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findit DNAG i just looked at a 6 month chart - big resistance at .010
will take lots of vol to overcome.
DNAG 1 left @ .0095 ask. nite moves to .010
DNAG jumps to .0095 heading for .010?
DNAG good vol @ hod .009
fwiw from Barchart.com (scroll down)
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FCCN - FRANCHISE CAPITAL CP (OTC)
Date Open High Low Last Change Volume % Change
12/18/06 0.0185 0.0215 0.0155 0.0190 +0.0030 17819176 +18.75%
Composite Indicator -- Signal -- -- Strength -- -- Direction --
Trend Spotter (TM) Buy Maximum Strongest
Short Term Indicators
7 Day Average Directional Indicator Buy Strong Weakening
10 - 8 Day Moving Average Hilo Channel Buy Maximum Strengthening
20 Day Moving Average vs Price Buy Maximum Strongest
20 - 50 Day MACD Oscillator Buy Average Strongest
20 Day Bollinger Bands Buy Average Strengthening
Short Term Indicators Average: 100% - Buy
Medium Term Indicators
40 Day Commodity Channel Index Buy Average Weakest
50 Day Moving Average vs Price Buy Maximum Strongest
20 - 100 Day MACD Oscillator Buy Maximum Strongest
50 Day Parabolic Time/Price Buy Maximum Strongest
Medium Term Indicators Average: 100% - Buy
Long Term Indicators
60 Day Commodity Channel Index Buy Strong Strengthening
100 Day Moving Average vs Price Buy Maximum Strongest
50 - 100 Day MACD Oscillator Buy Weak Strongest
Long Term Indicators Average: 100% - Buy
Overall Average: 100% - Buy
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hippie just read your post, hope this helps:
http://www.investopedia.com/terms/r/reversetakeover.asp
sextus i'm gun shy on any pink after recent experiences (read devastating losses after long term holding) with sljb, ipre, etc. this looks more solid than anything i've seen recently, nonetheless, i'm flipping it. in at .004, out at .02 today. got my finger on the "buy button" on monday a.m. good luck to all here.
sextus here's a pr. see quote by bryan hunsaker, ceo of aero, half way down:
Home >> Quotes & News >> News >> FCCN
QUOTE NEWS CHARTS COMPANY INFO FINANCIAL REPORTS SEC FILINGS TRADE NOW!
FCCN -- Franchise Capital Corp.
Com ($0.0001)
COMPANY NEWS AND PRESS RELEASES FROM OTHER SOURCES:
Headline Maker: Franchise Capital Corporation Announces Preliminary Agreement With Aero Exhaust
Dec 13, 2006 (M2 PRESSWIRE via COMTEX) -- Franchise Capital Corporation, (OTCPK:FCCN) a business development company, provides long-term debt and equity investment capital to support the expansion of companies in the casual, fast food restaurant industry.
Shares are up 81% with over 10 million in volume. This momentum comes as Franchise Capital Corporation announced that it has reached an agreement with Aero Exhaust, Inc., a leader in performance exhaust airflow technology, under which Franchise Capital Corporation would acquire all of Aero Exhaust's issued and outstanding shares.
Aero Exhaust mufflers are an exclusive National Association for Stock Car Auto Racing (NASCAR) Performance product and carry the prestigious NASCAR brand on product, packaging and related media. NASCAR legend Rusty Wallace is the official spokesperson for Aero Exhaust products.
Aero Exhaust is the world leader in performance exhaust airflow technology, manufacturing and distributing the most technologically advanced muffler on the market. The Aero Turbine and Turbine XL muffler lines consist of several different universal styles that fit nearly every car, truck or sports utility vehicle on the road and significantly improve fuel economy, engine horsepower and torque. A third line, called the Stealth, is an economy line of additional styles that service the everyday consumer looking for an inexpensive replacement product.
Aero Exhaust was formed in 1999 in order to develop an idea for a new type of vehicle exhaust. The company has evolved from a research and development company to a global manufacturing and distribution organization with the most technologically advanced muffler in the world today. In January 2006, Aero Exhaust entered into an exclusive agreement with NASCAR for its high performance muffler line to join the NASCAR Performance licensing program. The company was also successful in gaining the support of NASCAR legend Rusty Wallace.
"Our NASCAR and Rusty Wallace associations are an integral part of our company and will bring a tremendous value to the FCCN organization," stated Bryan Hunsaker, CEO of Aero Exhaust.
In addition to its NASCAR relationship, Aero Exhaust has been issued patents in both the United States and Australia on its innovations and product developments in the exhaust industry and has a number of patents pending.
"Aero Exhaust is exactly the type of company that Franchise Capital Corporation has targeted to acquire," stated chief executive officer Steven R. Peacock. "Not only has Aero developed technologically innovative products, superior to its competition, but there is a highly effective management team in place, its products are already available worldwide through a number of retail outlets, and the company is well-positioned for significant long-term growth."
"With access to additional resources, we believe that Aero Exhaust is the type of company that will provide a solid return on investment (ROI) for Franchise Capital's shareholders. We are pleased to have signed this letter of intent, and we expect to reach a definitive agreement in the very near future, so we can move forward with this acquisition," added Mr. Peacock.
o sign up to receive information by email directly from Franchise Capital Corporation whenever new press releases, investor newsletters, SEC filings, and other written material are issued, please visit
About Aero Exhaust:
Aero Exhaust is the world leader in performance exhaust airflow technology, manufacturing and distributing the most technologically advanced muffler on the market. Its product lines are built to the highest industry standards and offer the consumer a lifetime warranty. Aero Exhaust has been issued U.S. and Australian patents on its innovations and development in the exhaust industry, and its mufflers are available worldwide through major retailers, mass merchant centers, automotive aftermarket supply stores and wholesalers. Additional information Aero Exhaust's products, race team, and motorsports ventures can be found on its corporate web site, www.aeroexhaust.com.
i'm out for now. up 360%! scared of a sizable retrace. may get back in next wk. glta
fccn resuming moonshot trajectory. yeeehaaaaww
i'm up 265%. after sljb 80% loss, this feels mighty good.
pink looked around a bit on google results. there's a mccoy with salt lake city connections, but no firm connection with aero. i gotta get some sleep. graveyard shift slave here lol. good luck on this if you buy in. looks good. i'm not a long holder on any pink or bb stock after recent severe losses in other stocks. sljb in particular. ow
beandog link to 8k for names and positions:
http://www.pinksheets.com/quote/print_filings.jsp?url=%2Fredirect.asp%3Ffilename%3D0001262463%252D06...
(scroll down a bit)
Home >> Quotes & News >> SEC Filings >> FCCN
QUOTE NEWS CHARTS COMPANY INFO FINANCIAL REPORTS SEC FILINGS TRADE NOW!
FCCN -- Franchise Capital Corp.
Com ($0.0001)
UNITED STATES
SECURITIES AND EXCHANGE COMMISSION
Washington, D.C. 20549
FORM 8-K
CURRENT REPORT
Pursuant to Section 13 or 15(d) of the Securities Exchange Act of 1934
Date of Report (Date of earliest event reported) September 12, 2006
Commission File Number: 333-72392
FRANCHISE CAPITAL CORPORATION
(Exact name of registrant as specified in its charter)
Nevada
(State or other jurisdiction of
incorporation or organization)
98-0353403
(IRS Employer Identification No.)
43180 Business Park Drive, Suite 202
Temecula, CA 92590
(Address of principal executive offices)
(951) 587-9100
(Registrant’s telephone number)
ITEM 2.01 ACQUISITION OR DISPOSITION OF ASSETS
On September 6, 2006, the Board of Directors of Franchise Capital Corporation approved the transfer of assets through a Transfer Agreement with Roger Enfield. The Transfer Agreement was consummated on September 12, 2006. The property transferred was Franchise Capital Corporation’s 72.5% interest in Comstock Jake’s Franchise Company, LLC and 100% interest in Kirby Foo’s Franchise Company, LLC.
Pursuant to the terms of the Transfer Agreement, Robert Enfield agrees to acquire Franchise Capital Corporation’s interest and the Concepts from Franchise Capital Corporation, in exchange for the assumption of all related liabilities of the Concepts which include notes payables to Roger Enfield totaling $100,000. A copy of the Transfer Agreement is filed as Exhibit 10.1 to this report.
ITEM 5.02 DEPARTURE OF DIRECTORS OR PRINCIPAL OFFICERS; ELECTION OF DIRECTORS; APPOINTMENT OF PRINCIPAL OFFICER
On September 6, 2006, the Company accepted the resignations of Robert Madia and Donald Schwall from the Board of Directors. At this time, no one has been chosen to fill the vacancies left by the resignation of Mr. Madia and Mr. Schwall.
On September 12, 2006, the Company accepted the resignation of Edward Heisler as the Company’s Chief Executive Officer, President, Chief Compliance Officer, Chief Financial Officer and Chairman of the Board of Directors. Effective as of the same date to fill the vacancies created by the resignation of Edward Heisler, the Company’s remaining board member, Robert McCoy, appointed Steven R. Peacock as the Company’s Interim Chief Executive Officer, Interim President, Interim Chief Compliance Officer, and Interim Chief Financial Officer. Also, on this date, to fill the vacancy created by the resignation of Edward Heisler, Robert McCoy was appointed Chairman of the Board of Directors. The Board of Directors now consists of one independent director, Robert McCoy.
Biographical and Other Information Regarding Steven R. Peacock
Steven R. Peacock has over thirty years of experience in seeking out and identifying emerging growth investment opportunities, both startup companies and work out assignments and is skilled at analyzing management structure and setting up programs for raising capital. He has working knowledge of taking companies through the process of becoming publicly traded, as well as assistance with strategic planning, corporate communications including shareholder relations and internet marketing as well as an extensive background in SEC requirements and filings utilizing broad network of legal, accounting, insurance, Internet technology and public relations affiliates. In addition to his work with and in publicly traded companies, Mr. Peacock has a background in the real estate development industry and in minor league professional sports development, primarily soccer, in both American and European venues. Mr. Peacock has an extensive operating knowledge of the Business Development Company process, having operated the first BDC on the west coast from 1998 to 2000. From 2001 to 2003, Mr. Peacock acted as a consultant for Peak Solutions, a firm offering a variety of consulting, management and financing services to the small business community, both public and private. From 2004 to 2005, Mr. Peacock served as a member of the Board of Directors of BDC Capital, Inc. and as Secretary, Chief Operating Officer and a member of the Board of Directors of CLX Investment Company. Mr. Peacock also served as Chief Executive Officer and Chief Financial Officer of Entertainment Capital Corporation from 2005 to 2006. From 2004 to present, Mr. Peacock has served as managing partner of Javelin Advisory Group, Inc., a business consulting company located in Temecula, California with the core focus of assisting businesses with a number of vital services, which include bringing businesses into compliance with SEC requirements, assisting in the raising of necessary capital, evaluating potential acquisitions and providing management expertise.
Compensation agreement with Steven R. Peacock
The Company has not entered into an employment agreement with Mr. Peacock.
ITEM 9.01 FINANCIAL STATEMENTS AND EXHIBITS
Exhibit Number
Description
10.1
Transfer Agreement between Franchise Capital Corporation and Roger Enfield.
SIGNATURES
Pursuant to the requirements of the Securities and Exchange Act of 1934, the registrant has duly caused this Report to be signed on its behalf by the undersigned here unto duly authorized.
Date: September 18, 2006
Franchise Capital Corporation
By: /s/ Steven R. Peacock
Steven R. Peacock, Interim Chief Executive Officer
EXHIBIT 10.1
BETWEEN
ROGER ENFIELD
CREDITOR
AND
FRANCHISE CAPITAL CORPORATION
A NEVADA PUBLIC CORPORATION
AGREEMENT, made this 12 th day of September 2006, by and between Franchise Capital Corporation (“FCC”) and Roger Enfield (“ENFIELD”).
RECITALS
WHEREAS, FCC is the managing member and 72.5% owner in Comstock Jake’s Franchise Company, LLC, and the managing member and 100% owner of Kirby Foo’s Franchise Company, LLC which are considered portfolio companies of FCC.
WHEREAS, the Restaurants operate concepts (Concepts) Comstock Jake’s ® and Kirby Foo’s Asian Grill ® which offer to the public franchise restaurant concepts. The Concepts include, among other things: all assets, including specific trademarks or service marks, including without limitation, trademarks, logos and related commercial symbols and slogans, and recipes and related liabilities.
WHEREAS, other third parties, as individuals and entities, are owners of the remaining membership interests in the Concepts and are as listed in Exhibit B.
WHEREAS, ENFIELD agrees to acquire FCC’s interest and the Concepts from FCC, in exchange for the assumption of all related liabilities of the Concepts which include notes payables to ENFIELD totaling $100,000, as listed on Exhibit A, consistent with the following terms.
NOW, THEREFORE, in consideration of the mutual promises, covenants, and representations contained herein,
THE PARTIES HERETO AGREE AS FOLLOWS:
ARTICLE I
REPRESENTATIONS AND WARRANTIES OF FCC
FCC hereby represents and warrants to ENFIELD that:
1.1 FCC will transfer to ENFIELD its manager positions and ownership in each of the Concepts including, without limitation, all hard assets including company owned and operated stores, specific trademarks or service marks, including without limitation, trademarks, logos and related commercial symbols and slogans, and recipes in exchange for the assumption of all related liabilities which include notes payables to ENFIELD totaling $100,000 as listed on Exhibit A.
1.2 FCC Organization. FCC is a corporation duly organized, validly existing and in good standing under the laws of Nevada, has all necessary corporate powers to own its property and to carry on its business as now owned and operated by it, and is duly qualified to do business and is in good standing in each of the states where its business requires qualification.
1.3 Concepts Organization. The Concepts are LLC’s duly organized, validly existing and in good standing under the laws of Arizona, have all necessary corporate powers to own their property and to carry on their business as now owned and operated by them, and are duly qualified to do business and are in good standing in each of the states where their business requires qualification.
1.4 Capital. Management of FCC owns control of the Concepts and therefore has the right to vote for the completion of this transaction. FCC represents that there are no other issued and outstanding open subscriptions, options, rights, warrants, debentures, instruments, convertible securities, or other agreements or commitments obligating FCC in regards to the Concepts.
1.5 Financial Statements. The most recent financial statements of the Concepts are attached as Exhibit A. The financial statements have been prepared in accordance with generally accepted accounting principles and practices consistently followed by the Concepts throughout the period indicated, and fairly represent the financial position of each as of the date of the balance sheet included in the financial statements.
1.6 Investigation of Financial Condition. Without in any manner reducing or otherwise mitigating the representations contained herein, ENFIELD and/or its attorneys shall have the opportunity to meet with the accountants and attorneys to discuss the financial condition of the Concepts. FCC shall make available to ENFIELD and/or its attorney all books and records of the Concepts, once reasonable notice of such request has been given.
1.7 Authority. The Board of Directors of FCC have authorized the execution of this Agreement and the consummation of transactions contemplated herein, and FCC has full power and authority to execute, deliver, and perform this Agreement and this Agreement is a legal, valid and binding obligation of FCC, and is enforceable in accordance with its terms and conditions.
1.8 Ability to Carry Out Obligations. The execution and delivery of this Agreement by FCC of its obligations hereunder in the time and in the manner contemplated will not cause, constitute or conflict with or result in (a) any breach or violation of any of the provisions or constitute a default under any license, indenture, mortgage, charter, instrument, articles of incorporation, bylaws, or other agreement or instrument to which either is a party, or by which it may be bound, nor will any consents or authorizations of any party other than those hereto be required, (b) an event that would permit any party to any agreement or instrument to terminate it or to accelerate the maturity of any indebtedness or other obligation of FCC, or (c) any event that would result in the creation or imposition of any lien, charge, or encumbrance on any asset of FCC.
1.9 Full Disclosure. None of the representations and warranties made by FCC herein, or in any exhibit, certificate or memorandum furnished or to be furnished by either, or on their behalf, contains or will contain any untrue statement of material fact, or omit any material fact the omission of which would be misleading.
1.10 Good Title. Other than as described in Exhibit A, the Concepts have good and marketable title to all of its property free and clear of any liens, claims and encumbrances of any nature, form or description.
1.11 Indemnification. FCC and the Concepts agrees to defend and hold ENFIELD harmless against and in respect of any and all claims, demands, losses, costs, expenses, obligations, liabilities, damages, recoveries, and deficiencies, including interest, penalties, and reasonable attorney's fees, that it shall incur or suffer, which arise out of, result from or relate to any breach of, or failure by FCC to perform any of its representations, warranties, covenants and agreements in this Agreement or in any exhibit or other instrument furnished or to be furnished by FCC under this Agreement.
ARTICLE II
REPRESENTATIONS AND WARRANTIES OF ENFIELD
ENFIELD hereby represents and warrants to FCC that:
2.1 ENFIELD will acquire FCC’s position in the Concepts including, without limitation, all hard assets including company owned and operated stores, specific trademarks or service marks, including without limitation, trademarks, logos and related commercial symbols and slogans, and recipes in exchange for the assumption of all related liabilities which include notes payables totaling $100,000, as listed on Exhibit A.
2.2 Financial Ability. ENFIELD has the necessary wherewithal to complete this agreement through its legal counsel.
2.3 Authority. ENFIELD has authorized the execution of this Agreement and the consummation of transactions contemplated herein through its legal counsel. ENFIELD’s legal counsel has full power and authority to execute, deliver, and perform this Agreement and this Agreement is a legal, valid and binding obligation of ENFIELD, and is enforceable in accordance with its terms and conditions.
2.4 Ability to Carry Out Obligations. The execution and delivery of this Agreement by ENFIELD and the performance by ENFIELD of its obligations hereunder in the time and in the manner contemplated will not cause, constitute or conflict with or result in (a) any breach or violation of any of the provisions or constitute a default under any license, indenture, mortgage, charter, instrument, articles of incorporation, bylaws, or other agreement or instrument to which ENFIELD is a party, or by which it may be bound, nor will any consents or authorizations of any party other than those hereto be required except approvals required by law, if any, (b) an event that would permit any party to any agreement or instrument to terminate it or to accelerate the maturity of any indebtedness or other obligation of ENFIELD, or (c) any event that would result in the creation or imposition of any lien, charge, or encumbrance on any asset of ENFIELD.
2.5 Full Disclosure. None of the representations and warranties made by ENFIELD herein, or in any exhibit, certificate or memorandum furnished or to be furnished by ENFIELD, or on its behalf, contains or will contain any untrue statement of material fact, or omit any material fact the omission of which would be misleading.
2.6 Indemnification. ENFIELD agrees to defend and hold FCC and the Concepts harmless against and in respect to any and all claims, demands, losses, costs, expenses, obligations, liabilities, damages, recoveries, and deficiencies, including interest, penalties, and reasonable attorney's fees, that it shall incur or suffer, which arise out of, result from or relate to any breach of, or failure by ENFIELD to perform any of its respective representations, warranties, covenants and agreements in this Agreement or in any exhibit or other instrument furnished or to be furnished by ENFIELD under this Agreement.
ARTICLE III
COVENANTS
3.1 Investigative Rights. From the date of this Agreement until the Closing date, FCC shall provide the other full access during normal business hours to all properties, books, contracts, commitments, and records of the Concepts for the purpose of examining same.
3.2 Conduct of Business. Prior to the Closing, the Concepts shall conduct their business in the normal course and FCC, and the Restaurants, shall not sell, pledge or assign any assets without the prior written consent of ENFIELD. Neither ENFIELD nor the Concepts shall amend their articles of incorporation or Bylaws, declare dividends, redeem or sell stock or other securities, incur additional or newly-funded liabilities, acquire or dispose of fixed assets or settle or discharge any balance sheet receivable other than in the normal course of business.
3.3 Required Corporate Action by ENFIELD. ENFIELD and its officers and directors shall cause a meeting to be held as soon as practicable for the purpose of voting on the approval of this Agreement.
ARTICLE IV
CONDITIONS PRECEDENT TO ENFIELD'S PERFORMANCE
4.1 Conditions. ENFIELD's obligations hereunder shall be subject to the satisfaction, at or before the Closing, of all the conditions set forth in this Article IV. ENFIELD may waive any of these conditions in whole or in part without prior notice; provided however, that no such waiver of a condition shall constitute a waiver by ENFIELD of any other condition of or any of ENFIELD's other rights or remedies, at law or in equity, if FCC shall be in default of any of their representations, warranties, or covenants under this Agreement.
4.2 FCC Performance. FCC shall have performed, satisfied and complied with all covenants, agreements, and conditions required by this Agreement to be performed or complied with by it, on or before the Closing Date.
4.3 Accuracy of Representations. Except as otherwise permitted by this Agreement, all representations and warranties by FCC in this Agreement or in any written statement that shall be delivered to ENFIELD by FCC under this Agreement shall be true and accurate on and as of the Closing Date as though made at that time.
ARTICLE V
CONDITIONS PRECEDENT TO FCC PERFORMANCE
5.1 Conditions. FCC obligations hereunder shall be subject to the satisfaction, at or before the Closing, of all the conditions set forth in this Article V. FCC may waive any of these conditions in whole or in part without prior notice; provided however, that no such waiver of a condition shall constitute a waiver by FCC of any other condition of or any of FCC other rights or remedies, at law or in equity, if ENFIELD shall be in default of any of their representations, warranties, or covenants under this Agreement.
5.2 ENFIELD Performance. ENFIELD shall have performed, satisfied and complied with all covenants, agreements, and conditions required by this Agreement to be performed or complied with by it, on or before the Closing Date.
5.3 Accuracy of Representations. Except as otherwise permitted by this Agreement, all representations and warranties by ENFIELD in this Agreement or in any written statement that shall be delivered to FCC by ENFIELD under this Agreement shall be true and accurate on and as of the Closing Date as though made at that time.
ARTICLE VI
CLOSING
6.1 Closing. The Closing of this transaction shall be held at a place and on a date mutually acceptable to the parties.
At the Closing the parties shall deliver the following in form acceptable to counsel to the parties or as set forth herein:
By ENFIELD:
ENFIELD will acquire FCC’s position in the Concepts including, without limitation, all hard assets including company owned and operated stores, specific trademarks or service marks, including without limitation, trademarks, logos and related commercial symbols and slogans, and recipes in exchange for the assumption of all related liabilities which include notes payables to ENFIELD totaling $100,000, as listed on Exhibit A.
By FCC:
FCC will transfer to ENFIELD its manager positions and ownership in each of the Concepts including, without limitation, all hard assets including company owned and operated stores, specific trademarks or service marks, including without limitation, trademarks, logos and related commercial symbols and slogans, and recipes in exchange for the assumption of all related liabilities which include notes payables to ENFIELD totaling $100,000 as listed on Exhibit A.
ARTICLE VII
REMEDIES
7.1 Legal Action and Costs. If any legal action or any arbitration or other proceeding is brought for the enforcement of this Agreement, or because of an alleged dispute, breach, default, or misrepresentation in connection with any of the provisions of this agreement, the successful or prevailing party or parties shall be entitled to recover reasonable attorney's fees and other costs incurred in that action or proceeding, in addition to any other relief to which it or they may be entitled.
7.2 Termination. In addition to the other remedies, any of the parties hereto may terminate this Agreement, without liability:
(i) upon the failure of any condition not otherwise waived by the parties; or
(ii) upon mutual consent of the respective boards of directors of ENFIELD and FCC.
ARTICLE VIII
MISCELLANEOUS
8.1 Captions and Headings. The Article and paragraph headings throughout this Agreement are for convenience and reference only, and shall in no way be deemed to define, limit, or add to the meaning of any provision of this Agreement.
8.2 No Oral Change. This Agreement and any provisions hereof, may not be waived, changed, modified or discharged orally, but it can be changed by an agreement in writing signed by the party against whom enforcement of any waiver, change, modification or, discharge is sought.
8.3 Non-Waiver. Except as other wise expressly provided herein, no waiver of any covenant, condition, or provision of this Agreement shall be deemed to have been made unless expressly in writing and signed by the party against whom such waiver is charged.
8.4 Time of Essence. Time is of the essence of this Agreement and each and every part hereof.
8.5 Entire Agreement. This Agreement contains the entire agreement and understanding between the parties hereto and supersedes all prior agreements and understandings and merges any all such prior discussions and/or agreements herein.
8.6 Choice of Law. This Agreement and its application shall be governed by the laws of the State of Arizona.
8.7 Counterparts. This Agreement may be executed simultaneously in one or more counterparts, each of which shall be deemed an original but all of which shall constitute one and the same instrument.
8.8 Notices. All notices, requests, demands, and other communications under this Agreement shall be in writing and shall be deemed to have been duly given on the date of service if served personally on the party to whom notice is to be given, by first class mail, registered or certified, postage prepaid, and properly addressed as follows:
ENFIELD Representative:
Roger Enfield
25435 Spring Creek
Sun Lakes, AZ 85248
FCC Representative:
Edward C. Heisler
Franchise Capital Corporation
43180 Business Park Drive Suite 202
Temecula, CA 92590
8.9 Binding Effect. This Agreement shall inure to and be binding upon the heirs, executors, personal representatives successors and assigns of each of the parties to this Agreement.
8.10 Effect of Closing. All representations, warranties, covenants, and agreements of the parties contained in this Agreement, or in any instrument, certificate, opinion, or other writing provided for in it, shall survive the Closing of this Agreement.
8.11 Brokers. The parties hereto represent that no finder's fee has been paid or is payable by any party.
8.12 Expenses. Each party will pay its own legal, accounting and any other out-of-pocket expenses reasonably incurred in connection with this transaction, whether or not the transaction contemplated hereby is consummated.
8.13 Facsimile Signatures as Originals. Original signatures transmitted by facsimile communication shall constitute originals for the purpose of validly executing this Agreement.
AGREED TO AND ACCEPTED as of the date first above written.
Roger Enfield:
By: /s/ Roger Enfield
Roger Enfield
Franchise Capital Corporation:
By: /s/ Edward C. Heisler
Edward C. Heisler, President & C.E.O.
Exhibit A
Financial Statements of the Restaurants
Comstock Jakes Franchise Company, LLC Financial Statements
Kirby Foo’s Franchise Company, LLC Financial Statements
Exhibit B
Third Party Members to the Restaurants
Comstock Jake’s Franchise Company, LLC –
Alexis Group, LLC – 25% Owner
Roger Enfield – 2.5% Owner
Kirby Foo’s Franchise Company, LLC –
No third party owners
All information contained herein is provided "as is." Pink Sheets LLC makes no representation or warranty, expressed or implied, as to the accuracy, timeliness, or completeness of the information provided herein. Neither Pink Sheets LLC, nor its directors, officers, employees, or third party data suppliers, shall bear any responsibility or liability to verify the information and/or its source or for the use, misuse, or inability to use the information provided. None of the foregoing parties shall be liable to any third-party claims or losses of any nature. Accordingly, investors should not use this information as the basis for making an investment decision. Please see Risk Warning and Terms of Service for more information.
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Comments or Suggestions?
fccn close .006 up 66.67% with a paint job. could be a 3 day run, methinks.
derekz lots of resistance points from .005 (200 sma) on up. be nice if it hit .007 today.
fccn somebody's chasing it now. serious run up.
fccn running. vol surge. .0055 x .0060!!!!!!!
fccn @ .0050 hod up 39% i feel green all over.
fccn .0048 x .0049 5000 x 5000 smells serious folks. could have an eod run, if you can call this kind of vol runny.
fccn hits .0049 up 36%. doesn't anyone care?r/m rumor on fccn board fwiw
lifegear there's some talk about that here:
http://www.investorshub.com/boards/read_msg.asp?message_id=15524285
fccn .0045 x .0049 5000 x 5000. starting to move in earnest. why erny ate it i dunno....
fccn @ hod, getting some (yawn) vol. buy now, be happy. please.
fccn ask uptick. somebody buy it fer krissake...
in fccn. filled in 5 sec @ ask by a'trade. hmmmm
woof
texas checking it out. thanks for the heads up.
test HELLOhellohello nobody here but me?
con your observation puts you in good company. see link:
http://www.investorshub.com/boards/read_msg.asp?message_id=15396330
o.t. fringe: one to run from:
http://www.investorshub.com/boards/read_msg.asp?message_id=15400592
MR judging by the vol surge since the 20th i'd say you're right. i read the franchise info for chiro usa. seems solid, unlike unverifiable contract claims that i'm used to seeing...
MR i'm in from last fri. good looking board. been a ghost here, mostly. licking my sljb wounds...
bb your bany chart post seems to have had some influence. thanks.
texas get sljb out of your mind (sic)
i like bb stock seems to have influenced buyers:
http://www.investorshub.com/boards/read_msg.asp?message_id=15396330
bany starting to run eod after 25 mil sell in one minute!! weird. quick response to s8 sell?
bobyoyo from pinksheets:
COMPANY NEWS AND PRESS RELEASES FROM OTHER SOURCES:
BANYAN CORP files Form S-8, Registration Statement of Securities to be Offered to Employees Pursuant to Employee Benefit Plans
Dec 4 2006 5:11PM ET
BANYAN CORP files Form 8-K/A, Amendment to Current Report
Dec 4 2006 4:26PM ET
BUYINS.NET: AER, SPR, APLS, AVGO, BANY, DYTB Have Been Added To Naked Short List Today
Dec 4 2006 9:49AM ET
Stockwire.com: Speak with other shareholders about: (OTCBB: FRPT), (OTCBB: BANY), (OTCBB: UPDA), (OTCBB: EGIL)
Dec 1 2006 11:29AM ET
redhotpennystock.com: Bull in Advantage, LLC names AXTG, IBCX, BANY, VSUS "Red Hot Penny Stock"
Dec 1 2006 11:12AM ET
Traders Nation: Is There "Safety" in Gold? - Senior Analyst, Greg McCoach Talks with Traders Nation
Dec 1 2006 10:20AM ET
otcstockexchange.com: GBRC, BANY, UPDA, EGIL - OTCStockExchange.com Stock Alert
Dec 1 2006 9:42AM ET
OTCPicks.com: OTCPicks.com Daily Market Movers Digest Midday Report for Thursday, November 30th, HWYI, CYPE, GBVS, BANY, OTCI, MGEN
Nov 30 2006 2:46PM ET
TraderGains: News & market movers alert: PHEI, APPI, IPKL, GRMU, BANY November 30, 2006
Nov 30 2006 12:57PM ET
PQL Research: PQL Research Begins Full Coverage of Perihelion Global (PHGI, BANY)
Nov 29 2006 4:22AM ET
s8 after hrs.
i got in fri. this still feels pretty good. i've seen this chart formation on other stocks. it's got room to run far with the right news. glta
HOG i hereby dub thee Prime Minister of Pestering. dd on buddy.
.022 x .024 100 x 100 hasn't changed for a while.
Michael you're in at .115 too huh? ow