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Re: OldTymer post# 278993

Saturday, 01/09/2010 6:56:36 PM

Saturday, January 09, 2010 6:56:36 PM

Post# of 346917
OT....hello again.
I know you want a link and I don't have one right now, but I'm certain that I could get one if it didn't jeopardize my scampi. I have no doubt that the following are true:
1. The fact that the company has decided to withhold and require the t/a to withhold o/s share data defines it as non-public information.
2. The SEC does not care about or regulate the right of a company to not provide o/s share numbers (except in the required K's and Q's, proxies, etc.) and to require a t/a to withhold that information. However, the release of that information by the company to any outside party requires its immediate release to the public.
3. An NDA could be signed allowing non-public information to be provided to a party to such an agreement, however any subsequent open market transactions executed by that party would be violations of the insider trading rules.

Good luck with your call and let me know if you really need link stuff.

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