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spokeshave

03/19/03 10:07 PM

#10331 RE: 34Simmons #10330

Yeah, that clears everything up. I especially like this part:

Based on my knowledge, this quarterly report does not contain any untrue statement of a material fact or omit to state a material fact necessary to make the statement made, in light of the circumstances under which such statements were made, not misleading with respect to the period covered by this quarterly report;

I truly was concerned that a material fact necessary to make the statement made in light of the circumstances under which the statements were made were indeed not made rather than made under different circumstances. It is a relief to know that any statement made of a material fact was made under all circumstances under which statements can be made but not necessarily made as a matter material fact.
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The_Free_Nebula

03/19/03 10:44 PM

#10333 RE: 34Simmons #10330

34Simmons - what part of the RAQ is a typo?...LOL!
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Trexville

03/19/03 11:05 PM

#10339 RE: 34Simmons #10330

What's happened is the company has signed the deal with the funding group but has not yet received the money. The language that appeared in the 10-Q regarding the deal was placed there by the company ATTORNEYS, who viewed the event as a material one and something to be included in the SEC filing. My understanding is that management preferred not to mention anything about this deal until the money was in the bank but the attorneys said the deal, which had been signed, should be included in the filings.

The day after the 10-Q came out Brad explained in the RAQ that the deal had been signed but they still awaited the funds. As we all know, until there is money in the bank the deal isn't done, but so far it looks good.

So is the deal done in that it is agreed upon and signed by both parties? Yes.

Is the deal done in that NVEI has the money in the bank delivered by the funding group. Not yet.