Posted On: 11/17/2013 7:02:20 AM
Post# of 17862
Disappointing, but at least if it is HIMR selling to pay that debt rather than the lender converting, the selling would be dollar to dollar appropriate to the debt. That is dramatically different than what happens when a C share is converted at their typically used conversion rate of .5. Under that scenario a $2 obligation is converted for a million shares currently with a market value of $100. Since the finalization of the concession dramatically raises the book value of HIMR due to the value of the water wood HIMR is entitled to extract, the disconnect between the value of a C share and the value of what it converts to becomes even more obscene.
The obligations to C holders of course matter, but those obligations occur in a context that includes agreed upon rights of HIMR - specifically, that HIMR has the right to adjust the conversion rate at its discretion and the right to buy back the C shares at $2 per share at its discretion. Also, I would submit that with a finalized concession, C conversions become so dramatically unfair to holders of common stock, that HIMR incurs an obligation to exercise its agreed upon rights. This would not in any way constitute disrespect to the C holders, but merely a kind of self-respect to HIMR and its common shareholders interest.
There is no risk at all of C holders being "left with nothing". The C shares worth a redemption value of 1.4m are the settlement of an agreed upon debt of $900K as part of the restructuring in early 2012. And so, any path forward that respect the redemption value involves generous interest and payment of that agreed upon debt. Also, the C shares already converted constitute substantial additional interest on that debt. Further, the Tiger-Lynk owners hold substantial debt of HIMR that isn't convertible to common, but probably plays a role in how the Tiger-Lynk owners eventual royalty of revenue will be figured. The patents for Tiger-Lynk expire in 2019, but a good royalty agreement with a thriving HIMR will enable them to profit long after.
I don't think any shareholders want the Tiger-Lynk owners treated unfairly, we all just want the era of dilution for HIMR to end. It has gone on long enough.
The obligations to C holders of course matter, but those obligations occur in a context that includes agreed upon rights of HIMR - specifically, that HIMR has the right to adjust the conversion rate at its discretion and the right to buy back the C shares at $2 per share at its discretion. Also, I would submit that with a finalized concession, C conversions become so dramatically unfair to holders of common stock, that HIMR incurs an obligation to exercise its agreed upon rights. This would not in any way constitute disrespect to the C holders, but merely a kind of self-respect to HIMR and its common shareholders interest.
There is no risk at all of C holders being "left with nothing". The C shares worth a redemption value of 1.4m are the settlement of an agreed upon debt of $900K as part of the restructuring in early 2012. And so, any path forward that respect the redemption value involves generous interest and payment of that agreed upon debt. Also, the C shares already converted constitute substantial additional interest on that debt. Further, the Tiger-Lynk owners hold substantial debt of HIMR that isn't convertible to common, but probably plays a role in how the Tiger-Lynk owners eventual royalty of revenue will be figured. The patents for Tiger-Lynk expire in 2019, but a good royalty agreement with a thriving HIMR will enable them to profit long after.
I don't think any shareholders want the Tiger-Lynk owners treated unfairly, we all just want the era of dilution for HIMR to end. It has gone on long enough.
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