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Gatsby

01/06/16 6:21 AM

#94016 RE: gman22 #94013

If we see an 8K from COO, we won't have to worry about mojo going... a all new type of trading action will surface.

At this stage, I think that an agreement was reached but not signed before end year.
If a binding agreement is signed and is "material" for COO, they must file an 8K withing a few days.
I assume that they agreed to a step-by-step approach after reaching the deal:
- EPGL PR's with content checked by COO
- signature of the agreement
- if material: 8K from COO

The question is about what is material or not for COO and COO investors. Here below a few copy-paste.
the terms "normal course of business", "material for investors" are important: size of the deal is a key, another key is to know if it is an agreement "in the normal course of business" or not.


for ref about when a 8K must be filed:

Item 1.01 Entry into a Material Definitive Agreement.
• “Material” agreements are those that provide obligations that are material to and enforceable against the Company, or rights that are material to the Company and enforceable by the Company against one or more parties to the agreement.
• It is likely that all agreements requiring board or shareholder approval would be filed under this Item.
• This includes “definitive” agreements but not non-binding term sheets or letters of intent.
• Filing the agreement itself as an exhibit is encouraged but not required. If the agreement is not filed as an exhibit to the Form 8-K, it will be required to be filed with the Company’s next periodic report (e.g., its Form 10-Q or Form 10-K, whichever comes first).
• Material employment agreements are usually reported under Item 5.02.



material:


Form 8-K provides investors with current information
to enable them to make informed decisions. The
types of information required to be disclosed on
Form 8-K are generally considered to be “material.”
That means that, in general, there is a substantial
likelihood that a reasonable investor would consider
the information important in making an investment
decision.



Item 1.01 – Entry into a Material Definitive
Agreement
This item requires disclosure of certain material
agreements not made in the ordinary course of
business, or material amendments to those agreements.
For example, if a company takes out a five-year loan
with a bank or signs a long-term lease, and the loan or
lease is material to the company, the agreement must
be reported here. But if a retailer already has a chain
of stores and signs a lease for one more, the new lease
generally would be in the ordinary course of business
and would not be reported here.