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today is not over yet!(EOM)
I just wanna see a TELMEX announcement, plus maybe a contract
for the MIDs.
MTNL will follow along at some point.
GLTA.
Isn't that just about the end of the known list of
items to be resolved so ENHD shares can be released for free trading?
Sure would be nice to have that happen over the next few days, along with SIVC filings and/or the "around September" closing.
GLTA.
ENJHD nanes CFO.....................
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SECURITIES AND EXCHANGE COMMISSION
WASHINGTON, D.C. 20549
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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 18, 2008
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ENERGROUP HOLDINGS CORPORATION
(Exact name of registrant as specified in Charter)
Nevada 0-32873 87-0420774
(State or other jurisdiction of
incorporation or organization) (Commission File No.) (IRS Employee Identification No.)
No. 9, Xin Yi Street, Ganjingzi District
Dalian City, Liaoning Province, PRC 116039
(Address of Principal Executive Offices)
+86 411 867 166 96
(Issuer Telephone number)
Check the appropriate box below if the Form 8-K filing is intended to simultaneously satisfy the filing obligation of the registrant under any of the following provisions (see General Instruction A.2. below):
¨ Written communications pursuant to Rule 425 under the Securities Act (17 CFR 230.425)
¨ Soliciting material pursuant to Rule 14a-12 under the Exchange Act (17 CFR 240.14a-12)
¨ Pre-commencement communications pursuant to Rule 14d-2(b) under the Exchange Act (17 CFR 240.14d-2(b))
¨ Pre-commencement communications pursuant to Rule 13e-4(c) under the Exchange Act (17 CFR 240.13e-4(c))
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Item 1.01. Entry into a Material Definitive Agreement.
Effective September 18, 2008, in connection with his appointment as Chief Financial Officer, Energroup Holdings Corporation (the “Company”) entered into a three-year employment agreement with Mr. Yizhao Zhang. Mr. Zhang’s compensation as Chief Financial Officer of the Company is set forth in an employment agreement with the Company dated September 18, 2008. Under that agreement, Mr. Zhang is to be paid an annual salary of $180,000, and will be eligible to participate equity or non-equity bonus programs to be determined by the Board. The foregoing description is qualified in its entirety by reference to the employment agreement, a copy of which is attached as Exhibit 99.1 to this current report on Form 8-K.
Item 5.02 Departure and Appointment of Chief Financial Officer
Effective September 18, 2008, Mr. Yizhao Zhang was appointed as the Chief Financial Officer of the Energroup Holdings Corporation (the “Company”), to serve until April 30, 2011, unless and until earlier terminated, or he resigns and when his successor is duly appointed and qualified. Mr. Zhang’s appointment as Chief Financial Officer has been approved by the Board of Directors of the Company.
Mr. Zhang replaces Wang Shu, who tendered her resignation as Chief Financial Officer of the Company effective on the same date as Mr. Zhang’s appointment. Ms. Wang shall continue to be employed by the Company in a management capacity.
Mr. Zhang graduated with a Bachelor of Economic Science from Fudan University in 1992. In 2003, he graduated with a Master of Business Administration from the State University of New York, University at Buffalo.
Mr. Zhang has over 13 years of experience in corporate finance, accounting, financial advisory and portfolio investment. From May 2007 through May 2008, he was Chief Financial Officer of Shengtai Pharmaceutical Inc., an OTCBB company. From April 2006 through December 2006, Mr. Zhang acted as the Deputy Chief Financial Officer of China Natural Resources, Inc., a NASDAQ-listed company. From April 2005 through April 2006, he was the vice president and senior manager of Chinawe Asset Management Consultancy Limited, a US public company which mainly manages non-performing loan assets in China. Previously, Mr. Zhang worked as a portfolio manager and foreign exchange and common stock trader with the South Financial Service Corporation from 1993-1999.
Mr. Zhang is a Certified Public Accountant certified by the Delaware State Board of Accountancy. He is also a member of the American Institute of Certified Public Accountant (AICPA).
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Item 9.01 Financial Statements and Exhibits
Exhibit No. Description
99.1 Employment Agreement
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SIGNATURES
Pursuant to the requirements of the Securities Exchange Act of 1934, as amended, the Registrant has duly caused this report to be signed on its behalf by the undersigned hereunto duly authorized.
ENERGROUP HOLDINGS CORPORATION
By: /s/ Shi Huashan
Shi Huashan
Chief Executive Officer
Dated: September 23, 2008
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EMPLOYMENT AGREEMENT
THIS EMPLOYMENT AGREEMENT (the “ Agreement ”), dated as of September 18, 2008 is entered into by and between Energroup Holdings Corporation, a company organized and existing under the laws of the State of Nevada, with a principal executive office at No.9 Xin Yi Street, Ganjingzi District, Dalian City, Liaoning Province, PRC 116023 (“ Company ”), and Zhang Yizhao (aka Philips Zhang) (“ Employee ”) (collectively, the “ Parties ”), and shall become effective as of the date hereof (the “ Effective Date ”)
WITNESSETH:
WHEREAS, the Company is engaged in the business of producing, pack, selling, marketing and distributing fresh and processed meat products to customers in the People’s Republic of China (the “ Business ”);
WHEREAS, Employee has represented to Company that he has the experience, background and expertise necessary to enable him to be the Chief Financial Officer of the Company;
WHEREAS, based on Employee’s representation and the Company’s reasonable due diligence, the Company wishes to employ Employee as its Chief Financial Officer, and Employee wishes to enter into such employment with the Company and to enter into this Agreement; and
NOW, THEREFORE, in consideration of the premises and the mutual covenants herein, and for other good and valuable consideration, the Parties hereby agree as follows:
1. DEFINITIONS . As used herein, the following terms shall have the following meanings:
1.1 “ Affiliate ” of a Person (the “ Subject Person ”) means any other Person directly or indirectly controlling, controlled by or under common control with the Subject Person, where “ control ” means the possession, directly or indirectly, of the power to direct or cause the direction of the management and policies of a person, whether through the ownership of voting securities, by contract or otherwise, and includes (a) ownership directly or indirectly of 50% or more of the shares in issue or other equity interests of such Person; (b) possession directly or indirectly of 50% or more of the voting power of such Person or (c) the power directly or indirectly to appoint a majority of the member of the board of directors or similar governing body of such Person, and the terms “ controlling ” and “ controlled ” have meaning correlative to the foregoing.
1.2 “ Board ” means the Board of Directors of the Company.
1.3 “ Cause ” shall have the meaning provided in Section 5.1.
1.4 “ Confidential Information ” shall have the meaning provided in Section 7.1.
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1.5 “ Date of Termination ” shall have the meaning provided in Section 5.4
1.6 “ Disability ” shall have the meaning provided in Section 5.2
1.7 “ Early Termination ” shall have the meaning provided in Section 5.3.
1.8 “ Losses ” shall have the meaning provided in Section 8.1.
1.9 “ Notice of Termination ” shall have the meaning provided in Section 5.4.
1.10 “ Person ”, for the purpose of this Agreement, means an individual, corporation, joint venture, enterprise, partnership, trust, unincorporated association, Limited Liability Company, government or any department or agency hereof, or any other entity.
1.11 “ Prospective Customer ” means any Person whom has either (a) entered into a nondisclosure agreement with the Company or its subsidiary or Affiliate; or (b) has received a reasonably detailed written proposal from the Company or its subsidiary or Affiliate, and such Person has not yet rejected such proposal.
1.12 “ Salary ” shall have the meaning provided in Section 4.1.
1.13 “ Term ” shall have the meaning provided in Section 3.
2. EMPLOYMENT .
2.1 Agreement to Employ . As of the Effective Date, the Company hereby agrees to employ Employee, and Employee hereby accepts such employment, subject to the provisions of this Agreement, as an officer and employee of the Company.
2.2 Duties and Schedule . Employee shall serve as the Chief Financial Officer of the Company. In such position, Employee shall have such responsibilities as designated by the Company’s Chief Executive Officer and/or the Board that are not inconsistent with applicable laws, regulations and rules. Employee shall report directly to the Company’s Chief Executive Officer and/or the Board.
2.3 Specific Powers . In addition to the responsibilities described above in Section 2.2, the Employee, so long as the Employee shall act in the capacity as Chief Financial Officer of the Company, shall have the following specific powers:
2.3.1 The Chief Financial Officer shall oversee and have direct responsibility over any Company employee or external consultant who is involved with the Company’s financial affairs; and
2.3.2 The Chief Financial Officer shall:
Employment Agreement
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2.3.2.1 have the authority to approve any single payment, or notified of any acceptance of a liability, by the Company in excess of RMB 450,000; and
2.3.2.2 have the authority to approve cumulative payments, or be notified of any acceptance of liabilities, by the Company (or any subsidiary or affiliate) in excess of RMB 450,000 in any given month.
3. TERM OF EMPLOYMENT . Subject to the provisions of Section 5 of this Agreement, this Agreement shall be effective for a period commencing on the Effective Date and ending on the day immediately preceding the Third (3 rd ) anniversary of the Effective Date (the “ Term ”).
4. COMPENSATION .
4.1 Salary . During the Term, the Company shall pay Employee a salary at the annual rate of One Hundred Eighty Thousand U.S. Dollars ($180,000) (the “ Salary ”), payable in monthly installments of Fifteen Thousand Dollars ($15,000); provided however, the Employees Salary shall be paid in RMB at the applicable inter-bank exchange rate at the time of each monthly installment. The Board may from time to time review and increase (but not decrease) the Employee’s Salary in its sole discretion. A discretionary bonus, if any, may be paid each year at the sole discretion of the Board or compensation committee thereof (if applicable).
4.2 Vacation . Employee shall be entitled to fifteen (15) days annual paid vacation in accordance with the vacation accrual policy of the Company, in additional to the official regulatory holidays.
4.3 Business Expenses . During the Term, the Company in accordance with Company policies shall reimburse all business expenses incurred by Employee in the performance of his duties hereunder.
5. TERMINATION . Notwithstanding any other provision of this Agreement:
5.1 For Cause by the Company . The Company hereunder, may terminate the Term, and the Employee’s employment at any time for “Cause” (as defined below) upon delivery of a “Notice of Termination” (as defined in Section 5.4) by the Company to Employee, in which the cause or reason of such termination is stated. For purposes of this Agreement, “ Cause ” means, in each case, as reasonably determined by the Board: (i) conviction of, or entry of a pleading of guilty or no contest by, Employee with respect to a felony or any lesser crime of which fraud or dishonesty is a material element; (ii) Employee's willful dishonesty towards the Company; (iii) Employee's willful and continued failure to perform substantially all of his duties with the Company, or a failure to follow the lawful direction of the Board after the Board delivers a written demand for substantial performance and Employee neglects to cure such a failure to the reasonable satisfaction of the Board within fifteen (15) days following receipt of such written demand; (iv) Employee's material, knowing and intentional failure to comply with applicable laws with respect to the execution of the Company's business operations or his material breach of this Agreement; (v) Employee's theft, fraud, embezzlement, dishonesty or similar conduct which has resulted or is likely to result in material damage to the Company or any subsidiaries and Affiliate; or (vi) Employee's habitual intoxication or continued abuse of illegal drugs which materially interferes with Employee's ability to perform his assigned duties and responsibilities.
Employment Agreement
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If Employee is terminated for Cause pursuant to this Section 5.1, he shall be entitled to receive only his Salary and authorized benefits through the date of termination and he shall have no further rights to any compensation (including any Salary or discretionary bonus) or any other benefits under this Agreement. All other benefits, if any, due to Employee following Employee’s termination of employment for Cause pursuant to this Section 5.1 shall be determined in accordance with the plans, policies and practices of the Company; provided, however, that Employee shall not participate in any severance plan, policy or program of the Company.
5.2 Disability or Death . The Term and Employee’s employment hereunder, shall terminate immediately upon his death or following delivery of a Notice of Termination by the Company to Employee if Employee becomes physically or mentally incapacitated and is therefore unable for a period of ninety (90) consecutive days (such incapacity is hereinafter referred to as “ Disability ”). Upon termination of Executive’s employment hereunder for either Disability or death, Employee or Employee’s estate (as the case may be) shall be entitled to receive his Salary through the date of termination, any earned but unpaid vacation, and all other compensation and benefits that were vested through the date of Disability or death. All other benefits, if any, due Employee following the Employee’s termination for Disability or death shall be deterred in accordance with the plans, policies and practices of the Company, provided, however, that Employee (or his estate, as the case may be) shall not participate in any severance plan, policy or program of the Company.
5.3 Early Termination . Both the Company and the Employee may terminate the employment hereunder by delivery of written notice to the other party at least thirty (30) days prior to termination date (“ Early Termination ”). Upon the effective date of the Early Termination, Employee shall be entitled to (a) accrued and unpaid vacation through such Early Termination date; and (b) all other compensation and benefits that were vested through such Early Termination date.
5.4 Notice of Termination . The “ Date of Termination ” shall mean the applicable date on which the Employee’s employment is terminated under this Agreement. Any purported termination of employment by the Company or Employee (other than on account of the death of Employee) shall be communicated by a written Notice of Termination to Employee or the Company, respectively, delivered in accordance with Section 8.4 hereof. For purposes of this Agreement, a " Notice of Termination " shall mean a notice which shall indicate the specific termination provision in this Agreement relied upon, the date of termination, and shall set forth in reasonable detail the facts and circumstances claimed to provide a basis for termination of employment under the provision so indicated. The date of termination of Employee's employment shall be the date so stated in the Notice of Termination and shall be no less than thirty (30) days following the delivery of a Notice of Termination; except that in the case of a termination by the Company for Cause in accordance with the terms of Section 5.1 hereof, in which case the date of termination of Employee’s employment may be, at the sole discretion of the Company, be the same date as the delivery of the Notice of Termination.
Employment Agreement
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5.5 Payment . The Employee shall not be entitled to severance payments upon any termination provided in Section 5 herein. Except as otherwise provided in this Agreement, any payments to which the Employee shall be entitled under this Section 5, including, without limitation, any economic equivalent of any benefit, shall be made as promptly as possible following the Date of Termination, but in no event more than thirty (30) days after the Date of Termination. If the amount of any payment due to the Employee cannot be determined within thirty (30) days after the Date of Termination, such amount shall be reasonably estimated on a good faith basis by the Company, and such estimated amount shall be paid no later than thirty (30) days after such Date of Termination. As soon as practicable thereafter, the final determination of the amount due shall be made and any adjustment requiring a payment to the Employee shall be made as promptly as practicable. The payment of any amount under this Section 5 shall not affect Employee’s rights to receive any workers’ compensation benefits.
6. EMPLOYEE’S REPRESENTATION . The Employee represents and warrants to the Company that: (a) he is not subject to any contractual, fiduciary or other obligation which may affect the performance of his duties under this Agreement; (b) he has terminated any and all contractual obligation which may affect his performance under this Agreement; and (c) his employment with the Company shall not require him to use or disclose proprietary or confidential information of any other person or entity.
7. NON-COMPETITION: NON-DISCLOSURE; INVENTIONS .
7.1 Confidential Information . Employee acknowledges that his employment position with the Company is one of trust and confidence. Employee further understands and acknowledges that, during the course of Employee's employment with the Company, Employee will be entrusted with access to certain confidential information, specialized knowledge and trade secrets which belong to the Company, its subsidiaries or Affiliate, including, but not limited to, their methods of operation and developing customer base, its manner of cultivating customer relations, its practices and preferences, current and future market strategies, formulas, patterns, patents, devices, secret inventions, processes, compilations of information, records, and customer lists, all of which are regularly used in the operation of their business and which Employee acknowledges have been acquired, learned and developed by them only through the expenditure of substantial sums of money, time and effort, which are not readily ascertainable, and which are discoverable only with substantial effort, and which thus are the confidential and the exclusive property of the Company and its subsidiaries (“ Confidential Information ”). Employee covenants and agrees to use his best efforts and utmost diligence to protect those Confidential Information from disclosure to third parties. Employee further acknowledges that, absent the protections afforded the Company and its subsidiaries in Section 7, Employee would not be entrusted with any of such Confidential Information. Accordingly, Employee agrees and covenants as follows:
Employment Agreement
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7.1.1 Employee agrees (whether during or after Employee’s employment with the Company) not to issue, circulate, publish or utter any false or disparaging statements, remarks or rumors about the Company, or its officers, directors, managers or shareholders of the Company or its subsidiaries and Affiliates unless giving truthful testimony under subpoena;
7.1.2 During the period of Employee's employment with the Company and for five (5) years immediately following the termination of such employment, Employee shall not disclose or reveal to any person, firm or corporation other than in connection with the business of the Company and its subsidiaries or as may be required by law, any Confidential Information used or useable by the Company or any of its subsidiaries, divisions or Affiliates (collectively the “ Companies ”) in connection with their respective businesses, known to Employee as a result of his employment by the Company, or other relationship with the Companies, and which is not otherwise publicly available. Employee further agrees that during the Term and for five (5) years thereafter, he shall keep confidential and not disclose or reveal to any person, firm or corporation other than in connection with the business of the Companies or as may be required by applicable law, any information received by him during the course of his employment with regard to the financial, business, or other affairs of the Companies, their respective officers, directors, customers or suppliers which is not publicly available;
7.1.3 Upon the termination of Employee's employment with the Company, Employee shall return to the Company all documents, customer lists, customer information, product samples, presentation materials, drawing specifications, equipment and other materials relating to the business of the Companies, which Employee hereby acknowledges are the sole and exclusive property of the Companies. Nothing in this Agreement shall prohibit Employee from retaining any of his personal belongings and documents;
7.1.4 During the term of the Agreement and for a period of six (6) months immediately following the termination of the Employee's employment with the Company, Employee shall not compete, or participate as a shareholder, director, officer, partner (limited or general), trustee, holder of a beneficial interest, employee, agent of or representative in any business competing directly with the Companies without the prior written consent of the Company, which may be withheld in the Company’s sole discretion; provided, however, that nothing contained herein shall be construed to limit or prevent the purchase or beneficial ownership by Employee of less than five percent (5%) of any security registered under Section 12 or 15 of the Securities Exchange Act of 1934;
7.1.5 During the term of the Agreement and for a period of eighteen (18) months immediately following the termination of the Employee's employment with the Company, Employee shall not:
Employment Agreement
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7.1.5.1 solicit or accept competing business from any customer of the Companies, or any person or entity known by Employee to be or have been, during the preceding eighteen (18) months, a customer or Prospective Customer of the Companies without the prior written consent of the Company;
7.1.5.2 encourage, request or advise any such customer or Prospective Customer of the Companies to withdraw or cancel any of their business from or with the Companies; or
7.1.5.3 conspire with any person employed by any of the Companies with respect to any of the matters covered by this Section 7;
7.1.5.4 encourage, induce or solicit any person employed by any of the Companies to facilitate Employee's violation of the covenants contained in this Section 7;
7.1.5.5 assist any entity to solicit the employment of any employee of any of the Companies; or
7.1.5.6 employ or hire any employee any of the Companies, or solicit or induce any such person to join the Employee as a partner, investor, coventurer, or otherwise encourage or induce them to terminate their employment with any of the Companies.
7.2 Employee expressly acknowledges that all of the provisions of this Section 7 of this Agreement have been bargained for and Employee's agreement hereto is an integral part of the consideration to be rendered by the Employee which justifies the rate and extent of the compensation provided for hereunder.
7.3 Employee acknowledges and agrees that a violation of any one of the covenants contained in this Section 7 shall cause irreparable injury to the Company, that the remedy at law for such a violation would be inadequate and that the Company shall thus be entitled to temporary injunctive relief to enforce that covenant until such time that a court of competent jurisdiction either (a) grants or denies permanent injunctive relief or (b) awards other equitable remedy as it sees fit.
7.4 Successors .
7.4.1 Employee . This Agreement is personal to Employee and without the prior express written consent of the Company, shall not be assignable by Employee, except the Employee’s rights to receive any compensation or benefits under this Agreement may be transferred or disposed of pursuant to testamentary disposition, intestate succession or a qualified domestic relations order or in connection with a Disability. This Agreement shall inure to the benefit of and be enforceable by Employee’s estate, heirs, beneficiaries, and/or legal representatives.
Employment Agreement
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7.4.2 The Company . This Agreement shall inure to the benefit of and be binding upon the Company and its successors and assigns.
8. MISCELLANEOUS.
8.1 Indemnification . The Company and each of its subsidiaries shall, to the maximum extent provided under applicable law, indemnify and hold Employee harmless from and against any expenses, including reasonable attorney’s fees, judgments, fines, settlements and other legally permissible amounts (“ Losses ”), incurred in connection with any proceeding arising out of, or related to, Employee’s employment by the Company, other than any such Losses incurred as a result of Employee’s negligence or willful misconduct. The Company shall, or shall cause a subsidiary thereof to, advance to Employee any expenses, including attorney’s fees and costs of settlement, incurred in defending any such proceeding to the maximum extent permitted by applicable law. Such costs and expenses incurred by Employee in defense of any such proceeding shall be paid by the Company or applicable subsidiary in advance of the final disposition of such proceeding promptly upon receipt by the Company of (a) written request for payment; (b) appropriate documentation evidencing the incurrence, amount and nature of the costs and expenses for which payment is being sought; and (c) an undertaking adequate under applicable law made by or on behalf of Employee to repay the amounts so advanced if it shall ultimately be determined pursuant to any non-appealable judgment or settlement that Employee is not entitled to be indemnified by the Company or any subsidiary thereof. The Company shall provide Employee with coverage under all director’s and officer’s liability insurance policies which shall be in effect during the Term, with no deductible payable by Employee.
8.2 Applicable Law . Except as may be otherwise provided herein, this Agreement shall be governed by and construed in accordance with the laws of the State of Nevada, applied without reference to principles of conflict of laws.
8.3 Amendments . This Agreement may not be amended or modified otherwise than by a written agreement executed by the parties hereto or their respective successors or legal representatives.
8.4 Notice . For the purpose of this Agreement, notices and all other communications provided for in this Agreement shall be in writing and shall be deemed to have been duly given if delivered personally, if delivered by overnight courier service , if sent by facsimile transmission or if mailed by registered mail, return receipt requested, postage prepaid, addressed to the respective addresses or sent via facsimile to the respective facsimile numbers, as the case may be, as set forth below, or to such other address as either party may have furnished to the other in writing in accordance herewith, except that notice of change of address shall be effective only upon receipt; provided, however, that (i) notices sent by personal delivery or overnight courier shall be deemed given when delivered; (ii) notices sent by facsimile transmission shall be deemed given upon the sender's receipt of confirmation of complete transmission, and (iii) notices sent by United States registered mail shall be deemed given seven (7) days after the date of deposit in the United States mail .
Employment Agreement
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If to the Employee :
Zhang Yizhao
Room 1-2, Unit B, Building #11,
Fuali Estate, Chunde Street,
Dalian, Liaoning Province, China 116001
If to the Company :
No.9 Xin Yi Street, Ganjingzi District, Dalian City, Liaoning province,
PRC 116023
Tel: 86 411 8671 6696
Attn: Mr. Shi Huashan
With a copy to (which shall not constitute notice) :
Edgar Park, Esq.
Richardson & Patel LLP
10900 Wilshire Blvd., 5 th Floor
Los Angeles, CA 90024
8.5 Withholding Taxes . The Company may withhold from any amounts payable under this Agreement, such national, provincial, local and foreign taxes as may be required to be withheld pursuant to any applicable law or regulation.
8.6 Severability . In the event that any one or more of the provisions of this Agreement shall be or become invalid, illegal or unenforceable in any respect, each such provision shall be processed with whatever deletion or modification is necessary so that the provision is otherwise legal, valid and enforceable and gives effect to the commercial intention of the parties. To the extent it is not possible to delete or modify the provision, in whole or in part, then such provision or part of it shall, to the extent that it is illegal, invalid or unenforceable, be deemed not to form part of this Agreement and the validity, legality and enforceability of the remaining provisions of this Agreement shall, subject to any deletion or modification made hereunder, not be affected.
8.7 Entire Agreement . This Agreement contains the entire agreement among the Parties concerning the subject matter hereof and supersedes all prior agreements, understandings, discussions, negotiations and undertakings, whether written or oral, between the Parties with respect thereto.
8.8 Survivorship . The respective rights and obligations of the Parties hereunder shall survive any termination of this Agreement or the Employee’s employment hereunder to the extent necessary to the intended preservation of such rights and obligations.
Employment Agreement
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8.9 Waiver . Either Party's failure to enforce any provision or provisions of this Agreement shall not in any way be construed as a waiver of any such provision or provisions, or prevent that party thereafter from enforcing each and every other provision of this Agreement.
8.10 Joint Efforts/Counterparts . Preparation of this Agreement shall be deemed to be the joint effort of the Parties hereto and shall not be construed more severely against any party. This Agreement may be executed in two or more counterparts, each of which shall be deemed an original and all of which together shall constitute one and the same instrument.
8.11 Representation by Counsel . Each Party hereby represents that it has had the opportunity to be represented by legal counsel of its choice in connection with the negotiation and execution of this Agreement.
[ The Remainder Of This Page Is Intentionally Left Blank ]
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IN WITNESS WHEREOF, the Parties have executed this Agreement as of the day and year first above written.
EMPLOYEE:
Zhang Yizhao
ENERGROUP HOLDINGS CORPORATION
Shi Huashan
Chief Executive Officer
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Q3 ain't over(EOM).
Who would have notified them? If the transfer agent was part of the scheme he/she wouldn't. The shares likely were moved over time.
I agree with the rest of your post, ONEV needs to go after
whoever.
I did not say ONEV hasn't been hurt, they and we HAVE been hurt, and we need restitution.
Yes, much needs to be done, now that we and the company are aware. I expect the company will address the situation, and inform us. Betcha they've got lawyers on it already.
I know I am repeating myself, but my post had to do with
some folks' expectation that Dean should have been aware of
this all along. Not necessarily, IMO.
GLTY/GLTA.
By what reasoning could Dean be expected to know about a
case involving unpaid income taxes? How would/could he have
known, unless someone informed him?
Not arguing, just don't understand how he could be
"expected" to know?
GLTA.
Don't think so...BOA emerging as perhaps the biggest
and strongest financial institution, if they aren't already.
Having been at Disney World with family in late July/early
August, and having specifically looked for the Innovations
exhibit, I can confirm that ONEV is there and operational.
The tour guide operated the Media Center using voice commands
that started with "OneVoice...".
Music to mine ears.EOM
RAIN, the company indicates a closing "in or around September.
You have said a filing needs to happen 30 days in advance. Are
we now looking at a mid-late Oct closing?
TIA
PS I am still optimistic but confused. I already got
my clock cleaned by SEIH, so I have to wonder.
GLTA.
Press Release Source: S3 Investment Company
S3 Investment Company Announces Scheduled Appearance at the Global Chinese Financial Forum -- Dalian Conference
Monday September 8, 10:14 am ET
DANVILLE, CA--(MARKET WIRE)--Sep 8, 2008 -- S3 Investment Company, Inc. (Other OTC:SIVC.PK - News) and its wholly owned Redwood Capital subsidiary, which assists private Chinese companies in accessing the U.S. capital markets through reverse mergers into public companies, today announced Redwood Capital's scheduled appearance at an upcoming Global Chinese Financial Forum (GCFF) event, which will be held on October 17-18 in Dalian, China.
The GCFF - China Conference focuses primarily on the capital markets and wealth management, acting as a platform connecting international financial service providers to private companies in China looking to step into the international market.
GCFF is the largest series of bilingual (Chinese/English) financial functions in North America. GCFF fosters the development of North American and Asian financial industry by creating opportunities for companies, financial institutions, and investors to physically meet to truly benefit from each other. Since 2000, GCFF has grown from a one-day seminar to a series with two-day conferences, seminars, and road shows. GCFF has previously hosted events in Toronto, Vancouver, San Francisco, Beijing, and Shanghai, and will continue to expand its network in Asia and North America.
"The GCFF event in Dalian is an excellent opportunity for Redwood Capital to further expand its network of contacts in the reverse merger space, and we look forward to the company's appearance in October," commented Jim Bickel, chairman and chief executive officer of S3 Investment Company.
Mr. Bickel recently returned from China, where he participated in meeting with existing Redwood Capital clients, to meet with additional prospective clients, and to prepare Redwood's pipeline of prospective clients for 2009. S3 has announced that the company expects two current Redwood Capital clients to participate in successful reverse merger transactions and enter the U.S. public markets before the end of this year. One is anticipated in or around September and the other is expected to close in the October-November timeframe. As a result of meetings that were held during Mr. Bickel's most recent trip to China, an additional Redwood Capital client has been targeted for a reverse merger transaction, and that transaction may also close before the end of 2008.
Redwood Capital participated in a transaction involving Dalian Chuming, a pork processing company that trades in the U.S. as Energroup Holdings Corporation under the symbol ENHD. As part of the transaction, ENHD, a Nevada corporation, acquired all of the issued and outstanding capital stock of Precious Sheen Investments Limited ("PSI"), a British Virgin Islands corporation and parent company of PRC-based Dalian Chuming.
Redwood Capital was issued 428,095 shares of ENHD as the equity portion of its payment for advisory services provided for the transaction. Institutional and accredited investors participated in a $17.0 million private placement with Energroup Holdings Corporation, paying $4.40 per share for their positions. At the placement price, the value of Redwood Capital's equity position would exceed $1.8 million. At the most recent trading price of Energroup Holdings Corporation's common stock, the value of the equity position would exceed $2.1 million.
To sign up to receive information by email directly from S3 Investment Company when new press releases, investor newsletters, SEC filings or other information is disclosed, please visit http://www.s3investments.com/investors/.
About S3 Investment Company
S3 Investment Company, Inc. (http://www.s3investments.com) is a holding company with two subsidiaries doing business in the China market. S3 holds a 100% equity interest in Redwood Capital (http://www.redwoodcapinc.com), which assists private Chinese companies in accessing U.S. capital markets by utilizing a network of investment banking relationships to achieve reverse merger transactions, and a 51% equity interest in SINO UJE (http://www.sinouje.com), a non-stocking distributor of medical and industrial high-tech products to markets throughout China.
Any statements contained herein related to future events are forward-looking statements and are made pursuant to the safe harbor provisions of the Private Securities Litigation Reform Act of 1995. Readers are cautioned not to place undue reliance on forward-looking statements. S3 Investment Company, Inc. undertakes no obligation to update any such statements to reflect actual events.
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Indeed!(EOM).
It is now "around September".
:)
interesting....................
In the Air
WiMax's Invisible Power
Elizabeth Woyke, 08.28.08, 6:00 PM ET
You can't see them, but the fastest-ever mobile broadband connections are headed your way.
Clearwire (nasdaq: CLWR - news - people ) burst into the public consciousness in May with a $3.2 billion deal involving Sprint (nyse: S - news - people ), Intel (nasdaq: INTC - news - people ), Google (nasdaq: GOOG - news - people ) and a slew of cable companies (Comcast (nasdaq: CMCSA - news - people ), Time Warner Cable (nyse: TWC - news - people ) and Bright House Networks). Since then, the broadband provider has been laying low, awaiting regulatory approval. But over the next few months, it plans to accelerate its battle to bring super-speedy mobile broadband to U.S. consumers.
By the end of the year, this technology, called WiMax, should be up and running in as many as seven cities, including Atlanta, Baltimore, Chicago, Grand Rapids, Mich., Las Vegas, Portland, Ore. and Washington D.C. (Clearwire plans to upgrade its existing pre-WiMax broadband networks to mobile WiMax by the end of 2009.)
WiMax-enabled devices in never before seen shapes and sizes will follow, spanning cellphones to mobile Internet devices to laptops. Users will be free to run the kinds of bandwidth-sucking mobile applications, such as video-conferencing and person-to-person file sharing that most operators block.
"We will start seeing all the plans for Clearwire start to click," says Berge Ayvazian, chief strategy officer of the Yankee Group.
It's a bold promise: faster speeds at lower prices with more flexibility than cellphone operators like AT&T (nyse: T - news - people ) and Verizon (nyse: VZ - news - people ) are able to offer. What's more, Clearwire says that this will be true not just later this year, but also two to three years from now, after other carriers have upgraded their current third-generation (3G) networks to more advanced 4G ones, using a different technology called LTE.
Clearwire's advantage lies in its breadth of spectrum, says chief executive Ben Wolff. Clearwire plans to merge with Sprint's WiMax division, Xohm, to form a stand-alone, publicly traded company with an independent management team, also called Clearwire.
Post-merger, the new Clearwire will boast more than 100 megahertz of spectrum in its markets across the country. That's several times more bandwidth than AT&T and Verizon own in any market, giving Clearwire what Wolff terms a "fire hose" to competitors' "garden hoses." A bigger "hose," he adds, can support more services and more customers at greater speeds.
That's not the only difference. AT&T and Verizon have access to a particularly valuable kind of spectrum that can travel long distances, cutting down on the number of expensive cell sites they need to build. Wolff concedes that this spectrum will save them money. But he says Clearwire's airwaves, which are shorter, may better serve densely packed cities because the signals are less likely to collide into each other and create interference.
There are plenty of skeptics. The deal has yet to win the OK of the Federal Communications Commission and Clearwire's shareholders. AT&T has filed opposing arguments with the FCC that call the deal "anti-competitive" and accuse Clearwire of misrepresenting its spectrum holdings. Sprint and Google have denied the charges in their own FCC filings. Wolff says he expects to receive approval by the end of the year.
Investors have been skeptical of the current Clearwire, whose stock trades at $9.85, down from a high of nearly $27 a year ago. Some analysts note that the "old Clearwire" managed to amass only 461,000 customers in five years. Others question whether Clearwire's star backers can cooperate--and whether such an ambitious plan can really take hold in the midst of a weak economy.
And little can insulate Clearwire from tough competitors starting with AT&T and Verizon. The two telcos have "the ability to lose money for a long time," says Paul Kapustka, founder of research firm Sidecut Reports. "If Clearwire tries to compete against them on price, they could easily drop their prices."
Of course Clearwire isn't blind to these challenges and so is mounting its own charm offensive. This fall, it will hold WiMax demonstrations in Portland for analysts, reporters and other interested parties. To play up WiMax's ability to work at high speeds, Clearwire plans to let visitors test the service in chauffeured cars whizzing around at 50 miles per hour. The company will also have a presence at the wireless industry's big fall conference, CTIA, in mid-September. Wolff will give a keynote address at another event, WiMax World, later that month.
Wolff says synergies will improve results once the merger takes place. "We'll be able to take advantage of the preparatory work Sprint has done and streamline things so that we're not duplicating efforts," he says.
International expansion may be in the cards. "Clearwire has an opportunity to take its business model and branding to Europe and elsewhere outside the U.S.," says Ayvazian. "I would expect that to come forward before the end of the year."
For now, Clearwire is relying on conference calls and back-and-forth flights to bridge the gap with Overland Park, Kansas-based Sprint. Wolff has also been taking lots of meetings with cellphone and PC manufacturers. He's coy on the exact devices that will emerge, but says those that enable video chat are particularly interesting.
WiMax's flavor of fast, "always on" mobile broadband will enable device owners to do lots on the go, from shopping to banking, says Ayvazian. On Thursday, Sprint announced that it will offer WiMax users a potpourri of location-based services ranging from "friend finders" to traffic updates to local event listings, beginning in September.
Another customer perk: flexible pricing plans. Wolff envisions a "palette of options" including day rates and the ability to use multiple devices on the same account without being charged multiple times. Clearwire will also offer "bundles" of services, including residential broadband and voice, mobile broadband and voice and mobile video/entertainment. One possible caveat: More casual users may not get the same level of customer service. "There will be a lot of self-service opportunities," admits Wolff.
The hype over the iPhone 3G's July launch and recent kerfuffle over its sluggish connection (on AT&T's network) is priming consumers for WiMax, Wolff argues. "3G is whetting appetites for what we'll be able to deliver," he says. "Whenever people get a taste of faster speeds, they want more."
Clearwire's success ultimately comes down to two tasks, says Kapustka. "They need to prove it as a business and make sure people are aware of it."
Adds Ayvazian, "Ben has to flawlessly execute."
See Also:
WiMax Gets Real
Intel's WiMax Bet
Why WiMax
Your Future Web Life
Confessions of an Uber-Connected Gal
Change of Heart for 3G Notebooks
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"A BUY-IN IS IMMINENT"
if we hold our shares, we make 'em PAY.
:)
GLTA."
And you are telling us this because?
Your motivation(agenda) is?
The more try do to discredit ONEV, the more I believe
the good times are near.
New investors, TELMEX, MIDs are all current 'Biggies" plus
Big increase in volume, MTNL, 411, MOT, ?whatever else.
Let the good times roll!
GL to almost all.
:)
ENHD late with filing?......
'ENHD.OB' is no longer valid. It has changed to ENHDE.OB
KarinCA, can't trust the memory anymore, shoulda looked
back, thanks for pulling that together.
GLTA.
Dave
RAIN, per the latest PR, SIVC still seems on track to
provide the promised filings in September.
Regarding the next closing, however, they are saying
"in or around September"
If memory serves, that is a change from earlier updates.
IF it may take a little longer, it's good that they are warning us now. Let none complain later that a closing was
"promised" in Sept.
GLTA.
Do we know if there is an SP requirement for application for BB reinstatement?
GLTA.
SBB, since IYO, ONEV will not be generating any significant revenues, what is your problem with Dean scheduling commissions? No revs = no commissions, right?
:)
Bulls, I don't believe the company would schedule a CC to
announce bad news.
Keep trying.
LOL.
NEW INFO while Qs are generally due 45 days after end Q,
looks like the filing for 6/30/08 Qs are due 8/11....
see third calendar down
http://www.secfile.net/SEC_calendar.htm
Due the 15th, if notready, file NT(EOM).
"This likely won't be ready in five years"
WRONG!
GLTA.
BBB, you're finding great stuff,
VERY interesting!
Thanks and keep up the good work.
GLTA.
It has changed from time to time, but so far seems to
have meant nothing.
Hope it means SOMETHING!
GLTA.
"in this day and age, morality, especially where money is concerned, will seek it's own level."
Spoken by the biggest (proven) LIAR on this board.
http://investorshub.advfn.com/boards/read_msg.aspx?message_id=30588656
Get lost.
NOT!!!
EOM.
http://biz.yahoo.com/paidcontent/080708/3_325215_id.html?.v=1
U.S. Takes Top Nod For Mobile Internet Usage: Report
Tuesday July 8, 5:24 pm ET
By Matt Kapko
Contrary to popular opinion, Americans do love the mobile web and use it in spades. The U.S. takes the top nod on mobile internet penetration among subscribers in 16 countries, according to a new report by Nielsen Mobile (PDF). The firm found that 15.6 percent of U.S. wireless subscribers use the internet on their mobile devices. The U.K. follows just behind at 12.9 percent while Italy took the third spot at an 11.9 percent penetration rate. "In the 16 countries we looked at, the U.S. is tops in terms of penetration and I would say that surprises me at this point," said Nic Covey, the firm's director of insights.
Some other interesting findings:
-- The average customer pays $11 a month for mobile web, up from an average of $9.22 a year ago.
-- In May, at least 40 million wireless subscribers accessed the internet from mobile device, however that's still less than half the 95 million customers who already pay for access to the service in one form or another. Covey: "We've seen this trend for a while now … We don't see that so much from other mobile media types."
-- Top devices for accessing the mobile web in the U.S.: Motorola (NYSE: MOT - News) RAZR/RAZR2 (10 percent), Apple (NasdaqGS: AAPL - News) iPhone (4 percent), RIM (NasdaqGS: RIMM - News) BlackBerry 8100 series (2 percent), RIM BlackBerry 8800 series (2 percent) and Motorola Q series (2 percent).
-- Top mobile web devices in France, Germany, Italy, Spain, Sweden and U.K.: Nokia (NYSE: NOK - News) N95 (5 percent), Nokia N70 (4 percent), Motorola RAZR/RAZR2 (3 percent), Sony (NYSE: SNE - News) Ericsson (NasdaqGS: ERIC - News) K800i (3 percent) and Nokia N73 (3 percent).
-- The U.S. mobile internet audience is almost evenly split between those over the age of 35 (48 percent) and those under the age of 35 (52 percent). Additionally, there are approximately as many teenagers using the mobile Internet as there are persons over the age of 55 (5.1 million persons age 13-17 and 4.4 million persons 55 and older).
-- The audience was still slightly more male than female--56 percent male and 44 percent female. The male bias of mobile internet use is consistent across markets and is most pronounced in Germany, where 75 percent of mobile Internet users are male. In general, Internet users in European markets skew more male than those in the U.S.
Nielsen Mobile concludes that the market has matured enough to warrant advertising dollars to follow in stride. Covey: "The adoption and the experience are improving at an impressive rate. I think marketers need to continue to be convinced to take the leap into the mobile internet."
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"You must be invested in China."
http://www.fool.com/investing/international/2008/07/08/you-must-be-invested-in-china.aspx
I just clicked on a CNN video clip, and had to first watch a commercial...it was a pitch for Honda highlighting its VR
technology.
Where have all the bashers gone?
Long time passing......................
Gone with shorters everyone
When will they ever learn?
When will they ever learn?
:)