Posted On: 04/28/2014 3:45:45 PM
Post# of 1149
I'm sure you're right that the lawsuits would be a bar to a 211. Class action suits can drag on for years, but they might settle out of court. What I've seen suggests that the company is vulnerable on at least one issue, the understatement of the value of the shares distributed. I don't see how they can escape that one, so if that's all that's alleged they might settle. That in turn raises the question of how much, and what would they settle with? Not A/S shares! I don't think it's likely the law firms are going to drop it even if the company is exonerated with regard to whatever caused the SEC to suspend.
In my view the company is going to need a source of cash, lots of it, before they can talk about re-listing. Not just for the potential costs of defending and/or settling the lawsuit, but also for funding of whatever path they try to take forward from here. They are now going to have to grow to get revenue from stock rather than getting revenue from stock to grow. The chicken and the egg have reversed roles. That's why I'm wondering if a merger or buyout might be under discussion; I don't see an angel investor as likely at this point, but I could see someone with eyes on the cannabis market wanting to scoop up the pieces (Tobacco? Big Pharma? Walmart?) If they want it, this is the time to make their move.
Withal, I think 2014 is optimistic for re-listing, and I don't think it's a done deal that they will re-list, at least in their present form.
In my view the company is going to need a source of cash, lots of it, before they can talk about re-listing. Not just for the potential costs of defending and/or settling the lawsuit, but also for funding of whatever path they try to take forward from here. They are now going to have to grow to get revenue from stock rather than getting revenue from stock to grow. The chicken and the egg have reversed roles. That's why I'm wondering if a merger or buyout might be under discussion; I don't see an angel investor as likely at this point, but I could see someone with eyes on the cannabis market wanting to scoop up the pieces (Tobacco? Big Pharma? Walmart?) If they want it, this is the time to make their move.
Withal, I think 2014 is optimistic for re-listing, and I don't think it's a done deal that they will re-list, at least in their present form.


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