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To: dwight martin who wrote (2426)4/16/1999 12:52:00 AM
From: Larry Brubaker  Respond to of 7720
 
dwight, it looks to me like if the price closes below $13.61 on the day the registration is effective (or the average closing price was below $13.61 in the 10 trading days preceeding the effective date), then there is an adjustment in the number of shares issued, up to a maximum of 666,667 shares.

Looking at the big picture, this does not seem to be a big deal to me. Even under the worst case scenario (price falls to about $9.50 before the effecctive date), they still get $6 million for no more than 666,667 shares.

There are many R&D companies that would be thrilled to raise money under such terms.



To: dwight martin who wrote (2426)4/16/1999 7:54:00 AM
From: Razorbak  Read Replies (1) | Respond to of 7720
 
It is confusing, but I think the S-3 will rule, not the 10-K.