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Technology Stocks : Data Race (NASDAQ: RACE) NEWS! 2 voice/data/fax: ONE LINE!
RACE 417.15-0.2%Nov 14 9:30 AM EST
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To: Post-It-Note who wrote (29829)11/6/1998 4:35:00 AM
From: Gil Davis  Read Replies (1) of 33268
 
To all:

When a company falls out of Nasdaq compliance, they can submit a plan indicating how they intend to correct deficiencies. I expect that RACE has submitted a plan that relies on additional dilutive issuances of common stock and convertible securities to generate cash.

Note the following from the proxy statement:

"If the shareholders do not approve the Securities Issuances, the lack of additional cash to be received in the second closing (subject to the other conditions described above) and the cash requirements to fund the potential redemption of shares of Preferred Stock and Warrants could have a material adverse effect on the Company's ability to sustain operations, fund the development and marketing of new products, including the Be There! remote access system, and make future capital expenditures. In addition, failure to obtain shareholder approval of the Securities Issuances could result in the delisting of the Common Stock from the Nasdaq National Market. In order for the Common Stock to continue to be listed on the Nasdaq National Market, the Company is required to satisfy certain maintenance criteria, including minimum net tangible asset requirements. Due to the character of the Preferred Stock and the manner in which it must be accounted for, failure to obtain shareholder approval of the Securities Issuances could have the effect of preventing the Company from satisfying such minimum net tangible asset requirements. The termination of the listing of the Common Stock on the Nasdaq National Market could have a material adverse effect on the market price and liquidity of the Common Stock, the Company's ability to raise additional capital and subject the Company to significant penalties pursuant to the Private Placement."

RACE's recent responses appear to me to be evasive and a stalling tactic. They probably want to keep the stock price as high as possible while they negotiate new convert deals. All IMO.

Gil
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