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Re: grantg2 post# 104203

Wednesday, 04/27/2011 9:25:27 PM

Wednesday, April 27, 2011 9:25:27 PM

Post# of 312015

Question is... is the fuel sales comment on BNN

sufficiently new material information that the 24-hour-to-a-filing clock is now ticking down?



I would think a televised release would be adequate public disclosure. From the SEC regulations pertaining to material nonpublic information:

An issuer shall be exempt from the requirement to furnish or file a Form 8–K if it instead disseminates the information through another method (or combination of methods) of disclosure that is reasonably designed to provide broad, non-exclusionary distribution of the information to the public.



http://ecfr.gpoaccess.gov/cgi/t/text/text-idx?c=ecfr&sid=fe408b58c5c209dd7618b3cfad374ab1&rgn=div5&view=text&node=17:3.0.1.1.4&idno=17

Be mindful, of course, that the CEO stopped short of announcing past or present fuel sales. He did, however, seem quite confident that sales would commence this week. A substantial fuel sale contract would be a significant milestone, and one I hope to see very soon.