No, you are the incorrect and confused one Mary..First you said that the Series J Preferreds have "every legal right" to FORCE NXXI into bankruptcy...Then, after I proved to you with a link, that Preferred Shareholders have no such legal rights, you have made a complete turn-around!!..Now, you are claiming that "the debt" of $18M owed in just 10 months to Series J holders will force NXXI into bankruptcy.. Again, you are very wrong because the $18M debt owed to SeriesJ will NEVER force NXXI into bankruptcy..Their are TWO ways for Series J to recoup their investment but I don't feel it good to elaborate any further at this time as doing so may only confuse you more..

This discussion began when you tried to make it appear that NXXI's revenues declined 67% over last year and I simply pointed out that your post was very misleading and gave the reasons why..
Again you are misleading when you try to make others believe that EBIDTA is not a measure of growth..Perhaps you should read the attached link which should explain that better to you..

http://www.google.com/url?sa=t&source=web&cd=3&sqi=2&ved=0CCAQFjAC&url=http%3A%2F%2Fwww.mysmartrend.com%2Fnews-briefs%2Fnews-watch%2Fspartan-motors-has-relatively-high-ebitda-growth-auto-parts-equipment-industr&ei=3-DDTLjzJ8e-nAfK-NHdCQ&usg=AFQjCNFGa8Hyyu1GqvXQdFNj-Bml7-RAxQ

Regarding your opinion as to the extension of the contract with the Preferred investors again I see that you sound confused because actually the Preferreds have NO legal rights to force NXXI into BK..Bondholders may be able to do that but not Preferred Shareholders..The major difference between Preferred Shareholders and Common Shareholders is that the Preferred Shareholders have "superior rights to assets" in the event of a liquidation or bankruptcy.. They cannot force a company into bankruptcy!!!..
Perhaps the attached link will help you to better understand the rights of Preferred Shareholders..

http://www.google.com/url?sa=t&source=web&cd=1&ved=0CBMQFjAA&url=http%3A%2F%2Fwww.allbusiness.com%2Fbusiness-planning%2Fbusiness-structures-corporations-stock%2F3779142-1.html&ei=tOnDTLGPLNHTngfN04DuCQ&usg=AFQjCNFGc3iNfS4oSWaP1Iw05LaSoGpq7A

Of course the EBIDTA is calculated from the past but is still determined each QUARTER.. I look for their EBIDTA to continue to improve in future quarters.. All of this is due to their new business plan put into effect after the retail portion of their business was sold..NXXI is now leaping forward and I am looking for some big PRs forthcoming announcing new joint ventures with big pharma companies..As for the $18M due on 9/11 (and not 11/11 as you posted) I forsee the company and their Preferred investors re-negotiating and extending their contract for another reasonable time period..Perhaps even for another 5 years..
My theory on this is due the the fact that:
#1. The Preferreds have always received their dividends..Not in cash but in shares and the company has never once reneged on those dividends..
2. The Preferred investors can now see that the company has turned things around by looking at their consesecutive past quarters of positive EBIDTA..

You are quoting figures from the past however, the facts remain that their EBIDTA has doubled within the past year which proves they are now growing rapidly..I believe this is the primary reason that they received the distinguished award..The co. has been very busy of late establishing new ingredient accounts with various pharma companies which will continue to produce new growth..I believe the company has now turned itself around since ridding themselves of the retail business and their future now is looking very bright..

The CEO is telling us like it is. I'm sure she would rather tell us that the audits would be filed and completed tomorrow but she can't as she has no specific date and only a projected time period.. Therefore she can only say that these things will all be done SOON!
She has commited herself to many things which when and if they happen will boost the share price tremendously..
Namely, she has said:
1. The dividends will be sent out..
2. She plans to do an extensive share "Buy back"..
3. She claims the share price is very undervalued and the Book Value is worth around .08..If her filings prove this that alone will send the share price sky rocketing..
4. She claims their music library to be one of the largest and expects to be selling this music in multiple retail stores as well as online..

Actually there was a gain in revenues this year over last (from continued operations) and their EBITDA more than doubled..You have included their "dis-continued operations" losses from last year in your figures which is very mis-leading as to their actual growth this year over last..All in all the company is now doing much better this year than last and I look for them to be showing some actual profits real soon..

Yes, there was some real strength today showing a lot of interest in this co..Must be some news coming out real SOON!!

Now, that's huge and welcome news..Roxanne has repeatedly proclaimed that EMXC is worth much more than the current price and with a Book Value of somewhere in the .08 range..A "Stock Buy Back" could do just that..Hang on folks!! Sounds like we're going up to numbers we only dreamed of..

This stock looks like it is getting close to a huge "Breakout"..If I were a "Short Seller" of EMXC I would definitely be covering my "Short Position" come early Monday morning!!

I doubt she would have stated that the company has an .08 Book Value if it were not true.. Perhaps the reason she isn't buying more is because she already holds enough stock..You'll have to ask her..



http://www.google.com/url?sa=t&source=web&cd=3&sqi=2&ved=0CBgQFjAC&url=http%3A%2F%2Fpennystockgurus.blogspot.com%2F2010%2F03%2Femxc-guru-expects-big-gains-for-this.html&ei=-iakTKCRIYXgnAft97GQAQ&usg=AFQjCNEEQiVCP4yIjks2lDiMBy4Llail4g

They have a lot of things in the fire now with Pharma Companies and I especially like the one regarding their new weight loss testing..

Well, she claims the Book Value of EMAX is around .08 and she will have to get the word out..Hopefully, we'll be seeing .08-.10 soon!! GLTA

WOW!! Looking Gooooooood!!

Agreed

Going back up again on nice volume..Someone is buying quite heavy..Perhaps a PR is coming soon!!

Go to Nutrition21 home page and click on "OUR PRODUCTS"..It's stated in the very last paragraph.. GL

The CEO of NXXI has stated that the company is in the process of "testing a second proprietary weight loss formula"..If they score on this one it could be just what the doctor ordered to get the company back on it's way to financial health..Evidently their testings thus far must be looking good and HOLMES is certainly aware of this..

I believe that your feelings are right on tract!!

No..You show me as you are the one disputing the matter!!

You are the one who is WRONG and attempting to MISINFORM people..
I'm simply attempting to set the records straight..
HOLMES is a Series J Investor!!..Of course he has not come right out and said he is but the proof was in his recent filing.. In that filing he declared that Midsummer gave him 7.7M shares of common shares, which were his share of the quarterly dividends..
SHOW me where I said anywhere that HOLMES owns 30%!!..
What I really SAID was that by changing their THRESHOLD to 30% NXXI has NOW made it easier for HOLMES to acquire UP to 30% without TRIGGERING the THRESHOLD!! Got it now???

Haha..Again you are so WRONG!! I guess I need to educate here..
First of all, Holmes is not only after the assets and future business but also wants the NOLS..In order to get the NOLS he most likely will need to do a "Reverse Merger" and to do so He needs SHAREHOLDERS already in place!! If NXXI were not planning a Merger with Holmes they would have left their Threshold at 15%..(But then their "Poison Pill" in effect would have triggered causing massive dilution)..They didn't want that..By changing their Threshold to 30% they have allowed Holmes to purchase up to 30% and with Holmes 30% and the Insiders shares combined, they most likely will hold control with over 50%..We know from Holmes filing that he wanted and received his 7.7M shares from Midsummer which was shares due him in leiu of cash on his investment..Then, immediately he went onto the open market and purchased nearly 8M more..Between now and Sept. 11th Holmes will be gaining many more shares as his dividends but I still look for him to acquire more on the open market..
Now you can also see why Midsummer is getting quite worried because their goal was to unite ALL of the Preferred Shareholders (including Holmes) and get all Preferred Shares redeemed into Common Shares to gain the needed 51% majority..But it appears that Holmes has his own interest at stake..
There's much more but we'll leave it there for now..

I told you earlier why he has been buying on the open markets..And to top it off the company is even helping him acquire up to 30% of their issued shares by changing their Threshold from 15% to 30%..
It now appears as if Holmes and NXXI are looking to merge to keep Midsummer from acquiring a majority stock position..

THANK YOU!!Your link proves what I said earlier and how WRONG you are!!
Those 7.7M shares which he first acquired were issued from NXXI to Midsummer Invstments LTD of which Holmes is a partner in..Then passed on to Holmes!! Got it now???

LaSalle:
Holmes and NXXI have already formed a PARTNERSHIP so to speak..
Now, NXXI has changed their Threshold from 15% to 30%.
To me it appears the company did this for Holmes so, that he can acquire 30% of the issued shares..His 30% plus the total INSIDER'S share holdings would then likely create a 51% majority..WHY?...Most likely to stifle any further "Hostil Takeover" movement from Midsummer and the other Series J Investors should they create an alliance..
Midsummer has already filed their intent to attempt to form an alliance with the other Series J Investors, CONVERT all of their Preferred Shares to Common Shares and possibly even purchase more common shares if necessary in order to gain control of the companies management..
Holmes may be just the friendly "WHITE KNIGHT" that NXXI needed!!
Ther is definitely a POWER STRUGGLE going on here!!

You are the one who is very WRONG and attempting to mislead people here!!
Holmes IS a Series J Investor and about 7.7M of his shares were given to him by the company as dividends on his investment....

http://www.google.com/url?sa=t&source=web&cd=1&sqi=2&ved=0CBIQFjAA&url=http%3A%2F%2Fwww.stockfrontrunners.com%2Fpress-updates%2Fnutrition-21-inc-otcnxxi-surges-sharply-up-shares-get-overbought%2F&ei=faqsTMGCMtPL4gbOrImWCA&usg=AFQjCNH2BGBTMMS0cujMIvFTNMZ5xFHh3Q

His most recent filing NOW shows him owning 15M shares..How did he get those 15M shares when he only purchased apx. 7.8M shares on the open market? EXPLAIN that!!

You finally admitted that NXXI has become valuable!!lol..

Very informative post..What you have just posted may be the primary reasoning behind all that has been going on with the company changing their threshold for Holmes to acquire up to 30% of their outstanding shares w/o triggering the Threshold...If he becomes friendly to the company his shares, plus insider held shares may be enough to thwart any takeover of management by the other Series J group of investors..
Holmes is one of the SeriesJ investors himself but he may have other selfish ideas!!lol..

As I said earlier Holmes recent purchase of nearly 8M shares on the open market is a mystery which could be for one of the various reasons which I mentioned earlier..
However, We all know that what the company just did by increasing their "rights plan" to 30% from 15% has now made it possible for Holmes to acquire up to 30% of the outstanding shares before triggering the "rights plan".. Something is definitely going on here!! Perhaps the results of some recent studies performed by the company has sparked his interest dramatically..And let's not forget about the companies NOL's which also have a lot of value..

In this case I love dilution too because it will make it all the harder for your Series J Group to gain control of management!!
Right now dilution is the "common shareholders" friend!! I will not elaborate any further..lol..

Share price could EXPLODE up into the .05 to .10 range!!

Shorts must cover now or get crushed!!

That would be much worse for the common shareholders because once they have control of the company they will also control all assets and upon liguidation the commons will get nothing for their shares..
Holmes being the CEO of Pharmachem now owns 15m shares...Why he added nearly 8M shares to his already owned 7M shares gained from his share of Series J dividends is a mystery..
Below are some possibilities of why:
1. He forsees NXXI soon becoming quite profitable..
2. He and the Company are planning a merger of some type..
3. He is assisting the Consortium of Series J Shareholder's effort to gain 51% or more of the common shares to do a takeover of management..
One thing we do know is that a CEO from a "competive" company rarely purchases a large block of shares in their competition without good reason..

Midsummer's shares came from dividends paid to them (in leiu of cash) by the company..The CEO of Pharmachem, (the ingredients co.) obtained apx. 7M of his shares also from dividends and then outrightly purchased his other nearly 8M shares on the open market..
Midsummer is now in the process of testing the waters with other Preferred investors to see if they want to all join forces and redeem their Preferred Shares into Common shares and even purchase more shares if necessary..I believe this is in hopes of gaining the 51% majority of Common Shares needed to take over management of the company..
Unless the company can pay the balance of their qt. dividends in cash (at the current share price) the company will be issuing the Preferred Shareholders apx. another 100,000 shares as dividends by 11/11/11 when the redemption comes due..In my opinion, the company should quickly offer shares to stockholders at bargain prices to dilute the stock, thus preventing the consortium of Preferred Share investors from gaining the 51% majority needed to takeove control of the company..Another way would be to get a 3rd party "White Squire" to buy a large amount of stock (but not controlling interest) to prevent any "hostile takeover"..

From the CEO's Facebook page Roxanna says EMAX is on the move and to watch for a lot of new MUSIC STARS coming from EMAX music, Lure Records Legacy Studio, Washburn Studios, and Mastermix Studios...
This is good news for all EMAX Shareholders!!

The volume has really picked up the last couple trading sessions..A very good sign of better things ahead..

David Holmes didn't purchase nearly 8M shares on the open market (all the way up to .06) if he did not think that the share price was going much higher!!

That would not be surprising as the CEO claims the BOOK VALUE is .08.....

Here is a link showing BV of .08

http://www.google.com/url?sa=t&source=web&cd=3&sqi=2&ved=0CBgQFjAC&url=http%3A%2F%2Fpennystockgurus.blogspot.com%2F2010%2F03%2Femxc-guru-expects-big-gains-for-this.html&ei=-iakTKCRIYXgnAft97GQAQ&usg=AFQjCNEEQiVCP4yIjks2lDiMBy4Llail4g

As you can see we have a long way to go!!

The CEO is a she and here is the link:

http://finance.yahoo.com/news/eMax-Worldwide-Inc-Announces-iw-3051184112.html?x=0&.v=1

NXI will find a way to either repay or re-negotiate their debt..