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TheSkunk

04/21/14 10:13 AM

#63050 RE: Pennyboy20 #63048

In most situations you would be exactly right however, YA Global has to approve of any transaction such as that in this instance.

http://www.sec.gov/Archives/edgar/data/1125280/000101376214000222/ex101.htm

(h) Corporate Existence. So long as any of the Convertible Debentures remain outstanding, the Company shall not directly or indirectly consummate any merger, reorganization, restructuring, reverse stock split consolidation, sale of all or substantially all of the Company’s assets or any similar transaction or related transactions (each such transaction, an “Organizational Change”) unless, prior to the consummation an Organizational Change, the Company obtains the written consent of each Buyer. In any such case, the Company will make appropriate provision with respect to such holders’ rights and interests to insure that the provisions of this Section 4(h) will thereafter be applicable to the Convertible Debentures.



So it can be done with YA approval but at that point, how does that benefit YA since it prevents a default? The argument that they want to see the PPS go higher is hollow because if they have a way of taking control of the company AND reaping the future potential of the company regardless of whether SVFC the stock is still in existence or not, which do you think they'd choose?

This is where it helps knowing who we're dealing with and their track record.