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Re: tally-whacker post# 24349

Sunday, 01/21/2007 12:00:18 PM

Sunday, January 21, 2007 12:00:18 PM

Post# of 162847
Interesting comment about reverse split being a problem on those Series C Preferred stock. wonder if that means it will be forward split to correct them. Maybe whoever is doing that DD on reverse splits can check this one out.

"Historical Non-Compliance with the Investment Company Act of 1940"
"Since electing to be regulated as a BDC, the Company has engaged in multiple transactions that either violated or potentially violated the Investment Company Act of 1940. Some of these violations have been corrected; however, some violations are either irreversible or else would be cost prohibitive to correct. The following violations have been noted
The Company previously issued Series C preferred stock which contained provisions that violated Sections 18 and 61 of the 1940 Act. During 2006, the Company reverse split the preferred stock in tandem with a reverse split of the common stock; however, the stock remains in violation of Section 61 of the Act by virtue of its conversion feature and Section 18 by virtue of its voting rights. When originally issued, the Company believed that the Preferred securities issued were fully compliant with the 1940 Act. The Company has attempted unsuccessfully to restructure the Preferred Stock in a manner that would be compliant with the 1940 Act.
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