Ocata Therapeutics Inc fka OCAT

[rocky301]

OS# verses AS#, mail?'s

To clarify, I stated previously I believe the fully diluted
number has passed the 1.75B AS#.(This is only my opinion, 10K will tell the story. If not over it is very very close.)

Fully Diluted # equals the OS# + shares that must be kept in reserve
to honor future conversions of financing, warrants and stock options. None of the above are worth a plug nickel if ACT doesn't have shares to back them up.

If in fact ACT has a fully diluted number over the AS# then they are required to fix the problem. As you can see from last contract on the Series C Preferred with Socius the language that is inserted below. This requires 110% be kept in reserve and 90 days to correct via proxy. If a new CEO and BOD's is on the way via near term it may be possible to get all items done in one Proxy.

1.8 Insufficient Authorized Shares.
If at any time while any of the Warrants remain outstanding the Company does not have a sufficient number of authorized and unreserved shares of Common Stock to satisfy its obligation to reserve for issuance upon exercise of the Warrant at least a number of shares of Common Stock equal to 110% of the number of shares of Common Stock as shall from time to time be necessary to effect the exercise the portion of the Warrant then outstanding (the “Required Reserve Amount”) (an “Authorized Share Failure”), then the Company shall immediately take all action necessary to increase the Company’s authorized shares of Common Stock to an amount sufficient to allow the Company to reserve the Required Reserve Amount for the portion of the Warrant then outstanding. Without limiting the generality of the foregoing sentence, as soon as practicable after the date of the occurrence of an Authorized Share Failure, but in no event later than 90 days after the occurrence of such Authorized Share Failure, the Company shall hold a meeting of its stockholders for the approval of an increase in the number of authorized shares of Common Stock. In connection with such meeting, the Company shall provide each stockholder with a proxy statement and shall use its best efforts to solicit its stockholders’ approval of such increase in authorized shares of Common Stock and to cause its board of directors to recommend to the stockholders that they approve such proposal.
http://www.sec.gov/Archives/edgar/data/1140098/000101376211000004/ex41.htm