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.
Dillard's Inc. (NYSE: DDS | Quote | Chart | News | PowerRating) operates retail department stores primarily in the southeastern, southwestern, and midwestern areas of the United States. The company offers a selection of merchandise, including fashion apparel for women, men, and children. It also provides accessories, cosmetics, shoes, home furnishings, and other consumer goods. As of February 2, 2008, the company operated 326 Dillard's stores primarily located in suburban shopping malls. It also sells merchandise online at its Web site, dillards.com. The company was founded in 1938 and is based in Little Rock, Arkansas. With 75.17 million shares outstanding and 12.07 million shares declared short as of May 2008, the failure to deliver in shares of DDS has not been resolved and a buy-in is imminent. According to quarterly data provided by the SEC, there were still 1,323,277 shares of DDS that were failing-to-deliver as of September 28, 2007.
LCAVision Inc. (NASDAQ: LCAV | Quote | Chart | News | PowerRating) provides fixed-site laser vision correction services at its LasikPlus vision centers. The company's vision centers provide staff, facilities, equipment, and support services for performing laser vision correction that employ laser technologies to correct nearsightedness, farsightedness, and astigmatism. These vision centers are supported primarily by independent ophthalmologists and optometrists, as well as other health care professionals. The Ophthalmologists perform the laser vision correction procedures in its vision centers, and either ophthalmologists or optometrists conduct preprocedure evaluations and post-operative follow-ups in-center. As of February 25, 2008, it owned and operated 74 LasikPlus vision centers in 33 states serving 58 markets in the United States and a joint venture in Canada. The company was founded in 1985 and is headquartered in Cincinnati, Ohio. With 18.52 million shares outstanding and 8.07 million shares declared short as of May 2008, the failure to deliver in shares of LCAV has not been resolved and a buy-in is imminent. According to quarterly data provided by the SEC, there were still 57,517 shares of LCAV that were failing-to-deliver as of September 28, 2007.
Universal Energy Corp. (OTCBB: UVSE | Quote | Chart | News | PowerRating) an independent energy company, engages in the acquisition and development of crude oil and natural gas leases in the United States and Canada. As of December 31, 2007, it had working interest in approximately 7,095 acres of land in Louisiana and Texas, as well as in Alberta, Canada. The company, formerly Universal Tanning Ventures, Inc., was founded in 2002 and is based in Lake Mary, Florida. With 29.89 million shares outstanding and 321,400 shares declared short as of May 2008, the failure to deliver in shares of UVSE has not been resolved and a buy-in is imminent. According to quarterly data provided by the SEC, there were still 149,390 shares of UVSE that were failing-to-deliver as of September 28, 2007.
Clearly Canadian Beverage Corp. (OTCBB: CCBEF | Quote | Chart | News | PowerRating) produces, distributes, and markets beverage products, flavored beverages, organic baby food, and snack food products. The company's products include Clearly Canadian sparkling flavoured waters; and Clearly Canadian dailyEnergy, dailyVitamin, and dailyHydration natural enhanced waters. It also offers organic and natural snack foods, including dried fruit and nut snacks under the Sundridge Farms, Naturalife, Sweet Selections, Simply by Nature, and Glengrove Organics brand names, as well as provides a range of organic baby products for toddlers under My Organic Toddler and My Organic Baby brand names. The company distributes its products through a network of distributors primarily in the United States and Canada. Clearly Canadian Beverage Corporation was founded in 1981 and is based in Vaughan, Canada. With 20.93 million shares outstanding and 9,600 shares declared short as of May 2008, the failure to deliver in shares of CCBEF has not been resolved and a buy-in is imminent. According to quarterly data provided by the SEC, there were still 28,052 shares of CCBEF that were failing-to-deliver as of September 28, 2007.
Bombardier Inc. (OTC: BDRBF | Quote | Chart | News | PowerRating) manufactures business and commercial aircraft, and rail transportation equipment and systems worldwide. It operates in two segments, Aerospace and Transportation. The Aerospace segment designs and manufactures aviation products, as well as provides related services for corporations, high net worth individuals, airlines, and leasing companies. Its aircraft portfolio includes business aircrafts, and commercial aircrafts, including regional jets, turboprops, and single-aisle mainline jets. This segment also provides amphibious aircraft, which is a purpose-built firefighting aircraft that can be used in various missions, such as search and rescue, environmental protection, and coastal patrol and transportation; and special-mission aircraft solutions to governments and special-requirement organizations. In addition, it offers aftermarket services, including parts requirements, maintenance services, and pilot training, as well as fractional ownership and flight entitlement programs. The Transportation segment engages in the development, manufacture, and servicing of rail equipment and systems for national railways, regional railways, and municipal transit authorities. It offers locomotives, powerheads, high-speed trains, commuter and regional trains, metro cars, trams and light rail vehicles, bogies, and propulsion, train control, and management systems. This segment also provides train and fleet maintenance, materials and logistics programs, modernization, re-engineering, and overhaul of vehicles and components. In addition, it offers on-board and wayside rail control solutions for mass transit and mainline applications; turnkey transportation systems, including automated people movers, advanced rapid transit, light rapid transit, turnkey systems, automated monorail, operations and maintenance, and transit security systems. The company was founded in 1902 and is based in Montreal, Canada. With 1.44 billion shares outstanding and 1.86 million shares declared short as of May 2008, the failure to deliver in shares of BDRBF has not been resolved and a buy-in is imminent. According to quarterly data provided by the SEC, there were still 146,901 shares of BDRBF that were failing-to-deliver as of September 28, 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 2,050,000,000 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.
BUYINS.NET will not advise as to when it decides to sell and does not and will not offer any opinion as to when others should sell; each investor must make that decision based on his or her judgment of the market.
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