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lesnshawn

03/07/09 2:55 PM

#156068 RE: Vercingetorix #156065

jcg0176: Remember though, the indebted entity isn't forced to sell the collateral'ed assets. If the indebted entity sees an avenue where they can be paid off via other means by the debtor then they can surely work something out w/ the debtor so the debtor can regain control of their collateral'ed assets.

IMO, by YA seemingly not relentlessly selling into the USPTO validation news (and subsequent 300-400% pps increase) speaks volumes and screams to me that they are working on doing just that...accepting payment via other means rather than simply selling off the patents, etc. to the "highest bidder".

I do think you are correct though (although, admittedly I'm not a financial wizard) that if any NEOM's assets (patents) were sold and the sold price were more than what YA were owed, then yes, the extra money would, IMO, go back to NEOM. After all, what legal right would YA have to take more than what they are legitimately owed?

lns
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jonesieatl

03/07/09 4:29 PM

#156075 RE: Vercingetorix #156065

jcg, you could be right.

I'm not trying to convince anyone to share my opinion or change theirs ... just stating mine. As someone else said the other day ... "discuss amongst yourselves". ;)

What ifs:

(1) -- what would force YA to hold an auction? I've shown SEC filings for other YA clients where they took those companies' assets/IP/etc when they were in default and in one case that I recall , put those assets into another publicly-traded company they had their hooks in. YA's actions had nothing to do with how much was owed to them ... it was solely based on the default situation and because ... YA could do it if they wanted to.

The shareholders were shocked.

Nothing changed due to their shock.

(2) -- after selling their endless supply of shares to the public for as long as people seemed willing to buy , and/or not seeing the stock appreciate like in times past , even with some arguably good news out there ... YA decided to give it up and sell NEOM to an entity who had made overtures at a cocktail party.

After having made that decision in their minds , YA defaults NEOM , owns everything , waits a 'proper' and discrete amount of time and closes the sale.

I imagine there are several ways YA could accomplish getting ALL the value out of NEOM if they want to , when they want to. My speculations as to the 'how' could be wrong , but that doesn't mean there aren't ways.

Again , not saying you're wrong , just voicing my opinion based on all the things I've seen YA do , many of which left retail shareholders flat-footed and mouths agape.

Like I said earlier , here's hoping that YA sees a calculable benefit in keeping NEOM around as a publicly traded company trading under the symbol NEOM. (I know, they could change the symbol without changing anything about the shareholder structure, but everybody knows what I mean lol)

jonesie