Now as related to the sale of these shares and whether they indeed have any restrictions, the following information is taken from fcm's filing S 3 dated 9/22/99.
I would direct your attention to Page #8 in this filing that again "SPECIFICALLY STATES", the selling shareholders name, how many shares are offered ( all of them ) and how many will be left when they have completed the selling.
The following as it applies to the sale of shares, hedging of positions through short sales and options.
PLAN OF DISTRIBUTION
The shares are being offered on behalf of the selling shareholder, and we will not receive any proceeds from the offering. The shares may be sold or distributed from time to time by the selling shareholder, or by pledgees, donees
or transferees of, or other successors in interest to, the selling shareholder, directly to one or more purchasers (including pledgees) or through brokers, dealers or underwriters who may act solely as agent or may acquire such shares as principals, at market prices prevailing at the time of sale, at prices related to such prevailing market prices, at negotiated prices, or at fixed prices, which may be subject to change. The sale of the shares may be effected through one or more of the following methods: (i) ordinary brokers' transactions, which may include long or short sales; (ii) transactions involving cross or block trades or otherwise on the American Stock Exchange; (iii) purchases by brokers, dealers or underwriters as principal and resale by such purchasers for their own accounts pursuant to this prospectus; (iv) "at the market" to or through market makers or into established trading markets, including direct sales to purchasers or sales effected through agents; and (v) any combination of the foregoing, or by any other legally available means. In addition, the selling shareholder may enter into hedging transactions with broker-dealers who may engage in short sales in the course of hedging the position they assume with the selling shareholder. The selling shareholder also may enter into option or other transactions with broker-dealers that require the delivery by such broker-dealers of the shares, which shares may be resold thereafter pursuant to this prospectus. We cannot be certain that all or any of the shares will be sold by the selling shareholder.
NOW TAKE PARTICULAR NOTE OF THE BOLDED PART ABOVE THAT WARNS OF THE FACT THAT BROKER-DEALERS WILL BE ALLOWED TO SHORT SELL. THIS PART OF THIS TRANSACTION WAS NOT INCLUDED IN FCM'S CFO'S STATEMENT WHICH I HAVE STORED, ( WHICH BY THE WAY, IS NOW MISSING FROM FCM'S WEBSITE ) IN WHICH THE CFO "SPECIFICALLY" STATES AND I QUOTE "The agreement specifically provides that the investor, or any affiliate, cannot engage in any short sales transactions of the Company's stock." NOW WHY DO YOU SUPPOSE THE CFO LEFT THE PART OUT ABOUT BROKER-DEALERS BEING ABLE TO SHORT THE STOCK, OPTIONS ETC. ???
Did I also mention that there are no restrictions on the sale of these shares as is evidenced by the registration to sell. One more time for you "ALERT INVESTOR" You can lie, BS, and call me anything you would like, but you "CANNOT" change the above facts. |
