I think in the past 2 days even more went VYST's way with the judge also! Waiting to hear from a shareholder here who get's us the best DD. Get ready to see the chase of everyone's life above to find shares if a massive amount shares need to be repurchased from EMA! Looks like they boke the aw IMO. "VYST vs EMA Court Dockets 11-14; ORDER TO SHOW CAUSE
For those that were expecting to see some shares sold tomorrow per the older conversions, quite the contrary. I'll just say to expect to see no conversions tomorrow and I believe never again here with VYST where I believe there will prove to be sound reasoning for where the judge will rule in favor of VYST... in my opinion. See the Court Dockets below... specifically Court Docket #12 where it says... ORDER TO SHOW CAUSE:" Picture below: https://investorshub.advfn.com/boards/read_msg.aspx?message_id=147023335 .
Court order that requires a party to appear before the court and explain why a certain course of action should not be taken against it. If the party cannot convince the court or fails to appear, that course of action is taken. Also called order to show cause. http://www.businessdictionary.com/definition/show-cause-order.html
According to the docket, VYST has the burden of proving to the judge why those shares should not be issued to EMA. That could be rather difficult given the terms of the note. IMO
From January 1, 2018 and through the date of these financial statements, the Company has issued certain convertible and contingently convertible promissory notes in varying amounts, in the aggregate of $607,500. The face amount of the notes represents the amount due at maturity along with the accrued interest, at which time that amount may be converted into shares of the Company stock based on the lowest 2 day closing price for the trailing 20 days prior to conversion and carrying a 35% discount. The contingently convertible notes provide for interest to accrue at an interest rate equal to 12% per annum or the maximum rate permitted under applicable law after the occurrence of any event of default as provided in the notes. At any time after 180 days from the issue date, the holder, at its option, may convert the outstanding principal balance and accrued interest into shares of common stock of the Company. The initial conversion price for the principal and interest in connection with voluntary conversions by a holder of the convertible notes ranges from $0.05 to $0.10 per share, subject to adjustment as provided therein. If the total outstanding balance of the contingent convertible notes were convertible as of September 30, 2018, they would have been convertible into approximately 26 million shares of the Company’s common stock. Based on the variable conversion price, the Company recorded initial derivative liabilities of $541,492, debt discount of $394,069 and interest expense related to the excess fair value of $147,423 upon the date such notes became convertible.
Maybe you were typing too fast, but I need some punctuation and a grammar check to try and translate what I think you mean.
I believe never again here with VYST where I believe there will prove to be sound reasoning for where the judge will rule in favor of VYST.
ORDER TO SHOW CAUSE which means they will have a chance to prove their innocence and they have plenty of proof:
What is the point of your post regarding the review in March and a judge's prior decision? Is this good or bad for VYST shareholders? I thought these shareholders paid off by VYST?
VYST has to show why the order should not go into effect. EMA only has to show up. They already won. VYST is contesting the win and has to show why the Order should not be entered.
This suit looks obviously frivolous to me, a case of this toxic lender thinking “oh, we want to convert” in hindsight.
Worst case scenario: they get 20m shares (who cares) Best case scenario: VYST seems discovery of all their transactions in VYST and the original terms of the loan are followed according to the law. I assume that means they can pay the note off as that’s the terms of any note.