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Friday, April 16, 2021 3:41:45 PM
The agreement back on 28-May-2014 was for Chardan to act as a broker to dump stock into the market, on behalf of PMCB. In acting as a broker Chardan would receive 3% of the proceeds for stock dumped directly into the market. In addition 7% for any blocks sold.
the Company has agreed to pay Chardan: (i) a cash fee of 3% of the gross proceeds from the sale of any shares of Common Stock sold in an “at-the-market” offering and (ii) a cash fee of 7% of the aggregate sales price of any distinct blocks of Common Stock sold under the Chardan Agreement, plus five-year warrants representing 5% of the number of shares of Common Stock sold. In addition, the Company has agreed to reimburse certain expenses of Chardan in an amount not to exceed $15,000.
Note there was no qualifier "at the market" for the block sales.
The agreement was amended in 2016, such that Chardan got a cut of any shares (e.g. discounted shares) if the agreement was terminated. Involving clients introduced to PMCB:
The Chardan Agreement was amended December 15, 2016. The amendment provides for the termination of the Engagement Agreement for any reason, with or without cause on five days’ written notice by either party. The amendment also provides that Chardan will be entitled to collect transaction fees for common stock or other securities offered by us and sold to any parties introduced to us by Chardan within nine months following expiration or termination of the Engagement Agreement.
On 26-Jan-2018 the agreement was terminated.
In another words Chardan was helping Kenny find 3rd party buyers of block shares. Shares that Kenny regularly offers up at highly discounted prices. They got a fixed 7% for any buyer of block shares they found.
Sometimes it pays to read the SEC filings. Instead of a Kenny PR pump from 2014.
Again the word "premium" doesn't apply to Kenny selling block shares at 0.005 when the market price was 4X or more the going market price. QED
The Jewel of the Mind is Colored with the Hue of what it Imagines
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