DNAprint Genomics (DNAG)

[worktoplay]

I'm confused about something. This from the Dutchess Agreement, Section 3(C) on page 8 of the agreement:

http://www.sec.gov/Archives/edgar/data/1127354/000114420404015688/v07224_ex10-49.txt

(C) SECTION 9 OF THE 1934 ACT. During the term of this Agreement, the Investor will comply with the provisions of Section 9 of the 1934 Act, and the rules promulgated thereunder, with respect to transactions involving the Common Stock. The Investor agrees not to short, either directly or indirectly through its affiliates, principals or advisors, the Company's common stock during the term of this Agreement.

This from the most recent 10K:

http://www.sec.gov/Archives/edgar/data/1127354/000123174206000203/dnag10ksb.htm

DUTCHESS MAY SHORT SELL OUR STOCK DURING THE PERIODS WE ISSUE A PUT WHICH MAY CAUSE OUR STOCK PRICE TO DECREASE.

Pursuant to the Investment Agreement, Dutchess has the right to short sell the amount of stock we expect to issue to them during the period we issue a put. If Dutchess actually sells our stock short, our stock price may decrease. If our stock price decreases, you may lose some or all of your investment.

So which is it? And if the second scenario is true, when was the change made and why weren't the shareholders made aware of it?

Later,
W2P