Regulation SHO took effect January 3, 2005, and provides a new regulatory framework governing short selling of securities. It was designed with the objective of simplifying and modernizing short sale regulation and providing controls where they are most needed. At the conclusion of each settlement day, data is provided on securities in which: 1) there are at least 10,000 shares in aggregate failed deliveries for the security for five consecutive settlement days, and 2) these failures constitute at least 0.5% of the issuer's total shares outstanding. Regulation SHO mandates that, if a clearing agent has had a fail-to-deliver position for 13 consecutive settlement days, that clearing agent, and the broker/dealer it clears for, must purchase securities to close out its fail to deliver position.
FiberTower Corp. (NASDAQ: FTWR | news | PowerRating | PR Charts ) provides facilities-based backhaul services to wireless carriers in the United States. Backhaul is the transport of voice, video and data traffic from a wireless carrier's mobile base station, or cell site, to their mobile switching center, where the traffic is then switched onto a fixed telecommunications network. As of December 31, 2007, it deployed 2,813 sites, including 2,148 billing sites. The company was incorporated in 2000 and is based in San Francisco, California. With 150.43 million shares outstanding and 11.13 million shares declared short as of March 2008, the failure to deliver in shares of FTWR has not been resolved and a buy-in is imminent. According to quarterly data provided by the SEC, there were still 26,195 shares of FTWR that were failing-to-deliver as of September 28, 2007.
ICx Technologies Inc. (NASDAQ: ICXT | news | PowerRating | PR Charts ) and its subsidiaries engage in the development and integration of sensor technologies for homeland security, force protection, and commercial applications. The company operates through three segments: Detection, Surveillance, and Solutions. The Detection segment develops products, and conducts research and development in the areas of chemical, biological, radiation, nuclear, and explosives detection. This segment offers Fido explosive detectors, IdentiFINDER and Interceptor radiation detectors, AirSentinel bioaerosol sensors, and Griffin gas chromatography/mass spectrometry line of products. The Surveillance segment provides products and services for perimeter security and wide area surveillance. Its products include Cerberus and SkyWatch towers; thermal imaging cameras, including DefendIR and Orion; STS line of radar products; and MarkIR, an infrared sensors product. The Solutions segment integrates the company's technologies and products to provide single source solutions that address various customer specific security and surveillance needs. This segment offers Cameleon camera control systems; Cameleon ITS transportation management software; StarWatch security command and control software; and Callisto, a non-security related product for process management of various supervisory control and data acquisition applications. The company serves federal agencies; various state and local governments and agencies; and private sector customers in the United States and internationally. It also offers products, components, and sub-systems to integrators in the security and defense industries. The company sells its products through direct sales force, sales representatives, value added resellers, and system integrators. ICx Technologies, Inc. was founded in 2003 and is headquartered in Arlington, Virginia. With 33.71 million shares outstanding and 998,000 shares declared short as of March 2008, the failure to deliver in shares of ICXT has not been resolved and a buy-in is imminent.
Pozen Inc. (NASDAQ: POZN | news | PowerRating | PR Charts ) a development stage company, focuses on the development of products for the treatment of acute and chronic pain, and other pain-related conditions. The company is also exploring the development of product candidates in other pain-related therapeutic areas. Its principal product candidate, Trexima, is being developed in collaboration with GlaxoSmithKline for the acute treatment of migraine. Trexima is a proprietary single tablet containing sumatriptan succinate and naproxen sodium. The company entered into a collaboration and license agreement with AstraZeneca AB for the co-development and commercialization of proprietary fixed dose combinations of the proton pump inhibitor (PPI) esomeprazole magnesium, with the non-steroidal anti-inflammatory drug (NSAID) naproxen, in a single tablet. It has two product candidates in development that combine a PPI with an NSAID in a single tablet, which include PN 100, a combination of lansoprazole and naproxen; and PN 200, a combination of omeprazole and naproxen. These product candidates are intended to provide management of pain and inflammation associated with conditions, such as osteoarthritis, with fewer gastrointestinal complications compared to an NSAID taken alone. In addition, POZEN is exploring the development of product candidates containing lornoxicam, an NSAID to treat pain or other pain-related indications under a license agreement with Nycomed Danmark ApS; and a PPI with aspirin that is intended to reduce gastrointestinal ulcers and complications compared to an aspirin alone. The company was founded in 1996 and is headquartered in Chapel Hill, North Carolina. With 29.72 million shares outstanding and 5.76 million shares declared short as of March 2008, the failure to deliver in shares of POZN has not been resolved and a buy-in is imminent. According to quarterly data provided by the SEC, there were still 44,868 shares of POZN that were failing-to-deliver as of September 28, 2007.
Advanced Cell Technology Inc. (OTCBB: ACTC | news | PowerRating | PR Charts ) a biotechnology company, engages in the development and commercialization of human stem cell technology in the field of regenerative medicine in the United States. The company primarily focuses on cellular reprogramming, reduced complexity program, and stem cell differentiation research programs. It plans to develop and commercialize products for use in treatment of an array of chronic degenerative diseases and in regenerative repair of acute disease, such as trauma, infarction, and burns. The company, formerly known as A.C.T. Holdings, Inc., is headquartered in Alameda, California. With 81.33 million shares outstanding and 1.1 million shares declared short as of March 2008, the failure to deliver in shares of ACTC has not been resolved and a buy-in is imminent. According to quarterly data provided by the SEC, there were still 341,742 shares of ACTC that were failing-to-deliver as of September 28, 2007.
Eden Energy Corp. (OTCBB: EDNE | news | PowerRating | PR Charts ) focuses on large scale oil and gas projects with significant resource potential. Its Noah project in eastern Nevada contains exceptionally rich source rocks, large thrusted fault blocks, and an excellent potential reservoir rock. The Chinchaga prospect in Northern Alberta also targets dolomitized Devonian reservoirs and its large resource potential fits well with the Company's goals. These high potential projects are balanced by the lower risk development project at White River Dome in Colorado. With 42.43 million shares outstanding and 209,600 shares declared short as of March 2008, the failure to deliver in shares of EDNE has not been resolved and a buy-in is imminent. According to quarterly data provided by the SEC, there were still 16,525 shares of EDNE that were failing-to-deliver as of September 28, 2007.
Lenovo Group Limited (OTC: LNVGY | news | PowerRating | PR Charts ) an investment holding company, engages in the development, manufacture, distribution, and marketing of technology products and services worldwide. Its products include personal computers, including notebook and desktop computers; mobile handsets; servers and workstations; peripherals; projectors and printers; monitors; and accessories. The company also provides information technology services, as well as repair services for computer hardware and software systems; and distribution of mobile handsets. In addition, Lenovo Group involves in the property holding and management operations. The company was founded in 1984 and is based in Quarry Bay, Hong Kong. With 429.1 million shares outstanding and 39,200 shares declared short as of March 2008, the failure to deliver in shares of LNVGY has not been resolved and a buy-in is imminent. According to quarterly data provided by the SEC, there were still 11,076 shares of LNVGY that were failing-to-deliver as of August 1, 2007.
About BUYINS.NET
WWW.BUYINS.NET is a service designed to help bonafide shareholders of publicly traded US companies fight naked short selling. Naked short selling is the illegal act of short selling a stock when no affirmative determination has been made to locate shares of the stock to hypothecate in connection with the short sale. Buyins.net has built a proprietary database that uses Threshold list feeds from NASDAQ, AMEX and NYSE to generate detailed and useful information to combat the naked short selling problem. For the first time, actual trade by trade data is available to the public that shows the attempted size, actual size, price and average value of short sales in stocks that have been shorted and naked shorted. This information is valuable in determining the precise point at which short sellers go out-of-the-money and start losing on their short and naked short trades.
BUYINS.NET has built a massive database that collects, analyzes and publishes a proprietary SqueezeTrigger for each stock that has been shorted, www.buyins.net/squeezetrigger.pdf. The SqueezeTrigger database of nearly 1,900,000,000 short sale transactions goes back to January 1, 2005, and calculates the exact price at which the Total Short Interest is short in each stock. This data was never before available prior to January 1, 2005, because the Self Regulatory Organizations (primary exchanges) guarded it aggressively. After the SEC passed Regulation SHO, exchanges were forced to allow data processors like Buyins.net to access the data.
The SqueezeTrigger database collects individual short trade data on over 7,000 NYSE, AMEX and NASDAQ stocks and general short trade data on nearly 8,000 OTCBB and PINKSHEET stocks. Each month the database grows by approximately 50,000,000 short sale transactions and provides investors with the knowledge necessary to time when to buy and sell stocks with outstanding short positions. By tracking the size and price of each month's short transactions, BUYINS.NET provides institutions, traders, analysts, journalists and individual investors the exact price point where short sellers start losing money.
All material herein was prepared by BUYINS.NET, based upon information believed to be reliable. The information contained herein is not guaranteed by BUYINS.NET to be accurate, and should not be considered to be all-inclusive. The companies that are discussed in this opinion have not approved the statements made in this opinion. This opinion contains forward-looking statements that involve risks and uncertainties. This material is for informational purposes only and should not be construed as an offer or solicitation of an offer to buy or sell securities. BUYINS.NET is not a licensed broker, broker dealer, market maker, investment banker, investment advisor, analyst or underwriter. Please consult a broker before purchasing or selling any securities viewed on or mentioned herein. BUYINS.NET may receive compensation in cash or shares from independent third parties or from the companies mentioned.
BUYINS.NET affiliates, officers, directors and employees may also have bought or may buy the shares discussed in this opinion and may profit in the event those shares rise in value. Market commentary provided by Thomas Ronk.
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