DM,
are you suggesting the stock structure of avbc is invinceable to shareholders taking matters into their own hands
Well, I did know a lawyer once who said there was no such thing as an unbreakable contract. It certainly looks as if TG as built a mighty fortress around the preferred shares. The preferred's are where the power and control of AVBC are. You would need to get control of the preferreds to mount any kind of controlling interest.
After the original takeover attempt it appears that TG spent a great deal of time, effort and money to make sure HE and HE alone would control AVBC. Quite frankly, I can't say as I blame him, it is his idea, his baby. On the one hand you could look at it and say that he set the stock structure to keep control so that he could fulfill his dream of creating a wildly successful beverage company. On the other hand you could look at it and say that he set the stock structure to keep control so that he could fulfill his dream of living large on other people's money without ever really making anything happen.
That is essentially the running argument held on the various AVBC boards for the last 4+ years. And the longer the company continues to perform as it has for the past 11+ years the greater the likelyhood (IMHO) that those in the "living large" camp are correct.
Two Months ago I made a statement that if the share price was significantly higher and if the OS increases had slowed dramatically, I would admit I was wrong about the effects of the Series D preferreds (formerly known as CD/ACC).
While some would like to say that because we haven't had an OS increase in more than a week that the OS rise has stopped, I should remind you that in the eight weeks since I made my statement the OS has risen by six million shares. That is somewhat slower than the previous eight weeks eight million share increase, but not enough to call it dramatic. In fact it may be due to the rise in price.
IMHO, what happened with the price was a manipulation by the series D holder(s). Tired of having to move such large, attention getting amounts of stock to get their desired cash return, They placed a short term suspension of sales. Coupled with some pump newsletter promos and the current success in getting the product into a few stores in SoCal, the price promptly doubled...as soon as it did the selling began. Not at the levels seen in December-March but selling nonetheless.
They know we are paying attention.
We began discussiong insider sales...they stopped.
We began discussing CD/ACC... they hid it in the preferred D
We began discussing the OS count... they changed selling strategy.
IMHO, I believe the price will remain around .12-15 for the foreseeable future. At that level they can keep the OS from growing too big too fast and hide their real activity.
I know that many longs don't want to hear what I have to say. That's OK. But before you put any more money into this stock or any money into this stock ask yourself one question...
In 11+ years, What has AVBC sold the most of and made the most money on...water? or stock?
David Weed
aka the Bird of Prey
www.warp-drive.com
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