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Technology Stocks : FRANKLIN TELECOM (FCM)

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To: Randy Brummitt who wrote (2118)9/28/1999 8:27:00 PM
From: Noneyet   of 2891
 
While we are discussing the stock of fcm, in your post, you refer to the shorting of shares and that the investor cannot short shares "up to two years after his purchase." Now I know that you are an attorney, because it states that detail on your profile page, yet with that type of training and background you failed to look at the fine print of this transaction, that this investor's "Broker-Dealer" can legally short sell shares of this stock.

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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 <b.(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.
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The above specifically gives the right to short sell shares by this investor's agent, in fact he can use any legal hedging transactions.
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