Yes, Erhc is not marketing to public investors.
No, it is only an assumption to say that Total isn't interested. Clearly it is interested in erhc's properties as the 400 page court document shows. And what easier way to get those properties than to buy out Erhc?
At a market valuation of barely 2 million, Total would surely buy erhc out for that price. But clearly any company interested in buying erhc will pay much more than that. Hence, selling out to the shorts is foolishness and no long term investor who understands this will.
Furthermore, if your hypothesis is that erhc no longer wants public investors then what is the exit strategy? If not public investors then that can only mean that erhc is marketing to private ones. You can't have it both ways. Either private or public. It can't be neither.
One also has to understand Nigerian culture. Disparaging public remarks and unwarranted criticism of management would cause any Nigerian to withhold information to prevent anymore fodder to those who gossip.
The strategy has worked since the only point of contention among critics of the company remains the share price, which everyone else knows undervalues the company.
The Company was not ignoring the "safe guards" of the SEC. The company was protecting its shareholders by diverting filing funds to litigation.
If the company were so averse to its shareholders then why bother protecting itself? Why not just go bankrupt?
It didn't.
Furthermore two court ordered gag orders prevented it from disseminating the most important information affecting the financials the most and that was its deal with Total. Hence, releasing any financials without exposing that information would've rendered the financials meaningless.
Shareholders are not stuck. The name of the game has always been for erhc to monetize its assets through partnering with large oil companies with an eventual buy out. It makes no difference whether the company is public or private.
Going private is also keeping with the Nigerian culture I spoke of. In a private version of erhc, erhc can communicate freely with its shareholders without reprisals due to the SEC's reg FD, without having critics besmirching its reputation because critics won't get to be in the information loop.
I'm glad you state that the Company will be run by Offor and friends. The only way that can happen is if Offor and friends are majority shareholders and if they are and since the small group owns 50+% of the shares, then that means short sellers in erhc exist. And there's your proof.
We already established that the bylaws do not require costly annual shareholders meetings.
Revocation land will be great. Nothing changes with the investment objectives whether private or public.
It's the shorts who are in a nightmare scenario that as dividends and buyouts occur, they will have to pay them into perpetuity or until TOT shares are delivered.
Krombacher