Well did they respond to the SEC on the NGIO form 10 inquiries? Based on the letters from the SEC, I don't think they did. They just decided to amend the Form 10 and submitted after the final SEC letter. At least it looks that way. So is there a possibility they did not respond timely to the SEC on the S1, who knows.
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Disclaimer: Of course, all of this is my opinion and you should not make any investment decisions based on my opinion. I have not received any non-public information.