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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.
PharMerica Corp. (NYSE: PMC | Quote | Chart | News | PowerRating) operates as an institutional pharmacy services company in the United States. It offers services to healthcare facilities and provides management pharmacy services to hospitals. The company purchases, repackages, and dispenses prescription and non-prescription pharmaceuticals in accordance with physician orders and delivers such medication to healthcare facilities for administration to individual patients and residents. PharMerica Corporation provides pharmacy products and services to residents and patients in skilled nursing facilities, assisted living facilities, hospitals, and other long-term alternative care settings. In addition, it provides consultant pharmacist services for customers to comply with the federal and state regulations applicable to nursing homes. The company also offers various ancillary services, such as infusion therapy products and services; and pharmacy management services, including pharmacy operations, regulatory and financial management services, and clinical pharmacy programs to various hospitals. As of December 31, 2007, it operated 115 institutional pharmacies in 40 states and provided pharmacy management services to 86 hospitals. PharMerica Corporation is based in Louisville, Kentucky. PharMerica Corporation (NYSE: PMC | Quote | Chart | News | PowerRating) operates independently of Kindred Healthcare Inc. and Amerisourcebergen Corp. as of August 1, 2007. With 30.42 million shares outstanding and 4.24 million shares declared short as of May 2008, the failure to deliver in shares of PMC has not been resolved and a buy-in is imminent. According to quarterly data provided by the SEC, there were still 228,328 shares of PMC that were failing-to-deliver as of September 27, 2007.
VeraSun Energy Corp. (NYSE: VSE | Quote | Chart | News | PowerRating) engages in the production and sale of ethanol and its co-products in the United States. Ethanol is primarily used as a blend component in the gasoline fuel market. The company's ethanol co-products include wet and dry distiller grains with solubles, which are used as animal feed; and corn oil that is used as an animal feed, as well as to produce biodiesel. It also markets VE85, an ethanol blended fuel through arrangements with gas distributors and retailers. The company was founded in 2001 and is based in Brookings, South Dakota. With 157.83 million shares outstanding and 9.21 million shares declared short as of May 2008, the failure to deliver in shares of VSE has not been resolved and a buy-in is imminent. According to quarterly data provided by the SEC, there were still 479,305 shares of VSE that were failing-to-deliver as of September 28, 2007.
TriValley Corp (AMEX: TIV | Quote | Chart | News | PowerRating) through its subsidiaries, engages in the exploration, acquisition, and development of petroleum, metal, and mineral properties. The company's principal oil and gas properties include the Ekho property and Sunrise-Mayel Natural Gas project located in California. It also holds interests in the Temblor Valley West/South Belridge Field; and Temblor Valley East/Edison Oil Field, which consists of four separate leases in the Edison and Edison Grove Fields comprising 31 wells located in Kern County, California. In addition, the company has interest in the Pleasant Valley property located in Ventura County; and the Moffat Ranch and Chowchilla Ranch gas field in Madera County, California, as well as holds producing interests in gas fields in the Sacramento Valley of northern California, including the Rio Vista and Dutch Slough gas fields. Additionally, it operates precious metals properties in Alaska comprising the Richardson claim block consisting of 28,720 gross acres located in the north of Richardson Highway; and the Shorty Creek project with 11,080 gross acres in the Livengood District of Alaska. Further, the company holds industrial mineral project, which consists of the Admiral calcium carbonate mine located on the north-west side of Prince of Wales Island. It also involves in oil and gas drilling and development operations. Tri-Valley Corporation was founded in 1971 and is headquartered in Bakersfield, California. With 25.45 million shares outstanding and 2.34 million shares declared short as of May 2008, the failure to deliver in shares of TIV has not been resolved and a buy-in is imminent. According to quarterly data provided by the SEC, there were still 15,015 shares of TIV that were failing-to-deliver as of September 14, 2007.
Capital Corp of the West (NASDAQ: CCOW | Quote | Chart | News | PowerRating) operates as the holding company for County Bank, which provides general commercial banking products and services primarily in California. The company offers demand, savings, and time deposits. Its loan portfolio includes commercial, agriculture, real estate, personal, home improvement, home mortgage, automobile, credit card, and other installment and term loans. The company also offers Internet banking, sweep accounts, lockbox, positive pay, remote deposit service, safe deposit boxes, banking-by-mail, drive-up facilities, automated teller machines, trust services, and other customary banking services. As of December 31, 2007, it operated 41 branch offices in Fresno, Kings, Madera, Mariposa, Merced, Sacramento, San Bernardino, San Francisco, San Joaquin, Stanislaus, Santa Clara, Tulare, and Tuolumne counties. The company was founded in 1977 and is headquartered in Merced, California. With 10.81 million shares outstanding and 1.15 million shares declared short as of May 2008, the failure to deliver in shares of CCOW has not been resolved and a buy-in is imminent. According to quarterly data provided by the SEC, there were still 11,239 shares of CCOW that were failing-to-deliver as of September 26, 2007.
Millennium Cell Inc. (OTC: MCEL | Quote | Chart | News | PowerRating) a development stage company, develops hydrogen batteries for use primarily in portable electronic devices for the military, medical, industrial, and consumer markets. The hydrogen batteries comprise a fuel cell and hydrogen storage technology. The fuel blends used in the hydrogen battery technology include combination of water, sodium borohydride, and other chemicals. The hydrogen produced by its hydrogen fuel cartridge technology is converted into electricity by a fuel cell. The company develops the technology in partnership with corporate and government entities. It also licenses its hydrogen cartridge technology and designs to companies, which develop fuel cell systems. Millennium Cell has a strategic relationship with The Dow Chemical Company for the commercialization of its hydrogen battery technology in the military and consumer electronics markets, as well as has a joint development and licensing agreement with Horizon Fuel Cells Plc. The company was founded in 1998 and is based in Eatontown, New Jersey. With 75.62 million shares outstanding and 6.67 million shares declared short as of May 2008, the failure to deliver in shares of MCEL has not been resolved and a buy-in is imminent. According to quarterly data provided by the SEC, there were still 134,893 shares of MCEL that were failing-to-deliver as of September 28, 2007.
Osiris Therapeutics Inc. (NASDAQ: OSIR | Quote | Chart | News | PowerRating) a biotechnology company, commercializes stem cell products from adult bone marrow in the United States. It develops and markets products to treat medical conditions in the inflammatory, orthopedic, and cardiovascular areas. The company markets Osteocel for use in spinal fusion and other orthopedic surgical procedures. Its products also include Prochymal, which is in phase III clinical trials for the treatment of steroid refractory Graft versus Host Disease (GvHD), acute GvHD, and Crohn's disease; in phase II clinical trials for the treatment of Type I diabetes and acute myocardial infarction; in preclinical stage for the treatment of acute radiation syndrome; and Chondrogen, a phase I/II clinical trial used for the treatment of osteoarthritis and the reduction of pain in the knee. Osiris Therapeutics has collaboration agreements with JCR Pharmaceuticals Co., Ltd., Genzyme Corporation, Juvenile Diabetes Research Foundation, and Blackstone Medical, Inc. The company was founded in 1992 and is headquartered in Columbia, Maryland. With 31.77 million shares outstanding and 2.04 million shares declared short as of May 2008, the failure to deliver in shares of OSIR has not been resolved and a buy-in is imminent. According to quarterly data provided by the SEC, there were still 345,206 shares of OSIR 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. TIV has previously paid a $995.00 data fee to BUYINS.NET. 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.
This release contains "forward-looking statements" within the meaning of Section 27A of the Securities Act of 1933, as amended, and Section 21E the Securities Exchange Act of 1934, as amended and such forward-looking statements are made pursuant to the safe harbor provisions of the Private Securities Litigation Reform Act of 1995. "Forward-looking statements" describe future expectations, plans, results, or strategies and are generally preceded by words such as "may", "future", "plan" or "planned", "will" or "should", "expected," "anticipates", "draft", "eventually" or "projected". You are cautioned that such statements are subject to a multitude of risks and uncertainties that could cause future circumstances, events, or results to differ materially from those projected in the forward-looking statements, including the risks that actual results may differ materially from those projected in the forward-looking statements as a result of various factors, and other risks identified in a companies' annual report on Form 10-K or 10-KSB and other filings made by such company with the Securities and Exchange Commission.
You should consider these factors in evaluating the forward-looking statements included herein, and not place undue reliance on such statements. The forward-looking statements in this release are made as of the date hereof and BUYINS.NET undertakes no obligation to update such statements.
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