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Biotech / Medical : VVUS: VIVUS INC. (NASDAQ)

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To: Zebra 365 who wrote (4237)1/3/1998 11:05:00 PM
From: LoLoLoLita  Read Replies (2) of 23519
 
Zebra,

Thank You for your good summary of short sale info. If you
can't answer the following question, maybe someone else can:

When shares are "borrowed from another customer" does that
other customer forfeit the right to vote at the shareholder
meeting? Only 33 M or so shares are authorized to vote.
But (counting the "phantom shares") we had 43 M shares out
as of 12/15.

Also, I want to add to your post that in addition to being
liable for any dividends, the shorts are liable for any
warrants, rights, etc. issued by the company (e.g., the
"poison pill" distribution that is already authorized by Vivus
in case of a takeover attempt). It is my understanding that
if such a distribution were to occur, the shorts would have
to purchase those rights on the open market in order to
"make whole" the buyer of the shares that they sold short.

David
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