"well i'm just saying that i think all the notes a
Post# of 15187
tried replying last night but wasnt able to. my assumption on timing is cash flow/financial capability. the company clearly didnt have the money to fight/push back a year ago or two when the conversions really started tanking the company. if our assumptions are in the ballpark on revenues from dealer contracts and inventory, legacy business, and CK shipments - that would put them on completely different footing financially than a year or two ago when they were fighting just to get product out the door to meet existing contracts.
as far as why wait to countersue - it is always a matter of positioning. if HJOE is trying to settle the outstanding amounts in a reasonable fashion that is equitable to both - they will continue to do so and exhaust all avenues. if KBM has no interest in working with them - their only avenue to collect is to sue. at that point, HJOE has the high road in terms of trying to be reasonable in negotiating. at that point, you counter sue for the injustices you felt were inflicted upon you while noting you continued to operate in good faith to reach an agreement DESPITE those injustices. has significantly more weight. again, if you do not have the money to even start the process - it is a moot point.
as far as the wording on the PR about the loans being paid off/back - i took that as meaning the original loan amounts were paid off in terms of proceeds from stock transactions - not that the outstanding amounts were satisfied. i would like to see the actual trading profits/accounts for these lenders/KBM to see what they actually made off of the shares that were converted and then sold into the market. regardless of what else the company can document/loosely tie them to as far as the shorting/manipulation - the actual trading profits should be cut and dried and they should be forced to product those. several of us posted rough numbers in the past but it appears they would have made several hundred thousand dollars at least based on original loan amount, conversion amounts/dates, and pricing in the market at the time. to then claim they were damaged by breach of contract or fraud when the company they "partnered with" was fight for survival while their actions were taking them under - well that should be a rather tough sell to a judge/jury.
if one goes to the website of the attorneys representing HJOE - they have toxic debt as one of their specialties.