Aero Performance Products Inc (fka AERP)

[GoldenStar]

4kids

You posted the following.....Please pay close attention to the Highlighted or Bold parts of the text as they are very important, you seem to paint a picture of it is an option or choice for Aero to file that 8K or material events later on but that is not the case,if they failed to do so they "MUST" file it "no later than"...so this is not a choice for Aero it is requirement now since they failed to file those 8K's when they were supposed to and they were Supposed to within 4 Business days of those Material Events....Just offering up a bit of Clarity so folks are not confused on this issue, the SEC guidelines are clear.

"http://sec.gov/rules/final/33-8400.htm

And here is a section worth noting..

"Furthermore, we are amending Forms 10-Q, 10-QSB, 10-K and 10-KSB to provide that the new safe harbor extends only until the due date of the periodic report of the company for the relevant period in which the Form 8-K was not timely filed. Thus, for example, if an event occurs that required the filing of a Form 8-K during a particular quarter, but the company fails to make the required timely disclosure on Form 8-K, the company must provide the disclosure prescribed by the relevant Form 8-K item in its Form 10-Q or 10-QSB filed for the quarter during which that event occurred. Failure to make such disclosure in the periodic report will subject a company to potential liability under Section 10(b) and Rule 10b-5, in addition to the potential liability under Section 13(a) or15(d)."

NOW 4KiDS I have issue with your following comments, you stated they "CAN" include it with your next periodic report? Well if they dont include it after FAILING TO DO SO like they were REQUIRED TO DO then they are subject to "POTENTIAL LIABILITY under section 10b and Rule 10b-5" according to the information above, you better hope they include that information or they may find themselves in a bit of hot water and it is pretty darn sad that Aero failed to file an 8K apparently on more than one occasion now, "Aero gettin er done"......Does not appear so.

"Basically what it is saying is that if you have an 8K event for which you don't file, you can include it with your next periodic report.. i.e. 10Q or 10K.

I'm not suggesting that is how AERO is proceeding.. but that is an option.. If it helps the company to wait until they file their periodic report.. then why not wait?? Hmmm.. wonder what tricks could AERO have up its sleeve?? LOL.. Anyway, another thing to keep in mind is that for it to be an 8-K event it has to be MATERIAL.. and right now we really don't know that it is
one."

4kids it most certainly is a material event, it ties up all of Aeros assets! that is a HUGE material event, If you have doubts just call the SEC.

Secondly how can violating the SEC rules about timely filing of material events "help the company"? It certainly has not helped their image as those guidelines of filing within 4 business days were put in place for a reason and Aero apparently has blatantly violated those SEC rules and it is not an "option" to file with the next periodic report,it is REQUIRED or they may face "potential Liability" according to the SEC.

"Ultimately, I trust AERO Management and look forward to what they PR next."

Hard to trust a Management that apparently violates SEC rules.