Re: Are Lincoln and Swartz the same??? -- qabbyco
posted on
Jun 08, 2007 04:09AM
According to the last proxy ("..as of February, 28th, 2007...each person known by the Company to be a beneficial owner of 5% or more of its Common Stock...") the SHM Swartz Private Equity was NOT listed as shareholder anymore, which is strange, because in the appendix it says:
"If Swartz Private Equity LLC (“Swartz”) were determined to be an affiliate of Lincoln, then Lincoln’s exercisable warrant position would be reduced to the extent necessary to limit the combined beneficial ownership of Lincoln and Swartz to 9.99% of the Company’s outstanding Common Stock."
The list doesn't contain Swartz, but the appendix refers to him???
Lincoln Ventures (which in my understanding is nothing more than a subsidary of Swartz Private Equity or Roswell Capital to distribute the shares on two entities due to the 9,99% rule) had only 8,52% (= 32,248,173 shares) instead of 9,99% (= 38,092,451 shares) some weeks ago (13-d-Filing from 02/09/07).
And in the report of the SHM it states clearly, that Swartz is"... the largest shareholder in the company..."
So far nobody could answer me, why Swartz received Aquisition Approval Rights in the "Termination Agreement" from 10/10/06 in exchange to terminate the Antidilution Agreement:
WHY was/is it important for Swartz to give his approval in case of an acquisition under certain circumstances?
WHAT is the reason for the date: "...This Agreement shall remain in effect until May 31, 2008."
I'm still convinced, that Swartz has something to do with the 24mio$ loan to Holocom, but cannot find any proof, this is pure speculation.
My summary: In my opinion Swartz is one of the key persons in this "production".
GLTA