Humanigen Inc (HGENQ)

[cowtown jay]

Despite the law, a company can stay on RegSHO indefinitely. Just because there are laws, doesn't mean that the SEC will enforce them.

SpongeTech is an example. In a Motion that I filed in that case, I presented the following.

“Date
Reg SHO Threshold Flag?
Oct 6, 2009 Yes
Oct 5, 2009 Yes
Oct 2, 2009 Yes
Oct 1, 2009 Yes
Sept 30, 2009 Yes
Sept 29, 2009 Yes
Sept 28, 2009 Yes
Sept 25, 2009 Yes
Sept 24, 2009 Yes
Sept 23, 2009 Yes
Sept 22, 2009 Yes
Sept 21, 2009 Yes
Sept 18, 2009 Yes
Sept 16, 2009 Yes
Sept 15, 2009 Yes
Sept 14, 2009 Yes
Sept 11, 2009 Yes
Sept 10, 2009 Yes
Sept 9, 2009 Yes
Sept 8, 2009 Yes
Sept 4, 2009 Yes
Sept 3, 2009 Yes
Sept 2, 2009 Yes
Sept 1, 2009 Yes
Aug 31, 2009 Yes
Aug 28, 2009 Yes
Aug 27, 2009 Yes
Aug 26, 2009 Yes
Aug 25, 2009 Yes
Aug 24, 2009 Yes
Aug 21, 2009 Yes
Aug 20, 2009 Yes
Aug 19, 2009 Yes
Aug 18, 2009 Yes
Aug 17, 2009 Yes
Aug 14, 2009 Yes
Aug 13, 2009 Yes
Aug 12, 2009 Yes
Aug 11, 2009 Yes
Aug 10, 2009 Yes
Aug 7, 2009 Yes
Aug 6, 2009 Yes
Aug 5, 2009 Yes
Aug 4, 2009 Yes
Aug 3, 2009 Yes
Jul 31, 2009 Yes
Jul 30, 2009 Yes
Jul 29, 2009 Yes
Jul 28, 2009 Yes
Jul 27, 2009 Yes

10-13647-smb Doc 408 Filed 12/05/12 Entered 12/05/12 12:29:04 Main Document
Pg 23 of 29

What did the SEC do? "The SEC suspended trading in Spongetech stock on Oct. 5, 2009..."

https://www.sec.gov/news/press/2010/2010-70.htm

What is the law?

"In addition, Rule 203(b)(3) of Regulation SHO requires that participants of a registered clearing agency must immediately purchase shares to close out failures to deliver in securities with large and persistent failures to deliver, referred to as “threshold securities,” if the failures to deliver persist for 13 consecutive settlement days."

http://www.sec.gov/investor/pubs/regsho.htm

So my question was, and is, how are participants going to purchase shares to close out FTDs, when the SEC suspends trading, even when the company was on the RegSHO list?

KBIO shareholders have been fortunate. But in my opinion, I think it would be naive to believe that you are isolated from being victimized by a short selling campaign, regardless of how many shares the Shkreli group holds, and regardless of what the law is. But I am very happy for all of you.