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I thought the same thing ...
... ridiculous for nearly every filing to have a follow-up filing with an "/A" after it.
Maybe he does think it's private. Certainly there hasn't been a single thing done that actually grew shareholder value ... at least not if shareholder value equates to a growing share price. He does know that IS how things are supposed to work with a public company , right? Spend tens of millions of dollars on things that will actually increase the share price , right?
Instead , diluting the stock more every year, selling pieces of the company to keep paying the salaries and buying the toys so folks can play at being in the oil business.
These aren't even opinions , they're just facts.
By the way , when does the Russell thing take place? I have had no time to even look again , nor to even speculate on what the PPS will do when a million+ shares held by Russell-related funds need to find a quick home. I guess they'll work another deal with a short or shorts and another million shares will get covered without any corresponding rise in share price.
jonesie
Would that be anything like the 'quiet period' ...
... Neomedia was in before they entered into the stock-price-killing SuperCompany debacle replete with Chas Fritz pocketing millions of dollars while he handed over the keys to the company to YAGI?
Geez , one would hope not lol.
Every time Neomedia goes silent for a while , the magical anticipatory 'quiet period' phrase gets thrown out there.
And every time but that one horrible instance it has turned out not to be a quiet period ... just a period of nothing substantive going on at Neomedia.
jonesie
Just in case you didn't see this post I am replying to, B.E. ...
...June 1 could be an informative day regarding Yorkville Advisors' tendencies and how those tendencies might apply to NEOM.
jonesie
B.E., re: foreclosing on assets ...
... we may get to see a recent example of what YAGI (NEOM's financier) does when time runs out on a forbearance period. MOBL, another YAGI client / Tobin Smith Pump Stock, finds itself with potentially a matter of days before finding out whether YAGI thinks they can make more money keeping MOBL public ... or yanking the assets/IP.
"Form 8-K for MOBILEPRO CORP
5-May-2009
Entry into a Material Definitive Agreement, Financial Statements and Exhibits
Item 1.01 Entry into a Material Definitive Agreement.
On May 5, 2009, the Registrant ("Mobilepro") executed a Forbearance Agreement with YA Global Investments, L.P. f/k/a Cornell Capital Partners, L.P. ("YA Global") pursuant to which YA Global has agreed to forbear for a period ending June 1, 2009 (the "Forbearance Period") from enforcing its rights and remedies against the Registrant and its subsidiaries under the Secured Convertible Debenture and related agreements dated June 30, 2008 in the original principal amount of $13,391,175 (the "Debenture"). The maturity date of the Debenture was May 1, 2009 at which time the amount outstanding was approximately $13.15 million.
During the Forbearance Period, YA Global and the Registrant have agreed to discuss and consider a plan to repay or restructure the Debenture. The Debenture continues to carry an interest rate of twelve percent (12%) during the Forbearance Period. Although the Registrant intends to work diligently with YA Global during the Forbearance Period, there is no guarantee that the parties will reach a mutually agreeable repayment or restructuring plan. In the event the parties are unable to reach a mutually agreeable repayment or restructuring plan, YA Global could potentially exercise its rights as the company's senior secured creditor which include, but are not limited to, foreclosing on the assets of the Company. In such event the Registrant may not have the ability to continue as a going concern."
Quite a while ago.
I ran out of time for keeping up with all of the losses suffered by shareholders in YAGI clients. I doubt the trend has changed.
rickyaces, lesnshawn
I've always been impartial as everyone here knows , with a tendency towards viewing Neomedia through dark (not rosy) glasses because of their past and continued non-performance , the self-enriching of execs going all the way back through Chas' cashing out while pumping the company and the current continuation of self-enrichment , their incredibly horrible business decisions which killed our share value and put hundreds of millions of shares in other entities' pockets , and their choice of financier. I researched, analyzed and posted huge amounts of data on NEOM , its SEC filings and its financier for what turned into years , even when that data illustrated exactly why NEOM would most likely hit .001.
In other words , I did not 'post to my position' as facts are facts regardless of whether anyone owns stock or not or at what price they bought in , so your 'trust' is well placed.
There's no way to know for sure but judging from YAGI's history with other clients YAGI will 'finance' NEOM as long as they think there's a buck in it for them and they will let NEOM stay public (i.e. , not default NEOM and yank the rug out from under common shareholders) as long as YAGI can continue to sell shares on the open market at a profit and until if/when YAGI receives a buy offer which is more profitable than selling shares. At that point in time I believe YAGI will exercise every last one of their myriad rights and show once and for all just how much of the company they own and how little they will leave to common shareholders to divvy up.
That's what I think will happen with their financing , or indentured servitude , whatever it is called lol.
As to buying back in or not that is certainly an option based on the right situation and right price. In spite of recent PRs , USPTO 'news' and claims to the contrary ... IMHO it hasn't gotten 'right' yet.
JMHO
jonesie
"That suggests to me that there are no current "instruments" in place that YA can exercise which would dilute the O/S further."
It suggests to me a typo which will be corrected in a 10-Q/A lol. Let's see.
IMO there is little chance that YAGI discarded its rights to potentially hundreds of millions if not billions of shares deriving from convertible preferred and warrants which it has consistently accumulated over the years.
"So, why do you suppose the massive reduction (besides share price)?"
There's no need to suppose anything besides share price. As I clearly showed , the change in the share price YOY accounts for the majority of the change in the Fully Diluted Share count YOY.
I was pleased with mine as well. Exiting at .03x has made me very happy. I seldom post because I have no dog in this hunt any more and I've enjoyed using the time elsewhere. But when I happened to see your comments in areas I spent a lot of time and effort on in the past , I thought I'd take a moment to explain what happened.
Best of luck and best regards Shawn.
jonesie
lesnshawn , some of the actual facts behind the decrease ....
Date Open High Low Close Volume Adj
Close
2008/03/31 0.0075 0.0080 0.0075 0.0080 425,600 0.0080
2009/03/31 0.037 0.045 0.030 0.036 33,135,907 0.036
clamann. I'm sure your interpretation is correct.
LOL, my only point was regarding the attribution of 'sanity' to NeoMedia, with sanity being defined as sound business methodologies with shareholder interests being paramount.
jonesie
"No one in their right mind releases someone else from all liability that may arise from future acts. No one. No one. No one."
Isn't this company going by the same name as it was when supposedly sane managers issued floorless contracts to buy other companies? Didn't we think they were crazy? But they did it anyway.
Just sayin'
jonesie
"2008 is history. Dilution has stopped."
Except for that 30%+ dilution in 2009? Kinda like 2008? What stopped?
Just askin'
jonesie
5 STAR POST B.E.
It actually addresses the facts in the filings in the cold hard light of day. Facts don't 'sound negative', facts are facts.
YA isn't in the habit of 'giving up things' as has been speculated, like rights to convert at profitable ratios, rights to the IP, etc.
They take and take and take.
JMO
jonesie
More Russell stuff:
During annual reconstitution, the last price traded on the last trading day in May on the primary exchange is used to determine market capitalization.
2009 reconstitution
The 2009 Reconstitution of the Russell Indexes will take place after the market close on June 26, 2009.
June 12 Preliminary additions and deletions to the Russell Global Index, Russell 3000® and Russell Microcap® published
June 19 and 26 Updates to the list of additions and deletions
June 26 Reconstitution final after the close of the U.S. markets
June 29 Final membership lists posted for the Russell Global Index, Russell 3000®, Russell 1000®, Russell 2000®, Russell Midcap® and the Russell Microcap® indexes
http://www.russell.com/indexes/membership/Reconstitution/default.asp
Russell tidbits for 2009:
http://www.russell.com/indexes/documents/Methodology.pdf
Minimum closing price
Stocks must have a close price at or above $1.00 (on their primary exchange) on the last trading day in May to
be considered eligible for inclusion. In order to reduce unnecessary turnover, if an existing member's closing price is less than $1.00 on the last day of may, it will be considered eligible if the average of the daily closing prices (from their primary exchange) during the month of May is equal to or greater than $1.00. Nonetheless, a stock's close price (on its primary exchange) on the last trading day in May will be used to calculate market capitalization and index membership. Quarterly IPO additions must have a close price at or above $1.00 on the last day of their eligibility period in order to qualify for index inclusion.
Primary exchange pricing
If a stock, new or existing, does not have a close price at or above $1.00 (on its primary exchange) on the last trading day in May, but does have a close price at or above $1.00 on another major U.S. exchange, the stock will be eligible for inclusion but the lowest price from a non-primary exchange will be used to calculate market capitalization and index membership.
Minimum total market capitalization
Companies with a total market capitalization less than $30 Million are not eligible for the Russell Indexes.
Russell coming up in a couple of months
I wonder if the Russell has crumbled enough for a TIV PPS of around a buck to keep it in? Wouldn't think so. That's going to be a chunk of shares selling before too long. Of course, some shorts will use that action to buy shares to cover and go ahead and lock in their gains.
Last year: The 2008 reconstitution of the Russell Indexes took place after the market close on June 27, 2008.
=================================================
Key Dates in 2008
"On the last trading day in May ( this year May 30 ,2008 ), all eligible securities globally are ranked by their total market capitalization."
June 13 Preliminary additions and deletions to the Russell Global Index and the Russell 3000® published
June 20 Updates to the list of additions and deletions
June 27 Updates to the list of additions and deletions
June 27 Reconstitution final after the close of the U.S. markets
June 30 Final membership lists posted for the Russell Global Index, Russell 3000®, Russell 1000®,
Russell 2000®, Russell Midcap® and the Russell Microcap® indexes
Wow, "Going Concern" language indeed
"Ability to Operate as a Going Concern - If we are unable to obtain additional funding our business operations will be harmed.
Like many other companies coping with the unexpected and sudden global economic “meltdown”, Tri-Valley has experienced substantial changes in its capital and inflows of capital beginning in the fourth quarter of 2008 and extending into the first quarter of 2009.
In addition to its current dependency on capital formation for operating and general and administrative expenses for fiscal 2009, Tri-Valley has several projects underway that will require capital for leasing and lease maintenance and repairs.
A primary source for this capital has been investors in the TVOG Opus I Drilling Program LP. Although we have always been successful in the past at attracting sufficient capital, we do not know – particularly in the current economic climate – if additional financing will be available when needed, or, if it is available, if it will be available on acceptable terms. Insufficient funds may prevent or limit us from implementing our business strategy.
We had a cash balance of $2.0 million as of December 31, 2008, which has subsequently decreased. Current liabilities as of December 31, 2008 were $5.15 million which has subsequently increased. In light of this and other factors, our independent accountant has included a going concern qualification in its report on our financial statements for the year ended December 31, 2008, noting that our ability to continue as a going concern is dependent on additional sources of capital and the success of our business strategy. See Note 14 to our audited
financial statements for the years ended December 31, 2008."
http://www.sec.gov/Archives/edgar/data/22551/000116267709000074/tv10k08.htm
yes aztreedoc, 'we' were aware of that ...
... but I guess some new folks here might not be. Some interesting commentary about NeoMedia Europe AG and what is said about it and about NeoMedia Legal Info to be found here:
http://investorshub.advfn.com/boards/read_msg.aspx?message_id=35624739
That post dates back to mid-Feb.
Also here:
http://neom.com/legal.php
Unless the website has been changed , NeoMedia "headquarters" in the U.S. isn't even mentioned in that Legal Info section.
jonesie
"Jonsie: you are right, we should remember how they got the shares. Your point being that they were given away by Neom as part of Neom's deals to unwind the Copus (what a putz) transactions."
I wonder how closely Blue Run, Argo and Apax are managing this particular 'asset' of theirs? They rode the asset down from around .36/share to .001. Didn't one such accidental and passive acquirer of NEOM shares sell enough of its stake to not have to report the stake any more?
I guess I'd derive even greater comfort if Nokia held some shares directly. According to a quote I copied below from another Nokia/Obopay article ... when Nokia wants a 'close collaboration' with a company they don't use Blue Run Ventures.
"The investment is coming from the Finnish cell phone maker's corporate funds, not its venture arms, because Nokia wants a close collaboration with Obopay, said Olivier Cognet, a business-development executive at Nokia."
http://www.dailypress.com/sns-ap-tec-techbit-nokia-mobile-payments,0,6879442.story
So much for Nokia being all tight with NEOM? Or maybe it's just hush-hush because surely if anybody actually knew any facts about who NeoMedia 'might' actually be working with 'behind the scenes' (like they have ALWAYS been doing over the years , right? LOL) something terrible would happen to the entire business plan , something awful like ... like ... like ... well , gee ... what bad thing WOULD happen if NeoMedia management actually told us something meaningful and clear about all these 'behind-the-scenes' deals they're supposed to be working on?
Nokia nor Obopay seems bashful about letting everybody know that Nokia is moving into mobile payments in a bigger way. Shoot , if Nokia was as interested in NEOM as is implied so often ... Nokia might have forked over $5MM , which a few short weeks ago would have been 4 times NEOM's market cap.
Just a thought.
jonesie
"“In a short time, Obopay has clearly demonstrated their ability to execute, bringing a product to market that has garnered widespread adoption and that has defined the emerging landscape of mobile payment services.” said Jamie Kiggen, Senior Vice President at AllianceBernstein."
There's the key. Execute, bring a product to market, garner widespread adoption.
Is anyone going to tell whizknock ...
... how these companies came to own those shares? BlueRun, Argo and Apax? Lots of people here know how they got them, I mean it's not like they originally bought NEOM shares, right?
I just think if there's going to be "hmmmmm'ing" about these things, folks who have been around a while could tell him the rest of the story. I don't have the time, but judging by the numbers of posts, obviously some do.
Just sayin'.
jonesie
You get it krays ...
... excellent post.
jonesie
"we are still quite a distance from any reasonable dialogue on this"
Precisely right.
" if the price spiked to $5, you will only have to wait 30 days"
Link to substantiation please. I'd love to see it, although I won't lose sleep if I don't.
"Neom can decide to change boards. The requirements are different on different boards"
I addressed clawmann's use of the Naz in his example with my info on the Naz. I suppose NEOM could go to the AMEX or some other board where requirements are "different" but as you say and as was my original point ... "we are still quite a distance from any reasonable dialogue on this".
jonesie
Before I know whether or not I'll be in attendance ...
... I might actually need a date LOL. 'may or june' added to NEOM's history of changing/delaying things doesn't quite allow for scheduling and we're well into vacation season at that time.
All things cooperating, I would love to attend a NeoMedia ASM here in Atlanta, it would be a simple matter to do so. Hopefully some people whose opinions I respect will also attend.
jonesie
Clawmann, I think everyone understands now ...
... and I'm glad to have been able to help clarify. I'm glad to see you agree (and I'm sure you always knew) that a PPS alone will not get NEOM listed on the Naz. It will take considerable revenues for some period of time, certainly over a year and possibly as long as two or three years, before that can happen. As per the Naz regs.
And since my quote from investopedia didn't include anything about an R/S I imagine it's clear that those conditions apply with or without a R/S. If the NEOM price were to jump to $5+ tomorrow and stay there, without a R/S but based on something huge (not likely) we would still have to wait a year(s?) for there to be any talk about the Naz.
That was my sole point. Talk of a Naz listing is very ... very ... premature.
Best regards,
jonesie
What the other poster ...
... was talking about was an ASM "Annual Shareholders Meeting" which would most likely be held at or near NEOM HQ in Atlanta , not a quarterly conference call. I read the news about the CC as did everyone else.
jonesieY'allHaveAGoodDayAndGetThatPPSUp
JP
And it was that comment (which clearly I read since I was responding in that thread) that I showed to be anything but "precisely right" as you stated.
Actual share price is but one part of getting on the Nasdaq so why talk about a R/S-induced higher share price putting NEOM there "all of a sudden"? As I pointed out and substantiated , it takes several other things some of which have to take place over years to put a stock on the Nasdaq.
Therefore it might be more accurate to leave that particular hopeful dot out of the picture for the time being. The Nasdaq isn't in the picture for quite some time. Moreover , if it is ever in the picture , and if all the rosy prognostications of share prices in the dimes and quarters being just around the corner come to pass ... any R/S that might help get us there would take place at a share price much higher than a dime ... right? ;)
Has there been a shareholders' meeting announced? I guess that must be one of the items I missed over the last few days? Lest you think I haven't been paying attention , I do know that last October NEOM said "We are also in the planning stages for our annual meeting of shareholders which will be held in May or June of 2009". I wonder if they even remember saying that? lol HAS there been further mention of it , other than in a passing over-the-departing-shoulder comment to Bena after cocktails with YAGI, like "oh , and tell the shareholders we'll have a meeting soon!"?
jonesie
Been mostly out drmyke
Spent the majority of the last two days in a hospital ICU with a family member. Now that survival is assured I can for a moment enjoy seeing a significant dollar amount attached to my NEOM holdings LOL.
Will certainly never catch up on all the posts and can't even try ... but did I miss something Mike, other than the PPS movement itself? (Which, at the end of the day, is all I or most others really care about lol). I do see we're going to have a conference call, and I see a lot of posts about NEOM on the momo traders boards. Both are good ;)
jonesie
I'm afraid it's not precisely right ...
... nor even plain old right.
A high R/S induced share price won't get a company on the Nasdaq "All of a sudden". The requirements include multiple years of meeting certain thresholds related to revenues and/or earnings as can be seen below.
(That having been said , it's certainly nice to see NEOM at a penny and a half. I hope a lot of momo players keep piling in. What we need now is some serious irrational exuberance, or maybe even some revenues!)
http://www.investopedia.com/ask/answers/121.asp
What are the listing requirements for the Nasdaq?
Major stock exchanges like the Nasdaq are exclusive clubs - their reputations rest on the companies they trade. As such, the Nasdaq won't allow just any company to be traded on their exchanges. They only want the cream of the crop - companies with a solid history and top-notch management behind them.
The Nasdaq has three sets of listing requirements. The company must meet at least one of the three requirement sets, as well as the main rules for all companies.
Listing Requirements for All Companies
Each company must have a minimum of 1,250,000 publicly-traded shares upon listing, excluding those held by officers, directors or any beneficial owners of more then 10% of the company. In addition, the minimum bid price at time of listing must be greater than $5, and there must be at least 3 market makers for the stock. Each listing firm is also required to follow Nasdaq Corporate Governance rules 4350, 4351 and 4360. Companies must also have at least 450 round lot (100 shares) shareholders, 2,200 total shareholders, or 550 total shareholders with 1.1 million average trading volume over the past 12 months.
In addition to these requirements, companies must meet all of the criteria under at least one of the following standards.
Listing Standard 1
The company must have aggregate pre-tax earnings in the prior 3 years of >= $11 million, in the prior 2 years >= $2.2 million, and no one year in the prior 3 years can have a net loss.
Listing Standard 2
The company must have a minimum aggregate cash flow >= $27.5 million for the past 3 fiscal years, with no negative cash flow in any of the 3 years. In addition, its average market capitalization over the prior 12 months must be >= $550 million, and revenues in the previous fiscal year must be >= $110 million.
Listing Standard 3
Companies can be removed from the cash flow requirement of Standard 2 if the average market capitalization over the past 12 months is >= $850 million, and revenues over the prior fiscal year are >=$90 million.
A company has three ways to get listed on the Nasdaq depending on the underlying fundamentals of the company. If a company does not meet certain criteria such as the operating income minimum, it has to make it up with larger minimum amounts in another area like revenue. This helps to improve the quality of companies listed on the exchange.
It doesn't end there: after a company gets listed on the market, it must maintain certain standards to continue trading. Failure to meet the specifications set out by the stock exchange will result in its delisting. Falling below the minimum required share price, or market capitalization, is one of the major factors triggering a delisting. Again, the exact details of delisting depend on the exchange.
DOGGR OPI SITE SHOWING NOVEMBER & DECEMBER PRODUCTION ...
Are we seeing an overall downtrend in production since June?
2008 better than 2007 of course ... but what did it cost to get that additional production? Is it sustainable? Profitable?
"I just wanted to know the name of the compnay(sic)"
Well now you know.
"you keep bring up on the board" Just to be accurate , you brought it up yesterday by asking me questions about a post I made to zozo on March 8 in a thread that had essentially ended on March 9.
"the company you were personally involved with"
I wasn't personally involved with it in any way. The company came to light by virtue of being a YAGI client and having had an event happen to it , at the hands of YAGI , Neomedia's financier , which was ultimately destructive to shareholders' asset value as YAGI removed IP from the shareholders who thought they owned it and assigned it to another company for some new debentures.
"I don't know that I read the research on that case"
I don't know if you read it either beam , all I know is you were commenting in a thread on that subject back in Jan. '08 , as I said:
http://investorshub.advfn.com/boards/read_msg.aspx?message_id=25870880
"What is the f/k/a after CC? Is that the same as also known as?"
No , because they weren't known as YA and CC at the same time , a/k/a would not apply. f/k/a means formerly known as when it appears in SEC filings , etc.
Have a good one!
jonesie
LOL beam, that's quite a list of things ...
... you want someone else to do. Especially since we already went through this exact same Q&A in January of 2008.
"Please list the companies...." Yorkville Advisors f/k/a Cornell Capital (Neomedia's financier) & NXNO & TTGL.
Not much time to go through this again, and certainly no time to be a research assistant, because all of this is publicly available information ... but here are your starting points. There is enough verbiage in there to enable you to use:
http://searchwww.sec.gov/EDGARFSClient/jsp/EDGAR_MainAccess.jsp
and find whatever you want to know about this scenario which illustrates what Neomedia's financier, Yorkville Advisors f/k/a Cornell Capital, can do with the IP of a client like Neomedia if they so choose in a default situation.
http://investorshub.advfn.com/boards/read_msg.aspx?message_id=25833689
http://investorshub.advfn.com/boards/read_msg.aspx?message_id=25858180
http://investorshub.advfn.com/boards/read_msg.aspx?message_id=25858858
"I would also like to know when all this occurred, early 2000, 1990's or 1980's...."
It took place in late 2007: http://investorshub.advfn.com/boards/read_msg.aspx?message_id=24792822 The SEC filings speaking to it referenced events which took place in late 2007/early 2008 as I recall.
"I would also like to know if ....."
Here's where your expertise may come into its own. I've laid out enough that I could quickly find for you to dig in and answer your own final questions.
And ... as I've said before ... I'm not saying this is what is going to happen to NEOM ... I've simply responded to those who say it can't happen to NEOM at the hands of YAGI .... that it has happened to at least one other company I ran across at the hands of YAGI, Neomedia's financier.
jonesie
"I would look at the financials for evidence of licensing revenues"
Always the best idea.
jonesie
NYT front page in 4/07
Yep , NEOM bumped up from where it was trading at 5 cents to 7 cents ... for a few days , then came back down. At least according to Yahoo Historical closes , which might not be accurate. 40% temporary gain. That would get us to .007 now.
That is a very nice pitch by Iain.
Well written , to the point , he punched it up nicely IMO.
Ok Iain , we know you 'get it'. Thank goodness , you're the CEO , so you should get it.
Now show us one good revenue generating deal.
Will there be one visible in the 10-K?
Are there signed deals behind the scenes in a 'quiet period' reminiscent of a few years ago? (When the gags finally came off , we discovered our shareholder value was the punchline of the 'quiet period' gag lol.)
Or does no visible deals still mean ... no deals , just like the last time "NDA's" was the buzzword excuse?
Show us the money Iain. Measurability is king. Let's see some who , how , where and why. These are lean times for revenue-less penny stocks. OTCBB stock players have fewer resources to devote to buying penny stocks , and simultaneously shareholders are placing a higher premium on both their time and money. The result? OTCBB-traded toxicly diluted companies must get smarter about when they execute a business plan.
“Show me the money!” is no longer a question that NEOM should fear. For forward-thinking execs eager to take handsome compensation packages , answering the question is as easy as closing one measurable revenue-generating deal.
jonesie
"print ads cost $5K/per thousand impressions"
???
"Why is the NYT print CPM $144 while TechCrunch is $15-40?
Published May 13, 2008 online advertising
Scott Karp has an interesting post on Local/National Advertising in Newspapers here. In it, he writes:
If you do the math, the cost of 1 page, or 126 column inches at the National Weekday rate of $1,233 is $155,358, to reach 1,077,256 weekday subscribers. That works out to a cost per thousand (CPM) of $144.
http://continuousbeta.wordpress.com/2008/05/13/scott-karp-why-is-the-nyt-print-cpm-144-while-techcrunch-is-15-40/
Where does your CPM of $5,000 derive from YJ? That would be some pretty expensive advertising.
jonesie
"There wasn't any massive short covering rally"
You're right , and there most likely never will be.
REG SHO Threshold explained for anyone interested ... and with NEOM-specific numbers provided afterwards.
"A Threshold Security is defined by Rule 203(c)(6) of the SEC's Regulation SHO as any equity security of an issuer that is registered under Section 12, or that is required to file reports pursuant to Section 15(d) of the Exchange Act where for five consecutive settlement days: (1) there are aggregate fails to deliver at a registered clearing agency of 10,000 shares or more per security; (2) the level of fails is equal to at least one-half of one percent of the issuer's total shares outstanding; and (3) the security is included on a list published by a self regulatory organization.
Reg SHO is designed to fulfill several objectives, including: (a) the establishment of uniform locate and delivery requirements in order to address problems associated with failures to deliver, and (b) the creation of uniform marking requirements for sales of all equity securities."
http://www.nyse.com/regulation/nyse/Threshold_Securities.shtml?date=20090310
So , NEOM's O/S is nominally 1.30B , for the sake of this exercise I'll assume that it is exactly that.
To get on the SHO list NEOM would have to have FTD's for 5 consecutive trading days and show a total short interest of at least 1/2 of 1 percent of 1.3B or .... 6,500,000 shares.
That's all , just 6.5M shares.
Today there could be 6.499999999999999999M shares short and NEOM is off the Reg SHO threshold list.
Tomorrow a few shares shares get shorted and NEOM is on the Reg SHO list.
Thursday a few shares get covered and NEOM is off the Reg SHO list.
The total short interest required to put NEOM on the Reg SHO threshold list is less than half of one day's average trading volume over the last few months. The change in short interest required to take NEOM on or off the list could be as few as 100 shares.
Whether or not that means some offshore company is or isn't shorting NEOM is anybody's guess ... but it ain't takin' a whole lot of shortin' & coverin' to flip little NEOM on and off that list LOL.
jonesie
JP ...
I was not miscontruing anything at all and you should stop saying that I am. Quoting what's in the filings is not miscontruing, and the words in the filings are not "jargon" as you say, they are not boilerplate, they are specific to NEOM's situation. If you would like to intelligently debate this further please feel free to do so.
The posts you copied to lesnshawn have some fact in them, but they also have a lot of "ifs" and "assuming"s and hopes in them. And with all due respect clawmann, this in one of the posts JP quoted is simply not the way YA has actually gone through this process with other of their clients:
"Look, YA holds a security interest in the patents. Those patents secure the DEBT owed by Neom to YA (not the warrants or the conversion rights), the DEBT. If YA foreclosed on its security it could not just keep the patents. YA would be required by law to sell them in a manner that could be defended as being reasonably intended to maximize the sale price. Out of the proceeds, they satisfy the DEBT. The rest goes back to Neom.
So how much is the amount of the DEBT?
Think about it. Right now YA makes a lot more if Neom succeeds:
Stock obtained from the exercise of warrants and conversion rights PLUS debt re-payment."
I'll be glad to discuss this further, later, I have a busy day ahead of me. Or if you would like to agree that there are two differing opinions on this subject and several possible outcomes other than the best ones for shareholders which we all hope will prevail, as opposed to simply attacking my opinion which is almost always backed with facts ... feel free to do so.
jonesie
DOGGR FTP SITE ...
The last production shown there is for November 2008.
December numbers were officially due at the end of February.
10-K due when?
Anybody have the energy to go through that looking for the facts now that TIV is a one buck stock?
Looks like all TIV employees' options are underwater except for Lynn's (and one other person's?) 50 cent cheapie options. Gamble's warrants/options are certainly underwater. Man he is down some BIG bucks at this point in time. He should have waited to buy his , oh , how did Lynn put it , 'controlling' interest in TIV? I guess TIV would have run out of money if he had waited though.
jonesie
DOGGR OPI SITE ...
... it's been over a month since TIV gave DOGGR info for updating the OPI site. The last production shown there is for October 2008.
TIV is obviously running late again , November numbers were officially due at the end of January.
jonesie
TVDirector , good post.
You obviously get it.
jonesie