Re: Dissenting Shareholders Questions .... I'll WAIT!
in response to
by
posted on
Oct 05, 2008 06:12PM
The company whose shareholders were better than its management
Orange Flash Sorry I was away from the computer - you said:
Boardlot, you make reference to the K shares suddenly appearing in our accounts. This being the case, how does it tie in with the notice Ripa says we should anticipate, re the option to dissent? Does this mean then, that we would be dissenting after the actual physical conversion of the shares? If so, it seems a most unwieldy procedure. Also, where does that leave all the earlier talk about selling ARU shares or not, if they are gone? EOM
Prelude - I've never experienced this before -
IMO we have established ourselves to K and our Brokerage firms, as Dissident Shareholders by refusing to tender. I’ve never been through this before but it makes sense that we will be recvg a form letter from our Brokerage firms, indicating the time limit within which we must state the reason, if we chose to do so, for our dissension. We'll ask the Dealers tomorrow.
Such a form letter could likley be found on the TSX site. Do we send this completed form to the TSX or a Lawyer? I don’t know the answer but I for one am not prepared to hire a Lawyer on my own. My initial thought from what little I’ve read is residents of each Province would have to File independently or maybe a very few Provinces together but I don’t think residents of all Provinces would be able to join together and present our reason as one Dissident to be heard at one time in one Jurisdiction.
As to selling or withholding our ARU shs now - that privilege/choice is now out of our hands. Once over 90% of ARU shs were tendered, K had the Right to Force Conversion which Right they exercised and in doing so, the TSX Delisted ARU shs as of Friday 03Oct08.
I’m a few K dollars short of breakeven so I’ll have to wait and hope gold goes up but all indications are IMO it’s going down. If I was profitable or within an acceptable loss, I’d likely choose to be out tomorrow. Problems have intensified as we’re now part of about 650 Million shs, Russian exposure, and with the US falling into Recession maybe Depression, Massive US layoffs already, our Commodities have been and continue to lose value each day, all facets of Business slowing, and many will go bankrupt due to unavailable funding because our Cdn Banks too will restrain their financing. I wonder if K will have financing available to them when necessary. I hope those that say the weak US dollar will cause Gold to go over $1,000. are 100% correct.
Our trusted Patsy, BOD and Keith Barron too, sure screwed us but good while Kinross are legally in possession of our FDN asset at a fire sale price that leaves a large percentage of ARU shareholders in post mid 2006 under water. How about the Investors that financed the NI at $37.50 pre split.
What I’m wondering is what is it one looks for to prevent such a surprise event ever happening again ie waking up one day to find your BODs has issued any nbr of shs and options merely because they wanted to or worse still, as happened to us, Sell the Company to the first Bid without prior discussion with the Shareholders. I very much doubt there was even any prior mediation as to the Offer price between K & ARU either. All they cared about is to guarantee they got their salary for the next two yrs, get a Million new options as they’d sold all their shs in April prior to the Stop Work collapse and make sure 100% of ARU was taken so they could get out before the shareholders knew what hit them.