Waiting on Michael Holigan to tell PFOB'ers what he's going to do with the shell.
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I will attempt to add patrick moore's information to the Ibox this weekend and add the additional geographical point of sales to the pompisenergy section.
Pompisenergy is the logical candidate if Holigan takes the shell public. "IF" doesn't scare me. Im not a "momo player" and if I want liquidity and safety I will go trade Berkshire Hathaway.
I appreciate the vote of confidence Joe. Have a great weekend.
Bama
No there is nothing concrete. I base my time and monies on probability and supportive evidence.
1. Holigan absolutely owns the PROB shell free and clear. What's his motivation for buying a shell? There are several possibilities. I would argue the strongest reason is to take one of his private companies public. I believe his busiest effort Pompisenergy.
2. When I spoke to Holigan he revealed nothing about the target company. He cited SEC restrictions concerning non public information. He only said they were in the process of cleaning up the shell. Still encouraging because he revealed to me they were actively pursuing shell prep. He intends to use it.
3. Within the filings for petition Holigan chose Merge Beverages to represent FKA Holigan Racing in request to reopen the chapter 7. Merge is fitting because merge racing was a partnership that formed after the Holigan Racing company that organized the Boo Koo MX racing. I believe the Beverages portion notes the "Hiney Beverage" / Backside Beverage / Pompisenergy ambitions he is showing now. I don't believe Merge Racing will be included as part of any public effort.
4. I fully believe Enterprising Investor when he said he attended the hearing and witnessed the conversation outside the courtroom. The conversation of Holigan explaining to the trustee, Yaquinto, that he had an energy drink company to put in the shell. EI posted that Holigan said to Yaquinto product launch in two weeks and like clock work we had roll out of Pompisenergy.
I have attempted to offer supportive information over the last 9 months. Concrete information would be public info and I would be chasing the stock at that point. I ask anyone observing make a case. A real objective argument dealing with the documents we have and Holigans activities. We can as.a board can discuss multiple possibilities. That's what this forum is for and I will entertain anyones opinions as long as its mature.
Thanks for the post Joe and how long have you been invested here?
There are three other owners shell. Three stones left unturned.
At least the article points out the fact that POM Wonderful are predatory and have sued over a dozen companies regarding their name. I find their argument silly. How a company could monopolize a prefix. The billionaire couple who own POM Wonderful like litigation. I noticed they still adhere to their claims that the POM Wonderful adds health attributes while being sued by the FTC for false claims. Its just fruit juice.....full.of natural sugar. Now I am cheerleading for a Backside Beverages.
Holigan has done very well with this branding and product. The facebook entries are very encouraging. The target consumers appear to enjoy the product and the product is expanding.
Entire case file PDF
http://www.courthousenews.com/2011/08/24/Pom.pdf
Clive indicated 30 to 60 days. This was posted onFebruary 2. Anyone reconnected? How about any other member....maybe the small fish of the pack?
as always I totally agree with you. I have the court pacer files downloaded and I should have them uploaded soon concerning the case.
LOL. Good luck.
Indeed, audited financials are encouraging.
I stand corrected.
Most R/S are for share structure control opposed to artificial share price depiction. If the merger architects are using the reverse split for price manipulation the stock will not sustain appreciation. It is possible for a viable private company that could support a higher price valuation but I don't like to gamble unless I have established a pretty good suspicion who the candidate it. Otherwise I will wait to buy in.
I believe this comment was made during the expert disclosures portion of the dispute process.
I have noticed but not commented on the last several posts on the pompisenergy facebook pages. Restaurants and convience stores requesting the product. This indicates an adoption of the product in new communities. Laredo, El Paso, New Mexico, etc. I wonder if the litigation will reveal the plaintiffs estimations of loss revenue. This could require backside beverages to submit some numbers. I've been more interested in the numbers ever since the Ogden Outlaws owner states they were the fastest growing energy drink in their market. That may have been an overstatement then again it may be on point.
I believe the shell progression hold up has been identified.
though one fluent speaker of the language denied this morning ever hearing the precise term "pompis" used.)
So the term Pompis has no definable meaning. The plaintiffs argument is based on mis interpretation.
Institutions are trumped by the reorganizational requirements and the structure of the liabilities. This will take months to legally hammer out and institutions will require audited financials to determine ongoing viability. In short...dont bet on the q removal creating mass entry. I can give examples if needed.
Now that the Q is off QSGI its trading in the. 10's from .58 and your impressed? The pump was hedgefunds could legally re enter the stock when the Q was remove and it would be in dollar land. Think about your post again? It isn't logical.
Dispute schedule: Time to Answer 12/7/2010 Deadline for Discovery Conference 1/6/2011 Discovery Opens 1/6/2011 Initial Disclosures Due 2/5/2011 Expert Disclosures Due 6/5/2011 Discovery Closes 7/5/2011 Plaintiff's Pretrial Disclosures 8/19/2011 Plaintiff's 30-day Trial Period Ends 10/3/2011 Defendant's Pretrial Disclosures 10/18/2011 Defendant's 30-day Trial Period Ends 12/2/2011 Plaintiff's Rebuttal Disclosures 12/17/2011 Plaintiff's 15-day Rebuttal Period Ends 1/16/2012
So unless the claim is thrown out, court exercises are final January 16th.
I believe the Pom Wonderful people are habitual litigation hounds. I don't see how they could hold claim to the name Pompisenergy as trademark theft either. I don't know the precidencefor these situations or how judge Brook Wells will handle it. Just watch and see.
Regarding OTC Pom Wonderfuls health claims:
Those impressive claims helped the company rack up $91 million in sales in 2009. They also earned the disapproval of the Federal Trade Commission (FTC). Last month, the agency sued POM Wonderful for making "false and unsubstantiated" health claims, and is asking the company to remove the claims from its ads.
http://www.brandchannel.com/home/post/2010/09/27/Pom-Wonderful-FTC.aspx
Necessary reading material:
http://www.courthousenews.com/2011/08/24/39224.htm
I find it interesting that POM is being sued by the FTC.
http://brandgeek.net/2011/05/26/ftc-v-pom-wonderful-wonderful-lawyers-good-pom-you/
LET'S GET IT ON POM WONDERFUL
http://dockets.justia.com/docket/utah/utdce/2:2011cv00760/81700/
I personally believe the transaction will occur as EI heard Holigan explain it to Yaquinto. When? Don't know. I have more money designated to stage new buys if we get some paper work revealing a deal but wont buy anymore until then. He could do any number of things or nothing. I don't expect my efforts to be in vain and I am as solem and patient as a Hindu cow.
If he did have a buyer...then let it be Scott Gold of Bruvado Imports. 5 premium Mexican lauger 12oz beers and a five shot bottle of premium tequila or whiskey (your choice) and a glass shotglass in a single pack for 10.00. The special packaging has exclusive trademark protections and is blowing up the spirits world.
Bruvado Imports was named Blanco Basuro and debuted with Pompisenergy on the Jimmy Albertson effort.
Bama
LOL. I'm sure the creditors and MX Riders owed money would say SOB.
Soloman, the COB who drove Boo Koo into bankruptcy? Really?
Perfect match
Hiney's Restaurant: Need some energy? We are now carrying Pompis Energy Drinks! Put your lips on a delicious Purple,Puckered,or Primo Pompis.
El Paso, Tx
http://m.facebook.com/wall.php?id=107964755910&time=1313276646&refid=0
I also can't see the Backside Beverage management pyramid void of Brady Giddens. Giddens currently works for Holigan Investment but was an executive for 7-eleven formally. He would be quite an asset to Backside Beverages based on his in house knowledge of convience store marketing as noted in this 2002 article. Besides he is President of Holigan Racing LP while Michael Holigan holds the CEO so they have worked within the same capacity before.
http://www.kioskmarketplace.com/article_print/175755/Vcom-more-units-more-functionality
We agree. Holigan seized the opportunity as senior creditor to purchase the shell at a premium. The benefits as a major shareholder are self explanatory. In my opinion Holigan was going to enter the energy drink market regardless of going public. Going public allows him to benefit from his own talents if successful.
I remember Coalisson asked if we felt sufficient revenues would exist to establish a decentsupportive share price. Revenues are used a lot by IHubbers and press releases to indicate value. Revenues can be misleading. Net income is the value we need to indicate share price. Revenues minus expenses equals net income divided by OS. This takes audited financial to obtain. I attempted to find a comparative cap rate to estimate a typical value but found nothing reliable. In short, I have to look at management at this juncture to determine how much risk to take. I have only found on negative article on Holigan but the writers obvious bias against the family lead me to disregard his opinions. I believe the guy is going to be very successful with this brand and I have decided the risk reward is as good as it gets.
The plaintiff submits their case today and Backside Beverages have a 30 day rebuttal period. The defendent will receive the same opportunity. Per EI' s link below, the whole tax amount is not collectible. I'm not so sure these issues are holding up the process. I think Holigan will use the shell opportunity but I can't see the typical rush to RM for the quick finance monies. This is very different from anything I've seen to this point regarding OTC shells.
http://investorshub.advfn.com/boards/read_msg.aspx?message_id=65586901
Every few day someone nibbles away a few more shares.
Pompisenergy trademark represention change: Douglas C Heuvel
http://www.tklaw.com/attorneys.cfm?action=view&id=4204
Plaintiffs pretrial disclosures. 8/19/2011
http://www.trademarkia.com/correspondent-douglas-c-heuvel-1-1018410
LOL. I toast to that. From my new DroidX2.