Silver, There's quite a bit of complexity to the documents and I've spent a commensurate amount of time trying to figure out what could be what. I haven't reached any conclusions about which I can claim confidence BUT...what I think MAY be the case, and would be most interested in your opinion about this - is that the limited waiver looks like it may provide a window of opportunity during which the lockout from the company offering additional shares is waived, in the event that the company can demonstrate that they have a bona fide opportunity to undertake another offering of at least 5 million, (letter of opinion from an investment banker and such), -- and then there are some other complexities to the formula that makes the waiver able to be triggered...
Wasn't it you who highlighted 125% buyout provision/ option for Sigma in this deal? The institutions paid 1.5 million, right? So for an additional 375k, (plus the 1.5m paid)...could Sigma buy back all the recent preferred D shares? The long and the short of it -- no pun intended -- could be that Sigma mgmt was pretty sure they could likely raise larger dollars soon enough and buy their way out of the recent deal with the institutions.
Totally not able to say whether this is the case, but that's my hopeful read.
Also, why did they file the limited waiver yesterday, after the other filings? IF they working toward buying back the preferred shares and thus conceiving of that deal as a bridge sort of financing, effectively, might they have wanted to clue shareholders in that they MAY be working in this direction, and so chose to file the limited waiver yesterday, (which looks to be an exhibit to the agreement, so we could see the limited waiver?
The above is all speculation, TOTALLY.
