Saturday, March 16, 2024 8:59:43 AM
The first exhibit (#4) is stock cash sales and consists of 2 sales based on closing price of the previous 10 days.
12.2M shares sold by NWBO 10/12/20 at a price allegedly depressed by $0.008
1.9M shares sold by NWBO 12/12/21 at a price allegedly depressed by $0.019
That sales data looks reasonable, but not exactly very much (about $150K by NWBO's numbers).
The second exhibit (#6) is exchange transactions where stock is exchanged for debt based on 85% of the average of the lowest 5 closes of the past 20 days.
That data s still a bit of stinking mess for 2 reasons. They still have a future close date listed as a spoof in the previous 20 days. On the 7/2/18 exchange they assert the close on 8/1/18 effected the price. But worse, they include any date regardless of it being one of the lowest 5. If the spoof was not one of the lowest 5 it would have no effect in the sale price.
Overall I would expect the next MTD to be dismissed. There will be some yapping about exhibit 6 though. And perhaps some shots about changed assertions.
Regardless of that, the damages look trivial if the Court sticks to the opinion that permanent impairment does not exist.
And just who had motive to sell those days? Perhaps that had an agreement to buy at the lowered price?
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