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Citrati

01/16/13 11:57 AM

#21058 RE: Actuate #21054

Am I missing something?
Payment = compensation.
Stock is a form of compensation.
Therefore management is being paid in stock. They have a legally enforceable contract for payment.
Even if the delivery is deferred it is still payment (compensation).
Management has been, is, will be paid (compensated). At a very high level I might add.
Thanks for your excellent dd.

thizsukz

01/16/13 6:39 PM

#21094 RE: Actuate #21054

The filings clearly state that they are not getting paid. The facts surrounding the award of the preferred shares have obviously not changed otherwise the board would have had to hold another vote. Continuing to read the filings will also show that the preferred shares are awarded to the in lieu of cash, so yet again it is proven that they are not getting paid.

in order to provide compensation to our chairman and chief
executive officer for their ongoing services, in lieu of cash compensation required by their employment agreements, effective January 1, 2012.