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Re: lesnshawn post# 295093

Friday, 09/20/2013 10:38:52 AM

Friday, September 20, 2013 10:38:52 AM

Post# of 326435
lesn: Soon-Shiong's filing would be based on a November 2012 10Q filing so he exceeded the threshold for a February 15 13D/G filing requirement at 6.5%.

However, the analysis is incorrect in that he would have to still file even if he fell below the threshold level.*

The highest dilution we have had during any reporting period since Q1 2009 was 37%. It would not be safe to assume in was 75%.

*(2) The Schedule 13G filed pursuant to paragraph (b)(1) of this section shall be filed within 45 days after the end of the calendar year in which the person became obligated under paragraph (b)(1) of this section to report the person's beneficial ownership as of the last day of the calendar year, Provided, That it shall not be necessary to file a Schedule 13G unless the percentage of the class of equity security specified in paragraph (i) of this section beneficially owned as of the end of the calendar year is more than five percent; However, if the person's direct or indirect beneficial ownership exceeds 10 percent of the class of equity securities prior to the end of the calendar year, the initial Schedule 13G shall be filed within 10 days after the end of the first month in which the person's direct or indirect beneficial ownership exceeds 10 percent of the class of equity securities, computed as of the last day of the month.

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