Replies to post #242119 on Wave Systems Corp. (fka WAVXQ)

[aleajactaest]

that's to say, a healthy company with a large cash balance and/or a profitable business might interpret the need to report a material transaction rather differently.

it's because wave is in such a parlous condition that the 8k reporting requirement is triggered.

thus in my opinion, the presence or absence of an 8k report declares the existence of signed material contracts at wave to within 4 business days.

[dig space]

I must not have been clear,

in short, yours appears to be saying:

If material and not usual then 8k

*and*

If not 8-k then not material.

as in that 30k seats for $600k was "a non-material event in the ordinary course of business" to which I responded that the 30k seats for $600k (hypothetically) is indeed material. Material to me, you, Wave and AAPL.

Again, Form 8-k obligates the reporting of material events ... but not all material events, only those material events not in the normal course of business, but those that occur in the normal course of business do not suddenly become "non-material" by the fact that they are not 8-k reported.

8-k has no power to make an event material by inclusion or non-material by exlusion. It is simply a place where a subset of material events gets reported.

I don't think I set up at any point the notion of 8-k summoning non-ordinary non-material events, I simply quibble with non-8k events being called non-material simply because they were not on 8k.