aus zeitmangel mal bei i-hub geklaut aber es erklärt es etwas hoffe ich
good luck
ich hoffe Flynn hat bald mal fertig
They planned on selling a certain amount of stock a long time ago. They still own MILLIONS of shares. James Flynn is Deerfield
Deerfield Management, as investment manager, Deerfield Private Design Fund, Deerfield Private Design International, Deerfield Special Situation Fund and Deerfield Special Situations International (collectively, the " Stockholders "), as stockholders, and UBS Securities, LLC (the " Broker "), as broker, entered into a Rule 10b-5-1 Sales Plan (the " Sales Plan ") dated as of June 13, 2011. The Sales Plan is intended to qualify under Rule 10b5-1 of the Securities Exchange Act of 1934, as amended, and provides for the sale of up to 3,144,784 shares of the Company’s common stock held by the Stockholders at a per share sale price that is at or above $0.99, subject to certain volume limitations. The Sales Plan shall terminate (i) upon three days prior written notice by Deerfield Management or the Stockholders to the Broker, provided that Deerfield Management and the Stockholders will not terminate the Sales Plan at any time that they are aware of nonpublic information about the Company and/or its common stock or any time during the period beginning on the 14 th day prior to the end of the fiscal quarter of the Company and ending at the beginning of the second trading day following the Company's public release of its earning for such quarter or (ii) the date on which the Company or any other person publicly announces a tender or exchange offer with respect to the Company's common stock or a merger, acquisition, reorganization, recapitalization, or comparable transaction affecting the securities of the Company as a result of which the Company's common stock is to be exchanged or converted into shares of another company, subject to certain exceptions.
The foregoing description of the Sales Plan is not complete and is qualified in its entirety by reference to the Sales Plan, which is attached hereto as Exhibit 99.17 and is incorporated by reference herein.
Item 7. Material to be Filed as Exhibits.
Item 7 of the Schedule 13D is hereby amended to include the following:
Exhibit 99.17 Rule 10b-5-1 Sales Plan, dated as of June 13, 2011, by and among UBS Securities, LLC, Deerfield Management Company, L.P., Series C, Deerfield Private Design Fund, L.P., Deerfield Private Design International, L.P., Deerfield Special Situation Fund, L.P., Deerfield Special Situations Fund International Limited.
Minimum share price of $0.99
Maximum volume depending upon share price, as follows:
Up to 15% of volume from $0.99 - $1.10 per share
Up to 20% of volume from $1.11 - $1.20 per share
Up to 25% of volume from $1.21 - $1.30 per share
Up to 30% of volume from $1.31 - $1.40 per share
Up to 35% of volume above $1.40 per share
All trades must allocated among Stockholders in proportion to their respective holdings of Stock included in the Sales Plan, as shown in the following table, unless Broker is otherwise advised by the Investment Manager
Stockholder Number of Shares
Deerfield Private Design Fund, L.P. 822,676
Deerfield Private Design International, L.P. 1,325,293
Deerfield Special Situations Fund, L.P. 355,974
Deerfield Special Situations Fund International, Limited 640,841
"Nur weil du paranoid bist, heißt das nicht, dass sie nicht hinter dir her sind."
Terry Pratchett
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