Wednesday, April 19, 2017

Back in the Saddle

Here is update on docket. The last two dated the 18th are new.  Still do not understand why DVG was specifically excluded from related Ethanol Company filings in last post. 


SkunK

15 comments:

nobody123789 said...

I am concerned about yesterday's trades. These trades, at the BID or lower after-hours, have been the hallmark of dilution-dumping of the discounted shares to debt holders that became available due to a R/S. If this continues this is a very bad sign for three reasons: 1) dilution will be picking up; 2) the recipients are dumping their shares for anything they can get and this will drive down the PPS, probably significantly; and 3) the recipients who have more knowledge about future value of the common shares are NOT holding them indicating that they believe that their value will diminish.

The later observation is the most important. It has always been an open question whether the common shareholders would participate financially in the large gains resulting from the turn in this litigation. It appears as if the "insiders" are saying NO. After paying off YAGI, C&C, the smaller debt holders, and rewarding DW and himself and others, whatever is remaining, and it could be a great deal, is what is in question here. KK has the power and leverage to do whatever he wants with it; for example transferring it to BTZO, and such an example is how the GERS' common shareholders would not gain from the windfall.

nobody123789 said...

DVG has been a thorn in the side of DW, KK, GERS AND the common shareholders; being the ring leader of the willful patent violations. His indemnification of the other defendants is a major reason why this has dragged on so long. Listing him, personally, as a defendant was not a matter of spite but legal necessity. This outcome is very curious; is it possible that an agreement is already in place with DVG? That would explain why C&C/KK are willing to prolong the proceedings another 60 days -- they KNOW that closure will be achieved during that time as DVG has already capitulated? Wouldn't that be news!

Anonymous said...

If the common shareholder is not rewarded after all these years of supporting and patience, I will personally file a shareholder's derivative lawsuit against GERS and KK, mark my word... This is no time to get greedy with all the people that believed and supported thru investing in common stock.

Anonymous said...

This week is where the rubber meets the road... Although we may not here any results from the arbitration for days weeks, this may be make it or break it. Unless that is that they can't come to terms and we end up heading back to court.

Please oh please Kevie, show us what you are made of!!!

nobody123789 said...

Not just KK, C&C have a BIG iron in this fire too!

nobody123789 said...

GERSD delinquent https://www.otcmarkets.com/stock/GERSD/quote

Anonymous said...

Will there be updates each night after the arbitration meetings? Or an announcement after the proceedings are done? We need some info!!!

nobody123789 said...

Updates from KK ? You have not been following this company very long.

Anonymous said...

Any flies on the wall following this blog???

Anonymous said...

Share price doesn't look too good. Maybe the bus boy cleaning the trays out of the conference room is selling on what he is hearing...

nobody123789 said...

If we have a settlement we win, if we continue with the appeal we win. A win/win the only difference is the time required to get to that win. Be patient, your nervous humor is exposing your anxiety.

Anonymous said...

I don't mind exposing my anxiety! Share price is tanking and I am anxious. How about that for exposing my anxiety...

I will say this though, if we hit sub-penny, I may buy another half million shares. But my anxiety with that is if KK disregards the common shareholder and somehow finds a way to only reward the preferred shareholders. Past actions with all the creative financing has led me to sour on the integrity of the decisions.

nobody123789 said...

You must have known that going in. There is no doubt in my mind that there will be a large win here either through settlement or the appeal -- the question is when? Any one that counts on KK "doing the right thing" for the common shareholders is really gambling -- could happen and it has in the past but the odds are not in our favor in that regard.

Thus, the play here is the notoriety association with the WIN, riding that wave and then getting the hell out of Dodge before reality sets in.

Be careful how many shares you own; it may difficult to quickly get out and you may need to file SEC form 13D (it is ugly what you have to divulge). http://www.investmentfundlawblog.com/resources/investments-by-funds/acquiring-5-publicly-traded-company/ You say another 500,000 which means you own at least 500,000 meaning you would own at least a million. The current reported OS count is 14.4 million, if the 10K demonstrates less than 20 million OS count you would be in jeopardy here.

Good luck -- let the dice fly!!

Anonymous said...

Waiting for some word on this:

"The parties have agreed to mediate this matter on April 25-26, 2017 in the Chicago area, with Mr. Jonathan Marks as mediator, to attempt to resolve all, or at least a substantial portion, of the issues between them. The parties are diligently preparing for the mediation and engaging in settlement negotiations."

Who has access to Pacer? I would love to see a PACER cancelling the court proceedings!

nobody123789 said...

Read the rest:

"Should the mediation prove unsuccessful, the parties will submit a briefing schedule for the Court’s approval by May 19, 2017."

There has to be a filing by May 19 if the appeal is to continue. Thus by May 20, if the Skunk can get it, we will know for certain.

 
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