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clawmann

04/27/06 11:14 AM

#70802 RE: edster1 #70800

No. It's not legal. You have conspired a scheme to comply with the letter of the 5% rule while violating its purpose. There are other more generally written provisions that would catch this.
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brewskih

04/27/06 11:24 AM

#70816 RE: edster1 #70800

Thats not plausable Edster. Each of your shares would be in each of your names, and to consolidate them into 1 name for controlling interest, you would all have to form some type of corporation and then apply to have the certificates converted over to that corporations name. That would give NEOM the time and warning to execute the poison pill. Of course if you all trusted each other, you could leave them in individual names and enter into some kind of partnership agreement where you all have to vote the same, and then you hold enough shares to control the vote on key issues. But that wouldnt give you controlling interest in the company per se. Just the voting issues.