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PhenixBleu

03/27/20 6:31 PM

#185554 RE: BesaoT35 #185532

Yes, the non-existent Wells Notice would require an 8-K. There wasn't one and won't be one. The JF case is over and out. OWC was never the subject of the SECs investigation.

I-Glow

03/28/20 12:30 PM

#185576 RE: BesaoT35 #185532

No, a company doesn't have to disclose they received a Wells Notice.

"Disclosure of Wells Notices Not Required by Section 10(b)

A recent decision of the United States District Court for the Southern District of New York has held that Section 10(b) of the Securities Exchange Act of 1934 does not require companies to disclose their receipt of a Wells Notice."

https://www.kkwc.com/wp-content/uploads/2015/02/disclosureofwellsnotices.pdf

A material event is something that has happened - a Wells Notice is the SEC is going to take enforcement action against the company but it hasn't happened yet - plus the company has to respond to the SEC - so it isn't something that happens immediately.

IG