DD Support Board and Research Team

[samsamsamiam]

Yup - some sort of boilerplate "mistake"? - in a number of places.
Question is why are they using the Total Nutraceutical template.
====================

http://searchwww.sec.gov/EDGARFSClient/jsp/EDGAR_MainAccess.jsp?search_text=%22kinoko%22&isAdv=false
========================
"Section 3.9 Maintenance of Insurance. Until the Closing Date, the Seller will maintain in full force and effect all applicable insurance policies, and will comply with all laws affecting the operation of the Mushroom Matrix Business consistent with prior practices and will give the Buyer notice of any unusual event or circumstance affecting the Mushroom Matrix Business or the Mushroom Matrix Assets which the Seller becomes aware of; provided, however, that the Buyer shall be responsible for procuring its own insurance policies on and after the Closing.

Section 3.10 Non-Competition; Non-Solicitation. For a period of four (4) years after the Closing Date, neither Seller shall not without written consent from the Buyer engage in the following activities: (i) directly or indirectly, own, manage, operate, join, control, participate in, or otherwise be connected in any manner with, whether as a partner, investor, shareholder, employee, consultant or otherwise, any business entity world-wide which is engaged in any business competitive, directly or indirectly, with the SRT Assets or the SRT Business as conducted by the Seller on or prior to the Closing Date or intended to be conducted by the Buyer as conveyed to Seller on or prior to the Closing Date and (ii) hire or solicit the employment of any employee or consultant of the Buyer and/or its Affiliates or encourage any such employee to leave employment with the Buyer or any of its Affiliates or knowingly participate in any discussion with any employee of the Buyer or any of its Affiliates regarding the possibility of his or her employment by any Person or entity other than the Buyer or its Affiliates. Nothing herein prevents the Seller or The Kinoko Co. from owning stock in any company whose shares are publicly traded on a national exchange.


Read more: http://webcache.googleusercontent.com/search?q=cache:Lq6z6_NBj1gJ:www.faqs.org/sec-filings/110307/FBC-Holding-Inc_8-K.A/ex2_1assetpurchaseagmt.htm+Christopher+LeClerc+Total+Nutraceutical+Solutions&cd=2&hl=en&ct=clnk&gl=us&source=www.google.com#ixzz1Hpam53XE


============
USDA Files Action Against The Kinoko Company, Unlawful Employment, Oceanside, California

AMS No. 240-09


Nadine Wilkins [phone]
[e-mail]
Billy Cox [phone]
[e-mail]


WASHINGTON, Jan. 5, 2010 - The U.S. Department of Agriculture has filed an administrative action against The Kinoko Company, operating in Oceanside, Calif. The action alleges that the company unlawfully employed or has been affiliated with Craig R. Anderson in violation of the Perishable Agricultural Commodities Act (PACA).


Craig R. Anderson was barred from operating a PACA licensed produce business or being employed by a PACA licensee as the result of his responsibly connected status with Golden Gourmet Mushrooms Inc., operating in San Marcos, Calif. Golden Gourmet Mushrooms Inc. consented to a finding of repeated and flagrant violations of sections 2(4) and 2(5) of the PACA.


The Kinoko Company will have an opportunity to request a hearing. Should USDA find that the company committed repeated and flagrant violations, it could be barred from the produce industry for two years. Furthermore, its principals could not be employed by or affiliated with any PACA licensee for one year and then only with the posting of a USDA-approved surety bond.


In addition, if Craig R. Anderson is cited for unlawful employment or affiliation with The Kinoko Company, the USDA could extend the employment sanctions for a period not to exceed one year.


The PACA establishes a code of good business conduct for the produce industry. Under it, all interstate traders in fresh and frozen fruits and vegetables must be licensed by USDA. USDA is authorized to suspend or revoke a trader’s license for violating the act.


USDA is an equal opportunity provider, employer and lender. To file a complaint of discrimination, write: USDA, Director, Office of Civil Rights, 1400 Independence Ave., S.W., Washington, D.C. 20250-9410 or call [phone](voice), or [phone] (TDD).

http://www.ams.usda.gov/AMSv1.0/ams.fetchTemplateData.do?template=TemplateU&navID=&page=Newsroom&resultType=Details&dDocName=STELPRDC5081676&dID=124774&wf=false&description=USDA+Files+Action+Against+The+Kinoko+Company%2C+Unlawful+Employment%2C+Oceanside%2C++California&topNav=Home&leftNav=&rightNav1=LatestReleaseshome&rightNav2=
==