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Re: keda post# 30518

Wednesday, 10/03/2012 4:00:33 PM

Wednesday, October 03, 2012 4:00:33 PM

Post# of 41960
Fair enough. Clearly I disagree but you are on point.

Typically, these penny stock bars are designed to keep promoters from being involved with any capital raising activities of penny stock companies. Typically, that means they don't want Wilf involved in selling stock for DPBE, bonds for DPBE, or taking out bank loans for DPBE.

I say "typically" because it is important to understand how the SEC usually crafts these agreements. Context and industry practice matter. Based on my experience with these judgments, my interpretation is what is usually required from the SEC. The SEC usually also adds the standard language that the defendant "neither admits nor denies" in order to prevent subsequent civil plaintiffs (like angry CPRKQ investors) from attempting to assert doctrines like collateral estoppel against the defendant.

Hey, it's possible your interpretation is right...I'm just saying it goes against the weight of precedent.