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Re: rbtree post# 48009

Saturday, 08/19/2006 3:17:46 AM

Saturday, August 19, 2006 3:17:46 AM

Post# of 169275
The SEC has been aware of this, and has allowed it to continue.

This is legitimate. The SEC will allow Rufus to call for the halt based on the filing of the 10K and the important news to be disseminated along with it.

Here's an important message.

Posted by: mutjin
In reply to: None Date:8/18/2006 7:22:36 PM
Post #of 47911

DD on Trading Halts and why Rufus can do it.

SOURCE: http://www.sec.gov/rules/other/nasdaqllcf1a4_5/nasdaqllcamendrules4000.pdf

Depending on the nature of the event and the issuer’s views regarding the business advisability of disclosing the information, the MarketWatch Department may work with the issuer to accomplish a timely release of the information. Furthermore, depending on the materiality of the information and the anticipated affect of the information on the price of the issuer’s securities, the MarketWatch Department may advise the issuer that a temporary trading halt is appropriate to allow for full dissemination of the information and to maintain an orderly market.

Nasdaq encourages issuers to avail themselves of the opportunity for advance notification to the MarketWatch Department in situations where they believe, based upon their knowledge of the significance of the information, that a temporary trading halt may be necessary or appropriate.

(a) Financial-related disclosures, including quarterly or yearly earnings, earnings restatements, pre-announcements or “guidance.”
(b) Corporate reorganizations and acquisitions, including mergers, tender offers, asset transactions and bankruptcies or receiverships.
(c) New products or discoveries, or developments regarding customers or suppliers (e.g., significant developments in clinical or customer trials, and receipt or cancellation of a material contract or order).
(d) Senior management changes of a material nature or a change in control.
(e) Resignation or termination of independent auditors, or withdrawal of a previously issued audit report.
(f) Events regarding the issuer’s securities - e.g., defaults on senior securities, calls of securities for redemption, repurchase plans, stock splits or changes in dividends,
changes to the rights of security holders, or public or private sales of additional securities.
(g) Significant legal or regulatory developments.
(h) Any event requiring the filing of a Form 8-K.


Use of Regulation FD Compliant Methods in the Disclosure of Material Information Regardless of the method of disclosure that an issuer chooses to utilize, issuers are required to notify the MarketWatch Department of the release of material information that involves any of the events set forth above prior to its release to the public. Nasdaq recommends that issuers provide such notification at least ten minutes before such release. When an issuer chooses to utilize a Regulation FD compliant method for disclosure other than a press release or Form 8-K, the issuer will be required to provide prior notice to the MarketWatch Department of: 1) the press release announcing the logistics of the future disclosure event; and 2) a descriptive summary of the material information to be announced during the disclosure event if the press release does not contain such a summary.
Depending on the materiality of the information and the anticipated effect of the information on the price of the issuer’s securities, the MarketWatch Department may advise the issuer that a temporary trading halt is appropriate to allow for full dissemination of the information and to maintain an orderly market. The MarketWatch Department will assess with issuers utilizing methods of disclosure other than a press
release or Form 8-K the timing within the disclosure event when the issuer will cover the material information so that the halt can be commenced accordingly. Issuers will be responsible for promptly alerting the MarketWatch Department of any significant changes to the previously outlined disclosure timeline. Issuers are reminded that the posting of information on its own website is not by itself considered a sufficient method of public disclosure under Regulation FD, and as a result, under Nasdaq rules.

Buy the crap out of it.

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