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Strategies & Market Trends : YEEHAW CANDIDATES -- Ignore unavailable to you. Want to Upgrade?


To: Galirayo who wrote (9313)7/14/2005 1:05:16 PM
From: Jibacoa  Read Replies (2) | Respond to of 23958
 
When these Notes are converted to Common are they able to be sold or are they Restricted?

Ray.

As I mentioned before,the only attorneys in my family still are on an Alaskan Cruise.<g>

Here is what they said when they reportedly bought more than 20% of the "Notes" , and draw your own conclusion:

"The securities offered in the private placement were not registered under the Securities Act of 1933 and may not be offered and sold absent a registration or an applicable exemption from the registration requirements.

Under the terms of the transaction, the Company has agreed to file a registration statement covering the resale of the entire $75 million aggregate principal amount of Senior Convertible Notes and the common stock issuable upon conversion of the Senior Convertible Notes and under the terms of the indenture governing the Senior Convertible Notes.

This press release shall not constitute an offer to sell or the solicitation of an offer to buy, nor shall there be any sale of these securities in any state in which such offer, solicitation or sale would be unlawful prior to registration or qualification under the securities laws of any such state."