The warrant-exercise procedure in document 14-1 is complicated, but Section 2(a)(ii) contemplates a "cashless exercise," whereas Section 2(a)(i) contemplates cash in conjunction with the exercise.
I have not evaluated whether the BME attempt to exercise the warrant properly fell within the bounds of Section 2(a)(ii) versus Section 2(a)(i).
17. On February 22, 2012, BME made a cashless exercise of its warrants, properly delivering its Exercise Notice to PGC. Pursuant to the Exercise Notice, BME was entitled to receive at least 44,509,090 shares ofPGC common stock, based on the adjusted exercise price of$0.0099.
So the gist of this lawsuit is BME thought it could recover money it would lose on it's sale to YAG by filing a frivolous claim in the expectations that PCFG would settle rather than incur the cost of litigation. But PCFG took the moral high ground and said cost be damned you will not mafia style strong arm us and we will file a counterclaim and hope justice will be served.
Go PCFG. This company is a diamond in the rough. Legitimate, diligent , and ethical. Love it.