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lt56

10/26/10 10:14 AM

#2878 RE: DonShimoda #2862

I have been trying to understand this timing of this dilution but I can't.There is very little good here.

I had assumed that there would be a deal out there for about 100 million up front for a 50-50 deal for 534 and the acquiring company paying all expenses going forward on 534. The stock would have been up at least 2 points and the Succeed trial would have been more of a peripheral event. Obviously that wasn't there because if it was and Harvey didn't take it he is an idiot and totally reckless.

The fact that he did this financing now instead of waiting the approx. 3 months for the succeed results says volumes about Berger's confidence about those results. Positive Succeed results would have doubled the stock and enabled Bergen to raise money at about half the dilution.

You can spin this anyway you want but if you look at it rationaly this says volumes about where ARIA is and is going and it is a lot more mixed than before. I own a very large position ( by anybodys standards ) and have always been willing to grant Berger the benefit of the doubt but now I am rethinking my commitment to this company.