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Re: ison929 post# 36817

Monday, 01/02/2012 2:03:00 PM

Monday, January 02, 2012 2:03:00 PM

Post# of 92948
Hi Ison. I'm assuming the part you want me to comment on is the number of new shares that the poster said will be issued at the time that the AS increase is approved. Though 292 million may technically be right (though also if we're being technical the other ~50 million aren't actually required to be issued to meet the terms of the global settlement itself) I'm going with the official number put out by Rabin in the PR and in the SEC filing that are required to be issued to settle the global settlement, and here's why:

I do remember that certain shareholders (basically Rabin/Lanza I believe) lent ACT shares to cover the shortfall of shares needed to comply with the shares awarded (and issued) to Alpha, Cranshire and Black Mountain cases ordered them to give those companies at trial, so I would assume that those ~50 million additional shares referenced in that post would include the shares that need to be issued to repay management the shares they lent the company so they would not go into default on the judgments and those ~50 million shares have already been issued to (and likely already sold by) Alpha, Cranshire and Black Mountain, so IMO any negative impact specifically from those ~50 million shares on share price has already been felt. Any new shares issued in excess of the 240.5 million that are required to be issued as part of the global settlement will be going back into the hands of Rabin/Lanza, and I don't believe that Rabin/Lanza are going to just dump the shares that they're repaid on the market. Does that make sense?

Hope that helps!

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