Explore small cap ideas before they hit the headlines.
Explore small cap ideas before they hit the headlines.
For some clarification on NM, LLC
It is in at least part controlled by YA per Delta's own press release.
"Delta Drone and the shareholders of the US company NM, LLC, Yorkville Advisors LLC being one of them"
http://www.deltadrone.com/it/delta-drone-discussion-exclusive-vue-rachat-de-certains-actifs-de-societe-nm-llc-aux-etats-unis-3/
There is a NM, LLC registered in the state of NJ...
I, purely for my own curiosity, emailed Delta Drone investor relations and their CEO regarding this acquisition.
Simply put in their press release they stated:
i) the approval by Delta Drone shareholders which will be convened soon for a special meeting in order to vote on the capital increase for the payment in kind for the acquisition of the assets of NM by Delta Drone and (ii) the completion of an auditor’s report and an independent appraisal determining the value of the assets acquired and the fairness of the transaction.
I asked if they were goin to disclose to the shareholders of Delta this auditors report and independent appraisal to determine the "fairness" of this transaction....I summarized the conflict it clearly being the old Neomedia assets that now YA is providing financing for the acquisition. I'm not holding my breathe on a response.
For the record, I'm satisfying my own curiousity. This is a zombie in my opinion
Good luck to all my former Neomeida'ites with all future investments. We fired and missed on this one, it was a moving target the whole time.
Ms. Marriott was the Chief Executive Officer and Board Chairperson of NeoMedia for 6 years.
https://www.linkedin.com/in/lmarriott
CEO
Neomedia Technologies
October 2010 – July 2016 (5 years 10 months)
Neomedia Patents....looks like the bread crumb trail to me
-YA confiscates patents
-forces auction ---NM, LLC- YA entity winds up with patents
-then has Delta Drone (trades in Euro pennyland) buy NM, LLC (Neomedia patents for $3.5M)
-Delta Drone is a YA controlled company that uses YA financing
YA found a way to still make a buck off this disaster at the hands of Delta Drone shareholders
So crooked till the end
Used another YA ponzi company to buy out NM (Neomedia) without giving a penny to shareholders or any other creditor.
Delta Drone is in exclusive negotiations for the acquisition of substantially all of the assets of NM, LLC based in the US
http://www.deltadrone.com/it/delta-drone-discussion-exclusive-vue-rachat-de-certains-actifs-de-societe-nm-llc-aux-etats-unis-3/
http://www.lamy-lexel.com/New-fundraiser-for-DELTA-DRONE-by-issuing-OCABSA-certificates.486+M52087573ab0.0.html
The only significant news is...LM, effective end of July, is no longer the CEO of Neomedia...which would make sense being there is no more Neomedia
Good luck on the job hunt Laura!
Diarch old pal, hope all is well.
In regards to Marrtiot...I stumbled onto her FB page a few years back and her profile quote told me all we need to know about her priorities. I'm sure you'd like to see her tumble down her mountain.
"Because in the end, you won’t remember the time you spent working in the office or mowing your lawn. Climb that goddamn mountain."
Jack Kerouac
https://m.facebook.com/profile.php?id=589873168&tsid=0.25891529861837626&source=typeahead
Good day Pop,
I think I'd have to disagree with the assumption this is going to stop trading in 90days. The shares are terminated, the registration. But that doesn't mean they are delisted and can't trade on the stinky pinks for years. They are worthless non-the less.
The crew on here that was promoting KEYO now (who knows the agenda) some might be familiar with.
Keyo filed the exact same Form 15 in 2011. Only to trade thru 2014
http://www.sec.gov/Archives/edgar/data/1335294/000143774911009778/keyon_form15-122311.htm
http://www.sec.gov/Archives/edgar/data/1022701/000114420416082536/v430844_15-12g.htm
Rule 12g-4(a)(1) x
Rule 12g-4(a)(2) ¨
Rule 12h-3(b)(1)(i) x
Rule 12h-3(b)(1)(ii) ¨
Rule 15d-6 ¨
Wilma
If your interested in seeing what our boys at YA have been up to, check out Medbox MDBX
They were one of the high flying weed stocks of a few years back....ran up to over $200 a share back in 2012
Angelo and the crew sunk their teeth in recently...it's a shame to watch the folks over there disregard the warnings about YA. At least we here have all learned
Cost most likely, but who knows
It's officially a shell now
We will have no idea what goes on, not that anyone really ever did
Caveat emptor
Wilma
Look at the Form 15
They did not check the box 15D to terminate or delist the stock
It will still trade
They just have no filing requirements at all with the SEC now.
So no Q's, K's or Annuals
They are completely dark...officially now at least
It's a Form 15 12g
No longer registered with the SEC, but it will still trade.
Shares will still trade on the pinks
Just means they've gone "dark"
No more filing requirements
So basically, go F yourselfs....again
Debt Extension
http://www.sec.gov/Archives/edgar/data/1022701/000114420415046783/v417329_8-k.htm
So it continues...at least until February
Poor LM probably had to go into the office yesterday
Diarch
Apologies on a very delayed response. Hope all is well.
I've made it a point to try and not visit this our old stomping ground as to not be tempted to double down on top of many previous double downs on this loser that has been guided into the ground by LM and the wonderful folks over at YA
Pop
Have to you seen who else wants a piece of YA's hide now?
NJ Securities Firm Disputes Cayman Partner's $99M IRS Bill
YA Global Investments is facing down $99 million in unpaid taxes, plus accuracy penalties, for allegedly neglecting to pay taxes on its U.S.-connected income from 2006 through 2009, according to court documents. The company said the Internal Revenue Service shouldn’t have credited the income to the U.S.
http://www.law360.com/articles/667274?utm_source=rss&utm_medium=rss&utm_campaign=articles_search
Also, I found it interesting the case with the SEC is still muddling along with be SEC having to pay some reduced attorney fees for lack of producing certain documents. The SEC reason for doing so:
The SEC claims that it believed in good faith that all of the privilege logs were sufficient because providing additional information might have jeopardized ongoing criminal investigations or run afoul of statutory exemptions from discovery (SEC's Mem., at 12-14
https://scholar.google.com/scholar_case?case=12072763410809133620&q=securities+class+action&hl=en&scisbd=2&as_sdt=6,33
YA musta really ruffled the wrong feathers
I've had the watch for a week now. Have yet to see any trace of a QR Code.
This ship is permanently sunk and our capitain is off sipping Corona's at the local tiki bar
It's getting kicked back to GA
http://investorshub.advfn.com/boards/read_msg.aspx?message_id=107884587
Revenue. Revenues for the three months ended September 30, 2014 and 2013 were $1,002,000 and $1,602,000, respectively, a decrease of $600,000, or 37%. Revenues for the nine months ended September 30, 2014 and 2013 were $2,659,000 and $3,871,000, respectively, a decrease of $1,212,000, or 31%. The decrease in revenue is primarily attributed to the decrease in total deal size which is reducing given some commoditization of services in the QR industry.
Court Named in Bylaws May Rule on Exclusive Forum Provision
Jeff Mordock
11/05/2014
http://courts.delaware.gov/opinions/download.aspx?ID=214060
Questions about the validity of an exclusive forum provision must be decided by the court identified in the provision, the Delaware Court of Chancery has ruled. The Chancery Court's decision, one of the few on forum provisions, transferred the dispute over whether an exclusive forum bylaw was in effect when a plaintiff filed a lawsuit to the Georgia courts named in the bylaw.
"This court 'cannot decide whether the termination provision applies without usurping the role of the Georgia courts, which were expressly charged with adjudicating disputes over the agreement," said Vice Chancellor John W. Noble in Scanbuy v. NeoMedia Technologies. "Disputes over whether the agreement has been terminated or the forum selection clause survives should be resolved by the courts in Atlanta."
Scanbuy Inc., a provider of cloud-based mobile products, reached a 2009 licensing agreement with electronic bar-code manufacturer NeoMedia Technologies Inc., according to court documents. Under the agreement, both parties had licensing agreements for the other company's patents. The agreement also required any disputes between Scanbuy and NeoMedia to be resolved by a federal or state court in Atlanta.
The parties terminated the agreement in 2013, but differ on when the agreement ended. NeoMedia claimed the agreement finished in September 2013, while Scanbuy alleged the licenses were canceled in December 2013. In February 2014, NeoMedia sent a letter to Scanbuy's customers alleging their use of certain products infringed upon NeoMedia's patents. Scanbuy claimed the letters contained false or misleading information and impacted its current and expected customer relationships.
Scanbuy filed a Chancery Court lawsuit in March alleging NeoMedia violated Delaware law by disparaging its business and products through false and misleading representations of fact. The plaintiff also claimed NeoMedia's letters tortiously interfered with its business relationships.
NeoMedia countered by arguing Delaware was an improper venue because the licensing agreement requires any dispute to be resolved by the Georgia courts. However, Scanbuy alleged it filed the complaint after the agreement was terminated, so the forum selection clause no longer applies.
Noble said questions over the forum selection clause's validity, including if the agreement was in effect when the complaint was filed, should be decided in Georgia, not Delaware. He said under Delaware law, the court selected in the forum bylaw must decide whether the plaintiff has the authority to decide a venue.
"The 'interpretation of the [agreement]'s termination provision ... [is an] issue for the court identified in the forum selection clause to decide,'" Noble said, citing Ashall Homes Ltd. v. ROK Entertainment Group, a 2010 Chancery Court decision on forum selection clauses before they were declared valid by then-Chancellor Leo E. Strine Jr. last year. "The parties present conflicting interpretations of the contract and 'the court selected by the parties to adjudicate disputes under the agreement might reasonably conclude' the issue either way."
Noble also concluded that Georgia was the most appropriate venue because Scanbuy raised claims under the agreement, and he should defer to the judiciary identified in the agreement to decide the case. He said the plaintiff's allegations both frequently reference the agreement and relate to the agreement's subject matter.
"To respect the parties' contractual agreement, the tort claims are subject to the forum selection clause if that clause was in effect when Scanbuy filed the complaint," the vice chancellor said. "Therefore, if the agreement has not been terminated, dismissal for improper venue is warranted."
Finally, Noble said the exclusive forum provision does not limit Scanbuy's claims to either a federal or state court in Georgia. But he concluded that Scanbuy asserted state law claims; therefore, Georgia's state courts are the most appropriate venue for the lawsuit.
"Since a state court is the appropriate forum for Scanbuy to bring its claims in Atlanta, this court will interpret the forum selection clause in accordance with Georgia law," he said.
Peter J. Walsh of Potter Anderson & Corroon represented Scanbuy, and Catherine A. Gaul of Ashby & Geddes represented NeoMedia. Gaul and Walsh did not return calls seeking comment.
Interview with the CEO and Board Chairperson: NeoMedia Technologies, Inc. (NEOM)
-the accurate version is:
TWST: Can we start with an overview of NeoMedia’s business?
Ms. Marriott: NeoMedia Technologies is a private company with worthless shares that trade publicly headquartered in Boulder, Colorado because we like to ski.
NeoMedia is excited to be featured in Customer Magazine's Mobile Marketing Solutions Roundup! ?#?mobile
http://www.customerzone360.com/features/articles/389771-mobile-marketing.htm?subscribed=true
"has developed a sustainable business model that ensures it'll be here for years to come"
You sure about that one??
Amended Statement of Ownership (sc 13g/a)
YA
https://www.sec.gov/Archives/edgar/data/1022701/000114420414060517/v391115_sc13ga.htm
Diarch: My new suspicion is around all these new posters to the board with such extreme enthusiasm and excitement...yet we've had only a couple hundred dollars in volume with such great NEWS!
Why aren't all these "cheapies" being scooped up
Well, if they aren't here to buy...must be here to facilitate some selling
http://www.hedgeho.com/hedge-fund-news/mark-angelo-yorkville-advisors-charged-by-sec/
Diarch: the good ol'days when the pps would actually go up, distant memories
The fact this Patent has been known about for months and a Pennystock promo hit this morning, signals to me this PR is nothing more then Angelo needing a new Paneria
http://ih.advfn.com/p.php?pid=nmona&article=63936091
At least to their credit, most folks aren't falling for the old tricks
NeoMedia Receives New Patent and Reaches Milestone in Patent Licensing Program
18 Mins Ago
Business Wire
IP Portfolio Continues to Garner Respect for Patent Rights from Mobile Industry
BOULDER, Colo.--(BUSINESS WIRE)-- On August 12, 2014, the United States Patent Office issued U.S. Patent Number 8,805,728 to NeoMedia Technologies, Inc. (OTC BB: NEOMD), the industry’s innovator in global mobile barcode solutions. The newest patent adds to NeoMedia's already extensive intellectual property portfolio developed through its industry-leading barcode resolution technologies.
"We are proud to have been awarded this latest patent," said NeoMedia CEO Laura Marriott. "It confirms the groundbreaking technologies that NeoMedia has developed and uses everyday to serve thousands of customers. Our mobile barcode resolution services and technologies are the most advanced and efficient available in the market today."
The new patent will also be made available for licensing in NeoMedia's on-going patent licensing program, which recently passed a new milestone. Since September 1, NeoMedia has entered 11 agreements relating to its patents, bringing the total number of IP agreements the company has entered to over 80. NeoMedia is the only company that can license all the core patents that are asserted in the QR industry.
David Berten, a Partner at Global IP Law Group and one of the lawyers working on NeoMedia's patent licensing program said, "Companies around the world continue to demonstrate respect for NeoMedia's innovations by entering agreements with the company, and we anticipate additional agreements will be entered soon."
NeoMedia’s barcode services and IP have powered mobile marketing campaigns by some of the world’s most recognizable consumer brands, including the leaders in technology, science, food and beverage, consumer packaged goods and financial services. NeoMedia has 10,000+ customers using its barcode creation services (NeoSphere® and QodeScan®) and its barcode reader, NeoReader®, has 50+ million installations and is available free of charge in all major app stores.
A partial listing of those with IP agreements in place with NeoMedia can be found at http://www.neom.com/solutions/ip_licensing/customers.
If you are active in the mobile barcode space and interested in discussing a license to NeoMedia’s patents, contact Alex Debski at Global IP Law Group at adebski@giplg.com. If you are interested in using NeoMedia’s services for your barcode initiatives, contact sales@neom.com.
http://www.cnbc.com/id/102061770
I'm sure she'll respond from Seattle right after cocktail hour
Laura Marriott ?@kanadawomaninus · 11h
"In the dilutative OTC industry a lot of people are giving away other people's money for free to support their own personal income" #mobileff
Diarch: One of our European breatheren was commenting on his newly purchased CLA that had the interior littered with QR codes...yet his NEOM shares most likely couldn't pay for an upgrade to metallic
I'm partying ways to another German fellow this fall...S7...would have liked to upgrade to the R, but I unfortunetly invested into a company run by Laura Marriot instead
Congrats on the new wheels
Regrettably most of our holdings could barely cover the cost of an iPhone 6 now...which coulda been an i8
Go Laura! You rock
This is the "who wants to file a 13 for 10grand" game
Any takers?
I think she just tweeted groundbreaking news...she will be ordering the iPhone 6 on the 19th
Time to buy for sure...one can pick up 75M right now for 15g's
That's the equivalent of over a billion shares pre split...pathetic
Angelo must have went with the Volante
http://www.gtspirit.com/wp-content/uploads/2013/09/Aston-Martin-Vanquish-Volante-12-640x426.jpg
Whoa.
I guess Angelo's new Vanquish is being delivered this weekend
Amended Statement of Beneficial Ownership (sc 13d/a)
No more SOON...officially
https://www.sec.gov/Archives/edgar/data/1022701/000119312514318798/d778458dsc13da.htm
SCHEDULE 13D/A
Under the Securities Exchange Act of 1934
(Amendment No. 2)*
NEOMEDIA TECHNOLOGIES, INC.
(Name of Issuer)
Common Stock, par value $0.001 per share
(Title of Class of Securities)
640505301
(CUSIP Number)
Global Grid, LLC
10182 Culver Boulevard
Culver City, California 90232
(310) 836-6400
(Name, Address and Telephone Number of Person Authorized to Receive Notices and Communications)
March 1, 2013
(Date of Event Which Requires Filing of this Statement)
If the filing person has previously filed a statement on Schedule 13G to report the acquisition that is the subject of this Schedule 13D, and is filing this schedule because of Rule 13d-1(e), 13d-1(f) or 13d-1(g), check the following box. ¨
Note. Schedules filed in paper format shall include a signed original and five copies of the schedule, including all exhibits. See Rule 13d-7 for other parties to whom copies are to be sent.
* The remainder of this cover page shall be filled out for a reporting person’s initial filing on this form with respect to the subject class of securities, and for any subsequent amendment containing information which would alter disclosures provided in a prior cover page.
The information required on the remainder of this cover page shall not be deemed to be “filed” for the purpose of Section 18 of the Securities Exchange Act of 1934 (“Act”) or otherwise subject to the liabilities of that section of the Act but shall be subject to all other provisions of the Act (however, see the Notes).
CUSIP No. 640505301 SCHEDULE 13D/A PAGE 2 OF 6 PAGES
1
NAME OF REPORTING PERSONS
I.R.S. IDENTIFICATION NOS. OF ABOVE PERSONS (ENTITIES ONLY)
Global Grid, LLC
2
CHECK THE APPROPRIATE BOX IF A MEMBER OF A GROUP*
(a) ¨ (b) x
3
SEC USE ONLY
4
SOURCE OF FUNDS*
OO (See Item 3)
5
CHECK BOX IF DISCLOSURE OF LEGAL PROCEEDINGS IS REQUIRED PURSUANT TO ITEMS 2(d) or 2(e) ¨
6
CITIZENSHIP OR PLACE OF ORGANIZATION
Delaware
NUMBER OF
SHARES
BENEFICIALLY
OWNED BY
EACH REPORTING
PERSON
WITH
7
SOLE VOTING POWER
None
8
SHARED VOTING POWER
None
9
SOLE DISPOSITIVE POWER
None
10
SHARED DISPOSITIVE POWER
None
11
AGGREGATE AMOUNT BENEFICIALLY OWNED BY EACH REPORTING PERSON
None
12
CHECK BOX IF THE AGGREGATE AMOUNT IN ROW (11) EXCLUDES CERTAIN SHARES* ¨
13
PERCENT OF CLASS REPRESENTED BY AMOUNT IN ROW (11)
0%
14
TYPE OF REPORTING PERSON*
OO
* See Instructions
CUSIP No. 640505301 SCHEDULE 13D/A PAGE 3 OF 6 PAGES
1
NAME OF REPORTING PERSONS
I.R.S. IDENTIFICATION NOS. OF ABOVE PERSONS (ENTITIES ONLY)
Dr. Patrick Soon-Shiong
2
CHECK THE APPROPRIATE BOX IF A MEMBER OF A GROUP*
(a) ¨ (b) x
3
SEC USE ONLY
4
SOURCE OF FUNDS*
OO (See Item 3)
5
CHECK BOX IF DISCLOSURE OF LEGAL PROCEEDINGS IS REQUIRED PURSUANT TO ITEMS 2(d) or 2(e) ¨
6
CITIZENSHIP OR PLACE OF ORGANIZATION
United States
NUMBER OF
SHARES
BENEFICIALLY
OWNED BY
EACH REPORTING
PERSON
WITH
7
SOLE VOTING POWER
None
8
SHARED VOTING POWER
None
9
SOLE DISPOSITIVE POWER
None
10
SHARED DISPOSITIVE POWER
None
11
AGGREGATE AMOUNT BENEFICIALLY OWNED BY EACH REPORTING PERSON
None
12
CHECK BOX IF THE AGGREGATE AMOUNT IN ROW (11) EXCLUDES CERTAIN SHARES* ¨
Not applicable
13
PERCENT OF CLASS REPRESENTED BY AMOUNT IN ROW (11)
0%
14
TYPE OF REPORTING PERSON*
IN
* See Instructions
CUSIP No. 640505301 SCHEDULE 13D/A PAGE 4 OF 6 PAGES
This Amendment No. 2 amends and supplements the Schedule 13D filed with the Securities and Exchange Commission (the “SEC”) on March 21, 2012, as amended by Amendment No. 1 thereto, filed with the SEC on November 2, 2012, by Global Grid, LLC (“Global Grid”) and Dr. Patrick Soon-Shiong with respect to the common stock, par value $0.001 per share (“Common Stock”), of NeoMedia Technologies, Inc., a Delaware corporation (the “Company”). Global Grid and Dr. Soon-Shiong are referred to collectively herein as the “Reporting Persons.” The filing of any amendment to this Schedule 13D (including the filing of this Amendment No. 2) shall not be construed to be an admission by the Reporting Persons that a material change has occurred in the facts set forth in this Schedule 13D or that such amendment is required under Rule 13d-2 of the Securities Exchange Act of 1934, as amended.
This Schedule 13D is hereby amended to include the following information: the Reporting Persons have become aware that, due to issuances of Common Stock by the Company between August 6, 2012 and March 1, 2013, Global Grid’s ownership of Common Stock was diluted to the point that it ceased to be a beneficial owner of more than 5% of the outstanding Common Stock as of March 1, 2013. Accordingly, this Amendment No. 2 will constitute the final amendment to this Schedule 13D and an exit filing for each of the Reporting Persons. Subsequent to March 1, 2013, the Reporting Persons disposed of all of the shares of Common Stock beneficially owned by them.
CUSIP No. 640505301 SCHEDULE 13D/A PAGE 5 OF 6 PAGES
SIGNATURE
After reasonable inquiry and to the best of the knowledge and belief of the undersigned, the information set forth in this statement is true, complete and correct.
Dated: August 22, 2014
GLOBAL GRID, LLC
By:
/s/ Charles N. Kenworthy
Its:
Manager
DR. PATRICK SOON-SHIONG
/s/ Dr. Patrick Soon-Shiong
CUSIP No. 640505301 SCHEDULE 13D/A PAGE 6 OF 6 PAGES
EXHIBIT INDEX
Exhibit
No.
Description of Exhibit
YES! I think we should expect a PR any year now
Wilma, I'd agree that it was done for a reason and the rational behind it may very well benefit Neomedia, the company.
I was looking at it through the lense of a common shareholder of Neomedia.
LM and the BOD have very purposely made there be a clear distinction between us and them.
They have spent plenty on legal expenses recently, it just appears all of the expense and all of the resources are being spent solely for the benefit of the company of Neomedia and their debtors...we as common shareholders are but an after thought, and with the reverse merger language we are barely even that.
You may be right that this has something to do with Scanbuy.
My frustration is we have the resources for all these legal expenses, but in their own words we don't have the resources for my vote and yours to be accounted for last Sept nor for our shares to be delivered properly after the latest RS
Notice to Shareholders, February 28, 2013
As we have discussed previously in our updates, DTC prescribed specific procedures for us to follow in order for DTC to make a determination whether the Deposit Chill can be removed, including submission of an acceptable legal opinion. As of February 25, 2013 we have not submitted the requisite information and thus the Chill remains in effect until such time as NeoMedia determines that it is appropriate to expend the significant resources to prepare the request for removal of the Chill. Shareholders may still trade our shares through full service brokers. We apologize for any inconvenience this may cause.
This statement is clearly false. It does not "only" impact the ability of shares to be traded electronically.
Notice to Shareholders, January 28, 2013
NeoMedia Technologies, remains current in all of the regulatory filings necessary to maintain trading of its stock in the market. The Depository Trust Corporation (DTC) ‘chill’ in effect on the Company’s stock only impacts the ability to trade shares electronically. While the stock is not trading electronically, it continues to be traded using traditional paper stock certificates. Please check with your current or other brokerage firm regarding their policy on paper stock certificates.
Person: Similiar to yours...patent news is irrelevant at this point other then to allow Angelo and the gang to unload some inventory
NeoMedia Technologies : Assigned Patent
ALEXANDRIA, Va., Aug. 13 -- NeoMedia Technologies, Boulder, Colorado, has been assigned a patent (8,805,728) developed by Frank C. Hudetz, Lisle, Illinois, and Peter R. Hudetz, Plainfield, Illinois, for a "system and method for using an ordinary article of commerce to access a remote computer."
The patent application was filed on Dec. 13, 2011 (13/323,931). The full-text of the patent can be found at
http://patft.uspto.gov/netacgi/nph-Parser?Sect1=PTO1&Sect2=HITOFF&d=PALL&p=1&u=%2Fnetahtml%2FPTO%2Fsrchnum.htm&r=1&f=G&l=50&s1=8,805,728.PN.&OS=PN/8,805,728&RS=PN/8,805,728
I think the connection here is the SEC in their investigation of YA may now be looking into individual holdings in their funds that the SEC believes where possibly carried at and held misrepresented valuations.
"modifications in the Company’s valuation methodology, deemed as accounting estimates by the Company, contained errors with respect to the valuation of convertible debentures issued by the Company, in that such methodology did not capture the debentures’ potentially dilutive effect upon their conversion into common stock"
So was Neomedia's valuation of the debentures done for YA's benefit as well?? The SEC does NOT want to lose this case with YA...I can imagine their looking under every stone.
The SEC is not going away for YA and it looks like neither side is giving in, this is the latest....looks like someone from inside their own camp was chirping...
http://blogs.wsj.com/riskandcompliance/2014/07/24/sec-turns-over-whistleblower-tip-to-defense-attorneys/
8k filed
Item 4.02. Non-Reliance on Previously Issued Financial Statements or a Related Audit Report onr Completed Interim Review.
On July 16, 2014, in connection with previous comments and responses between them, NeoMedia Technologies, Inc., a Delaware corporation (the “Company”), received a correspondence from the U.S. Securities and Exchange Commission (the “SEC”), requesting that (i) the Company restate certain of its financial statements by filing amendments to the reports containing such financials, and (ii) the Company file a Current Report on Form 8-K to report non-reliance on such financials. As such, the Company is filing this Current Report on Form 8-K (the “8-K”) to report that the Company’s previously issued audited financial statements as of and for the year ended December 31, 2013, as presented in the Company’s Annual Report on Form 10-K for such period (the “Form 10-K”), as well as the financial statements issued in the Company’s Quarterly Report on Form 10-Q for the period ending March 31, 2014 (the “Form 10-Q”), should no longer be relied upon (all of such financial statements are collectively referred to herein as the “Financial Statements”). The Company’s management has discussed with the Company’s independent auditor the matters disclosed in this 8-K.
In its correspondence, the SEC asserted that certain modifications in the Company’s valuation methodology, deemed as accounting estimates by the Company, contained errors with respect to the valuation of convertible debentures issued by the Company, in that such methodology did not capture the debentures’ potentially dilutive effect upon their conversion into common stock. The operational performance of the Company will remain unchanged.
The Company intends to file an amended Form 10-K and an amended Form 10-Q that will contain restated Financial Statements revised pursuant to the SEC’s comments.
2
SIGNATURE
Pursuant to the requirements of the Securities Exchange Act of 1934, as amended, the Company has duly caused this report to be signed on its behalf by the undersigned hereunto duly authorized.
https://www.sec.gov/Archives/edgar/data/1022701/000114420414045447/v384999_8k.htm