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Re: DarthYoda post# 141448

Sunday, 09/15/2013 7:38:52 PM

Sunday, September 15, 2013 7:38:52 PM

Post# of 238163
I think that's a misinterpretation of Rule 144

You pointed to this quote from Side's letter as proof that the SEC requires a Form 144 even if one doesn't intend to sell:

Yes, I have registered my ability to liquidate 1% of the outstanding shares as required by the SEC.


It's not proof, but only an affirmation from Sides that she's following the SEC rules rules that if she wants to sell shares totaling up to 1% of the number of outstanding shares per three month period, she has to file this form.

I see nothing in the SEC rules that says you have to file if you don't want to have the option to sell:

http://www.sec.gov/investor/pubs/rule144.htm

BTW, her filing this 144 doesn't mean she plans to sell, only that she's keeping her options open.

One more thing: The earlier form 144 filings likely expired without her doing any selling, since the company said she didn't sell.

Still, it would be far better if she, and other MJNA execs with shares, would file Form 3 and Form 4 filings with the SEC.