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cmf

07/28/03 12:38 PM

#942 RE: cpa #941

cpa:

Isn't that exactly what happened with globalwave??

They didn't sue, but they weren't very happy about it either...

TonyMcFadden

07/28/03 12:39 PM

#943 RE: cpa #941

cpa, get a grip.

There is/was no promise There was an expectation. Perhaps the investors should check with SEC and get them to speed things up for them.

The filing states :"The Series H Securities are not convertible or exercisable until the trading day following Wave's shareholder meeting which is currently planned for Monday, July 14, 2003."

rachelelise

07/28/03 12:43 PM

#945 RE: cpa #941

CPA

You can do anything you want in the US. One would need to consider the reason the delay. Also the "damages". Also I assume that since wainright put this consortium together and wainright is actively working with wave on their current needs and wainright likely had something to do with the "delisting" rally maybe fueled by the same people, that there is some management going on. But i do not know the reasons for any of this and have trouble believing it is due to typos.

SPIN

07/28/03 1:11 PM

#958 RE: cpa #941

CPA

haven't read the agreement in enough detail, but would hope w/$2-300K in recent legal fees, that there was language in the K to address such a scenario.

but if not, sure. IMO there would surely be a cause of action for breach.

Wave might be able to defend on imposibility of performance or something similar, but usually impossibility defenses don't work (see Suez Canal cases & progeny).

anyway.

SPIN