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Message: I wonder ...

I wonder ...

posted on Sep 12, 2007 06:06PM

With the Swartz warrants eliminated and Swartz now being classified as a "minority shareholder" according to Turley's interview (at least that's how I read it), is this agreement dissolved?

From 10K

"On October 10, 2006, we entered into an Approval Rights Agreement and Termination of Antidilution Agreement and Addendum to Warrants (the “Termination Agreement”) with Swartz to terminate the Antidilution Agreement. In consideration for entering into the Termination Agreement, we agree to obtain Swartz’s written approval at least 30 days prior to entering into (i) any acquisition of any business entity or asset of any kind where the aggregate number of shares of common stock and derivative securities (on a fully diluted basis) issued as consideration for the acquisition equals or exceeds 10% of the number of shares of our common stock outstanding at the time of the acquisition (on a fully diluted basis) or (ii) any acquisition (regardless of size) by us of any business entity or asset of any kind that is not unanimously approved by our board of directors."


Sep 12, 2007 06:32PM
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Sep 13, 2007 05:37AM
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