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.
Columbia Laboratories Inc. (NASDAQ: CBRX | Quote | Chart | News | PowerRating) engages in the research, development, manufacture, and commercialization of women's healthcare and endocrinology products. It offers its products through the utilization of its bioadhesive delivery system technology. The company markets vaginal progesterone gel products to assist women who are infertile become pregnant in the United States, which include CRINONE 8% for technical procedures to reproductive endocrinologists; PROCHIEVE 8% to obstetricians and gynecologists; and PROCHIEVE 4% for treatment of secondary amenorrhea. It also provides vaginal gel women's products, such as Replens, a vaginal moisturizer for replenishment of vaginal moisture; RepHresh vaginal gel that eliminates vaginal odor; and Advantage-S, a female contraceptive gel. In addition, the company offers STRIANT, a testosterone buccal system for the treatment of hypogonadism in men; and Advance Formula Legatrin PM for the relief of occasional pain and sleeplessness associated with minor muscle aches. Further, it engages in clinical development activities of vaginally-administered lidocaine to prevent and treat dysmenorrheal, as well as vaginally-administered carbamide peroxide for treating vaginal infections; and testosterone progressive hydration vaginal tablet for women, which completed phase I trial. Columbia Laboratories has a development and license agreement with Ardana Biosciences, Ltd. to develop terbutaline vaginal gel product candidate for the treatment of infertility, dysmenorrheal, and endometriosis. The company was founded in 1986 and is based in Livingston, New Jersey. With 52.07 million shares outstanding and 2.18 million shares declared short as of July 2008, the failure to deliver in shares of CBRX has not been resolved and a buy-in is imminent. According to quarterly data provided by the SEC, there were still 26,480 shares of CBRX that were failing-to-deliver as of September 28, 2007.
China Direct Inc. (NASDAQ: CDS | Quote | Chart | News | PowerRating) operates as a management and advisory services company in the People's Republic of China and the United States. The company provides management advice, investment capital, business development services, strategic planning, macroeconomic industry analysis, and financial management services. It also offers consulting and advisory services comprising general business consulting, Chinese regulatory advice, translation services, formation of entities in the PRC, strategic alliances and partnerships, mergers and acquisitions, and corporate asset evaluation to public Chinese entities seeking to access the United States capital markets. In addition, the company, through its subsidiaries, produces and distributes magnesium products, such as pure magnesium ingots, magnesium powders, and magnesium scraps; sells and distributes industrial grade synthetic chemicals, such as glacial acetic acid and acetic acid derivatives, acrylic acid and acrylic ester, vinyl acetate-ethylene, and polyvinyl alcohol; and develops recycling technological applications and ancillary services related to the operations of refineries. China Direct, Inc. is based in Deerfield Beach, Florida. With 23.04 million shares outstanding and 2.21 million shares declared short as of July 2008, the failure to deliver in shares of CDS has not been resolved and a buy-in is imminent. According to quarterly data provided by the SEC, there were still 288,249 shares of CDS that were failing-to-deliver as of September 27, 2007.
China Fire & Security Group Inc. (NASDAQ: CFSG | Quote | Chart | News | PowerRating) through its subsidiaries, engages in the design, development, manufacture, and sale of fire protection products and services for industrial customers in China. The company designs and installs fire protection systems to address various aspects of industrial fire safety from fire detection to fire system control and extinguishing. Its fire detecting products include linear heat detectors and optical heat detectors used in various industrial settings; infrared flame detectors and infrared detectors used in the petrochemical industry; combustible and inert gas detectors used in the petrochemical and coal industries; and inert gas extinguishers for electronic and telecom equipment. The company also provides fire alarm control devices, water mist/sprinkler systems, and maintenance services. It markets its industrial fire safety products and systems primarily to companies in the iron and steel, power, and petrochemical industries in China, as well as to the projects for highway and railway tunnels, wine distilleries, tobacco warehouses, and nuclear reactors. The company was founded in 1995 and is headquartered in Beijing, China. With 27.56 million shares outstanding and 1.92 million shares declared short as of July 2008, the failure to deliver in shares of CFSG has not been resolved and a buy-in is imminent.
Clean Energy Fuels Corp. (NASDAQ: CLNE | Quote | Chart | News | PowerRating) provides natural gas as an alternative fuel for vehicle fleets in the United States and Canada. It designs, builds, finances, and operates fueling stations and supplies compressed natural gas and liquefied natural gas. The company serves approximately 275 fleet customers operating 14,000 natural gas vehicles in public transit, refuse hauling, airports, taxis, seaports, and regional trucking markets. As of December 31, 2007, Clean Energy Fuels Corp. owned and operated 170 natural gas fueling stations in Arizona, California, Colorado, Maryland, Massachusetts, Nevada, New Mexico, New York, Texas, Washington, Georgia, Wyoming, and Canada. The company was incorporated in 2001 and is based in Seal Beach, California. With 44.3 million shares outstanding and 2.42 million shares declared short as of July 2008, the failure to deliver in shares of CLNE has not been resolved and a buy-in is imminent. According to quarterly data provided by the SEC, there were still 13,937 shares of CLNE that were failing-to-deliver as of September 26, 2007.
Comverge Inc. (NASDAQ: COMV | Quote | Chart | News | PowerRating) and its subsidiaries provide peaking and base load capacity solutions to electric utilities, grid operators, and associated electricity markets in North America. The company's Smart Grid Solutions Group develops and delivers demand response, smart metering, advanced metering initiative, advanced meter reading, and other monitoring and control hardware and software to measure, manage, shift, and reduce energy consumption in real-time. Its products include digital control unit, a microprocessor-driven solution for load management control, which is installed on large energy-consuming devices and controls the cycling and operation of the device; and SuperStat, an advanced, programmable thermostat solution with embedded communications to control air conditioning and heating loads. The company's Alternative Energy Resources Group offers virtual peaking capacity programs, which provide electric capacity to utility customers during periods of peak energy demand by remotely operating high energy-consuming devices, such as central air conditioners, water heaters, and pool pumps. It also develops, operates, and manages the load management system, as well as provides utilities program management services; utilities marketing services on an outsourced basis; and implements permanent base load reduction solutions. The company's Enerwise Group provides energy management and demand response solutions, including the assessment of market opportunities in deregulated and unregulated markets, and the performance of energy auditing and implementation strategies. It also provides energy and capacity services that include the upgrade and maintenance of power systems, such as the implementation of power system distribution analysis, testing, maintenance, replacement or repair, engineering design and consulting, meter and sub-meter operations, and data management and analysis. Comverge, Inc. was founded in 1974 and is headquartered in East Hanover, New Jersey. With 21.82 million shares outstanding and 1.78 million shares declared short as of July 2008, the failure to deliver in shares of COMV has not been resolved and a buy-in is imminent. According to quarterly data provided by the SEC, there were still 33,573 shares of COMV that were failing-to-deliver as of September 28, 2007.
Capstone Turbine Corp. (NASDAQ: CPST | Quote | Chart | News | PowerRating) engages in developing, manufacturing, marketing, and servicing microturbine technology solutions. Its microturbine technology solutions are used in stationary distributed power generation applications, including cogeneration, resource recovery, and secure power. The microturbines are also used as generators for hybrid electric vehicle applications. It sells microturbine units, subassemblies, components, and various accessories, including rotary gas compressors with digital controls; heat recovery modules for CHP applications; dual mode controllers that allow automatic transition between grid connect and stand-alone modes; batteries with digital controls for stand-alone or dual-mode operations; power servers for multipacked installations; protocol converters for Internet access; packaging options; and miscellaneous parts, such as frames, exhaust ducting, and installation hardware. The company also remanufactures microturbine engines, as well as provides after-market parts and services. It sells its products to commercial, industrial, and utility users through distributors and original equipment manufacturers, as well as to distributors, authorized service companies, and end users in North America, Asia, the Pacific Rim, and European market, including Russia. The company was founded in 1988 and is based in Chatsworth, California. With 151.61 million shares outstanding and 20.43 million shares declared short as of July 2008, the failure to deliver in shares of CPST has not been resolved and a buy-in is imminent. According to quarterly data provided by the SEC, there were still 11,198 shares of CPST 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.
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.
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