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es1

08/05/13 4:27 PM

#61579 RE: fastlane #61576

I would not thiink that would count.
From wikipedia..

During a Quiet Period, a publicly listed company cannot make any announcements about anything that could cause a normal investor to change their position on the company's stock. Normally, that means the company does not discuss any of the following:

New deals or wins signed in that current quarter. Announcements about previously sold implementations going live are allowed, but must be explicitly described as such
Management changes
Progress against company goals
Major product or service announcements
Major partnership announcements


The SEC says..

Quiet Period
The federal securities laws do not define the term "quiet period," which is also referred to as the "waiting period." However, a quiet period extends from the time a company files a registration statement with the SEC until SEC staff declare the registration statement "effective." During that period, the federal securities laws limit what information a company and related parties can release to the public. The failure to comply with these restrictions generally is referred to as “gun-jumping.”

On June 29, 2005, the Commission voted to adopt modifications to the registration, communications, and offering processes under the Securities Act of 1933. Among many other provisions, the rules update and liberalize permitted offering activity and communications to allow more information to reach investors by revising the "gun-jumping" provisions under the Securities Act. The cumulative effects of these rules are as follows:

Well-known seasoned issuers are permitted to engage at any time in oral and written communications, including use at any time of a new type of written communication called a "free writing prospectus," subject to enumerated conditions (including, in some cases, filing with the Commission).

All reporting issuers are, at any time, permitted to continue to publish regularly released factual business information and forward-looking information.

Non-reporting issuers are, at any time, permitted to continue to publish factual business information that is regularly released and intended for use by persons other than in their capacity as investors or potential investors.

Communications by issuers more than 30 days before filing a registration statement will be permitted so long as they do not reference a securities offering that is the subject of a registration statement.

So it appears that a new web page would be nothing to worry about. The production statement in mid july would be. So Kim could file the day after the production PR on July 16.
That would be Aug 15 till they file and typically a week till it is approved. Aug 22 at the soonest if an S-1 is involved.

Kims 3 weeks is up as of today so if there is not a PR tomorrow about the production I would think we are waiting on the SEC rules

http://www.sec.gov/answers/quiet.htm

http://en.wikipedia.org/wiki/Quiet_period