Section 27A -- Application of Safe Harbor for Forward-Looking Statements … b. Exclusions. Except to the extent otherwise specifically provided by rule, regulation, or order of the Commission, this section shall not apply to a forward-looking statement--
9/ The District Court rejected the first defense because the statutory SAFE HARBOR does not apply to Commission enforcement actions, or to penny stocks, like UNDR stock, citing 15 U.S.C. §§ 77z-2(b)(1)(c), 77z-2(c), 78u-5(b)(1)(c), and 78u-5(c).
LMAO, anyone who reads a 10Q or such statement knows that is standard......silly to think otherwise.............$33M for next year is huge!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!