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Re: None

Friday, 04/01/2011 10:45:50 AM

Friday, April 01, 2011 10:45:50 AM

Post# of 432923
Will the closing on the convert deal, on Monday, necessitate a 13-D filing? Alternatively, is it certain that we will learn the identity of the investor(s)?

My thinking is this: if there is only one investor, a 13-D is required if the amount of underlying shares in the converts (about 3M) are counted under the guidelines of a 13-D requirement, i.e. more than 5%. I am pretty sure the shares associated with the warrants do not qualify.

If the above is true, then 13-D's may not be required if there are more than one investor and none hold more than 5%.

Any input would be appreciated. I am curious if anyone has a definitive and logical reason to believe that we will necessarily learn who our new investor(s) is (are).
TIA
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