To: Ploni who wrote (3664 ) 12/21/1997 1:39:00 PM From: Afaq Sarwar Read Replies (1) | Respond to of 10479
Charles S. Stein, I am upset as well that we do not know what is going on regarding NMS listing. If you believe Par then you have to assume that their application has not yet been denied. This may also suggest that NASD has some very serious concerns and questions that the company after more than a year has been unable to satisfactorily address. Whether the company will ever be able to respond to the concerns, is a big questions. Such a situation naturally leads to leads to speculations about the situation. My best scenario guess is that the company is waiting for a positive turn around of the company's financial situation (....a profitable quarter, large order for GigaMux, an alliance with a larger player, etc.....) to make public the reasons for their inability to get NMS listing. Hope would be that if there was enough overwhelmingly positive news available, it will be able to overcome the impact of such a negative disclosure. Now regarding suing NASD. I am not sure if suing NASD or any one else for that matter will be very productive. Contrary to the claims they may like to make, NASD is not there, in my opinion, to ensure that investors do not have losses. If that was the case their name would be quite different. Their only obligation is to follow their owns rules and regulation which are geared more to ensure income for their member than to take care of investors. As long as they are following their own rules (regardless of how good or bad these rules are) they will be able to defend themselves adequately. The only entity that is obligated to share information with the investors, is the company itself. Investors may be able to successfully sue them to disclose information regarding NMS listing. What would that do to the stock is difficult to assess. At this point however, there is not a whole lot of room for the stock to go down. So the down side risk is limited only to Approximately $2 per share. The other possible way the investors may be able to force the company to share this information would be by their votes. Clearly, the small investors will have a difficult time doing that due to the relatively size of their voting blocks. The larger investors on the other hand would not have any problem achieving that. But it would be quite naive to assume that they do not already know all the relevant information on this issue. The fact that all these large existing shareholders are not adding to their existing position at the presently very attractive low share prices seems to further confirm their knowledge of the risks involve. So if the large existing shareholders along with the insiders do not find the current prices a compelling buy, how can we expect the market to find the company attractive? Hence, we are where we are. I'll simply wait it out at this point with my existing position but not add more. People with a lot more information (the insiders) than that I have are not doing it either. David: Thanks for your encouraging post. You make a good case for holding the existing position. Afaq Sarwar