News Focus
News Focus
icon url

JJSeabrook

04/02/07 10:49 PM

#995 RE: Mr. Bill #994

"Fresh-Start Accounting: As required under the provisions of S.O.P. 90-7 “Financial Reporting by Entities in Reorganization under the Bankruptcy Code” (SOP 90-7), the Company is required to apply “fresh-start reporting” after emerging from Chapter 11 and after all material conditions precedent to the bankruptcy plan becoming binding are resolved. Although the Company’s reorganization plan was confirmed on April 13, 2006, certain significant aspects of the Plan (see items 1., 2., 3., and 4. in Note A) were not completed until September 2006. Accordingly, the Company will apply “fresh-start reporting” effective October 1, 2006."

"NOTE E – PREFERRED STOCK


All of the rights of the preferred stockholders were terminated as a result of the plan of reorganization approved by the Bankruptcy court effective March 31, 2006. See Note A.


The Company has authorized 2,000,000 shares of preferred stock of which no shares are outstanding at September 30, 2006. Please refer to the Company’s Form 10-KSB as of December 31, 2005 for a full description of these placements. The preferred stock previously outstanding was cancelled effective September 8, 2006, as part of the Company’s Plan of Reorganization."

What does NOTE "A" say? In pertinent part:

NOTE "A"

4.

All current outstanding common and preferred shares, and all outstanding stock options, will be cancelled. This cancellation was completed September 8, 2006.

JJ
icon url

Fedex11 ©

04/02/07 11:02 PM

#997 RE: Mr. Bill #994

yes it does say restricted I will hold lol GLTA
icon url

JJSeabrook

04/02/07 11:26 PM

#999 RE: Mr. Bill #994

I "think" it's more a matter of what should be done under good accounting principles than by an order of the court. It appeared to be voluntary to me.

JJ

Posted by: Mr. Bill
In reply to: matrix who wrote msg# 990
Date:4/2/2007 10:34:29 PM
Post #of 998

Pursuant to the Bankruptcy Court Order, on September 8, 2006, the Company issued new common stock: 25,000,000 new shares of restricted common stock to investors, and 29,800 common shares to certain creditors.

Can the court order the stock to be restricted and if they do so will it override a normal exemption?
icon url

matrix

04/03/07 8:11 AM

#1007 RE: Mr. Bill #994

I don't know what the BK order says. Perhaps JJSeabrook can access a copy.

If the court placed a holding period on the stock, it's still exempt from registration. Once the holding period (if any) is over, they can start selling into the float w/o informing the public ahead of time if they want.

icon url

MWM

04/03/07 8:25 AM

#1011 RE: Mr. Bill #994

Clearly the MOASS is coming! 25 million Restricted!