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24601

01/06/04 6:44 PM

#25252 RE: Doma #25248

I'm sure that SPIN did not mean to imply that the proceeds of the placement were not received in November. I think he knows that registering the shares for transaction in the secondary market is a question apart from issuing them to accredited investors for cash in the primary market.

Best wishes,
John


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SPIN

01/06/04 8:05 PM

#25253 RE: Doma #25248

Doma, 24 is correct.

the failure to register results in an inability to sell for the PPers, which might be good for you in the short term (e.g., 3,725,263 shares are not yet looming), but maybe somewhat less than good down the road if those PPers don't all think like Zen says his acquaintance thinks.

hey, if it were me, i'd be thrilled to hold paper that i couldn't sell, especially when it's been below my price virtually every day since the consideration was tendered & subject to a formal SEC investigation.

wonder if there's a performance deadline for registration in the PP contract?

wonder what the PPers remedies are in the event there is such a provision & Wave does not adhere to it?

wonder what contingency plan Wave has (if any) in the event that there are claims for breach from the PPers if there is such a performance clause & it is not met?

but Baby New Year says "Things are good!" so it's all prolly a tempest in a teapot & "high's" predictions of $5-6M in Q revs is a lock, 'specially when he has the super secret "BIG" announcement in January scoop.

remember, SKS said there wouldn't be any fun in wavx w/out all the risk.

to which i would ask SKS, what is the first 2/3s of FUN?