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capitalismforever

12/01/13 4:15 PM

#8318 RE: capitalismforever #8317

Section 12 and Section 15(d) companies (Securities Act of 1934) are regulated by Regulation FD (disclosure law).

Section 15(d) Filer:

"A company subject to Section 15(d) of the Securities Exchange Act of 1934, as amended (Exchange Act) is an SEC reporting company. Section 15(d) requires companies to file certain periodic reports and information required by Section 13 of the Exchange Act (such as Form 10-K and Form 10-Q reports) as if they had securities registered under Section 12 of the Exchange Act.
COMPANIES THAT HAVE ISSUED EQUITY OR DEBT SECURITIES TO THE PUBLIC IN A REGISTERED OFFERING, BUT HAVE NOT LISTED ON ANY SECURITIES EXCHANGE OR CROSSED THE SIZE THRESHOLD OF SECTION 12(g) ALSO BECOME SUBJECT TO SECTION 15(d) OF THE EXCHANGE ACT."

A PIPE transaction is an "Equity or Debt Security that requires a registered offering".

Therefore, in my professional opinion Nanologix is governed under Regulation FD disclosure law regardless if it is a registered corporation or not.

Lastly, all of this begs the question: If Nanologix decision to not report its financial condition is based on not revealing competitive information, why then do they decide to release picture(s) with an attached message that states they were making shipments to customers with the GPS coordinates imbedded within the picture?

My personal conclusion is as it always has been: that Nanologix refuses to list its financial condition because it is bleak and for no other reason than that.
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ExponentiallyPlaned

12/01/13 5:06 PM

#8320 RE: capitalismforever #8317

That is a very good point about the failure of NNLX to alert the public that it would be releasing info to persons on a list. This raises the question as to whether persons should have to provide a Nanologix with their name in order to be included on the list (and possible be added to yet another spammer list and/or increase the risk of being hacked).