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Re: wallymac post# 22611

Wednesday, 08/18/2010 4:33:21 PM

Wednesday, August 18, 2010 4:33:21 PM

Post# of 36407
and also as a result of this "marketer":

Following the second quarter of 2010, we learned that Visa had charged the credit card processor with a $707,500 fine associated with these chargebacks, which fine the credit card processor allegedly paid and for which it is seeking indemnification from us. Our agreements with this processor and other processors may be read to require us to reimburse the credit card processor for such fines, without any opportunity to intercede with VISA or otherwise defend against the claims. The $707,500 fine already imposed has significantly harmed our profitability and liquidity in the near term. Additional fines, particularly if substantial in size, would limit our ability to continue as a going concern.

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