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Re: varok post# 23594

Thursday, 05/14/2009 12:02:45 AM

Thursday, May 14, 2009 12:02:45 AM

Post# of 58465
"... CC are updates and forward looking agenda that has already been in the public domain, not anything of real NEW news can come from a CC and that would go against SEC rules... Any veteran investor would know this..."

That's a bunch of BS Varok, and if you're a veteran investor, you know it is.

If a conference call was a scheduled call and open to the public via phone, webcast, etc., (like this one was) a company can make any new announcement it wishes. Most likely if they mention something new during the conference call, they'll follow up with a press release and a 8-K filing. Companies do this all the time. The SEC doesn't have a problem with it!

http://www.sec.gov/rules/final/33-7881.htm

4. "Public Disclosure" Required by Regulation FD
Rule 101(e) defines the type of "public disclosure" that will satisfy the requirements of Regulation FD. As proposed, Rule 101(e) gave issuers considerable flexibility in determining how to make required public disclosure. The proposal stated that issuers could meet Regulation FD's "public disclosure" requirement by filing a Form 8-K, by distributing a press release through a widely disseminated news or wire service, or by any other non-exclusionary method of disclosure that is reasonably designed to provide broad public access -- such as announcement at a conference of which the public had notice and to which the public was granted access, either by personal attendance, or telephonic or electronic access. This definition was designed to permit issuers to make use of current technologies, such as webcasting of conference calls, that provide broad public access to issuer disclosure events.
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