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masko23

06/27/09 4:11 PM

#50292 RE: 829 #50291

Safe Harbor only applies in acts committed in 'good faith.' the hirings that have been done would have been done to purpetuate deception, thus safe harbor would not apply

drifterfcrc

06/27/09 4:56 PM

#50317 RE: 829 #50291

Exclusions

Except to the extent otherwise specifically provided by rule, regulation, or order of the Commission, this section shall not apply to a forward-looking statement--

1. that is made with respect to the business or operations of the issuer, if the issuer--

1. during the 3-year period preceding the date on which the statement was first made--

1. was convicted of any felony or misdemeanor described in clauses (i) through (iv) of section 15 (b)(4)(B) of the Securities Exchange Act of 1934; or

2. has been made the subject of a judicial or administrative decree or order arising out of a governmental action that--

1. prohibits future violations of the antifraud provisions of the securities laws;

2. requires that the issuer cease and desist from violating the antifraud provisions of the securities laws; or

3. determines that the issuer violated the antifraud provisions of the securities laws;

2. makes the forward-looking statement in connection with an offering of securities by a blank check company;

3. issues penny stock;

http://www.law.uc.edu/CCL/33Act/sec27A.html