Saturday, November 13, 2010 1:45:06 AM
I would rather have the technical difficulties resolved than endure a reverse split where the company needs to make a couple million in profits and add sensational fireworks with them (like joint ventures with major companies on NYSE) to get a sustained PPS of .02 after an RS.
There is a clause in the filing:
It could be strongly argued that the RS is a violation of the duty to the stockholders. They had a plan and implied there were funds for a buyback. So unless that technical difficulty was not having enough money, I think the technical difficulty should be resolved, however long that takes.
A month or so ago another company had published plans that many stockholders had objected to. One of the shareholders wrote an open letter and paid for it to be PRed which put the company on notice that the shareholders felt the loyalty to them was being violated. The company back tracked and worked with the shareholders to find a better solution than they one the board had come up with. If someone is willing to do the same here, we can draft a professional letter together over the weekend and see about publishing it in a PR. It will take some effort on our part, but at least its on record that there are many shareholders who feel the RS violates the duty of loyalty. The letter should offer other solutions beside the RS that will satisfy the companies objectives. (unless the objective is to fatten the CEO's pockets in the next couple weeks, then well. . . we're screwed).
Finally, there is a good case of fraud since the past PRs explicitly affirm that the share structure had been established, and now it is not as was originally stated.
IMO
Best to all
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