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Sosoomee

04/23/03 7:48 PM

#34682 RE: Cassandra #34681

yes, and the agreement says the company retains the right to register more shares to be sold on the open market, or to not register such shares. Is this a good business decision based on the current financial state of the company? Good enough for me anyway. By the way, is an 8K like a 1040EZ? Or is an 8K the gun I hear so much about?
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JBocca9801

04/23/03 7:53 PM

#34683 RE: Cassandra #34681

This is NOT an "option" for dilution but an actual "AGREEMENT" for dilution that is required by the Covenants for the Series D Convertible Preferred Shares.

The above statement is false and is either a lie or, if allowed the benefit of the doubt, a simple misunderstanding of a matter that the author purported to have extensive knowledge about.

From the S-3 courtesy of Tinroad:

(b) Notwithstanding the provisions hereof, the Company shall have the right at any time after it shall have given written notice pursuant hereto (irrespective of whether a written request for inclusion of any such securities shall have been made) to elect not to file any such proposed registration statement, or to withdraw the same after the filing but prior to the effective date thereof.