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Re: TEX post# 261180

Friday, 11/20/2009 7:14:31 AM

Friday, November 20, 2009 7:14:31 AM

Post# of 346917
TEX,
I've linked the 12b-25 rule on the r 'n r board........hope that's what you were looking for.

Thanks to you and the other folks that responded to my question posted here:
http://investorshub.advfn.com/boards/read_msg.aspx?message_id=43754185

Based on the feedback and my own research I'm going to go ahead and conclude that the company IS required to continue to file regular financial and informational reports with the SEC. As mentioned, the company IS still registered under the Act and my own D&D philosophy doesn't allow me to accept the "other grey companies don't" explanation as definitive......I'm inclined to believe that those other companies just plain can't or won't. I'm still looking for some specific regulation to justify their non-reporting but suspect that none is forthcoming.

Which kind of leaves me where I started regarding the issue of the missing NT10-Q. Filling out the form is virtually as simple as falling off a horse......even I could do it. Why would the company, with the SEC in virtual residence, choose not to submit a form that, correctly filed, exposes it to no further jeopardy whatsoever?
The SEC is aware of the auditing issues and to list them in the narrative section of the form is perfectly reasonable. There would seem to be no technical reason not to file.

The only thing that I can think of......and I don't know how it might connect to the issue of "to file or not to file".......is their unusual choice to publish revenue and earnings approximations in the Other Information section of the NT-10K instead of merely attributing the lateness to auditing issues. Or, and the form allows this, to provide no explanation at all.
http://www.sec.gov/Archives/edgar/data/1201251/000114420409046750/v159535_nt10k.txt


Any ideas?

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