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capnmike

05/07/13 3:41 PM

#40040 RE: d4diddy #40039

Right. I am just focused on the CDEX 1:5 reverse from 2002, thinking it is reflected in final/actual distribution of LOCH to CDEX exchange.

They were indeed two distinct events, but I think the settlement accounted for the 1:5 reverse. Since the split was finalized
prior to the settlement and exchange & distribution becoming effective in 2003, all of those final distribution numbers are specified as post-split.

Another way of considering it is via this notice below, specifically noting CDEX is undergoing a 5-to-1 reverse and the final distribution documents refer to everything as post-split numbers..... And to be clear, nothing about dilution being contemplated or questioned. Thanks for the replies.

http://www.sec.gov/Archives/edgar/data/766347/000101540203000708/doc2.txt

NOTICE TO ALL SHAREHOLDERS OF LOCH HARRIS, INC.


XII. CDEX REVERSE STOCK SPLIT
------------------------

29. CDEX is undergoing a 5-to-1 reverse stock split. All numbers of
CDEX shares and all ratios involving CDEX shares expressed in this notice and
other settlement documents are in pre-split terms. If the split is finalized
prior to effectuation of the settlement, all such numbers and all ratios will be
adjusted accordingly.


Notice approved: March 11, 2003 The Honorable Patrick O. Keel
District Court of Travis County, Texas


Rio had posted this as well....

http://investorshub.advfn.com/boards/read_msg.aspx?message_id=967886

14. The transfer agent shall then distribute CDEX shares to each Loch shareholder (including brokers, nominees, depository trust companies, securities depositories, or clearinghouse facilities) (except any members of the class who opt out of participation in the settlement) whose shares constitute the Total Loch Shares, in an amount equal to the number of that person's or entity's Loch shares that constitute the Total Loch Shares divided by the Exchange Ratio. For example, if a shareholder (except any members of the class who opt out of participation in the settlement) submitted a valid claim form and share certificates for 100,000 Loch shares and the Exchange Ratio is 9.2, the transfer agent would divide 100,000 by 9.2 to get 10,869.565 and issue that number of CDEX shares to the shareholder. In performing this calculation, numbers of shares shall be rounded in a consistent manner and according to standard industry practice. As detailed in the Amendment To Term Sheet and the Court's order granting preliminary approval, If CDEX accomplishes a reverse 5-to-1 stock split before the share exchange and other acts contemplated herein, all numbers of CDEX shares and ratios of Loch Harris shares to CDEX shares expressed in pre-reverse stock split terms in the settlement documents, including this Plan of Distribution, will be considered modified proportionately without further action of the parties, counsel, or the Court.