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Technology Stocks : XO Holdings, Inc. (XOHO - XO Communications)

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To: FJB who wrote (607)	7/22/2011 4:15:15 PM
From: tech101	Read Replies (1) of 615

Fifth Amended and Supplemental Class Action and Derivative Complaint iapps.courts.state.ny.us Email from defendant Grivner to defendant Shea: "If you read the Preferred [Stock] Agreement and understand the tax issues there is a significant reason for keeping the stock below $2 for as long as possible. So while in most companies, all the value that's being created could be reflected in the stock price such is not the case here." XO's ex CFO Freiberg to defendant Shea "I put this model together to show the impact of the XO stock price going up against the % Value Voting that Icahn affiliates have in XO. The key point here is for Icahn to maintain at least 80% in order to keep the ability to consolidate NOLs... Below $1.55 per share, Icahn is at 80% or more. If the XO stock price goes above that, then potentially you lose the ability to consolidate the NOL's."

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