Hi Tom,
On Feb 28, 2001 DMX had 41,986,855 shares outstanding. Since then they've issued some 676,000 shares to Acqua and no doubt some options etc. I would think 42.7 million shares is a close number.
Question 2 is loaded. There is almost an endless blend of ways involving cash, shares, notes, assets, future considerations, etc, etc.
Assessing our 'best interests' depends on what happens afterwards of which a strongly rising shareprice is the best scenario (giggle).
Cash needs to be conserved to the point of funding operations for all products. It's possible as di7026 speculated that WF10 may be a candidate for third party manufacturing from which we take a decent cut.
I would prefer all cash not required to be used in the purchase. This reduces the dilutive effect somewhat and I want all dilution to occur at as high a sharprice as possible.
For instance the basis of this transaction should be to add value to the shareprice. Paying $6 million cash right now (for ease of calculation) to me is preferable to issuing 1 million shares right now. If the transaction does add value as expected - then issuing the 1 million shares later creates more value in comparison.
I mentioned earlier and believe that the more notes receivable included the better. There would be some premium to the current valuation; but, it requires no current cash layout and (on an opportunity cost basis) pays out when less shares are needed to raise the cash payable.
A lot revolves around the reason Dr Khuene sold 100% and what his agenda is for the future.
I don't know the answer to the last question about shareholder approval required.
Wolf |