play bad, created chances, just missed to score, in these kind of games if you give away once chance it's not easy to bounce back. "We know what's going wrong it's just finding the switch to turn things around because even though we are not getting results, it doesn't feel like we are far off. "As long as we don't find that click it's going to be tough, the only thing right now we can do, every single player needs to question themselves, to do better, how the player can individually sacrifice more to contribute to the team so we can get collectively back on our way." But when his manager Guardiola came to analyse the game, he was visibly stunned by one of his star's comments. "We played good, really, really good," Guardiola said. "We missed the last part, the last action and we arrive, so. "We concede a few, some transition happened. I'm so proud of these players, they give everything and they tried and we live in this period and hopefully we can change the results. "I know it's difficult the result. It's difficult in the Champions League, in Europe, but we play very good." Asked about Gundogan's take on players over complicating things, Guardiola faced formed into a frown of confusion. Quizzed on whether it was a confidence issue for his players, he paused before asking her to clarify what his player said. After Gundogan's comment was repeated, Guardiola said: "No, no. We have done it today. Other days no, but today we have done it. "We have done really, really well. We didn't lose many balls that [would have] happened in the past. "We tried, we arrived in the positions but you know, Italian teams defend so deep and compact it's not easy. They're a master in these kinds of situations. "We played who we are, we miss the result, but the performance is there." Guardiola is now on his worst ever Champions League run. For the first time in his managerial career, Guardiola has failed to win three consecutive matches in the group and or league phase of the Champions League. He has instead seen out one draw and two losses. For the Citizens, meanwhile, it’s their longest such run since the 2014/15 campaign, which saw them draw two and win two. And that's not the only horror stat on the ever-growing list Guardiola's out of form side have endured. Man City face Manchester United on Sunday in the Premier League.

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