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Re: OldTymer post# 281524

Thursday, 01/14/2010 6:55:01 PM

Thursday, January 14, 2010 6:55:01 PM

Post# of 346917
OT,
Just a reminder:
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.

And a 4th note:
The fact that the company is not current in the filings that normally provide the share structure also precludes any other insiders from open market trading. The non-public information issue is the same.

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