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Strategies & Market Trends : Market Gems:Stocks w/Strong Earnings and High Tech. Rank -- Ignore unavailable to you. Want to Upgrade?

To: ayahuasca who wrote (32150)	4/9/1999 10:30:00 AM
From: gaj	Read Replies (1) \| Respond to of 120523

BYND - i don't know much on secondaries, but don't the underwriters support it - at least a point or two - above the secondary's price? so, i'd expect it to bounce, and then pullback in the next few days...just in time for you to have gotten out of your soon-to-expire calls...

To: ayahuasca who wrote (32150)	4/9/1999 10:34:00 AM
From: SMALL FRY	Respond to of 120523

BYND - I think you're going to be okay... wouldn't wait past Monday... it may paint at 37 today but that's a reach... VRSN - a good one to enter right now. SF

To: ayahuasca who wrote (32150)	4/11/1999 1:32:00 PM
From: Susan G	Read Replies (2) \| Respond to of 120523

To all BYND fans...this came out late Friday Beyond.com Sued as Secondary Offering Hits Market The Street.com By George Mannes Staff Reporter 4/9/99 2:53 PM ET Online software merchant Beyond.com (BYND:Nasdaq), which priced a $140 million secondary offering of its stock Thursday evening, gave one little piece of bad news to investors in the Securities and Exchange Commission filing it made the same day: It's in court. According to the amended S-1 filing, rival Digital River (DRIV:Nasdaq) filed suit April 6 against Beyond.com in district court in Minnesota. Digital River is claiming that some of Beyond.com's officers "made allegedly false and defamatory statements regarding Digital River's business and interfered with Digital River's business." The complaint, according to Beyond.com's filing, seeks temporary and permanent injunctive relief and unspecified damages. In a day that was mixed for Internet stocks, Beyond.com was trading Friday afternoon at 33 11/16, down 1 13/16. The 4 million shares the company was offering had been priced at $35 a share. Digital River was up 3 5/8 to 47. Beyond.com says in its filing that the two companies are now engaged in discovery and that a hearing on the case is scheduled for April 21. More specific information on the case wasn't immediately available. Digital River, which helps software companies deliver their products to buyers over the Internet, declined to comment on Beyond.com's filing. Beyond.com executives didn't return a phone call seeking comment. Late last month Beyond.com completed a $123 million acquisition of buydirect.com, a software retailer that, like Digital River, has expertise in delivering software over the Internet. It's unclear what the impact of the lawsuit might be on Beyond.com. In its filing, the company asserts that it is not currently subject to any material legal proceedings. But it does note in its disclosure of the lawsuit "there can be no assurance that an injunction or damages will not be granted against us, which could adversely affect our business, results of operations or the price of our stock." It's also unclear whether Beyond.com acted improperly by not disclosing the news earlier; the SEC says the company filed at 5:09 EDT Thursday evening. "If there's material news, either positive or negative, concerning the company, management of the company has an obligation to disclose such information to the public at the earliest time possible," says Ron Geffner, a partner at law firm Sadis & Goldberg. "It's a factual question whether this information is material, and whether the information in their possession was accurate and complete." © 1999 The Street.com