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Wednesday, 07/02/2008 10:19:21 PM

Wednesday, July 02, 2008 10:19:21 PM

Post# of 137480
People may wonder why I was actively hoping for an 8k. One sees many of these companies release an LOI but it is just that. A letter of intent. Now some companies release several LOI's as a news event and many have accused these companies of pumping. Now that we have the 8k which came out tonight...why is it important? Here is information on the 8k below:

As the SEC puts it: "The instructions for Form 8-K describe the types of events that trigger a public company's obligation to file a current report, including any of the following..."

Section 1 -- Registrant's Business and Operations
Item 1.01 Entry into a Material Definitive Agreement
Item 1.02 Termination of a Material Definitive Agreement
Item 1.03 Bankruptcy or Receivership

Section 2 -- Financial Information
Item 2.01 Completion of Acquisition or Disposition of Assets
Item 2.02 Results of Operations and Financial Condition
Item 2.03 Creation of a Direct Financial Obligation or an Obligation under an Off-Balance Sheet Arrangement of a Registrant
Item 2.04 Triggering Events That Accelerate or Increase a Direct Financial Obligation or an Obligation under an Off-Balance Sheet Arrangement
Item 2.05 Costs Associated with Exit or Disposal Activities
Item 2.06 Material Impairments

Section 3 -- Securities and Trading Markets
Item 3.01 Notice of Delisting or Failure to Satisfy a Continued Listing Rule or Standard; Transfer of Listing
Item 3.02 Unregistered Sales of Equity Securities
Item 3.03 Material Modification to Rights of Security Holders

Section 4 -- Matters Related to Accountants and Financial Statements
Item 4.01 Changes in Registrant's Certifying Accountant
Item 4.02 Non-Reliance on Previously Issued Financial Statements or a Related Audit Report or Completed Interim Review

Section 5 -- Corporate Governance and Management
Item 5.01 Changes in Control of Registrant
Item 5.02 Departure of Directors or Principal Officers; Election of Directors; Appointment of Principal Officers
Item 5.03 Amendments to Articles of Incorporation or Bylaws; Change in Fiscal Year
Item 5.04 Temporary Suspension of Trading Under Registrant's Employee Benefit Plans
Item 5.05 Amendment to Registrant's Code of Ethics, or Waiver of a Provision of the Code of Ethics

Section 6 -- Reserved (for future use)

Section 7 -- Regulation FD Disclosure

Section 8 -- Other Events
Item 8.01 Other Events (The registrant can use this Item to report events that are not specifically called for by Form 8-K, that the registrant considers to be of importance to security holders.)

Section 9 -- Financial Statements and Exhibits
Item 9.01 Financial Statements and Exhibits

Companies have four days to file a Form 8-K for the events specified in the items in Sections 1-5 and 9 above. In terms of sections 6-8, I can't say since I'm not an SEC attorney or investment expert myself. Fortunately, all the 8K filings from companies are stored in the exceptionally informative EDGAR database on the SEC site, and there's plenty of help information available too.

Basically the 8-K is a legal form that companies file with the Securities and Exchange Commission when they have a specific "trigger" event transpire, and then they have a responsibility to file a followup form or document within a few days that details exactly what happened, how it affects the company, and its impact on shareholders.

This adds legitimacy to Friday's PR and I expect we'll see some buying tomorrow on the verification of the 8k. I would expect to see more specific details very quickly and I'm still waiting on a PR concerning oil. Hope this helps


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