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Gold/Mining/Energy : Nuvo Research Inc -- Ignore unavailable to you. Want to Upgrade?


To: Terry Maloney who wrote (7742)9/28/2001 11:29:14 AM
From: Joe Krupa  Read Replies (1) | Respond to of 14101
 
Terry,

I know what you mean, the words are very ambiguous and can be argued several ways.

From my understanding, even though the set "minimum market price" is $6.50, does not mean that the draw becomes null and void if the average price over the 20 days winds up below that. It merely means that if the price collapses during the 20 day draw period, and (by way of example) drops to an average of $2.00 (yikes!), DMX can back out in order to prevent a larger than expected dilution of the share base.

If DMX still opted to go forward with the draw however, they may do so. A lower price would actually be in Acqua's interest, and they still get their discount to the market average.

I am 99% certain this is the case, but I could always be wrong. As I have mentioned in my previous post, I had this explained to by a finance person who has experience in this area.

joe