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Replies to #3572 on Stem Inc (STEM)

minten

08/17/16 1:34 PM

#3578 RE: ErnieBilco #3572

look, there are strict rules in security law. you can't just create shares like that and send them to someone's brokerage account in minutes, it's a procedure you need to follow with the depository and the exchange where your company is listed. you can't just say: look, here's 1 million shares, you need to follow the actual rules.

the only way to sell before you get the shares is sell short, then wait until the new shares hit your account to clear out your position. In STEM that's not going to happen; the shares are almost impossible to find short.

a signature loan is, as you say, a loan. it has absolutely nothing to do with the securities law / the process of new shares being created.

minten

08/17/16 1:42 PM

#3582 RE: ErnieBilco #3572

not sure why i bothered, but here you go: from the 2015 STEM warrant document. the exact procedure that needs to be followed. also note THREE (trading) DAYS is the magic number here, then those shares become available, not today.

"Exercise Shares purchased hereunder shall be transmitted by the transfer agent of the Company to the Holder by crediting the account of the Holder’s prime broker with the Depository Trust Company through its Deposits and Withdrawal at Custodian (DWAC) system if the Company is a participant in such system, and otherwise by physical delivery to the address specified by the Holder in the Notice of Exercise by the date that is three (3) Trading Days after the delivery to the Company of the Notice of Exercise (such date, the “ Exercise Share Delivery Date ”), provided that the Company shall not be obligated to deliver Exercise Shares hereunder unless the Company has received the aggregate Exercise Price on or before the Exercise Share Delivery Date. This Warrant shall be deemed to have been exercised on the date the Exercise Price is received by the Company. The Exercise Shares shall be deemed to have been issued, and Holder or any other person so designated to be named therein shall be deemed to have become a holder of record of such shares for all purposes, as of the date this Warrant has been exercised by payment to the Company of the Exercise Price."