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Re: scottsmith post# 242330

Friday, 09/21/2018 9:37:13 PM

Friday, September 21, 2018 9:37:13 PM

Post# of 403091
He could have. Perhaps someone decided that the optics of a dismissal were better than those of a resignation. Given that his age and level of participation made retirement perfectly reasonable I wouldn't agree with such an assessment. Perhaps resignation was proposed to him and he declined. We'll probably never know.
At the risk of the usual slings and arrows I'll point this out:
He remains a Director. The 8-k reporting requirements for the resignation or removal of a Director are a little different than what was filed today.
Item 5.02 Departure of Directors or Certain Officers; Election of Directors; Appointment of Certain Offi cers; Compensatory Arrangements of Certain Officers.
(a)(1) If a director has resigned or refuses to stand for re-election to the board of directors since the date of the last annual meeting of shareholders because of a disagreement with the registrant, known to an executive officer of the registrant, as defined in 17 CFR 240.3b-7, on any matter relating to the registrant’s operations, policies or practices, or if a director has been removed for cause from the board of directors, disclose the following information:
(i) the date of such resignation, refusal to stand for re-election or removal;
(ii) any positions held by the director on any committee of the board of directors at the time of the director’s resignation, refusal to stand for re-election or removal; and
(iii) a brief description of the circumstances representing the disagreement that the registrant believes caused, in whole or in part, the director’s resignation, refusal to stand for re-election or removal.
(2)
If the director has furnished the registrant with any written correspondence concerning the circumstances surrounding his or her resignation, refusal or removal, the registrant shall file a copy of the document as an exhibit to the report on Form 8-K.
(3) The registrant also must:
(i)
provide the director with a copy of the disclosures it is making in response to this Item 5.02 no later than the day the registrant file the disclosures with the Commission;
(ii)
provide the director with the opportunity to furnish the registrant as promptly as possible with a letter addressed to the registrant stating whether he or she agrees with the statements made by the registrant in response to this Item 5.02 and, if not, stating the respects in which he or she does not agree; and
(iii) file any letter received by the registrant from the director with the Commission as an exhibit by an amendment to the previously filed Form 8-K within two business days after receipt by the registrant.

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