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Friday, April 25, 2008 3:13:41 AM
http://biz.yahoo.com/bw/080423/20080423005367.html?.v=1
Under the terms of the merger agreement, each issued and outstanding share of Etelos capital stock, other than shares held by Etelos stockholders who are not "accredited investors" or who have not appointed a "purchaser representative," will be cancelled and extinguished and converted into shares of Tripath common stock at a ratio of 3:1. Each share of Tripath common stock immediately before the effective time will be cancelled and extinguished and no payment or other consideration will be made with respect to those shares. Further, in addition to the shares of Tripath common stock to be issued to Etelos shareholders in the merger, the surviving corporation will issue, in the aggregate, 5,010,000 shares of Tripath common stock to satisfy Tripath's obligations to creditors and other third parties as contemplated by the Plan of Reorganization, subject to further order of the Bankruptcy Court. As a result of the plan of reorganization, no liabilities of Tripath were acquired in the merger.
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