Friday, December 14, 2018 8:48:21 AM
Oops, looks like he can convert at any time upon an occurrence of a Fundamental Transaction
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Sorry, Elite doesnt require a shareholder vote to increase authorized for the CEO to partially convert the Series J, as there are shares still authorized but not issued available
Therefore, pursuant to shares available to convert Series J - Yes there are shares available to permit partial conversion - which means he can convert without an increase to authorized
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Conveniently omitted is the following.
Shares the CEO has obtained, excluding Series J, such as for compensation, are available for sale at any time and are not subject to any extraordinary lockup provisions. They may be sold under Rule 144 or an effective registration statement or private sale of his shares
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Clearly there are numerous paths for the CEO to both convert & sell Series J and sell other share holdings of Elite.
Class over
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