To: blackmerlin who wrote (87 ) 2/8/2000 8:04:00 PM From: aknahow Read Replies (1) | Respond to of 7143
Shareholders seek S.E.C. aid in ending non disclosure of important information. This e-mail was sent to the S.E.C. at ... help@sec.gov Financial Division XOMA, has made the following request for confidential treatment of certain information. 2. License Agreement dated as of January 25, 2000 between XOMA Ireland Limited and Baxter Healthcare Corporation (with certain confidential information omitted, which omitted information is the subject of a confidential treatment request and has been filed separately with the Securities and Exchange Commission). In regards to Article 4 and Article 5, I , as a shareholder request that confidential treatment not be granted. These articles, which do not deal with royalties are too important to understanding the risk and potential of XOMA to keep them confidential. There is no logical reason for the claim that disclosure of the confidential details, in these two articles would impact XOMA in any material negative way. XOMA has just entered into a unique long term licensing and development agreement with Baxter International for a late stage product. Disclosure of the terms is not likely to damage XOMA in any material way, even if seeks to make similar agreements with other. Of great concern is the fact that apparently there was a leak about the signing of the agreement, which caused the volume of the trading in XOMA to swell to over 10,000,000 shares daily with the price rising from around $4 to over $10. While I do not know where the leak originated, the withholding of key aspects of the agreement from shareholders such as myself, while some one has criminally profited from learning of the the fact that an agreement was to be signed, is galling. A similar leak also occurred prior to the merger of Baxter and Somatagen. My discount broker was contacted by those seeking to buy calls prior to the announcement of the merger. Name and dates can be supplied upon request. Therefore please do not add insult to injury by granting the XOMA request for confidentially. Sincerely, George Wohanka I do not claim it is the best or only way to communicate with them. Some of you will think it is terrible and not the way to do things. Get over it! Non disclosure is not the way. Please help and send your own e-mails or written letters. Baxter share holders please do the same. Don't you feel you need to know what Baxter agreed to? Will such actions damage your relationsip with XOMA? No, probably not. XOMA people are classy people and they understand why shareholders have a different position than they do. Why go to the S.E.C? Because XOMA went to them to keep things confidential. The game is not in XOMA's court. Begging them would just waste time. Baxter is involved. The S.E.C. is the proper place, to make the request for denial.