AEGY needs the merger; SKTO doesn't. For AEGY prin
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However, to be 100% for SKTO is to oppose the merger because it poses a significant threat to SK due to the blatant if not outrageous flim flam at AEGY. In case one hasn't noticed, the SEC is on a warpath against questionable OTC companies. To make matters worse, the SEC is alert to iequity machinations through the AVNE fiasco and FINRA radared MMJ stocks in August 2013. One needs to tread very carefully in hoops of fire.
If nothing else, prudence would dictate the merger be cancelled or at least long delayed in this perilous environment, that is, if one is truly interested in the survival of SKTO and Berkeley Bio's mission. SKTO doesn't need the kind of trouble that AEGY can bring them.