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GS1

11/10/13 7:19 PM

#83784 RE: Cassandra #83774

It doesn't matter if it is penny or not since section applies to both. The section is specfic about the type of company it is dealing with and waiver is granted to specific case listed below. It is does not apply to all companies.

The safe harbor provisions of Section 27A(c) of the Securities Act and Section 21E(c) of the Exchange Act are not available for any forward looking statement that is "made with respect to the business or operations of an issuer, if the issuer . . . during the 3-year period preceding the date on which the statement was first made . . . has been made the subject of an . . . administrative decree or order arising out of a governmental action that (I) prohibits future violations of the antifraud provisions of the federal securities laws; (II) requires that the issuer cease and desist from violating the antifraud provisions of the securities laws; or (III) determines that the issuer violated the antifraud provisions of the securities laws[.]" Section 27A(b)(1)(A)(ii) of the Securities Act and Section 21E(b)(1)(A)(ii) of the Exchange Act. The disqualifications may be waived "to the extent otherwise specifically provided by rule, regulation, or order of the Commission." Section 27A(b) of the Securities Act and Section 21E(b) of the Exchange Act.



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tynich01

11/10/13 7:24 PM

#83785 RE: Cassandra #83774

well cassandra guess youll find out straight from the source. could make this thing shoot up with that tweet though if he verifies the change