Monday, August 07, 2017 12:55:49 AM
This is what is on P.6 of the consent statement:
"Furthermore, if we have insufficient cash to fund our operations and clinical trials, we may have no alternative to filing for bankruptcy protection." (emphasis mine)
That is not a statement of certainty.
Elsewhere in the consent statement, on P. 11, we find:
"We cannot assure you that the proposed reverse stock split will increase our stock price and have the desired effect of maintaining compliance with NASDAQ Marketplace Rules."
And this: "Current stockholders will likely experience dilution as a result of the Reverse Stock Split" ... "Historically, in companies with convertible note structures, there is a trend for the stock price to decrease after a reverse stock split. This is likely as a result of the availability of more shares to satisfy obligations under these notes through conversions of the notes into shares"
And finally, we have: "We are unable to predict if, when and to what magnitude dilution will occur; however, there is a substantial
likelihood that significant dilution will occur based on historical data." (emphasis mine)
Now that last statement sounds a lot more certain than the "may have no alternative" with respect to BK.
These words are always chosen carefully. It pays to read them carefully.
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