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jonesieatl

07/05/09 12:36 PM

#177892 RE: clawmann #177888

clawmann ... thanks ...

"based on my recollection" Yes, that's my recollection as well, that there WAS some anti-shorting language somewhere in the past, but not re: every financing instrument. There may even be loopholes embedded in the language, or somewhere along the way there may have been some language in one filing or another negating those original statements ... or not. I'm just curious.

jonesie

clawmann

07/05/09 12:38 PM

#177893 RE: clawmann #177888

Well, I just did a quick search though the Series C tansaction documents from ealy 2006, and I can't find an anti-shorting provision.

Interesting, since there was an anti-shorting provision in each of the prior SEDAs.

Also, after another quick read through, I was struck by how ridiculously one-sided the Series C transactional documents are. It appears to me that these docs were drafted by YA (not surprising) and then signed by Neom without any real negotiation. Could have been that Copus and Dodge (and others) were so hot to get this deal done (even though there was no real "need" for this deal as I believe we still had a SEDA in place at the time), that the the BOD just approved the docs as received.






yellowjacket

07/05/09 1:46 PM

#177896 RE: clawmann #177888

It's there. I read it too...way back when. YJ.