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Toxic Avenger

10/25/10 5:28 PM

#9321 RE: WhiteSahara #9320

It also provides money to the company to actually execute their plan. His open market buys simply pay off selling shareholders. It does dilute, unlike open market purchases, but as long as the price isn't too discounted, or floating (aka, "death spiral financing"), it usually good for shareholders, especially if the company does not have a lot of working capital.

From the buyer's perspective, the reason for buying restricted shares (making a PIPE investment) usually is a price discount as well as providing needed funds for the company.
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mediaguy

10/25/10 6:37 PM

#9323 RE: WhiteSahara #9320

Again, not true for over 10% ownership in a company.
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mediaguy

10/25/10 6:48 PM

#9325 RE: WhiteSahara #9320

SEC RESTRICTION RULE FOR AFFILIATES. 10% Ownership makes Tice an Affiliate.
According to SEC rules. He falls under 1% rule.
1% is about 600,000 so I believe that he cannot sell more than 600,000 shares over 90 days.
This is copied from SEC website. SearcH 144 rules.
Trading Volume Formula. If you are an affiliate, the number of equity securities you may sell during any three-month period cannot exceed the greater of 1% of the outstanding shares of the same class being sold, or if the class is listed on a stock exchange or quoted on Nasdaq, the greater of 1% or the average reported weekly trading volume during the four weeks preceding the filing a notice of sale on Form 144. Over-the-counter stocks, including those quoted on the OTC Bulletin Board and the Pink Sheets, can only be sold using the 1% measurement.