Having reviewed Plaintiff’s Motion for Continuance [Dkt. 127], Defendants’ Response in Opposition [Dkts. 128 and 129] and Plaintiff’s Reply in Support of Motion for Continuance [Dkts. 131 and 132], the Court hereby DENIES Plaintiff’s Motion for Continuance.
It is so ORDERED this 17th day of August, 2011.
See Here
SkunK
Markman Hearing will go as scheduled - 9:30 am, 22 August 2011 - this Monday.
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3:14-4:50 GERS COES
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Feedstock Conditioning!
Chairman, President & Chief Executive Officer, 37
So who will benefit from this relationship? Stay tuned to find out!
Project Manager, 2006-08 Greenshift Ethanol Conf Attendee, Alparetta, GA - About 28 years old
Rachael is a 1994 Graduate of Lakeside, a private Prep school in Seattle, WA. Rachael is a graduate of The University of the South, with a cum laude bachelor's degree in biological psychology and minors in fine arts and philosophy. One time IBM site designer, worked on Macy's e-commerce site and the redesign of the NYSE site. Founder of Kissykat and Candent Corp. As of March 31, 2008, the Company (GERS) owed Candent Corporation $757,853 (the "Candent Note"). The former president of Candent is the wife of the Company's chairman. All of the issued and outstanding capital stock held by Candent is in trust for the benefit of its former president. The note payable to Candent shall bear interest at a rate of 10% per year and matures November 8, 2010. (P. 21 1st Quarter)
I am the SkunKhunter. I hunt down SkunK stocks. Those are stocks that have been beat down past any reasonable justification. I try to ride the stock up as market forces eventually right the ship of PPS. A SkunK is not a herd animal. He is a scavenger who knows that arriving before the herd means big profits and clean shoes. This is the journey of the GreenShift Corporation. Updated weekly between COB Friday and Sunday evening. (Disclaimers on Bottom of Site)
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co2 Bioreactor
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Kevin Kreisler
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Time Line for Patents
- 17 Aug 2004 Clean Tech filed first COES Provisional Patent Application “050”
- 2004 Inventors Disclosed Technology to ICM. ICM executed Confidentiality Agreement. ICM purchases two authorized COES.p3
- June 2005: Westfalia is still "developing" COES technology while ICM is finally installing the two COES bought from the Inventors the year before
- 2005 The Inventors invited Ethanol manufacturers to symposium to hear about COES – 30% attended.(SkunK's idea on which one)
- 5 May 2005 Clean Tech filed first COES Non-Provisional Patent Application “859”
- 23 Feb 2006 '858 patent publication date.
- 23 Feb 2006 '729 publication date
- 6 May 2009 GERS receives Notice of Allowance for first Patents
- U.S. Patent 7,601,858 issued 13 Oct 2009
- U.S. Patent 7,608,729 issued 27 Oct 2009
- 16 Feb 2010 Notice Of Allowance Issued For Third GreenShift Corn Oil Extraction Patent
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CHAIRMAN of the GERS BOARD
Mr Kevin Kreisler maintains his GERS stock through his holding company: Viridis Capital, LLC. Mr. Kreisler is a graduate of Rutgers University College of Engineering (B.S., Civil and Environmental Engineering, 1994), Rutgers University Graduate School of Management (M.B.A., 1995), and Rutgers University School of Law (J.D., 1997). Served as the Company’s vice president from 1998 to 2000, president from 2000 to 2002, chief executive officer from 2002 to 2005 and has served as the Company’s chairman from 2005 to the present. Admitted to practice law in New Jersey and the United States District Court for the District of New Jersey. Kevin Kreisler is the sole owner of Viridis Capital LLC; GreenSpace Capital, LLC; Incandent Capital, L.L.C. Mr. Kevin Kreisler is about 37 years old.
"Roots" of Greenshift
- Greenshift Corp - until present
- GS Clean Tech Corp - until 2-2008 - 1-50 Reverse Split 12Dec2007
- VERIDIUM CORP until 7-2006
- KBF Pollution Management Inc from 3-1996 until 10-2003 - 1-20 Reverse Split 21Oct03
- KBF Pollution Control Inc 1984-1996
- Kreisler Bags - then - Kreisler Bags and Filtration 1979-1984 (hence "KBF" above)
Technicians and Magicians Behind the Curtain
David Fred Cantrell - Graduate of the University of Georgia where he received a Masters Degree in Poultry Science and Statistics. Co-inventor of COE technology with Dave Winsness. Started: Cantrell Winsness Technologies LLC. Next: CEO of Mean Green Biodiesel. Works out of One Penn Plaza, NY?
Dan Lester - Project Manager, GS CleanTech. Past: Warnecke Design Engineer 2004-2007; Imagetech Inc. Engineer 2001-2004. Education: Devry University EET, Electronics Engineering, 1998 — 2001
Patrick Bush - GreenShift’s Vice President of Biodiesel Technology
Dan Page - Attended 2008 Ethanol Conference for Greenshift Corp from Alpharetta, GA.
Dan Saltzman - Controller Greenshift Corporation
Past: 2001 — 2004 Assistant Controller, New York Mortgage;
1989 — 2000 Assistant Vice President Financial Reporting, Scudder; 1984 — 1997 Bucknell University
Jacqueline Flynn - Controller of GreenShift Corporation since 2006. She is the Chief Financial Officer (CFO) and Chief Accounting Officer for ESYM/ADRN. She is also the CFO for CICS. She has twenty years experience in financial accounting for both public and private companies.
Mary J. Carroll - Worked in GreenShift Administration since at least December of 2003. Presently GreenShift Vice President of Administration.
John W. Davis - John "Whit" Davis, has a B.S. in Civil Engineering from the U.S. Coast Guard Academy and an M.B.A from Boston University. GS CleanTech's new Vice President of Operations (as of PR 22 Jan '07), has a broad base of diversified management, engineering, operational and business development experience. Mr. Davis led the deployment of GS CleanTech's existing Corn Oil Extraction System installations at Little Sioux Corn Processors and Glacial Lakes Energy. Most recently in his career, Mr. Davis was the technical director for special projects at Vortex Dehydration Technology, where he led product design, development and implementation for many applications of the technologies underlying GS CleanTech's Tornado Generator[TM]. Mr. Davis holds the rank of Lt. Commander as a reservist with the U.S. Coast Guard. (One of four original COES Inventors.)
Dan Lester - Project Manager, GS CleanTech. Past: Warnecke Design Engineer 2004-2007; Imagetech Inc. Engineer 2001-2004. Education: Devry University EET, Electronics Engineering, 1998 — 2001
Patrick Bush - GreenShift’s Vice President of Biodiesel Technology
Dan Page - Attended 2008 Ethanol Conference for Greenshift Corp from Alpharetta, GA.
Dan Saltzman - Controller Greenshift Corporation
Past: 2001 — 2004 Assistant Controller, New York Mortgage;
1989 — 2000 Assistant Vice President Financial Reporting, Scudder; 1984 — 1997 Bucknell University
Jacqueline Flynn - Controller of GreenShift Corporation since 2006. She is the Chief Financial Officer (CFO) and Chief Accounting Officer for ESYM/ADRN. She is also the CFO for CICS. She has twenty years experience in financial accounting for both public and private companies.
Mary J. Carroll - Worked in GreenShift Administration since at least December of 2003. Presently GreenShift Vice President of Administration.
John W. Davis - John "Whit" Davis, has a B.S. in Civil Engineering from the U.S. Coast Guard Academy and an M.B.A from Boston University. GS CleanTech's new Vice President of Operations (as of PR 22 Jan '07), has a broad base of diversified management, engineering, operational and business development experience. Mr. Davis led the deployment of GS CleanTech's existing Corn Oil Extraction System installations at Little Sioux Corn Processors and Glacial Lakes Energy. Most recently in his career, Mr. Davis was the technical director for special projects at Vortex Dehydration Technology, where he led product design, development and implementation for many applications of the technologies underlying GS CleanTech's Tornado Generator[TM]. Mr. Davis holds the rank of Lt. Commander as a reservist with the U.S. Coast Guard. (One of four original COES Inventors.)
Christopher Kennedy
Project Manager, 2006-08 Greenshift Ethanol Conf Attendee, Alparetta, GA - About 28 years old
Public History of the Keisler Family
The lovely Mrs. Rachael Kreisler
Rachael is a 1994 Graduate of Lakeside, a private Prep school in Seattle, WA. Rachael is a graduate of The University of the South, with a cum laude bachelor's degree in biological psychology and minors in fine arts and philosophy. One time IBM site designer, worked on Macy's e-commerce site and the redesign of the NYSE site. Founder of Kissykat and Candent Corp. As of March 31, 2008, the Company (GERS) owed Candent Corporation $757,853 (the "Candent Note"). The former president of Candent is the wife of the Company's chairman. All of the issued and outstanding capital stock held by Candent is in trust for the benefit of its former president. The note payable to Candent shall bear interest at a rate of 10% per year and matures November 8, 2010. (P. 21 1st Quarter)
Kreisler Family Involved in GERS
Lawrence M. Kreisler - Lawrence is the sole owner of Serenity Capital, LLC. Built Kreisler Bags, then Kreisler Bags and Filters, then KBF Pollution Control Inc., then KBF Pollution Management Inc. After 1-20 R/S Sept2003 company was taken over by Veridium Corp in Oct2003, controlled by son Kevin. Resigned, effective December 31, 2003, as an officer and director of Veridium Corporation. Continued to work at Veridium's Paterson, New Jersey based recycling facility, that was designed on recycling technologies he invented. His employment was terminated in July 2004 due to irreconcilable philosophical differences in how to best operate and grow that facility. Bronze Parachute included: 100 percent of his salary of $150,000 through December 31, 2004 and 50 percent of his salary through December 31, 2006. Medical benefits until the age of 65. Lawrence is about 61 years old.
Scott Kreisler - Scott is the sole owner of Cyrus Capital, LLC. Brother of Kevin Kreisler, listed as a Beneficial Owner of Veridium Corporation on 4/2/2002 SEC filings. The 2005 annual report also says: "During 2005, Scott Kreisler, brother of Kevin Kreisler, received salaries of $72,700. Scott Kreisler no longer works for the Company." In February 2006, Cyrus Capital, LLC, purchased from GCS Investments $500,000 in convertible debt issuedby GS Clean Tech. During the period ended March 31, 2006, Cyrus effected conversions totaling $280,000, corresponding to 14,000,000 shares of the Company's common stock. During the second quarter 2006 Cyrus effected additional conversions totaling $120,000 into a total of 6,000,000 shares of the Company's common stock.
Kathi A. Kreisler From a 3/30/2001 filing: Kathi Kreisler is a Co-founder of VERIDIUM CORPORATION and served as its President from 1984 through December 1994. She has been a director since March 1984. In January 1995, Ms. Kreisler became vice president, secretary and treasurer of Veridium Corporation. From 1979 to 1984, Ms. Kreisler was a principal in Kreisler Bags and Filtration, Inc., which name was subsequently changed to KBF Pollution Management, Inc. Ms. Kreisler is the wife of Lawrence Kreisler and is the mother of Kevin and Scott Kreisler. During 2005, Kathi Kreisler received salaries of $33,750. During December of 2005, Kathi Kreisler received 3,806,811 shares of the Company's common stock as a settlement of all severance liabilities.
MIF During the first quarter 2008, Minority Interest Fund (II), LLC ("MIF") acquired the Kerns $1,000,000 Debenture. In February 2008, MIF subsequently fully converted this debenture at the rate of $0.16 per share into 6,875,000 shares of Company common stock. The managing member of MIF is a relative of Kevin Kreisler. (p. 23 1st Qtr Rpt)
Scott Kreisler - Scott is the sole owner of Cyrus Capital, LLC. Brother of Kevin Kreisler, listed as a Beneficial Owner of Veridium Corporation on 4/2/2002 SEC filings. The 2005 annual report also says: "During 2005, Scott Kreisler, brother of Kevin Kreisler, received salaries of $72,700. Scott Kreisler no longer works for the Company." In February 2006, Cyrus Capital, LLC, purchased from GCS Investments $500,000 in convertible debt issuedby GS Clean Tech. During the period ended March 31, 2006, Cyrus effected conversions totaling $280,000, corresponding to 14,000,000 shares of the Company's common stock. During the second quarter 2006 Cyrus effected additional conversions totaling $120,000 into a total of 6,000,000 shares of the Company's common stock.
Kathi A. Kreisler From a 3/30/2001 filing: Kathi Kreisler is a Co-founder of VERIDIUM CORPORATION and served as its President from 1984 through December 1994. She has been a director since March 1984. In January 1995, Ms. Kreisler became vice president, secretary and treasurer of Veridium Corporation. From 1979 to 1984, Ms. Kreisler was a principal in Kreisler Bags and Filtration, Inc., which name was subsequently changed to KBF Pollution Management, Inc. Ms. Kreisler is the wife of Lawrence Kreisler and is the mother of Kevin and Scott Kreisler. During 2005, Kathi Kreisler received salaries of $33,750. During December of 2005, Kathi Kreisler received 3,806,811 shares of the Company's common stock as a settlement of all severance liabilities.
MIF During the first quarter 2008, Minority Interest Fund (II), LLC ("MIF") acquired the Kerns $1,000,000 Debenture. In February 2008, MIF subsequently fully converted this debenture at the rate of $0.16 per share into 6,875,000 shares of Company common stock. The managing member of MIF is a relative of Kevin Kreisler. (p. 23 1st Qtr Rpt)
The SkunK on the Big Picture Stuff
Capitalism
"This system is not bad, it is just how things have worked in every functional society since time began. Someone provides a good or service in exchange for receiving a good or service. Money just facilitates making change and keeping score."
Socialism
"A system where more goods and services are provided to those who provide less goods and services." Leads to less goods and services.
Communism
"Where the link to producing goods and services and receiving goods and services is severed. Outdated, shabby or no production follows. Leads in time to a robust Free Enterprise system - starting with a black market."
"This system is not bad, it is just how things have worked in every functional society since time began. Someone provides a good or service in exchange for receiving a good or service. Money just facilitates making change and keeping score."
Socialism
"A system where more goods and services are provided to those who provide less goods and services." Leads to less goods and services.
Communism
"Where the link to producing goods and services and receiving goods and services is severed. Outdated, shabby or no production follows. Leads in time to a robust Free Enterprise system - starting with a black market."
GERS CHART
Disclaimer
**Traditional SkunK Disclaimer.
Note: I am a shareholder - I do not work for, nor do I receive any direct or indirect payment from GERS or anyone associated with them. (But it would be Kapitalist Kool if I did) I will not intentionally mislead - but I can be wrong (ask Mrs. SkunK for specific frequencies) - so do your own due diligence - and take responsibility for your own financial decisions – (and your own life in general) good or bad. I do not give financial advice - I let you look at my dd as I try to make sense of it all and make MY decisions. Make your own! I have been rightfully accused of being a rather cheery, positive individual who laughs at every opportunity. These tendencies may cause me to overlook deficiencies in this stock that are painfully obvious to others. Celebrate today - and some good garage logic luck to ya.
SkunK
(Blogger formerly know as Skunk)
Disclaimer for those who need additional clarification. . .
My beliefs and the financial strategies discussed on this site are not to be used without proper financial analysis of your personal situation. Better yet, you do not have my permission to use them at all. I strongly suggest you seek help of a financial advisor or, even better, a Certified Financial Planner in order to assist you in any financial planning. I am not selling or advising you to buy any financial products. I am not selling or advising you to buy this stock or any other stock! I am just blogging about one of my favourite subjects! This is a hobby for me and should only be entertainment for you. You may analyse my opinions and determine if they suit you or not. I hope that your personal finance path to your goals will be covered with success and profit. Enjoy your reading.
Additional Disclaimer for the real knukleheads . . . .
Look, if your still reading this disclaimer and haven't figured out my name is SkunK and I don't know nothin' then you really need help. If you still want to blindly go out and do whatever some dude on the internet does then I can't help you. If you are not emotionally secure enough to suffer another's opinion - then turn the dang channel. Quickly seek a mental health professional! I am not one of them either!
Still do not understand? This is for the Lawyers (lol)
DISCLAIMER: The author is not a registered stockbroker nor a registered advisor and does not give investment advice. His comments are an expression of opinion only and should not be construed in any manner whatsoever as recommendations to buy or sell a stock, option, future, bond, commodity, index or any other financial instrument at any time. While he believes his statements to be true, they always depend on the reliability of his sources. The author recommends that you consult with a qualified investment advisor, one licensed by appropriate regulatory agencies in your legal jurisdiction, before making any investment decisions, and that you confirm the facts on your own before making important investment commitments.
Note: I am a shareholder - I do not work for, nor do I receive any direct or indirect payment from GERS or anyone associated with them. (But it would be Kapitalist Kool if I did) I will not intentionally mislead - but I can be wrong (ask Mrs. SkunK for specific frequencies) - so do your own due diligence - and take responsibility for your own financial decisions – (and your own life in general) good or bad. I do not give financial advice - I let you look at my dd as I try to make sense of it all and make MY decisions. Make your own! I have been rightfully accused of being a rather cheery, positive individual who laughs at every opportunity. These tendencies may cause me to overlook deficiencies in this stock that are painfully obvious to others. Celebrate today - and some good garage logic luck to ya.
SkunK
(Blogger formerly know as Skunk)
Disclaimer for those who need additional clarification. . .
My beliefs and the financial strategies discussed on this site are not to be used without proper financial analysis of your personal situation. Better yet, you do not have my permission to use them at all. I strongly suggest you seek help of a financial advisor or, even better, a Certified Financial Planner in order to assist you in any financial planning. I am not selling or advising you to buy any financial products. I am not selling or advising you to buy this stock or any other stock! I am just blogging about one of my favourite subjects! This is a hobby for me and should only be entertainment for you. You may analyse my opinions and determine if they suit you or not. I hope that your personal finance path to your goals will be covered with success and profit. Enjoy your reading.
Additional Disclaimer for the real knukleheads . . . .
Look, if your still reading this disclaimer and haven't figured out my name is SkunK and I don't know nothin' then you really need help. If you still want to blindly go out and do whatever some dude on the internet does then I can't help you. If you are not emotionally secure enough to suffer another's opinion - then turn the dang channel. Quickly seek a mental health professional! I am not one of them either!
Still do not understand? This is for the Lawyers (lol)
DISCLAIMER: The author is not a registered stockbroker nor a registered advisor and does not give investment advice. His comments are an expression of opinion only and should not be construed in any manner whatsoever as recommendations to buy or sell a stock, option, future, bond, commodity, index or any other financial instrument at any time. While he believes his statements to be true, they always depend on the reliability of his sources. The author recommends that you consult with a qualified investment advisor, one licensed by appropriate regulatory agencies in your legal jurisdiction, before making any investment decisions, and that you confirm the facts on your own before making important investment commitments.
When you're one step ahead of the crowd you're a genius. When you're two steps ahead, you're a crackpot.
--Rabbi Shlomo Riskin
First they ignore you. Then they laugh at you. Then they fight you. Then you win.
-- Gandhi
Remember the only reason the herd is on the move is because they finally figured out the last place they rushed off to was wrong! -- SkunK
Git your dirty feet off the furniture! -- Mrs. SkunK
--Rabbi Shlomo Riskin
First they ignore you. Then they laugh at you. Then they fight you. Then you win.
-- Gandhi
Remember the only reason the herd is on the move is because they finally figured out the last place they rushed off to was wrong! -- SkunK
Git your dirty feet off the furniture! -- Mrs. SkunK
SkunK's Free GERS Video Store
Posts
It just don't fit anywhere else!
SkunK's Public Library; Magazine Section
- June 2008 Bio-Diesel Mag - New Bio-Diesel method that can use corn oil
- Marion (3rd COE) site and COE/Biodiesel
- Dr. Bayless explains Algae process he sold to Greenshift
- Our Algae slime is 94% starch and 6% oil
- and the super "algae" comes from Yellowstone
- Biodiesel Nov 2006 - The Matchmaker
- Forbes Dan Fisher Article
- Distillers Grain Quarterly - 2007 1st Quarter - "COE Opens New Markets"
32 comments:
Is it a public hearing and if it is, will anyone be there to give us play by play?
gers wanted the time to bring more evidence to bear against the defense....the judge knowing this blocked that attempt....gers will appeal a decision unfavorable at markman based on this...it is good legal strategy....leaving options open..
Is everyone getting the message now? A successful outcome of this litigation is not guaranteed. If, despite all the evidence supporting GERS, they are not able to ultimately prevail it is lights out for GERS. If they do prevail, as we expect, it is going to be a long haul; many months, perhaps years before we will see a cash infusion from this litigation. Anyone expecting a settlement has not been paying attention to the authoritative discussions on the Skunk Blog and elsewhere -- there is no financial reason for ICM to settle and not play out the entire hand. Any other expectation is just blind hope, just like a GERS share buy back. Thus, no cash settlement in the near future means that eliminating the toxic funding is unlikely. With YAGI conversions hanging over GERS head the ability for the PPS to move up is lessened. Until YAGI is gone, until dilution is no longer occurring, until balance sheets look more respectable we will have a long haul here. That has been my continuing message since the day I started to engage here. The window of return is likely years away. Nothing has really changed this picture and why we risk a significant drop in PPS post R/S.
Nobody, ICM may want to fight this out to the death but that doesn't mean all the other litigants will.
They are clients of ICM not subsidiaries. They can settle at any time and become GERS’ clients.
The GERS system is better, hands down! Sunoco, Advanced Bio and GPRE are direct proof of that. If we get the favorable Markman ruling a number of these litigants may settle and cause a trickle-down effect, especially if GERS waves the accrued fees. If more than half of them settle that would be a real slap in the face. ICM's strength and confidence may erode really quick.
Hey nobody everyone is sick of ur negative crap. Why don't u just sell ur stock and turn of the lights where ever u want to. If u don't believe in the company peace out and stop crying like a little girl.
Right I don't think ICM is gaining any new customers unlike GreenShift.
Objective perspective is not blasphemy as you imply. Why do you not change your wardrobe for cheerleader skirts? As for waving the accrued fees, how the heck are we going to get out of the YAGI vice without them? I have been supporting this company for for more than five years and I believe that it will take that much time, perhaps longer to see the gains that we all want. I am not a short term trick turner like most here, but I am a little girl. G'd I love pimping the cadets here.
I don't believe either party can appeal the markman ruling interlocutorily (before trial). anyone disagree?
With a favorable markman ruling GERS could seek a summary judgement before trial.
I wouldn't worry too much about the condescending Nobody. He likes to hear himself, or in this case read himself. He was completely wrong on the bid collapse after the announcement of the R/S. He is, however, right about the litigation taking longer than most think, but "lights out", not going to happen.
I wish it were that simple. Google:
MARKMAN EXPOSED: CONTINUING PROBLEMS WITH
MARKMAN HEARINGS
Mark R. Malek*
Give me credit for not standing behind the "Anony" curtain. I take positions and defend them. Not always right, but I have better track record with KK/GERS than most. Too many closet cowards here hiding behind the "Anonymous" moniker. What is the matter, afraid to come out and play this game of stock poker in the open? Any way, we should mess up the Skunk's blog with these character assassinations. If you disagree with someone provide data and insights not just the cheerleader chant.
Sorry, I meant not mess up the Skunk's blog.
What do you want? Our names address and a blood sample?
After all, Anonymous and Nobody are pretty much the same thing right? What's the difference between the two besides you were wrong about the bid collapse some sold at 1 and can't get 'em back for less then to thanks to anonymous advise from a nobody!
In support of Nobody, "Nobody" is not the same as anonymous. We know his/her profile from various boards in which he/she has participated for many years. Whilst I don't agree with Nobody that, assuming positive settlement in the patent case it will still take years to get the market value we want, I think he/she is right in being cautious given the track record of management, much of which probably preceded many of the posters here and elsewhere.
Neil,
I am not saying that it will take years to accomplish our goals for GERS IF there is cash settlement. I am saying that without it and incurring the resultant costly protracted litigation that these goals will not be met for a long time. Without the cash settlement how can GERS get out from under the YAGI toxic debt and its potential for large conversions, how can GERS absolutely prevent the dilution that is the "Sword of Damocles" for GERS, and how can it right its balance sheets? It can do this over an extended time, but how can it do this in a few months and not years without a cash settlement -- which is not the same as a court award?
Even though I still think Nobody is condescending I can agree with him on a couple of points. One being that this is going to take a long time to settle. If GERS wins a court award it will be headed for years of appeals. Cash settlement is the way to go, but let's be real, does anyone think that will happen? Not me.
Until Nobody, Neil or anyone puts up their real, full name, address and phone number it's just as good as Anonymous no matter where or how much you post. Anonymity reveals your true character. No?
Sword of damocles Batman how are we ever gonna get out of this mess. Nobody just sell ur piece already ur right its not gonna happen for this company u should save whatever u have invested these last five years and run. I m sure no one will miss ur little rants about how the sky is falling on gers.
Nobody,
Look at the cash flow spreadsheet I put together and that Skunk posted a couple of weeks ago. The trend is incontestable. I'll try to update it to December 2012 if I have time. By my very rough calculations, and based on income ONLY from the COES's in my list (ie those agreed and known by January 2011 - so excludes Sunoco, Advanced Bio etc) and with a conservative corn oil price I see them generating $15m of free cash flow in 2012. Furthermore, this ignores any income from equipment sales, which we know they have contracted recently. Given that total debt is currently approx $26m, they could conceivably clear that down to approx $11m by end of 2012. They may not even need to clear the rest, as at that point they easily have enough revenue/ cash flow to pay the interest. They may choose instead to replace it with more friendly debt financing given that they will have a track record to use by then. So to say this will take years is too pessimistic imo and ignores the positive info we already have. Not pumping, but we need to assess the positive as well as negative.
At that point, as I've said before the valuation here becomes momentum driven as the path to future riches becomes much, much clearer and undeniable. We could easily be looking at a market cap in the hundreds of millions, or 100 times where we are now.
I believe this could happen within the next year, assuming a positive outcome of the patent suit.
Anonymous,
I have put up my full name on this board, and from that my other details can easily be found. I'm not about to advertise it any more than that and leave myself open to cranks and wierdos, spammers etc. On the one hand you seem to indicate that you agree that being transparent carries more weight, then you do the opposite and expect us to respect your opinion.
Neil,
I think that we are saying the same thing. Can you imagine the shape that this compnay would be in if next week at this time a cash settlement of say $25 million was announced? That shape needs to be compared to the time and effort it would take GERS to move to a similar position based only on the business growth that you are documenting. Can you imagine the importance of that settlement to ridding oursleves of YAGI, to expanding markets in the US and the world, to boosting the PPS post R/S?
A cash settlement isn't needed to clear the debt. The company said that the licenses this year will generate enoungh revenue to repay it.
Before the litigation started, we had 4 or 5 COES extracting at 50% of capacity from 1/4 of a billion in ethanol production. The infringers under litigation make up roughly 800 million gallons of production.
We'll have 2 1/3 billion by the end of the year. The business we have now is the main profit driver that'll pay off the debt. The infringers are just an added bonus. Remember back when the infringers were considered the only hope of paying off debt? My oh my, how times have changed.
I believe a zero needs to be added at the end of your $25 million settlement figure.
One thing I've been waiting for is Greenshift to pull their other technologies off of the back-burner. The company is now strong enough and doing this as our most recent customer talks of using Greenshift's other technologies. This is a very good sign. Greenshift's other technologies compete directly with ICM's. ICM has mentioned they're having a bit of financial trouble with loans and selling of property, they're sounding weak. Go GERS!!!
P.S. I haven't seen any dilution in over a month.
Good Luck To All!$!$!$!$!$
I wonder if GPRE is interested in GERS' other technologies?
ADRN up 169% today...WoW!
bottom line....if share price collapses....there never was an urgency to accumulate shares....never....
Slash,
Did I hear you say 191%?
Nobody,
Why are you convinced that paying down the debt as I outlined in the cash flows would take so long to impact the sp. The market is a discounting mechanism don't forget - it's forward, not backward, looking. As soon as the path to manageable debt and significant free cash flow becomes clear then the market will re-rate the stock (ok - maybe not "as soon as" as this stock is not really on the radar, but there are enough greedy hands out there to want a piece of this and feed the momentum). I think you're right to be cautious I just don't buy into the slow manifesting of such a clear and persuasive business model.
Because it is not the business model that will drive this until the aroma of the past history can be erased. That cannot happen without cash now for the stated purposes. Well, that's my thinking. I am willing to wait until all the aroma is erased by by good SEC filings, but many here are in it for the quick return which I do not think will happen without setllment cash.
" As soon as the path to manageable debt and significant free cash flow becomes clear then the market will re-rate the stock". I think bigger investors will buy in but only logically when there is less risk and the potential for gain is much clearer. Issues are dilution from YA debt conversions and the reverse splits. Plus more clarity in the infringement case. With all the new licensees I think were set and things are moving along. The licensees ensure a long term revenue stream which in it's early stages will clear the debt.
The royalties are flowing in and the debt is being paid down. Equitable growth trend. Our commons are part of that equity. Another good sign is the amount of posts from shareholders. So many coming out of the woodwork, much enthusiasm. I'm sure word gets around.
I think the hole in the balloon is the past dilution from conversions and the risk of more. Once that's removed I believe it will soar on current licensees, revenues and future growth potential in revenues and earnings.
And of course potential of signing more and more licensees, EPA forecasts 60% extracting Corn Oil by 2013. GERS is the best and only legal way. I see the majority signing with GERS in next couple years.
Does ICM have patents on anything? I know they're just a construction company and they were denied corn oil patents in the past but do they have any ethanol tech patents? If they do Green Shift should just violate and sell whatever tech ICM has patents on. That way GS could make a ton of cash royalty free for many years before it ever ended up in court. Dave V would like that.
Does anyone have the exact docket number to search for this case on Pacer? TIA
Make sure you are using MDL tab.
put in 2181 for case number.
next screen you will see 12 cases but you want the master case on top. Click on "1:10-ml-2181" in top area.
then "history/documents"
Click cicle with "all events (history)" only, then click "run query"
If date of last update is anything past 18 august then you got something new so click on it and download it.
when you get something be sure to download to your desktop before you leave so you do not pay twice.
Good Luck and let me know when you find something. I expect it to be a few days before the judge gets ruling together but who knows for sure? It could be anytime. I will check a couple times a day if I am at a desk.
Good Luck to you
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