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mediaguy

10/25/10 11:51 PM

#9332 RE: WhiteSahara #9329

Tx. I think the real question, is whether his shares go back into certificate form to get a 144 legend,
if yes and phantom shares were sold to him, then there may need to be some buying to produce shares , 20% would mean 1.2 million shares, 30% 1.8 million. I am not sure about this but i find it interesting speculation.
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Toxic Avenger

10/26/10 6:28 AM

#9336 RE: WhiteSahara #9329

Your own posts shows I was right. These were open market purchases, not "Restricted securities are securities acquired in unregistered, private sales from the issuer or from an affiliate of the issuer.".

The holder must be "in a relationship of control with the issuer. Control means the power to direct the management and policies of the company in question, whether through the ownership of voting securities, by contract, or otherwise".

Tice owns 10%. That is not a "control position". 51% is a control position.

Look at my earlier posts to see that a 10% owner is specifically defined as NOT a control person.

Think about it. Why would anyone buy open market shares for 10% of the company if they were going to get the same restrictions placed on them as a PIPE, with none of the PIPE advantages (discounted shares, money to the company)?

So I wouldn't look for any restrictions on the 6 million shares.