Sunday, July 17, 2016 9:53:34 AM
If the BOD are not all buying shares on a fixed basis, on the open market, then maybe that or other reasons can be used to ask if they are aligning themselves with all TRUE shareholders. I still find it of interest that a court can order a company to produce NOBO shareholder list AND if you read my last post ==> Peregrine Pharmaceuticals transfer agent = Broadridge did say that they can produce it as well (but at a certain $$ cost..) Maybe it is time to force disclosure of as many shareholders as possible, before an offer is presented.
CP made this point on several posts in the back: If someone makes a tender offer/partnership..etc they can afford to do so at a higher price than the competition IF they own 30/40/50 % of the company and I think it should be started now to find out if any of the many shareholders have past associations in other Big Pharma/biotech deals ...etc...etc... and if so ==> that may lay the grounds for these many shareholders to be counted as ONE group. Think about it, read it and think of ALL the puzzle pieces surrounding Peregrine. We were already informed there were a rather HIGH retail investors ( about 5,000 ) and I think its time we see a list of shareholders and that is a great asset to have and know who is investing. If we see a bunch of Roche family member names.... for example: that changes this game for good.
What would happen to PPHM pps if it was disclosed that such group owns 30/40/50%+ of the company already ???
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Nevada State Court Orders Omega Protein To Produce NOBO Shareholder List By 3PM PT On Thursday, June 16, 2016
Omega has Intentionally Withheld NOBO List from Wynnefield, Impeding Wynnefield's Ability to Communicate with and Solicit Fellow Stockholders
Omega's Obstructionist Tactics Amplify Corporate Governance Failures and Efforts to Do Everything Possible to Impede the Election of Michael Christodolou, Superior Nominee to Current Director Gary Ermers
Wynnefield Urges Omega to Allow True Owners of the Company to Focus on the Threshold Question at Hand: Which Candidate Can Improve the Quality of the Board and Best Serve the Interests of all Stockholders
Wynnefield Reiterates: It Will NOT Seek Reimbursement of Proxy Expenses
NEW YORK, June 14, 2016 /PRNewswire/ -- Wynnefield Capital and its affiliates (collectively "Wynnefield"), longstanding stockholders of Omega Protein Corporation (NYSE: OME) ("Omega or the "Company"), with a 7.9% beneficial ownership interest, today reported that a Nevada State Court judge has ruled that Omega must produce its non-objecting beneficial owners ("NOBO") list to Wynnefield by 3 PM Pacific time on June 16, 2016. Omega had previously refused to turn over the NOBO list to Wynnefield, even though Omega has been corresponding with and soliciting stockholders from the very same list for several weeks now.
As noted in Wynnefield's complaint, because a large percentage of Omega's shares are likely held by nominal holders, the NOBO materials are necessary to discover the names and addresses of certain beneficial owners of the shares. Wynnefield believes the NOBO list that was withheld from Wynnefield contains approximately 4,300 records of Omega shareholders.
Nelson Obus, President of Wynnefield, said, "We are pleased that the Nevada State Court has directed Omega to do that which they should have done in the first place. The fact that Omega intentionally withheld the NOBO list from us is an unabashed affront to shareholder rights and proper corporate governance. Omega's attempts to impede the election of Michael Christodolou, along with its low-road campaign of distortion and rhetoric, reflect the actions of a Board that is doing everything it can to distract stockholders from the critical issues confronting them.
"Omega's latest false assertion that the Nevada State Court denied Wynnefield the 'vast majority' of information we had sought is yet another example of misleading statements coming from the Omega Board. Indeed, the NOBO list that Omega refused to turn over is the most crucial piece of stockholder information needed to run a fully effective campaign and any suggestion otherwise is an outright falsehood. Without such normal course information, Wynnefield could not contact Omega's full stockholder base, and therefore, could not run a fully effective proxy campaign. Clearly, Wynnefield's lawsuit was not 'frivolous,' as trumpeted by Omega.
"We urge Omega to simply allow the true owners of the Company to focus on the threshold question at hand: between Michael Christodolou and Gary Ermers, which candidate has the superior mix of public company board experience, industry expertise, independent perspective and business judgement to serve the best interests of all Omega stockholders?
"A detailed comparison of qualifications and performance demonstrates quite clearly that Michael Christodolou is a superior candidate to Gary Ermers based on his extensive experience and strong track record (See Exhibit A.) Mr. Ermers was appointed to Omega's Board in 2014 on the recommendation of his good friend and neighbor, David Owen, the Chair of Omega's Governance Committee, meaning that this year's Annual Meeting will be the first time Mr. Ermers will face Omega stockholders. Mr. Ermers has no prior public company board experience, helped fuel the Company's disastrous foray into the Human Nutrition business and seemingly either endorses the Company's corporate governance failures or is afraid to object to them.
"Since being appointed in 2014, Gary Ermers has NEVER bought a share of stock and he has NEVER elected to take a single dollar of Director compensation in stock, even though the Company's Incentive Plan allows for it. How can stockholders place their trust and investment in a Director who doesn't feel strongly enough about the value of the Company to invest in the company's common stock and align his interests with stockholders?
Wynnefield today corrected another Omega distortion by reiterating a point that is already stated in Wynnefield's definitive proxy statement filed with the SEC:
"The entire expense of preparing, assembling, printing, and mailing this proxy statement and related materials and the cost of soliciting proxies will be borne by the Wynnefield Group…"
"The Wynnefield Group will NOT seek reimbursement from the Company for those expenses incurred by us in connection with this proxy solicitation of our Nominees that are elected." (Emphasis added.)
http://www.prnewswire.com/news-releases/nevada-state-court-orders-omega-protein-to-produce-nobo-shareholder-list-by-3pm-pt-on-thursday-june-16-2016-300284696.html
"Bavituximab is a first-in-class phosphatidylserine (PS)-targeting monoclonal antibody that is the cornerstone of a broad clinical
pipeline." -- Big Pharmas nightmare... unless they are fortunate enough to have The Bavi Edge!
