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Re: Maria56 post# 28706

Friday, 01/25/2013 11:07:47 AM

Friday, January 25, 2013 11:07:47 AM

Post# of 90371
Well, it's obvious that there's nothing "simple" about you! As far as NY is concerned, I don't think it's a question of acceptance or rejection of a filing. If a submission is bounced as "unfile-able" for some technical reason, it is simply returned to the submitter and it's as though it was never submitted. I'm sure it's not logged into their computer system in any way, so the clerk(s) with whom you spoke would not have seen any evidence of it -- and/or would not have given out any information to a random caller for confidentiality reasons. (See, you're not simple, but you were definitely random.)

One more small point:
"Since the merger agreement explicitly stated that the merger is effective when filed in NY, I suppose that some will argue that all they had to do was submit the paperwork."

As you can gather from the above, "submission" is not "filing" until it is accepted.

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