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Saturday, June 27, 2009 5:07:17 AM
Thank you for your inquiry. TD AMERITRADE was allocated the restricted dividend shares of EVOLUTION FUELS INC for those shareholders who owned EARTH BIOFUELS INC on the record date of 06/10/2009. As you purchased your shares on 06/09/2009, your purchase did not settle until 06/12/2009. Thus, you were not eligible to receive the shares that had been allocated.
We are still pending a resolution while the depository and the transfer agent determine whether shareholders who purchased through 06/15/2009 will receive the dividend shares. If it is determined that these shareholders, including yourself, are due the shares, TD AMERITRADE will receive the allocation and credit to your account.
Please keep in mind that EVOLUTION FUELS INC made the determination not to register these shares with the SEC, and thus they are considered 'restricted' shares. If the shares are allocated, your positions list on the website will reflect these shares with "N/A" as the symbol, because the shares are not currently tradable. These shares must be held for at least 6 or 12 months, depending on if the company is fully-reporting with the SEC or not. Please let us know if you have any further questions.
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