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Whoa, whoa. In the absence of news, fear takes over, huh? Exactly why do you think the SEC would delist us as opposed to grey trading? Oh yeah, we're a scam Do you see something concerning Rik's ability to sell the ADS? If sales start(which seems likely), and filings are done, I find it doubtful we couldn't find a market maker to sign off for us, statistics(as reported by an anonymous poster) notwithstanding. Concerning Rik's ability as a leader, he's the first CEO to tackle the problem of going after revenue owed Ants by IBM. And that's the first step in building that relationship back up if so desired, but as you will learn from talking to the company the focus is on selling the ADS, and where necessary doing so with the ACS. Rik has also inspired, so far, two key players to return to Ants. You can see their smiling faces accepting the finalist IBM award here:
http://antsblog.typepad.com/ants-software-blogs/the-ants-compatibility-server/page/2/
Scroll down.
Random thoughts. As someone already pointed out, our public status is in limbo so who knows what rules govern us. That said, even allowing that our unknown status might make this possible, it wouldn't be confidential information, because people will talk, even after signing an NDA, and disseminating this information to a complete list of shareholders almost insures that would happen. It may be that there are several options ahead, and Ants would like an opinion from the shareholders, not a binding vote, an opinion. Then, if necessary, the BOD could propose the favored option and an official vote would be taken. Or maybe it's just non-material information. Is there really such a thing nowadays?
Why would they care who get's that message then?
Yes. Trying to figure why they apparently want to verify this particular information goes to shareholders and not others is difficult to understand. I believe they care about shareholders. A survey of some sort?
Ha! Talk about risk/reward. Worst, best cases. On the one hand we get revoked and lose everything. On the other the ADS and the ACS work marvelously together and we take the database world by storm. Fun, fun, fun
Definitely relevant. It's only a matter of degree.
They said by St. Patrick's Day. This company has major restructuring issues. I, for one, am willing to give them a break.
Did you notice this from the previous link?
"In addressing scalability issues, some solutions involve wholesale replacement of the underlying database. When asked about their willingness to change the underlying database to address issues of scalability almost 80% of respondents were not in favor of this approach.
Replacing the database technology is an extremely costly approach and it is no surprise that companies are not willing to do this."
4Js was headed in a different direction. They didn't want it. And i believe when Ants has a contract signed in regards to the ADS we'll hear about it, and not weeks before. Here are a couple of links regardingt the Database.
http://www-03.ibm.com/press/us/en/pressrelease/20523.wss
http://www.computerworld.com/s/article/9004516/Ants_wins_Navy_bid_over_Oracle
And here's a link about the problem of scalability, in which the ADS excels.
http://www.parelastic.com/blog/survey-finds-database-scalability-still-significant-problem
I should add that there are 6 patents(and 1 pending) related to the ADS, and possibly the ACS. The technologies overlap but I have no idea where. I fail to see how it could be otherwise, but someone needs to verify that we now own the patents. It's interesting to note that engineering wise, many of the heavy hitters left after the focus changed to the ACS. We need some back. Also interesting is that Jeffery Spirn, who was probably the second most important person in the ADS' developement "recommends" 2 people on his LinkedIn page and one of those is Rik. C'mon Jeffrey, Google's boring
What "terms" could you be concerned about. It doesn't fit in with 4Js current offerings. The press release says they "purchased" it. You really think there could be some clause in the contract about being delisted? Realistically the only way we're going to be in trouble is if payments aren't made, as I'm assuming that's the way we'll purchase it. We're talking about a company with a probable valuation around 3 million for cryin' out loud. The database is probably worth more than that by itself. And who are you referring to when you say the founders left? The ADS was Cliff Hersh's baby but he's retired and helping a little from what I understand. And that makes perfect sense as he followed his product over to 4Js, and must have dealt with Rik extensively years before as he was the top salesman for it at Ants. Wouldn't you like to see a substantial portion of your lifes work succeed? Of course the original founders were Don Hutton and Herb Sullivan, but that was ages ago.
"ANTs founders have moved on to other think tank projects, they aren't looking back."
Not necessarily. I hear that Cliff Hersh the original architect, who moved over to 4Js with the database, is retired but helping/consulting Ants. And Cesar Rojas and Alton Dinsmore came back.
Todd, the focus has shifted, and now it is on the ADS, which took a lot of their limited time and resources in retrieving. If you talk to them the plan seems to be to get the ADS in the door for a new installation, and then when they see the performance to use the ACS to help migrate other of their databases to the ADS. This is what I hoped would happen. From what I've been hearing the original ACS is more universal than we've been led to believe. I don't know. And apparently there's a lot more SQL Skin being used out there than we were aware of and it was never paid for. The company has a dedicated effort directed towards righting this wrong. I believe the financials will be done when they stated, assuming this new wrinkle doesn't take too much of their precious time.
LOL. Not a chance man, not..a..chance.
OK, let's examine this. Rik was the leading database salesman for Ants and Times Ten(Oracle). Do people that are ethically challenged continually rise to the top? Sarnaa Archie works right along side him and was recruited by Rik. Take a look at these links and tell me if you think this individual would be involved in a venture that was deceiving investors.
http://about.me/sarnaa
http://www.jordaneasley.net/2009/05/one-way-ticket-to-obedience-sarnaa.html
And his lawyers are ignorant as well? I don't think he's referring to grey market trading when he says it is the consensus of consuls that trading will resume shortly, and according to this excerpt there is an option you failed to mention, which is suspension for up to twelve months, not that anyone would want that. I'll bet(not that I currently can) on Rik and his consuls word before that of an anonymous poster.
B. Whether it is necessary and appropriate for the protection of investors to suspend for a period not exceeding twelve months, or revoke the registration of each class of securities registered pursuant to Section 12 of the Exchange Act of the Respondents identified in Section II hereof, and any successor under Exchange Act Rules 12b-2 or 12g-3, and any new corporate names of any Respondents."
Here are a few excerpts from my post last night showing there are grey( pun intended) areas.
"Furthermore, when an SEC trading suspension ends, a broker-dealer GENERALLY may not solicit investors
to buy or sell the previously-suspended over-the- counter (“OTC”) stock until certain requirements are met."
"However, limited or “unsolicited” trading can occur in an OTC stock that has been subject to a trading suspension after the suspension ends but before a Form 211 is approved."
Time will tell.
http://www.ants.com/index.php/blog/item/a-word-from-the-ceo
A Word from the CEO
on Friday, 21 December 2012. Posted in CEO Corner
SHAREHOLDERS AND FRIENDS OF ANTS,
Today was a momentous day for ANTs, marking the return of our core product. After months of negotiations the ANTs Data Server has finally returned to its rightful home. We are so pleased to also be able to offer technical support to the many ANTs and Genero DB customers.
Our jubilation has been tempered by a matter brought to us by the Securities and Exchange Commission. It is with absolute disdain that I must report that trading has been temporarily halted on ANTs stock.
The ANTs team has been working diligently, along with our accounting firm Cambridge LLC, to retrieve and restore manual books for FY 2011. ANTs and Cambridge have been working around the clock to restore these documents so that they may be filed as soon as possible. We believe this process will be completed by Saint Patrick’s Day, as our accountants are working closely with our auditors in this matter.
During my short tenure as CEO we have been in near constant contact with our division head at the Securities and Exchange Commission, keeping them informed of the progress that we are making, and their actions today came as a great surprise to us.
Please rest assured that after the significant effort we at ANTs undertook to re-acquire the ADS product, we intend to fight to the last man. George S. Patton once said, “If we are not victorious, let no man come home alive.” That sentiment most adequately conveys our feelings here at ANTs Software. We have a plan that we are executing on to reverse this situation and it is the consensus of consuls that we will prevail in this matter and trading will resume shortly.
We will, without question, continue to build our beloved ANTs to greatness with your help and support.
Onward,
Rik Sanchez
Chairman and CEO
Maybe they shouldn't have said it, but from what I've learned about them I'll bet you they meant it. Give 'em some time.
Here's a link to form 211:
http://www.otcbb.com/aboutotcbb/forms/form211.pdf
Late night reading for sweet dreams From sec.gov.
What happens when the ten-day suspension period ends?
The SEC will not comment publicly on the status
of a company when the ten-day suspension period ends because the company may still have serious legal problems. For instance, the SEC may continue to investigate a company to determine whether it has defrauded investors. The public would not know if the SEC is continuing its investigation unless the SEC publicly announces an enforcement action against the company.
Furthermore, when an SEC trading suspension ends, a broker-dealer generally may not solicit investors
to buy or sell the previously-suspended over-the- counter (“OTC”) stock until certain requirements are met. Before soliciting quotations or resuming quotations in an OTC stock that has been subject
to a trading suspension, a broker-dealer must file a Form 211 with the Financial Industry Regulatory Authority (“FINRA”) representing that it has satisfied all applicable requirements, including those of Rule 15c2-11 and FINRA Rule 6432.
Among other things, Rule 15c2-11 requires broker- dealers to review and maintain certain documents and information about the company, including in certain cases:
1. the company’s state of organization, business line, and names of certain control affiliates;
2. the title and class of the securities outstanding; and
3. the company’s most recent balance sheet and its profit and loss and retained earnings statement.
No broker-dealer may solicit or recommend that an investor buy an OTC stock that has been subject to a trading suspension unless and until FINRA
has approved a Form 211 relating to the stock. If there are continuing regulatory concerns about
the company, its disclosures, or other factors, such
as a pending regulatory investigation, a Form 211 application may not be approved.
However, limited or “unsolicited” trading can occur
in an OTC stock that has been subject to a trading suspension after the suspension ends but before a Form 211 is approved. This may allow investors to trade
the stock when a broker or adviser has not solicited or recommended such a transaction. Even though such trading is allowed, it can be very risky for investors without current and reliable information about the company.
Will trading automatically resume after ten days?
It depends on the market where the stock trades. Different rules apply in different markets.
For stocks that quote in the OTC market (which includes stocks quoted on the Bulletin Board and OTC Link (f/k/a Pink Sheets)), quoting does not automatically resume when a ten-day suspension
ends. Before OTC stock quoting can resume after a suspension period, SEC regulations require a broker- dealer to review specific information about the company in accordance with Exchange Act Rule 15c2-11 and FINRA Rule 6432. If a broker-dealer does not have confidence that a company’s financial statements are reasonably current and accurate in all material respects, especially in light of the questions that may have been raised by the SEC suspension action, then a broker-dealer may not publish a quote for the company’s stock. The OTC markets function through dealer systems where only broker-dealers may quote and facilitate trading in OTC stocks.
In contrast to stocks that trade in the OTC market, stocks that trade on an exchange resume trading as soon as an SEC suspension ends.
"bet it goes to .001"
Now that we own the ADS my bet is it doesn't.
Ex, there you go gettin' bi-polar again. We are not "screwed". As long as people will buy from Ants when we're on the Greys, I'll just bet, once the filings are caught up, we can find a market maker to deal with us. Ultimately, all that matters is selling the products. If we are deemed to have an important place in the technological marketplace with our products, the price will to some degree reflect that, even on the Greys. Granted the risk/ reward ratio just went up, and if we went private at too low of a capitalization the exchange note holders and preferred shareholders( are there any other than Constantin?) might wipe us out, but there's still room to be a glass half full kinda guy
Following that many to the Grey market over the years begs the why question. Do you buy some of them when they hit the Greys with the hope a few go private?
Yes, and most of those were probably borderline scams or companies failing fast. Now assuming Ants is not, and even if the share price fell, besides the obvious problem of raising capital, if a company was willing to do business with Ants on the Pinks, do you think they would be less likely because of being on the Greys? Surely managements reputation should count for something.
This link contains interesting information:
http://www.sec.gov/litigation/admin/2013/34-68836.pdf
"In view of the allegations made by the Division of Enforcement, the Commission deems it necessary and appropriate for the protection of investors that public administrative proceedings be instituted to determine:
A. Whether the allegations contained in Section II hereof are true and, in connection therewith, to afford the Respondents an opportunity to establish any defenses to such allegations; and,
B. Whether it is necessary and appropriate for the protection of investors to suspend for a period not exceeding twelve months, or revoke the registration of each class of securities registered pursuant to Section 12 of the Exchange Act of the Respondents identified in Section II hereof, and any successor under Exchange Act Rules 12b-2 or 12g-3, and any new corporate names of any Respondents."
Please, if you're going to "protect" me, have a better reason than punishing a legitimate company struggling to correct past mistakes they were not responsible for!
What I find most interesting about all this is the timing. Right before a potentially market moving PR is released? And this didn't strike me as a typical pennyland PR. That would have been filled with all sorts of speculation about dollars and contracts. Ironically, the government should be fully aware of it's capabilities as the Navy is using it. Big Brother trying to look out for the common people(queue Rare Earth), in their oh, so efficient manner.
Man, I have no idea, and it's the government we're dealing with. You know.....by the book, but we all know that's not quite the way it goes.
Thanks man. Didn't want to bother them today for obvious reasons. Through research and in my opinion, Sarnaa and Rik are very unusual in pennyland. People who can be trusted. This is very unfortunate, but I am sure they'll do everything possible to try and resolve the situation. If you're not up to speed, current management has nothing to do with the late filings. Look over the company's history and you'll begin to understand the hand they were dealt. IF they're trying to do everything right, and I believe that's the case, this is just wrong!
See Lio, just as I predicted. Alien gifted technology. The government will do anything within it's diabolical means to secure possession of our precious assets. Waiting in stealth mode for Ants to re-acquire the missing piece of the puzzle, the moment was seized. For you see, Joe Kozak separated the two most powerful technologies the world has ever seen as their time had not yet come. The deadly combination of the ACS/ADS which yields powers hitherto undreamed of by men will soon be in the hands of the Illuminati. In his boxers, in a bunker/spaceship hidden from inquisitive eyes deep under Atlanta Joe orchestrates the new world order
And I believe that 134 figure is from one of the last quarterly filings. If I remember correctly there is one more reference between the 134 and the 300 million, and it was, I believe, around 150 and was found, I think(LOL, too many guesses) in a Zdarsky filing.
http://secfilings.nasdaq.com/filingFrameset.asp?FileName=0001144204%2D12%2D024221%2Etxt&FilePath=%5C2012%5C04%5C27%5C&CoName=ANTS+SOFTWARE+INC&FormType=SC+13G&RcvdDate=4%2F27%2F2012&pdf=
"IV is prohibited from receiving any shares of common stock that would cause it to be deemed to beneficially own more than 4.99% of the issuer’s total outstanding shares at any one time. For purposes of calculating the percent of class, the reporting persons have assumed that there are a total of 300,000,000 shares of common stock outstanding, such that an aggregate of 15,756,000 common shares issued to IV would represent 4.99% of the outstanding common stock after such issuance."
As I've said before, if you're wondering why the 4.99% is over 15 million, the key word is "after", as in after such issuance.
The only place it is referenced is in a filing by Ironridge where for the purposes of calculation they "assume" the count is 300 million. I'll get the link. I think Doc said something about it in his CEO corner as well.
Test. Does anyone on this board own more than 15 million shares
I've wondered the same. If you look for institutional ownership on nasdaq.com you'll see 3 entities with a current date(9/30/12) listed. If I remember correctly institutions have 45 days after the quarter ends to report, so this information is current. Whether you can extrapolate this to insiders? Hmmmmm. I kept expecting someone to tip the 5% scale and subsequently file, but then again with no more of an official number than the "assume" one in the Ironridge filing, what do you really use for a yardstick?
Todd, I'm not a member so I'll need some contact info.
LOL, me too, but Koolaide's harmless. Who takes him seriously?
Couple o' cheapskates
Mgd, if you're communicating with the company(as have I), I'd like to compare notes as I'm still processing the information(and lack thereof). If so inclined, send a PM with your email. I'm not a subscriber.
M, did you confirm this yourself? Under what title is he employed? I remember him coming back as a member of the technical board and never heard anything else.
Hmmmmmm? Because they know and don't care or....they don't know and therefore don't know they should care
Good thoughts Lio. The only problem is that a reliable poster on this board has contacted 4Js and was told they no longer offer the product. Now I know this doesn't mean they don't still control it. I sent an email to Ants last night about this very topic, saying if you re-acquired it was it a cash deal, a share deal, or a revenue sharing deal. I may not get a satisfactory answer to that, but what I really wanted to know was the status of the AAA and exactly what is on the ACS page. So far no response. That question shouldn't be a problem (well at least with what is on the page) as any interested buyer would soon have this information.
I can only hope. Is that when you'll start talking like an adult again
Just to underline a point here, ownership of the original ACS is not in question, just the ADS. And I personally believe we now own that, but a confirmation from the company on the details would be nice