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Technology Stocks : Osicom(FIBR) -- Ignore unavailable to you. Want to Upgrade?


To: Bryon Bothun who wrote (7935)8/12/1998 11:00:00 AM
From: Mama Bear  Read Replies (3) | Respond to of 10479
 
Bryon, if Par said that the May '98 series C was not floorless, he was lying. I'll bet he didn't say that though, because those conference calls are recorded.

The 4.99% "limit" is standard language in these floorless instruments. This is because there would be SEC filing requirements to identify the buyer of greater than 5% of the outstanding common stock. You can deny it was a floorless convert all you want, it doesn't change the fact that it is.

This filing shows clearly that the limit is not 719000 shares as you claim:

edgar-online.com

"In no event shall a conversion result in a holder owning, or deemed to beneficially own, more than 4.99% of the then issued and outstanding common stock of Osicom." from:

edgar-online.com

Do you understand that when I short sell FIBRD, and subsequently buy back I am not a "beneficial owner" of the stock? The above language does not preclude the convert holders from converting more than 5%, just from owning more than 5%.

The language is clear, and is readily available from Edgar. This is a floorless convertible.

Barb