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Message: Employee Stock Option & Related Topics...

Two subjects:

First, the options. Apparently the three individuals only just received rights to the options at a strike price of $.60. Per my understanding, they'd be smart to exercise those options while the PPS is in this range (as opposed to the number someone threw out - $7.20) because if they wait there are two disadvantages: one is that the "clock won't start" for the shares to be treated as long term capital gains until they own the stock, and two, because if they wait and the price moves dramatically north (a la $7.20), when they exercise, they are immediately on the hook for the appreciation in PPS as regular income. Using the example number, 7.20 - .60 = 6.60 X 200,000 = 1,320,000. I personally would have a lot of heartburn paying taxes on a short term gain of $1,320,000!

Now for something completely different....

The Fish settlement.

I'm thinking that, what with the spectre of Toshiba's "baffle 'em with BS"/non-sensical/goofy (IMO) defense as reflected in the Pacer, this may be put on hold or getting a major revamp. I suggest this because it would seem that if a settlement were made under the "agreement in principle" terms (i.e., with a major cut in Fish's proceeds), Fish would probably be off the hook as far as supporting future efforts. But his further assistance will probably be needed. So, IMO, we want him to continue to be "on the hook" for probable future support under the old agreement (and so he can't jump ship and hop on Toshiba's junk); and meanwhile, Fish probably wouldn't settle with an open-ended obligation to provide support of unknown magnitude (if such were included in the terms of the settlement). So, though I had hoped otherwise, I suspect this cloud won't evaporate for a while. And it's probably a good thing.

And I KNOW nuttin'!

SGE

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