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Technology Stocks : shopping.com (IBUY)
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To: afrayem onigwecher who wrote (294)12/21/1998 11:36:00 AM
From: Arcane Lore   of 435
 
The Company anticipates that if it can satisfy the conditions to the funding of the Private Equity Line of Common Stock & Warrants it will have sufficient cash flow to sustain operations for the fiscal year ending January 31, 2000.

As we both know the section goes on to say:

However, if it is unable to satisfy those conditions, the Company would need to seek additional funds in order to sustain its ongoing operations.

This language is very different IMO than what we'd see if the company were confident that it would easily meet the conditions of the financing. For example, if they already meet the conditions, they might have provided language like:

The company believe it currently meets all the conditions of the private line of equity financing and will continue to do so at such time as the financing is required. However, there can be no assurance that this will be the case.

Other than historical facts the above statements represent forward looking blah blah blah.

This, of course, is just my amateur attempt. An actual lawyer would word the foregoing in such a general fashion that the company will be covered in the event anything prevents the financing up and including the moon crashing into the earth. The key feature is that you can display confidence the financing will go through (if you are indeed confident) without leaving yourself open to lawsuits if it doesn't happen.
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