I can think of three ways it was abused: 1) It was clearly abused to funnel build out Avid. A manufacturing company does not use ATM funds there are so many cheaper sources of money. 2) It was abused to pay the BOD of a failing penny stock selling for $.3x a share more than most Fortune 500 companies. 3) It was abused by using ATM funds to maintain a staffing level the same pre-Sunrise failure as after.
ATM funding in the hands of weak management is problematic. It is a moral hazard that you feel can bail you out of any failure.
Ever since the P2 Debacle,every time King and Company uses the ATM it would be considered an ABUSE. After the P3 Failure, it would be considered rampant abuse of the ATM.
Stupid stumbling decisions made by the Management Team does not make the use the the ATM valid.