Replies to post #48577 on Top Shelf Brands Holdings Corp. (DKTS)

[BigBake1]

And yet that has nothing to do with their current issuance, they were returned to the TA. The TA is now issuing a new certificate to the new parties who have different terms of "consideration", and that consideration is based upon the terms of their debt assumed at that time. The original shares were purchased in 2011 as part of the acquisition of the shell, so the holding period would be based upon that "CONSIDERATION".

[Carini]

Right, but according to the PR the 125m being surrendered are not the same ones that are being issued to Victory. They are not being "passed along," in other words, from the shareholder to Huffy/Klein.

Instead, the 125m that you say were issued in April 2014 are being surrendered back to the company (in exchange for what we don't know), and then a new 125m shares are being issued/exchanged for the 1B outstanding shares from the lawsuit.

My question, then, is what will be considered the issuance date for those new 125m shares that Huffy/Klein are getting, since the rule they are being exchanged under apparently allows the issuance date of the original 1B shares (which I believe was in 2011?) to be used for the "new" 125m.

So it is possible that the Rule 144 holding period for the new 125m shares has already expired, and they could be sold as soon as they are received. Just looking for some confirmation as to whether that is not the case, and if not, when the 125m shares going to Victory could be sold.