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Re: SPIN post# 29810

Thursday, 02/12/2004 12:21:27 PM

Thursday, February 12, 2004 12:21:27 PM

Post# of 249163
SPIN: What instrument imposes the obligation to pay liquidated damages after 90 days? I have not seen it anywhere outside the four corners of the registration statement, and I have to question whether such an obligation may be predicated solely on a unilateral declaration in a form S-3. Where's the mutuality?

Best wishes,
John

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