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Tuesday, November 02, 2021 5:58:31 PM
"Here are the EDGARS!
EDGAR is the SEC online database portal! Here you can read every back and forth contact between the SEC and any company it covers.
Cytodyn has over 500 files and arranged in sequential reverse date order. Going backwards I found entries with codes that didn't match the norm so opening one I found, presto, it pertains to an SEC investigation!
Altogether there were five such entries all relating to the same SEC investigation. There was no other entries relating any different investigation. I believe this is it.
I didn't see anything that says it's a subpoena. It's possible they were sent separately but I suspect the term subpeona was used in the general term of an order to answer questions from the SEC. Not the dramatic court order handed over a doorstep we all envision thanks to court television..
File one: SEC investigatory questions.
File two: Cytodyn answers which include the file one questions. For that reason I only need to link to the second file.
https://www.sec.gov/Archives/edgar/data/1175680/000119312521091607/filename1.htm
This file is dated March 23rd, 2021 and is in response to the SEC inquiry dated February 18th, 2021.
So, what is this horrible SEC investigation that shorts and 13D have been conjuring up images of NP and crew being hauled off in orange jumpsuits about?
First they want to know if Cytodyn is still an accelerated filer. The definition of what an accelerated filer is was revised such that they no longer qualified. The Cytodyn reply was that change would be noted in the next filing.
(That's my definition of a nothing burger!).
All the rest of the questions are directed to the same inter-related issue, namely capitalized inventory.
In February 2020, Cytodyn began capitalizing their inventory of Leronlimab. This is allowed if they are being sold on market at a profit or expected to be sold in the near future at a profit.
The SEC noted the near future was based on the successful submission of the HIV BLA the following May, however that received an RTF.
So, questions as to how Cytodyn came to the conclusion they could capitalize their inventory.
Questions about was it appropriate to capitalize the inventory? Is the inventory shelf life an ongoing concern? Why was an RTF received in the first place? Is the current correspondence with the FDA looking like the issues with the RTF are insurmountable? How is the FDA guiding them?
And perhaps my favorite, Why is the projected date for BLA resubmission constantly slipping? Are these delays indicative of the resubmission being unfeasible? (All the shorts and 13Ders who say NP lies but not to the SEC must now admit he hasn't been lying about the timeline to shareholders. He has been supplying similar timelines to the SEC!)
In this document Cytodyn answers all these questions (it's Michael Mulholland who did the prep)!"
My comments are just my opinions and should NOT be taken as investment advice.
Recent CYDY News
- Form 8-K - Current report • Edgar (US Regulatory) • 06/03/2024 09:15:10 PM
- Form SC TO-I - Tender offer statement by Issuer • Edgar (US Regulatory) • 06/03/2024 09:10:56 PM
- Form 424B3 - Prospectus [Rule 424(b)(3)] • Edgar (US Regulatory) • 05/06/2024 09:17:30 PM
- Form 424B3 - Prospectus [Rule 424(b)(3)] • Edgar (US Regulatory) • 05/06/2024 09:16:24 PM
- Form 8-K - Current report • Edgar (US Regulatory) • 05/06/2024 09:09:58 PM
- Form 4 - Statement of changes in beneficial ownership of securities • Edgar (US Regulatory) • 03/09/2024 02:30:20 AM
- Form 424B3 - Prospectus [Rule 424(b)(3)] • Edgar (US Regulatory) • 03/01/2024 10:16:47 PM
- Form 424B3 - Prospectus [Rule 424(b)(3)] • Edgar (US Regulatory) • 03/01/2024 10:15:34 PM
- Form 424B3 - Prospectus [Rule 424(b)(3)] • Edgar (US Regulatory) • 02/22/2024 10:16:11 PM
- Form EFFECT - Notice of Effectiveness • Edgar (US Regulatory) • 02/22/2024 05:15:08 AM
- Form 3 - Initial statement of beneficial ownership of securities • Edgar (US Regulatory) • 02/16/2024 02:00:24 AM
- Form SC 13G/A - Statement of acquisition of beneficial ownership by individuals: [Amend] • Edgar (US Regulatory) • 02/12/2024 10:31:57 PM
- Form 424B3 - Prospectus [Rule 424(b)(3)] • Edgar (US Regulatory) • 01/29/2024 10:22:17 PM
- Form 8-K - Current report • Edgar (US Regulatory) • 01/29/2024 01:40:14 PM
- Form 424B3 - Prospectus [Rule 424(b)(3)] • Edgar (US Regulatory) • 01/19/2024 10:15:35 PM
- Form 10-Q - Quarterly report [Sections 13 or 15(d)] • Edgar (US Regulatory) • 01/16/2024 10:16:04 PM
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