ERHC is not in violation of disclosure regarding issuance of convertible debt...
the 10Q's have this type of wording:
PLANS FOR FUNDING OF POTENTIAL ACQUISITIONS
ERHC's future plans will depend on the Company's ability to attract new funding. The Company is implementing a series of steps to fund the geophysical work, including magnetic/gravity and seismic surveys, prior to securing potential farm-out on Chad acreage. The fund raising might include:
· Farm-outs of part of the Company's assets in Kenya, Chad and the Sao Tomé and Príncipe Exclusive Economic Zone
· Issue shares of common stock through a registered direct offering
· Convertible loans and other debt instruments
· Other available financing options
That sounds like disclosure that they may issue convertible debt if they want to do so.
It's nice that you quoted the Form 8-k instructions but I wish you would have quoted it in its entirety in order to put in context. Too bad there was no link provided...but I will provide it.
5. If the obligation required to be disclosed under this Item 2.03 is a security, or a term of a security, that has been or will be sold pursuant to an effective registration statement of the registrant, the registrant is not required to file a Form 8-K pursuant to this Item 2.03, provided that the prospectus relating to that sale contains the information required by this Item 2.03 and is filed within the required time period under Securities Act Rule 424 (§230.424 of this chapter)
Thank you. Maybe a dozen or so complaints by shareholders to the SEC would get their attention and result if flushing Ntephe out of his cave of secrecy !
This is a public company Peter in case you are too slow to have figured that out !