Clearly, therefore, the claimed need for additional time to assess whether ICM should be added to the Tag-Along cases is not remotely true and this portion of Cleantech’s motion should be denied in its entirety.
For Cleantech to say it needs 30(b)(6) depositions before it decides whether to add ICM as a defendant to the Tag-Along plants that use ICM’s process, when ICM has been a defendant from the beginning of this lawsuit, is a canard.
See Here
SkunK
The lawyers on both sides have generally supported each others extensions and the judge has gone along. Now we see some aggressiveness out of the tag-alongs here. It will be interesting to hear the judge's response to this. It will also be interesting to hear GreenShift's response to the inevitable request for an extension on the part of the defendant tag-alongs.
Posts
65 comments:
Let's get this thing moving along.
Delay, cash hemorrhage, additional delay, extreme cash hemorrhage, more delay, GERS is exsanguinated. No transfusion, just defendants strategy being successful.
This next R/S will be very interesting. In the past the due date for execution has been delayed. There was no need to execute the R/S as there were still a large number of shares under the AS to allow for massive dilution. This time it is different in that we have (nearly) exhausted all these shares. If GERS is as desperate to get their hands on more common shareholder cash as they appear to be in the 10-K the R/S will be executed on the prescribed day (or very soon thereafter); not weeks later. You will know when this happens; you will not be able to get a quote for "GERS", and you will not be able to sell your "GERS" shares. Then go to this site and see if the new shares "GERSD" have been listed.
http://www.otcmarkets.com/market-activity/symbol-changes
Excellent positioning Mr. Nob ody.
If GERS is diligent in their filings and paperwork and do the r/s as they told us you have positioned yourself to declare it as a sign of extreme weakness, desperate for money. Normally when a company does exactly what it says it is going to do it is a sign of confidence.
Up is down, right is left. Good is bad. Well your negative positioning certainly is a bullish sign of what you truly expect.
Truth can be painful. If GERS does not go BK, or if YAGI does not call the note I am long-term very bullish. That sentiment does not blind me to reality. Further, I still hold a few shares in case the SJ is in GERS' favor. I know it is impossible to believe that someone holding stock can be objective, but that is because many here cannot see beyond their own needs and hopes. Your attempt to whitewash these problems is just foolish.
hahhaa n0b0dy wrong again what a idiots guy. cant even ,make money in up market
My comments whitewash nothing. My comments were not even directed at the company, either pro or con.
My comments were directed at your gambit, admiring how you position yourself to spin weakness in the future.
Pump it (again) with PRs but this time to $1, sell 22 million shares and be done with YAGI.
Generally speaking, R/S is for loser management's favorite option and the company is failing.
What can you possibly think is positive about a R/S? The mindset that ANYTHING positive is associated with another R/S is a mind that has been brain-washed and white-washed.
Who said anything positive about the R/S?
Allow me to simplify. You said that if GreenShift met it's R/S deadline you would portray it as a negative. Reason states that if a company meets a deadline that should inspire confidence. That is a positive. Not the R/S. Meeting the deadline. Discernment.
Here is an analogy to your argument.
I would say that holding a free and fair election is a positive thing in a free society. Then you might argue that I was wrong since you do not like who was elected. Do you see how you are not arguing the point in either case?
One word -- fallacious!
Well your a bigger man than I thought. To sum up the jest* of your argument with such a word is very open minded of you.
[*No, I am not confused with gist. Jest was chosen with care]
good one, anon
Dead company. No words whatsoever from KK for months. But still collecting his decent paychecks.
difficult to sell shares (dilute) if theyre not on the OTC market because of the new .01 min bid rule.
so .......... will they fall into complete obscurity or pump it up ... or up and up and up???
http://www.grainnet.com/pdf/greenshift_09workshop.pdf
11% of Gross Sales Price Retained by GreenShift
15 % of Net Value of Corn Oil Retained by GreenShift
Outdated. The law suits have caused clients to hedge the outcome in a way that reduces these numbers.
Anyone surprised this is all happening on the brink of summary judgment?
Brink? When do you think that will be adjudicated?
during the turmoil/ after removal.
is retort a shortened form of retorical?
It is VERY surprising that we have not heard from Slash telling us how we have misinterpreted the 10-K and it is really incredibly good -- better than he had hoped for. I wonder?
That's your problem, waiting and posting.
BTW Slash usually doesn't say others are misinterpreting unlike you. Slash gives his opinion in a very dosed manner. Although we are not allowed by you to enjoy that privilege WE certainly do.
Go on call me a knuckle dragging cheer-leading nobodythaler.
Just like lemmings to the sea. Unbelievable; "not allowed to enjoy the privilege" of hype and misleading statements? Is this a religion?
Religion? Certainly that is something we can all benefit from. Believe in something. Something bigger than yourself. No, I am not talking about your ego.
If KK is confident about the future, how come he doesn't own his company's common stock?
Do you care to answer your question yourself? Just check the SEC and see how much he invested.
Don't forget to come back with your outcome or you'll be the laughing stock again.
Did you ever follow up on your statements of visiting the Kreislers at their home address?
Not today.
http://www.otcmarkets.com/market-activity/symbol-changes
Damn, that little "BenWhore" is about annoying as "nobody"!
Ah, but there is a difference, I am mostly correct. Hard to accept but true. Where is Slash, I need him to tell me how my facts do not line up with GERS' performance.
Same answer as 6 years ago, when you were wondering why your "facts" didn't line up with your expectations of the royalties.
Your facts are WRONG
Even if the truth would glare you in the face you would not recognize it let alone that you are mostly correct.
Obviously you made a mistake 9 years ago everything thereafter is build on that premise.
Sorry, but annoying is still annoying any way you look at it. I can't believe iHub won't let you post an honest response but will allow FALSE information to abound!
Anony 9:02 my unwillingness to accept, at face value, clear discrepancies that should have been transparent finally led me to solving this riddle. I have shared this finding recently with any who were willing to open their minds and eyes. Understanding this disconnect is critical to understanding why GERS is in such financial difficulty while their client's abound in revenue, why the only course left to success is wining this ligation and getting the court awarded damages, and until we do it is not going to be pretty here. We will experience massive dilution, likely more R/Ss, risk BK, and even YAGI calling the note until that day happens. So castigate for demanding answers, but do not blind yourself to their importance once found.
hahhaa n0b0dy wrong again what a idiots guy. cant even ,make money in up market
Why did you chose now to share the knowledge that was available in their filings? Plain in sight easy overlooked with a one track mind. Hidden agenda is more likely. Otherwise you would not be screaming sell and then buy and trade as a true sub-pennyflipper, "monstrous" winnings, most shares off all, with hindsight published trades, your math is flawed so is your investment advice.
Was the split delayed because they found a finance deal? Hmmmm.
Not today any way.
I have no idea why there are more than 120 million shares on the BID. In a few weeks; maybe even tomorrow (after the R/S) we have every indication from the company that massive dilution will resume. Don't people read SEC filings, or do they make these decisions based on message board postings?
Slash, there a lot of your following flailing now. They need some positive reinforcement.
English please.
04/03/14 Notice of Allowance 14/087,229
04-03-2014 NOA
Fees due 07-03-14
First Named Applicant: GS CLEANTECH CORPORATION , New York, NY (GreenShift)
MULTIFUNCTIONAL BIOCOMPOSITE ADDITIVE COMPOSITIONS AND METHODS
Biocomposite Processing Technology
The newest addition to GreenShift's Biocomposite patent portfolio.
GERS' now has as many biocomposite patents as they do oil extraction patents. 04/03/14 Notice of Allowance 14/087,229.
http://appft1.uspto.gov/netacgi/nph-Parser?Sect1=PTO1&Sect2=HITOFF&d=PG01&p=1&u=/netahtml/PTO/srchnum.html&r=1&f=G&l=50&s1=20140080946.PGNR.&OS=DN/20140080946&RS=DN/20140080946
BACKGROUND OF THE INVENTION
[0003] A variety of agents are used to form thermoplastic materials. These agents include compatibility agents, foaming agents as well as melt agents, which lower processing temperatures of plastics and other materials. Compatibility agents, melt agents and foaming agents can reduce the cost and consumption of thermoplastic or thermoactive materials. Accordingly, there remains a need for an inexpensive biologically derived material that can reduce the cost and consumption of plastic or thermoactive materials. There is also a need for inexpensive and energy efficient methods of producing biocomposite materials.
[0004] Recycled mixed plastics from domestic and commercial waste are generally incompatible in view of processing in a shaping process, such as extrusion. Mixtures of these plastics have led to materials that can be used in products having low physical and mechanical demands. Compatibility agents allow mixtures of incompatible plastics to be molded into generally uniform materials. Compatibility agents that have been used are generally chemical agents, such as polystyrol and polybutadiene. These and other chemical compatibility agents are generally toxic and expensive. Similarly, chemical melt agents are generally toxic and expensive. Hence, there is a need for compatibility and melt agents that are inexpensive as well as non-toxic.
[0005] Foaming agents are frequently used in the production of various polymeric foamed materials. The foaming agents are generally physical blowing agents such as nitrogen or carbon dioxide in a supercritical state and are injected into a molten polymer. The blowing agents produce microscopic cells throughout a polymer, which results in a foamed polymer. This process requires expensive equipment and materials. Thus there is a need for a foaming agent that is inexpensive and simple to use.
Thomas Alva Edison inventor and holder of 1,093 US patents died a pauper because he was a poor business man. That lesson is relevant to GERS. No amount of patents can make up for poor business decisions and acumen. Unless GERS has the capacity to translate their technology into a business that generates revenue and income based on them the common shareholders cannot take satisfaction in any additional patents coming into the GERS' domain.
Your continued attempts to redirect attention from the dismal business performance of GERS with "new patent smoke screens" are failing and your flock is becoming demoralized.
GreenShift's Motion for Summary Judgment Will be Granted
The court and the USPTO are the only government support GERS needs and they're getting it.
GreenShift's motion for summary judgment will be granted in part or in full, IMO. The ruling is in the hands of the judge. The court's and the USPTO have been siding with GERS and I believe this motion will be granted in the very near future.
GERS stands to gain $100's of million in back royalty's due to infringement of their family of patents.
Digging into the details of the 10K, GERS nearly broke even with a small loss of $285K after the one time charge for the write off. It was, in fact, a smaller loss than Q313.
GERS accounts receivables climbed to nearly $1.2M.
Had this been recognized as revenue like it will be in the Q114 report, GERS would've reported a $1,000,000 profit, excluding the one time write off charge of $2.5 million as well as the one time settlement charge of $125K and $1.89K.
Some cash was used to ramp up inventories which will translate into more cash, revenue, and debt reduction in the guaranteed profitable Q114 report due next month.
Inventories ramped up from $500K to $1.15M due to the fact GERS is completing installation of new equipment sales to CKH/MGPI.
Now add in another $300K for GPRE's 11th and 12th plant that became operational in Q114. Add $1M+ in equipment sales to CKH/MGPI. Licensed plants increased from 28 to 32, an additional $600K. There's absolutely no doubt, GERS will report a profitable Q114 in May.
Good Luck To All!$!$!$!$
There's absolutely no doubt, GERS will report a profitable Q114 in May.
1) That is not believable since GPRE is hedging its royalty payments to GERS.
2) If Q114 is NOT profitable what will that say about future quarters?
3) If revenue is in such good shape why did GERS need to dilute nearly 1.75 billion shares in the last quarter to pay bills?
4) If revenue is in such good shape why are more R/S on the horizon? Not my words theirs.
These are very misleading statements. I will give you an opportunity to correct them.
"$2.5 million in income for 2012, while net loss for 2013 was $4.4 million, a differential of almost $7 million less income in a year when so many thought that new revenue streams, and record years for our clients would signal more revenue/income for GERS."
March 31, 2014 at 12:10 PM
"Last quarter when our clients were reporting record profits and revenues GERS income went from $480,731 for the first nine months to a loss of $2,347,707 for the year. In other words, a loss of $2,828,438 for the last quarter"
No need they are based on data from SEC filings. The "misleading" is in the eye of the beholder and they are widely held by many here and elsewhere. You can apply your opportunity to someone else.
Who would believe a messageboard poster that has proven to be a liar by his own words?
Saying GERS is sell whilst buying.
making humongous profits over the back off his followers.
Setting The Record Straight, GERS Nearly Broke Even...
GERS reported a small loss of $285k in Q413, after one-time charges. This compares to a $500k loss in Q313 and a $700k loss in Q213.
With $600K to $700k in newly licensed revenue, as well as $1M in equipment sales in the pipeline, I fully expect and am predicting a profitable report this May.
"$2.5 million in income for 2012, while net loss for 2013 was $4.4 million, a differential of almost $7 million less income in a year when so many thought that new revenue streams, and record years for our clients would signal more revenue/income for GERS."
The truth can be found when the details are dissected.
The 2012 income of $2.5M included a one-time, "gain of about $3.8 million upon debt extinguishment".
Without this one-time gain, GERS reported a $1.3M dollar loss in 2012.(2013 included a gain of about $132,000 upon extinguishment of debt.)
Continuing on...
"Last quarter when our clients were reporting record profits and revenues GERS income went from $480,731 for the first nine months to a loss of $2,347,707 for the year. In other words, a loss of $2,828,438 for the last quarter"
I'm puzzled by this misstated and very misleading information that can NOT be found ANYWHERE in the SEC filings. It's simply a perversion of the truth, a long nosed lie.
GERS reported a $1.3M loss for the first nine months of 2013. Q413 included a one-time write off of $2.5M as well as a one-time settlement of $125K and $1.89K.($2.814M total one-time charges)
After consideration of one-time charges, GERS almost broke even, reporting a loss of just $285K in Q413.
This is a 43% reduction from the loss of $500k in Q313.
Q213 showed a loss of $700K so one can clearly see the improvement.
In the past 3 quarters, the loss shrunk from $700k to $500k to $285k.
Accounts receivables are recognized as revenue in 30 days.
Had the $1.2M in accounts receivables been recognized as revenue in the quarter, GERS would've posted a $1M profit.
If 28 licensed plants generated $4.7M in revenue/accounts receivable, then 32 plants can be expected to generate an additional $600k to $700K.
In addition, inventories will translate into equipment sales, boosting revenue.
Good Luck To All!$!$!$!$
hahhaa n0b0dy wrong again what a idiots guy. cant even ,make money in up market
Nobody is probably Trustworthy and Golden and many other alias that go back to old raging bull posts.
The pretend dialog between Nobody and Trustworthy was so obvious written by the same person it was sad.
Still sad.
Uh Uh
Slash is back!
Time to be careful again.
All being said and done I believe GERS doesn't win anything by showing big profits, at this time.
xxxxx
Not today.
if YA dilutes down past .01 and GERS gets removed from the otc market via the new rule, where will YA be able to dump additional shares? nowhere???
I smell a new or altered agreement.
pull the rabbit out of that hat!
the new .01 rule (unforeseeably) screws YA. its not GERS fault.
YA has the right to sell shares but does not have to sell shares (if [they] do not want to).
How about another 1:100 R/S in six or less months? Do not need rabbits, or hats to accomplish this -- just business as usual.
why would GERS to that? no more dumping by YA past 01?
game over
If it goes below 1 cent, then they can do another R/S. Very Simple.
i dont see anywhere in the YA agreement that states GERS is required to do that. GERS appears obligated only to keep enough shares on hand to cover the debt.
where and how will you "buy back in" below .01?
bearr buy now!
revenue is increasing!
summary judgment is on thee way!
hahhaa n0b0dy wrong again what a idiots guy. cant even ,make money in up market
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