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Technology Stocks : shopping.com (IBUY) -- Ignore unavailable to you. Want to Upgrade?


To: afrayem onigwecher who wrote (148)12/7/1998 6:43:00 PM
From: Sir Auric Goldfinger  Read Replies (2) | Respond to of 435
 
Yes, I am paid to be short, but only when I make money doing it.



To: afrayem onigwecher who wrote (148)12/7/1998 9:21:00 PM
From: Arcane Lore  Read Replies (3) | Respond to of 435
 
... By the way you can't, I repeat .you can't free up 144 paper on an OTC stock more then 1% from the total outstanding (4.5 M)
in a 90 days period. ...


The limitation on Rule 144 sales for affiliates and non affiliates is the same for the first two years after issuance. Basically it it the greater of 1% of outstanding shares or the average weekly volume for the four weeks prior to the filing of Form 144. As you know, volume has been high recently and as a result, the average weekly volume for the past four weeks has been 1,363,000 (calculations can be found at the end of this post). Except possibly for McNulty himself, the limitation should be moot.

Here is the relevant text of rule 144:

Limitation on amount of securities sold. Except as hereinafter provided, the amount of securities which may be sold in reliance upon this rule shall be determined as follows:

1. Sales by affiliates. If restricted or other securities sold for the account of an affiliate of the issuer, the amount of securities sold, together with all sales of restricted and other securities of the same class for the account of such person within the preceding three months, shall not exceed the greater of

i. one percent of the shares or other units of the class outstanding as shown by the most recent report or statement published by the issuer, or

ii. the average weekly reported volume of trading in such securities on all national securities exchanges and/or reported through the automated quotation system of a registered securities association during the four calendar weeks preceding the filing of notice required by paragraph (h), or if no such notice is required the date of receipt of the order to execute the transaction by the broker or the date of execution of the transaction directly with a market maker, or

iii. the average weekly volume of trading in such securities reported through the consolidated transaction reporting system contemplated by Rule 11Aa3-1 under the Securities Exchange Act of 1934 during the four-week period specified in subdivision (ii) of this paragraph.

2. Sales by persons other than affiliates. The amount of restricted securities sold for the account of any person other than an affiliate of the issuer, together with all other sales of restricted securities of the same class for the account of such person within the preceding three months, shall not exceed the amount specified in paragraphs (e)(1)(i), (1)(ii) or (1)(iii) of this section, whichever is applicable, unless the conditions in paragraph (k) of this rule are satisfied.


law.uc.edu

Even though OTCBB stocks are not NASDAQ stocks, the OTCBB is an automated quotation system maintained by a registered securities association (NASD) and as such appears to fulfill the requirements for inclusion under subparagraph ii (IMO). Here are the IBUY trading volumes for the last four weeks:

Date     Volume 

12/4/98 146300
12/3/98 326600
12/2/98 284500
12/1/98 564400
11/30/98 674800

11/27/98 628200
11/25/98 391200
11/24/98 259200
11/23/98 57600

11/20/98 127100
11/19/98 77100
11/18/98 218300
11/17/98 61000
11/16/98 70400

11/13/98 165200
11/12/98 164300
11/11/98 822400
11/10/98 502600
11/9/98 176900

based on data from: quotecentral.com

The total volume from the last four weeks is 5,452,000. Dividing by four to get average weekly volume gives 1,363,000 shares.