i always thought dm's wording were kinda catchy meaning he is cya in his pr's meaning he left it open he doesn't have to buy the full amount as stated, but saying he doesnt feel a rs would be in the best interest of the share holders and then does it. guess he forgot about the share holders. a gagged ta, hmmm.
In my opinion and only my opinion, for you folks who want to compare advise regarding similar legal matters, take a look at "SEC vs. Darryl A. Goldstein and Christopher L. O'Donnell
(LR-20403 Dec. 18, 2007 Darryl A. Goldstein and Christopher L. O'Donnell)