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Re: apostrophe post# 3787

Tuesday, 01/15/2008 7:30:25 AM

Tuesday, January 15, 2008 7:30:25 AM

Post# of 27567
"the anonymous id poster who in effect started the rumor about $400m offer actually had kind of a negative effect on my sentiment since there were a couple of material errors in his remarks, for example the bank is not chase, and mosh doesn't have any holdings in new mexico. so, pxd raising capital may or may not mean anything."

Not to give credit to the anoymous posters statements but the bank's name is actually JP Morgan Chase due to a merger several years ago between JP Morgan and Chase bank.

http://www.citytowninfo.com/lenders/jpmorgan-chase-bank-na

As to the pps of MOSH up or down makes no difference to me (and I'm sure for quite a few other long holders), except down I pick up more shares than I can at the higher price. Either way it's all good for those that have been holding long term and continue to hold long term for the settlement to come. In my opinion even the ups and downs are good for long termers in the sense that you sell portions at (or near)the top and buy back on the dips to increase unit holdings. The $400,000,000 to be raised by PXD could be for a severance package to an outgoing employee as listed in the 8-K to lets say ensure their silence. imho of course.

5. Nonpublic Information .
(a) Acknowledgement of Access . Employee hereby acknowledges that, in connection with Employee’s employment with the Company, Employee has received, and will continue to receive, various information regarding the Company and its business, operations and affairs. All such information, to the extent not publicly available other than as a result of a disclosure by Employee in violation of this Agreement, is referred to herein as the “ Nonpublic Information .”
(b) Agreement to Keep Confidential . Employee hereby agrees that, from and after the Effective Date and continuing until 3 years following the Employee’s Date of Termination, Employee will keep all Nonpublic Information confidential and will not, without the prior written consent of the Board or the President of Parent, disclose any Nonpublic Information in any manner whatsoever or use any Nonpublic Information other than in connection with the performance of Employee’s services to the Company; provided, however, that the provisions of this subparagraph shall not prevent Employee from
(1) Disclosing any Nonpublic Information to any other employee of the Company or to any representative or agent of the Company (such as an independent accountant, engineer, attorney or financial advisor) when such disclosure is reasonably necessary or appropriate (in Employee’s judgment) in connection with the performance by Employee of Employee’s duties and responsibilities;
(2) Disclosing any Nonpublic Information as required by applicable law, rule, regulation or legal process (but only after compliance with the provisions of subparagraph (c) of this paragraph); and
(3) Disclosing any information about this Agreement and Employee’s other compensation arrangement to Employee’s spouse, financial advisors or attorneys, or to enforce any of Employee’s rights under this Agreement.
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(c) Commitment to Seek Protective Order . If Employee is requested pursuant to, or required by, applicable law, rule, regulation or legal process to disclose any Nonpublic Information, Employee will notify Parent promptly so that the Company may seek a protective order or other appropriate remedy or, in Parent’s sole discretion, waive compliance with the terms of this subparagraph, and Employee will fully cooperate in any attempt by the Company to obtain any such protective order or other remedy. If no such protective order or other remedy is obtained, or if Parent waives compliance with the terms of this subparagraph, Employee will furnish or disclose only that portion of the Nonpublic Information as is legally required and will exercise all reasonable efforts to obtain reliable assurance that confidential treatment will be accorded the Nonpublic Information that is so disclosed.


GLTA


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