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Pastimes : Investment Chat Board Lawsuits

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To: mmmary who wrote (1533)5/10/2001 3:24:20 PM
From: Jeffrey S. Mitchell  Read Replies (1) of 12465
 
Mary, you were right on-target with your question about what companies who enter into toxic convertibles expect will happen to their share price as a result. If you could get x shares for every dollar you invested wouldn't you want the share price to be as low as possible so that x becomes as high as possible? Isn't taking a relentless short position one way to cave the share price? Isn't shorting legal?

What it all comes down to is the contract entered into between the two parties. Does it specifically exclude shorting by the other party and any "related" parties? I put related in quotes because trying to, for example, tie "a" in Canada to "b" in the Caymans might be next to impossible to do from a legal standpoint. So, without any legal standing, it's not hard to see why Kernaghan and related entities have been successful in silencing their critics.

- Jeff
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