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Message: Contracts less that 15% of assets?

Contracts less that 15% of assets?

posted on Jan 22, 2008 09:36AM

Cursory review of the following would indicated minor settlement amounts since the 8-K did not define the settlements as "material".  Seems that 15% of assets is the threshold.  Would mean that the value to PTSC of each settlement would be less than 15% of $31.4M or less than $5M.  CPA's, CFO's, can you help?

 

 From the following link that defines material contracts:

 

http://www.law.uc.edu/CCL/regS-K/SK601.html

 

Material contracts.

  1. Every contract not made in the ordinary course of business which is material to the registrant and is to be performed in whole or in part at or after the filing of the registration statement or report or was entered into not more than two years before such filing. Only contracts need be filed as to which the registrant or subsidiary of the registrant is a party or has succeeded to a party by assumption or assignment or in which the registrant or such subsidiary has a beneficial interest.

  2. If the contract is such as ordinarily accompanies the kind of business conducted by the registrant and its subsidiaries, it will be deemed to have been made in the ordinary course of business and need not be filed unless it falls within one or more of the following categories, in which case it shall be filed except where immaterial in amount or significance:

    1. Any contract to which directors, officers, promoters, voting trustees, security holders named in the registration statement or report, or underwriters are parties other than contracts involving only the purchase or sale of current assets having a determinable market price, at such market price;

    2. Any contract upon which the registrant's business is substantially dependent, as in the case of continuing contracts to sell the major part of registrant's products or services or to purchase the major part of registrant's requirements of goods, services or raw materials or any franchise or license or other agreement to use a patent, formula, trade secret, process or trade name upon which registrant's business depends to a material extent;

    3. Any contract calling for the acquisition or sale of any property, plant or equipment for a consideration exceeding 15 percent of such fixed assets of the registrant on a consolidated basis; or

Jan 22, 2008 09:41AM
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