Dear Ms. Bear: As you are now fully aware, a numb
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As you are now fully aware, a number of HDC shareholders have very serious concerns relative to the actions of you, Mr. Quirk, and likely others (who may be helping to fund your cause and who have not been appropriately disclosed), in filing a complaint against the current HDC board. For that matter, it is clear to me that you are under-estimating just how serious this entire scenario is, particularly since you can’t deny that it has been well-orchestrated, and you and Mr. Quirk deliberately presented this information to HDC shareholders via message boards in a deceptive manner.
Further, as you know, there are a number of issues in your letter that enabled me to quickly realize that you were being less-than honest. One of these issues, which is literally laughable, relates to the following statement in your letter: “The decisions of HDC’s management and directors over the past few years, combined with recent external developments, have now led me to conclude that a Special Meeting of Shareholders is essential, and soon.” Which decisions would those be? Would they include the decision to vigorously pursue an arbitration proceeding with Neogenomics, and prevail? As I understand it, that decision was against the approach desired by Mr. Kowbel and Mr. Quirk, wasn’t it? Or, would they include the decision to seek a 5-year patent term extension for the SVM-RFE technology, and prevail? Perhaps you get the point.
Therefore, since you have portrayed to HDC shareholders that you are sincere in your efforts, you should have absolutely no problem answering the following questions and posting your answers for shareholders. It doesn’t matter whether shareholders support you and Mr. Quirk, whether they support the current team, or whether they just don’t care. What is important is that you now have an obligation to provide all of us with honest answers, since we all have a legitimate right to be appropriately informed.
1. Did you write your own letter, or did you have the assistance or guidance of Mr. Quirk and/or others? For that matter, why did Mr. Quirk not sign the letter?
2. It is not plausible that you and Mr. Quirk are funding this complaint process out of your own pockets. Your entire approach serves to reveal that you are not the type of person who would finance this entire process out of the ‘kindness of your own heart.’ Thus, HDC shareholders have a right to know the following: Who are the individuals who are helping to fund it, and why haven’t they been appropriately disclosed to shareholders?
3. Who are the individuals on your proposed slate of candidates for a new board?
4. Why did you and Mr. Quirk include in your complaint that you desire access to past and present shareholders? Do you believe that, as a shareholder (no different than the rest of us), you have a right to this information, yet I don’t?
5. Who has helped orchestrate the process of posting continually negative messages on the message boards, while going so far as to change aliases? This obviously didn’t occur by accident, and the presence of these individuals coincides with your efforts. Accordingly, don’t you believe that you have an obligation to divulge the truth? Who are these individuals, and who is “James”?
6. You referenced in your shareholder letter the following: “Georgia law allows shareholders owning 25% of the outstanding shares to call a Special Meeting. To that end over 80 stockholders owning more than 75 million shares, or 25% of all outstanding shares (based on information publicly disclosed to the shareholders) sent a letter to the Company demanding a Special Meeting.” Ms. Bear, I have numerous emails that came directly from Mr. Quirk over the years, and I know first-hand that he has been, for quite a period of time, asking for shareholders to provide him with the number of shares they own. Don’t you find it odd, then, that his requests date back to the period PRIOR to HDC’s successes with Intel and Neogenomics? Further, are you aware, Ms. Bear, that Mr. Quirk was signifying that HDC needed new leadership, PRIOR to these successes?
Ms. Bear, I have nothing to hide. I’m a shareholder who holds more shares than you, has invested longer than you, and who has obviously supported the COMPANY well beyond any efforts you have put forth. You obviously think you can prey on those shareholders whom you believe won’t take the time to review the information thoroughly. Yet, as you can tell, I do my homework.
Answer the questions, Ms. Bear.