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olddog967

08/19/11 10:36 PM

#332623 RE: dmiller #332612

dmiller: I posted this several days ago,

Fog: Give it up. The SEC 8-K report covers specific item that a company is required to report on a current basis. There is no requirement for a company to disclose what you call a "material fact". In addition to the specifically listed items, as stated below, a company "may, at its option" disclose other information which it deems important.

Section 8 - Other Events
Item 8.01 Other Events.
The registrant may, at its option, disclose under this Item 8.01 any events, with respect to which information is not otherwise called for by this form, that the registrant deems of importance to security holders. The registrant may, at its option, file a report under this Item 8.01 disclosing the nonpublic information required to be disclosed by Regulation FD (17 CFR 243.100 through 243.103).

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Wouldn't the company have to make that public as it is material?