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Technology Stocks : VALENCE TECHNOLOGY (VLNC)

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To: Zeev Hed who wrote (9779)3/24/1999 6:11:00 PM
From: I. N. Vester  Read Replies (1) of 27311
 
CC selling limitation should include short
selling. There is no wording specific to
short selling. Selling is selling is selling.

Surely this is nice even up to $12, but most
especially it should really slow down any
attempt to push the stock down to execute any
B series prefered variable conversion a la
the 'death spiral', should no PO be received
by July 27th.

How would this clause be enforced is a cute
question if CC has no reporting obligation.
In the 'death spiral' case, VLNC would probably
have legal grounds not to honor the conversion
request if there was any evidence of non-
compliance.

It limits CC to a 'slow death' spiral.
Probably moot, but also probably very, very
important if it ever should become un-moot.
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