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olddog967

07/02/04 1:51 AM

#74478 RE: Desert dweller #74475

Desert dweller: Did you see my previous message on the subject (#74365). Based on a IDCC's rules it looks like it may not have been a planned sale.

http://www.investorshub.com/boards/read_msg.asp?message_id=3465816

vg future called Janet to ask about the sale. Haven't seen a response posted.

http://www.investorshub.com/boards/read_msg.asp?message_id=3466039



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rmarchma

07/02/04 7:47 AM

#74483 RE: Desert dweller #74475

Ddweller re Merritt's sale being preplanned or discretionary

Although I am not absolutely positive that Merritt's sale was a voluntary discretionary sale, I am fairly certain that it was discretionary and not a preplanned 10b5-1 sale. Olddog posted IDCC's official policy regarding 10b5-1 preplanned sales. Since Merritt's sale was not from restricted stock or from exercising options expiring within one year, then his sale doesn't fit IDCC's stated criteria for a 10b5-1 preplanned sale.

Also IDCC had given previous disclosure that both Campagna and Goldberg would be using 10b5-1 preplanned sales in conjunction with expiring options in 2004. However, there was no previous mention of Merritt using preplanned sales, only Campagna and Goldberg.

Lastly if Merritt's sale was preplanned, then that fact could have been footnoted on the F4. There was no mention on the F4 that Merritt's sale was preplanned under 10b5-1 rules. However, that is one thing that bothers me about Campagna's sale. Campagna's sale did fit the criteria for a 10b5-1 preplanned sale from expiring options and I think his was preplanned, but it was not noted as such on the F4. I would think that IDCC should make sure that any insider sale involving a 10b5-1 preplanned sale would be so noted on the F4 to help minimize the damage arising from insider selling.

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billy jo

07/02/04 9:16 AM

#74496 RE: Desert dweller #74475

a complete unrelated question to the current Marritt issue; is he the only one who is selling our product? seems that having a product that has a world wide potential should have several sales people knocing on doors; what happens if he becomes indisposed from sickness etc. and how much of a staff does he have assisting him. We all feel that more licensees should be coming on board, could this be part of the problem?