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.
KapStone Paper and Packaging Corp. (NASDAQ: KPPC | Quote | Chart | News | PowerRating) produces and sells unbleached kraft paper and lightweight linerboard, and dunnage bags in the United States. The company offers a portfolio of paper grades to convert paper into various products, including multiwall bags for agricultural products, pet food, cement, and chemicals; grocery bags; and specialty conversion products, such as wrapping paper products and rollwrap. The linerboard grades are primarily produced for manufacturing corrugated containers for packaging products. Its products are sold to manufacturers, less-than-trailer-load distributors, and retail regional distribution centers. The company was founded in 1907. It was formerly known as Stone Arcade Acquisition Corporation. KapStone Paper and Packaging Corporation is headquartered in Northfield, Illinois. With 25.28 million shares outstanding and 967,600 shares declared short as of July 2008, the failure to deliver in shares of KPPC has not been resolved and a buy-in is imminent. According to quarterly data provided by the SEC, there were still 53,007 shares of KPPC that were failing-to-deliver as of September 28, 2007.
Life Partners Holdings Inc (NASDAQ: LPHI | Quote | Chart | News | PowerRating) through its subsidiary, Life Partners, Inc., operates as a financial services company that provides purchasing services for life settlements in the United States. The company facilitates life settlement transactions by identifying, examining, and purchasing the policies as an agent. Its financial transactions involve the purchase of life insurance policies at a discount to their face value for investment purposes. The purchasers of life settlements include high net worth individuals and institutional purchasers. The company was founded in 1971 and is based in Waco, Texas. With 11.89 million shares outstanding and 1.06 million shares declared short as of July 2008, the failure to deliver in shares of LPHI has not been resolved and a buy-in is imminent. According to quarterly data provided by the SEC, there were still 295,544 shares of LPHI that were failing-to-deliver as of September 28, 2007.
MiddleBrook Pharmaceuticals Inc. (NASDAQ: MBRK | Quote | Chart | News | PowerRating) develops and commercializes anti-infective drug products for the treatment of infectious diseases. It develops a proprietary, once-a-day pulsatile delivery technology called PULSYS. The company is developing anti-infective drugs based on its novel biological finding that bacteria exposed to antibiotics in front- loaded staccato bursts than those under standard treatment regimens. Its pulsatile product candidates include MOXATAG, based on the antibiotic amoxicillin, for the treatment of pharyngitis/tonsillitis (strep throat) for adults and pediatric patients age 12 and older; and Keflex PULSYS product candidate, based on the antibiotic cephalexin, which is in Phase I clinical trials for skin and skin structure infections. In addition, MiddleBrook Pharmaceuticals sells its Keflex products in both capsule and powder formulations for the treatment of skin and skin structure infections, and upper respiratory tract infections primarily through pharmaceutical distributors and wholesalers to physicians, hospitals, and pharmacies in the United States. The company was founded in 1999. It was formerly known as Advancis Pharmaceutical Corporation and changed its name to MiddleBrook Pharmaceuticals, Inc. in 2007. MiddleBrook Pharmaceuticals is headquartered in Germantown, Maryland. With 56.01 million shares outstanding and 4.88 million shares declared short as of July 2008, the failure to deliver in shares of MBRK has not been resolved and a buy-in is imminent. According to quarterly data provided by the SEC, there were still 17,491 shares of MBRK that were failing-to-deliver as of September 28, 2007.
Middleby Corp. (NASDAQ: MIDD | Quote | Chart | News | PowerRating) engages in the design, manufacture, and sale of commercial foodservice and food processing equipment. It offers commercial foodservice equipment, including convection ovens, conveyor ovens, baking ovens, proofers, broilers, fryers, combi-ovens, charbroilers, steam equipment, pop-up and conveyor toasters, steam cooking equipment, food warming equipment, griddles, ventless cooking systems, coffee brewers, tea brewers, and beverage dispensing equipment. The company offers its commercial foodservice equipment to various foodservice operations, such as quick-service restaurants, full-service restaurants, convenience stores, retail outlets, hotels, and other institutions. The Middleby Corporation also provides food processing equipment, such as breading, battering, mixing, forming, and slicing machines, which are marketed under the MP Equipment brand name; cooking equipment, including batch ovens, belt ovens, and conveyorized cooking systems that are marketed under the Alkar brand name; and packaging and food safety equipment product line, which are marketed under the Rapidpak brand name. It offers its food processing equipment to the large international food processing companies. In addition, the company provides sales, technical service, and distribution services for the commercial foodservice industry. The Middleby Corporation sells and supports its foodservice equipment products primarily in Asia, Europe, Latin America, China, India, Lebanon, Mexico, the Philippines, Russia, Spain, South Korea, Sweden, Taiwan, and the United Kingdom. The company was founded in 1888 under the name Middleby Marshall Oven Company and changed its name to The Middleby Corporation in 1985. The Middleby Corporation is based in Elgin, Illinois. With 16.96 million shares outstanding and 5.41 million shares declared short as of July 2008, the failure to deliver in shares of MIDD has not been resolved and a buy-in is imminent. According to quarterly data provided by the SEC, there were still 17,355 shares of MIDD that were failing-to-deliver as of August 30, 2007.
Microvision Inc. (NASDAQ: MVIS | Quote | Chart | News | PowerRating) develops miniature display and imaging engines based on integrated photonics module (IPM) in the United States. The IPM utilizes two dimensional micro-electrical mechanical system (MEMS) light scanning technologies, lasers, optics, and electronics to create video or still image from a small form factor. It principally offers Flic Scanner, a hand-held bar code scanner and bar code scanner enabled enterprise solutions. The company also produces various demonstration units for commercial enterprises and the United States government. Microvision serves automotive, defense, industrial, military, medical, and consumer markets. The company was founded in 1993 and is headquartered in Redmond, Washington. With 56.75 million shares outstanding and 5.97 million shares declared short as of July 2008, the failure to deliver in shares of MVIS has not been resolved and a buy-in is imminent. According to quarterly data provided by the SEC, there were still 90,599 shares of MVIS that were failing-to-deliver as of September 28, 2007.
Maxwell Technologies Inc. (NASDAQ: MXWL | Quote | Chart | News | PowerRating) engages in the development, manufacture, and marketing of energy storage and power delivery products. It offers BOOSTCAP ultracapacitor cells, and multi-cell packs and modules for applications in multiple industries, including transportation, automotive, telecommunications, energy, consumer, and industrial electronics; and CONDIS high-voltage capacitors comprising grading and coupling capacitors, and capacitive voltage dividers that are used to ensure the safety and reliability of electric utility infrastructure and other applications involving transport, distribution, and measurement of high-voltage electrical energy. The company also offers radiation-mitigated microelectronic products, including power modules, memory modules, and single board computers for space and satellite applications. Maxwell Technologies markets and sells its products through direct and indirect sales organizations in North America, Europe, and Asia. The company was founded in 1965. It was formerly known as Maxwell Laboratories, Inc. and changed its name to Maxwell Technologies, Inc. in 1996. The company is headquartered in San Diego, California. With 20.82 million shares outstanding and 1.89 million shares declared short as of July 2008, the failure to deliver in shares of MXWL has not been resolved and a buy-in is imminent. According to quarterly data provided by the SEC, there were still 81,580 shares of MXWL 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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