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Re: upper11 post# 275770

Monday, 01/04/2010 10:53:52 AM

Monday, January 04, 2010 10:53:52 AM

Post# of 346917
"gotta be pike"

FWIW:
Pikes 13D was filed on 12/24......after the close of trading but before the close of business at the SEC.

http://www.law.uc.edu/CCL/34ActRls/rule13d-1.html
The 13D rules say:
"2. From the time of the acquisition of 20 percent or more of the class of equity securities until the expiration of the tenth day from the date of the filing of the Schedule 13D pursuant to this section, the person shall not:

i. Vote or direct the voting of the securities described therein,

ii. Acquire an additional beneficial ownership interest in any equity securities of the issuer of the securities, nor of any person controlling the issuer."


If the above is based on calendar days (most of the time if it's business days they say so), the tenth day from the date of the following would've "expired" yesterday........so with the calendar day interpretation he could be buying today. The only thing that makes me wonder about that is the use of the term "expiration" in the rule......a term generally reserved for use when referring to trading days, which might suggest that the rule intended to refer to business days.

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