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Diesenie...the answer to your observation from Steve:
"Some Germans get slow connection speeds to Vancouver. He should try our last three tests which are hosted globally (copies on each continent, picks the closest continent).
On launch, we will use the global cloud and his performance should be better."
Hopefully investors will read carefully that "G2 will be ready by year end." means:
G2 will be ready by FISCAL year end (i.e. NOVEMBER 30th)."
Overland not a "big stock"...but it could be a very good investment...the deal it struck with SPIHF...is very, very rich for OVRL
Now it has to sell Glass and bring in the bacon.
Bottom line...I would not dismiss it at this price level or lower.
disclosure: spihf, no ovrl yet.
IMHO...its a pipe-dream (no pun intended) ...the modified risk approval (lights) in not in the cards in the U.S.
Dont believe FDA make any ruling that will perpetuate smoking...even if it is better than what is out there...
But other opportunities do exist outside U.S.
DSNY will not...if you understand the technology, once adopted...it will stream regardless of operating system.
I believe DSNY meets the $2 requirement for uplisting...even with a few days below $2 (which it had only one) in 120 days...looking forward to DSNY uplisting too very soon...
all good questions....
While I beleive Management is doing its best to uplist (and in the process eliminate enough warrants to do so)....
this is not, as it would appear, a guarantee...
"sent notices to all its warrant holders ENCOURAGING the exercise or amendment of the company's warrants. " via "inducements"....
Does anyone know what those inducements are and will they cause more dilution?
With all of your scenarios below...you are assuming Active Negative Decisions from the Govt. ..
The PRIMARY THREAT to XXII moving forward within a reasonable time in the U.S. is INACTION BY THE GOVT...and XXII would be between a ROCK AND A HARD PLACE to bring SUIT IN COURT to force a decision or action.
IMHO..the only truly promising hope for XXII moving forward with licensing, sales and distribution and therefore revenue is outside the U.S and with BT.
I Hold to my prediction...U.S Govt will be "passive-aggressive" and make "no decisions" that would promote any cigarette company's sales, regardless of whether they can be perceived as "less toxic" then what is in the market.
("The govt could reject our application for entry into the MSA but again that seems mighty unlikely since someone posted Goodrich passed the inspection by the TTB and our license was suppose to be forthcoming in 60-90 days.
Govt could reject the acquisition of NASCO but it was so small can't see why they would do that. Again, if this is done and the Goodrich application fails we would be locked out of the US market and I am not sure we could even produce cigarettes here strictly for export. Having both NASCO acquisition and Goodrich MSA application rejected seems extremely unlikely.
Govt could terminate the X22 trial but after 2 years of study I think they already know how that trial is going to turn out (out that should be completely in XXII's favor)." )
Van...you are right...a Warrant is NOT an Equity position. Just think about it...the warrant expires and is not exercised in the expiration time-frame ... they would have zero interest in XXII.
...they don't have to report an "Equity" interest or position they don't have.
...if they exercise warrants on a "cashless" basis...they might not have to report the transaction since it could be considered a sale of the warrant, not the stock...but I believe that would be a very specific accounting rule I do not have knowledge of.
...finally...exercising of warrant where they take delivery of the stock could be a reportable event...and whether they are "mandated" to publicly disclose is probably governed by the % of their holdings.
...IMHO...the clearest indication of how many warrants Sabby still possesses is the Company's reporting on the general number of outstanding warrants...and we would have to guess as to "who" exercised them if the number has diminished.
What you guys are forgetting about is that the same applies to DSNY and AMZN.
Reducing bandwidth by 90% on streaming video, as well as eliminating pesty transcoding cost via Clipstream G2 makes DSNY a direct target of AMZN...
Don't forget AMZN is "hosting" NFLX...and AMZN, via Clipstream, can provide an exclusive, better experience for users of NFLX, isolating the platform for themselves and their Hosted Customer base, while at the same time increasing their available bandwidth capacity without adding hardware/real estate costs...they have a Home Run!
Don't know what any of your experience is with Netflix via Roku...but mine is pitiful. Movies constantly stop and need reloading and often times are simply dropped on my flatscreen...not sure how it would directly improve with DSNY, but eliminating use of players on devices and streaming/playing from the cloud would have to be a big improvement through streamlining the process.
Ready what you wrote and asked...it would appear
1. Notice of Acceleration of Execution of Warrants may occur after 10 consecutive days with stock at or over $6.00
2. At Execution of Warrants...warrants are converted to Shares (securities) per terms (restricted 144 shares I presume) upon which warrants were issued, accordingly...
3. The newly issued Securities would be subject to a further holding period (4 months) after which the Securities could be sold.
4. So if SPHIF traded for 10 consecutive days...the company could "call" the warrants, at which time the Stock which the warrants authorize the company to issue would be paid at the agreed upon price by the Warrant holder and the company would receive the cash.
5. The holder of the Shares received through the warrants would not be able to trade the shares until the restriction is lifted, which could not be done before 4 months from date of conversion.
Bottom line...the "Overhang" is not the Warrants...but the Stock which was received via the warrants. The "Overhang" is the sale of that stock into the market at above the exercised strike price, but below where the market might want to take the stock. In otherwords...we wont know how much of an overhang the Warrants will be for another 4 months after the company "calls" the warrants.
By that time...it is my hope the company is bought out at some hefty "disruptive" multiple and we dont have to worry about an overhang.
The problems with XXII are the number of warrants/new shares, the Sabby overhang and "failure to act" by the regulatory authorities on all fronts.
You dont know how many shares will potentially will be out there, nor do you know where Sabby is in liquidation. Surely the past week has not been a banner week for volume.
XXII head winds...regulatory authorities play "passive-aggressively" and fail to act indefinitely...as they have done for the past 9 months...
That is the MO of the Obama administration when it comes to Regulatory Agencies when they dont want to grant approval ... by not acting they have achieved the goal of "denial" without an appeal available to reverse the decision.
So SPIHF could still be the cheaper of the two, especially considering immediate potential.
My guess...Obama Administration will stay the course and not grant approval on anything to do with smoking...as it would be perceived as pro-smoking, regardless of the perceived benefits. One exception, perhaps seeing approval as a cessation aid (Pfizer). But how long would that take? My guess...next year sometime, if it happens.
We see the "passive-aggressive" (decision making) in nat gas and oil exploration permits, we see it in Keystone pipeline...etc,and other permit applications.
On the flip side is BP as the white night, outside of the U.S. ...but that might not be until next year...
Believe SPIHF is still cheaper and bigger...
disclosure: holding DSNY, SPIHF and XXII
common sense...look at the volume...look at the blocks...blocks are buyers...
lol...Sabby is not going to sell near .60...not even close...
this is not Sabby selling...
...this started with someone selling out with a Market Order and causing a mini-follow through with weak or frustrated hands looking for a reason to sell.
Yes...they are not liquidating
...but its the principle...peeling off $10K...was it really necessary? Did they really need another $10K in their pocket?
Give me a brake boys, that was very stupid move on their part...they should be buying, at least as a show of confidence.
FYI...Borrowing against an asset is not a taxable event. (look at it as "cashing out" on a refinance of your home, you dont pay taxes until there is a sale).
So pulling cash out via "margin" does not create a tax liability. The subsequent sale of equity you are holding, either through your selling it, your broker selling it (via margin call) or take-over cash buyout does create that taxable event on which you incur a liability.
Better Scenario (IMHO) is a stock swap in buy-out which does not cause a taxable event...but puts you into a company which can grow, have long term stability and pay a dividend...then sell off pieces on own timeframe. (That is why keep saying..I will not sell DSNY as DSNY but will via AAPL, GOOGLE, NFLX, etc)
Best Scenario...purchase and hold all your stock in a Roth IRA (if in early 60s) ...never pay income taxes on the gains, (be they capital or short term) and just clip tax free coupons whenever you need $ (via sale of stock).
Then again...if you are 35 that would be terribly frustrating...watching a "nest egg" for approx. 30 years ... not lots of fun...
reporting trades on SPHIF is crazy today...One chart showing 300, another 3900 and a third 5,600
perhaps a transition off gray sheets coming?
The only real issues..(makin up the 10%) are the new blackberry and I believe some old MSFT based devices...I would not be too concerned with either...BB will eventually evaporate with the older devices..imho
Do not believe it will be launched until the end of October (or even perhaps the 1st week on November)
Looking forward to it...as always.
Petemantx really cant go wrong buying here...even if it drops at some later date into the teens...in the long run..and not too long (imho) the rewards will come
Dies...unlikely that they would get it from Scabby since XXII management appears to not have communication with Scabby anymore...but they can get reports from their registered stock agent as to who the shareholders are and their positions...I believe that it is only requested and done when a vote is required by shareholders or holding annual shareholdr's meeting.
otherwise it is a matter of knowing who has shares in the float and how much volume is coming into the market on the sell side...
There are two scenarios for a Company with Technology to sell to biz customers have to choose from...
1. A Company can develop a marketing plan, hire sales staff, and build sales by Direct solicitation to Customers over a long period of time, organically, or
2. Immediately Sell through Companies who already have business relations with your ultimate customer.
The First requires capital to fund and train sales force and time to execute...rollout over long period of time...but you have a percentage cost and therefore Margin Costs.
With the Second, you pay your partner who has immediate access to use their resources and sales to deal with your Ultimate customer base who they are already and currently dealing with. You pay them (what it would have cost you in Margin costs in First scenario, and perhaps a little more...but you access huge market and immediate sales opportunity. What you lose in Margins with your partner...you more than make up with Volume and Time.
The bottom line...is the Bottom Line...how much you make total...not necessarily how high your margins are.
Which is better?
1. Selling 10,000 apps at $1 with 80% margins for gross profit of $8,000, or
2. Selling 1,000,000 apps at $1 with 50% margins for gross profit of
$500,000?
Really would not worry...with the Fundamentals in place...this is a nice buying opportunity...at the expense of Shabby...they are picking up pennies compared to the dollars they will have left on the table.
In the short term they will have left Millions on the table and probably 10's of Millions if they had been long term holders.
I doubt they have any information that we dont have...I am sure there is a lot more substance to this story that neither we nor they know at this time.
Classic "Cut your nose off to SPITE your face" with S(c)abby...
Apparently Scabby has learned that XXII no longer needs them...since they are probably not discussing any future financing needs...and even if they were to seek additional financing for expansion in the future...
IT WOULD NOT BE WITH SCABBY...since XXII is now in the big leagues and should be able to access "reputable" banking sources...
So guess this is a little "FU" on the way out....but instead of hurting XXII, they are giving their "booty" away at bargain prices for all the retail (and no doubt funds nibbling) ...
This instead of SCABBY really making a killing...
Smart guys huh?...
Next time you see SABBY related to financing an equity ...you know what to do...sell before they do...because the next company they prey on ...might not be as fortunate as XXII in having hidden gold.!
ps. just buying as they sell lower...and lov'in it. Thanks Scabby!
Market Order put in with NITE as MM will always get screwed...not a good idea...also could be just good old manipulation ...they show trades that low and cause panic selling... all sorts of nice games can be played when you are the King!
there is not "extended hours" (pre or after-market) trading with BB stocks...what you see in the am is line-up of bid and ask for the open and at the close the bid/ask are those posted by MM during the day that were not taken removed...but cant be acted upon.
basically filled the gap...lets see what happens from here
1.74 the 52 and all time high...only (and big only) concern is Shabby...dumping into rallies...
THAT (Buffet's interest in BAT)...is a very interesting angle here.
Three factors to consider...that will keep XXII share price tame for now:
1. Not widely known or exposed...not many investors or funds know about it...
2. Price below $2 will keep funds from buying it...and same for some below $5
3. Sabby selling into all buying activity...
absolutely correct Cobra...Investors in BAT will be waking up to XXII as a play...I agree
This Article (published right before the BKYI plunge) explains why widespread NFC adoption is at issue: NO NFC FOR AAPL
Certainly the anticipation of adoption of BYKI tech in iPhone5(s) had much to do with BKYI...AAPL totally ignoring NFC not only killed BKYI's immediate hopes but possibly its futures... No doubt there will be applications ... but no longer "disruptive"...in fact I would contend New Bluetooth is disruptive to NFC.
http://gigaom.com/2013/09/10/with-ibeacon-apple-is-going-to-dump-on-nfc-and-embrace-the-internet-of-things/
pretty much did for XXII what I expected...lucrative licensing deal with Major International Tobacco and enough $ to fund U.S. operations and then some
At least funding stage of this company is over...some continued selling pressure from Sabby until they are done...
Licensing Agreement with BTI (ex U.S) would make the most sense...funding all production etc. BTI selling world-wide (ex Benelux) and Selling into China...
Use lucrative licensing revenues to fund U.S. manufacturing/distribution by XXII...when (and if) acquisition is cleared.
looks like PERT has all or none Ask...just an observation..NITE is getting filled before the PERT 20K offering..
very true Steam... they could do deal today and still be in compliance by announcing it in the next 3-4 days...
TTommy...for FINRA and S.E.C ... "public" as in "public disclosure to shareholders" ... is NOT "public is public"
"Public Disclosure" is a legal term... Speaking alone at ASM IS NOT PUBLIC...
CEO speaking "in public" at ASM is not "public disclosure" for the purpose of disseminating material information and would be a violation of the law.
It is precisely why you have counsel at ASM...to make sure the company does not step over the line...and give info to a "few" (who attend)...It would have been different if XXUU filed 8K with SEC right before the meeting...or posted info on Web site for entire investing community to see. Then speaking at the meeting on new info would have been fine.
More on whether Posting alone on Website "material information" is considered "Public Dissemination" under Reg FD: Bottom line...it would be if it meets the guidelines below, but "better practice" is filing 8k and posting on website.
Also...just announcing at ASM alone would not be = "public notice"...which is why nothing nothing "materially new" was announced on Saturday at ASM.
I would expect XXII to file an 8k and to post on Website that 8k has been filed. = public notice
Press Releases would be icing on the cake and have more PR value, and not mandatory.
WHAT DID THE 2008 GUIDANCE SAY REGARDING THE USE OF COMPANY WEBSITES?
In 2008, the SEC provided three considerations for determining whether information posted on a corporate
website is considered “public”:
• Is an issuer’s website a “recognized channel of distribution”?
• Is information posted in a manner calculated to reach investors?
• Is information posted for a reasonable period of time so that it has been absorbed by investors?
In determining whether a company’s website is a recognized channel of distribution, the analysis focuses on what
the company has done to notify investors and the market of its website and disclosure policy. The SEC indicated
that steps a company can take to establish its website as a recognized channel for disclosing information include:
• listing a company’s website address on periodic reports and press releases;
• establishing a pattern of posting important information on its website; and
• informing investors that they can find important information about the company on its website.
In evaluating whether the posting of information on a company website disseminates the information in a manner
that makes it available to the public in general, the SEC indicated that companies should focus on the manner in
3
Selective Disclosure and Insider Trading, Release No. 34-43154 (August 15, 2000).
Actually you are right...there is a tie-in with pricing (the impact I do not recall) of Sabby warrants as of close of quarter (vs. the next quarter)...which would be close of trading on Monday...
I don't know if that is guiding the release of information before the close on Monday. If it is relevant, we could very well see news "after" the close Monday.
Regardless of all this speculation on why they did or did not put out a press release or file an 8k will all be moot by mid-night tomorrow night...as represented by the Board at ASM (per attendees).
Counsel at ASM is the norm.