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Sunday, May 24, 2020 12:09:00 AM
obtain stockholder approval of an increase in such authorized number of shares
Perhaps you forgot that the company tried on two occasions for a reverse split, which would have effectively made more common shares available to both shareholders and DGF. You also seem to have conveniently forgotten how you kept on harping that the R/S was for the benefit of DGF! But now you're changing your tune. Are you going to deny this as well or will you just continue to adjust your diatribe as time progresses?
You need to freshen up on contract law. When you do you will someday come to realize that it's not always cut and dry when it comes to commercial contracts.
OWCP is contractually obligated to have the common shares available for DGF to convert the preferred shares.
So you actually think that a judge is going to force OWC to issue shares that it doesn't have to issue? Please tell me that you're not that naive to believe this could be the outcome.
As per the SPA either party has always had the option of either paying off the remaining loan or calling it to be repaid. If, as it has been suggested, there is a buyout then and only then will DGF get what is owed to them. And before you jump all over this by feeding us more BS about DGF being a secured creditor and how every other shareholder is going to get screwed, let me just tell you that the insiders of the company are not going to let this happen. They too are shareholders sitting on millions of shares, and they will want to get paid as well.
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