In todays 10Q ... "If we provide funding to PDS that is not reciprocated by TPL, our ownership percentage in PDS will increase and we will have a controlling financial interest in PDS, in which case, we will consolidate PDS in our consolidated financial statements."

I believe Authority for the above filing statement originates from a contract provision within our original 2005 PDS JV Operating Agreement

2005 PNewco Operating Agreement:

"5.4 Failure to Make Contributions. The failure of Patriot or TPL to make Working Capital Contributions when due pursuant to Section 5.3 shall result in the following adjustments to that Member's Percentage Interest: (a) For each One Dollar ($1) that is not contributed by Patriot or TPL when due pursuant to Section 5.3, one hundred thousandth of a percent (0.00001%) of the outstanding Percentage Interests of the Company shall be deducted from that Member's Percentage Interest and transferred to the other Member. As an example, if a Member failed to contribute *** when due pursuant to Section 5.3, *** of the outstanding Percentage Interests of the Company would be deducted from that Member's Percentage Interest and transferred to the other Member."

WHY is this troubling ? Read below. There are so many questions regarding the actions/inactions of this company by the BOD and Management, that I believe it's likely that only in a Courtroom with a Judge will they feel the need to answer.

From Gloria Felcyn's own April 2010 sworn Declaration ....

Paragraph 5 line 19 : "In reponse to TP's financial situation and at their request, Patriot has temporarily agreed that TPL not replenish it's share of that $8 Million (PNewco (PDS)) fund".

Paragraph 20 line 15 : "Based on loans and concessions, and not including relieving TPL of it's obligation to maintain it's share of the $8 million fund at the joint ventiure level, patriot has made accomodations in the form of loans and other considerations to TPL totaling in excess of $5 million"

From my reading of the above, it appears it was possible for us to have taken greater control of PDS years ago; but the BOD chose not to.