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rrufff

04/04/07 9:44 PM

#3893 RE: hockeypond #3892

Whether I am an attorney, a hockey pond or otherwise has no bearing on my answer, its merits or lack of same. Please keep to the discussion and put the personal issues aside. A lousy post from someone claiming to be an expert is not as good as a great opinion from someone irrespective of his or her background.

You don't seem to be comprehending the posts I've made. You've basically said that AVTX isn't working out so Ball can arbitrarily take the business and give us "frogs." Maybe Moses could do it to Pharoh but Ball can't arbitrarily do anything unless it is fair and reasonable to those to whom he has a fiduciary relationship.

And, as I posted before, for the sake of argument and as you and Ball seem to be claiming, let's say the current business isn't that great. He can't just grab it and say the current share price is all investors can get. If he tried to buy all the shares in the open market, he'd have to pay much more than two cents. When the proposal comes through in a proxy, I'm almost sure there will be an expert opinion from a paid financial outfit that claims the deal is fair and reasonable, based on comparative values of other businesses. It will be the best opinion that he can buy.

As for whether or not he induced people to buy, he issued PR's, filings, and other communications over the years that mentioned revenue streams, contracts and even possible dividends. This would all be part of any court action claiming that the price being offered for the old business was unfair and unreasonable, particularly given the fact that the current business is closer to paying off than ever, again according to the communications issued by Ball.

Ball controlled the information flow and affected the share price.

I'm not saying he did anything "wrong" so don't get upset in your defense of his actions. I'm not even saying he is being unfair. I'm merely pointing out that there are options out there available to shareholders even if they don't have the votes necessary to block this action. The key is "fairness" and whether or not his actions are reasonable in light of his fiduciary duties to minority shareholders.

If you don't feel confident discussing my posts, go grab your local attorney and speak to him or her and tell me how I am wrong.