rocky,
I know that we've been over this twice now, but the documents that I'm looking at appear to be clear.
The 8-A filed by the company has the following statement marked:
"If this form relates to the registration of a class of securities pursuant to Section 12(g) of the Exchange Act and is effective pursuant to General Instruction A.(d), check the following box. x"
General Instruction A.(d) says:
"(d)
If this form is used for the registration of a class of securities under Section 12(g), it shall become effective:
(1)
If a class of securities is not concurrently being registered under the Securities Act, upon the filing of the Form 8-A with the Commission;"
The securities being registered have been previously registered under the Securities Act (of 1933) and hence are "not concurrently being registered under the Securities Act". The above clearly indicates that, under those circumstances,
the registration becomes effective "upon the filing of the Form 8-A with the Commission".
Please reconsider your interpretation based on the above.
I must admit that I'm having difficulty dropping this issue in part based on the Form 3 filings already supplied and the lack of history of the participants filing SEC documents some 5-6 weeks before their deadline.
