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Krombacher

11/25/20 12:11 PM

#342410 RE: lovemelongtime #342406

I'll do it.

The SEC has rejected the Division's motion to revoke ERHC's status for two reasons.

The first reason is simple, the Division filed the wrong motion and should've filed a summary disposition (whatever that is) instead. So it's a procedural technicality because ERHC had responded, the Division can't just say motion to revoke and must address ERHC's response in a summary disposition.

But the SECOND reason is more interesting than a mere technicality.

I quote:

the Division does not cite or apply the controlling standard. A movant must show that “even accepting all of the non-movant’s factual allegations as true and drawing all reasonable inferences in the non-movant’s favor, the movant is entitled to a ruling as a matter of law."

The Division does not identify and cite to undisputed allegations of the OIP and assert that they entitle it to the relief it seeks, as it must.

ERHC averred in its answer that it had “duly and timeously [sic] filed its periodic reports for over 10 years,” and cited pending litigation subject to a state court “sealing order” as “restraining any disclosure” and “depriving [ERHC] of the resources to meet certain regulatory obligations.”

The Division focuses only on ERHC’s concession that its Form 10-Q is delinquent and does not address the substance of its answer.



The part in RED above says that ERHC's defense of gag order is valid, and that the Division MUST address the "gag order" issue.

That could take years. I mean it took us 10 years or more to understand everything about ERHC. Now the Division must look into this matter and determine the impact of the gag order on the submittal of financials.

In those years, we should definitely have a resolution between Total and Kosmos.

I see this as extremely good news.

Krombacher
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Opus X

11/25/20 12:28 PM

#342412 RE: lovemelongtime #342406

LMLT, I see that Krom broke it down....all a good thing as he said.

My words are: no immediate revocation of the ERHE registration which means the stock will continue to trade publicly.

I do have several questions on the response, but I may do some digging and then we can discus.

Opus X