Mr Lozano
When your nomination was submitted, did you believe that SEC Rule 14a-8 was inapplicable?
As I tried to point out earlier, SEC Rule 14a-11 still enables SEC Rule 14a-8 under (6), "Any other lawful condition",
http://agoracom.com/ir/patriot/forums/discussion/topics/436593-2009-amendments-to-delaware-corp-law-re-stockholder-rights/messages/1427486#message
leaving as the only viable option, for inclusion on the proxy, the 3% Rule.
These are the facts, and no matter how much one may disagree with them, they will be applied by the SEC in reaching their decision.
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Be well