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Re: 24601 post# 10270

Tuesday, 09/16/2003 4:58:39 PM

Tuesday, September 16, 2003 4:58:39 PM

Post# of 248945
vc-24 is correct.

the effectiveness of the modifications is a condition precedent to the exercise of the warrants, but does not necessarily require the exercise.

a couple of commas (parens even better) prolly woulda helped:

"The exercise of the Series H Warrants[,] upon effectiveness of the modifications and waivers[,] will result in approximately $1.9 million of cash proceeds to Wave."

your interpretation is understandable based on the lack of those commas & the language does make it seem as though the $1.9 flows from the effective date, but IMO, 24/RWK's interpretaion is the accurate one. FWIW.

regards,

SPIN

PS Jean Valjean



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