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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.
Transmeta Corp. (NASDAQ: TMTA | Quote | Chart | News | PowerRating) together with its subsidiaries, develops and licenses computing, microprocessor, and semiconductor technologies and related intellectual property in Japan and internationally. The company offers LongRun and LongRun2 technologies for controlling leakage and increasing power efficiency in semiconductor devices. Its LongRun2 technologies include algorithms, circuits, devices and structures, process techniques, software, and manufacturing optimization methods. The company was founded in 1995 and is based in Santa Clara, California. With 12.15 million shares outstanding and 716,900 shares declared short as of July 2008, the failure to deliver in shares of TMTA has not been resolved and a buy-in is imminent. According to quarterly data provided by the SEC, there were still 67,151 shares of TMTA that were failing-to-deliver as of September 28, 2007.
TowneBank (NASDAQ: TOWN | Quote | Chart | News | PowerRating) through its subsidiaries, engages in retail and commercial banking business. The company serves the financial needs of small and medium size businesses, professionals, and individuals in the Greater Hampton Roads region in southeastern Virginia. Its deposits products include demand deposits, interest-bearing checking accounts, money market deposit accounts, and time deposits. TowneBank's loan portfolio primarily comprises consumer loans, such as auto, boat, and personal loans; home and business equity loans; lot acquisition financing; construction loans; and mortgage/real estate loans; working capital loans; business equity loans; business installment loans; letters of credit; construction/permanent mortgage; and personal, home, and business equity lines of credit. It also provides residential real estate services, which comprise real estate sales, relocation, property management, title insurance, and related settlement services; insurance products; treasury services; merchant services; employee benefits plans; and investment and asset management services, as well as originates mortgage loans and sells in secondary market. In addition, the company provides automated teller machines, debit, credit, and merchant card facilities. It operates 17 banking offices in Chesapeake, Hampton, Portsmouth, Newport News, Virginia Beach, Norfolk, Williamsburg, and York County. The company was founded in 1998 and is headquartered in Portsmouth, Virginia. With 24.04 million shares outstanding and 118,200 shares declared short as of July 2008, the failure to deliver in shares of TOWN has not been resolved and a buy-in is imminent.
Valence Technology Inc. (NASDAQ: VLNC | Quote | Chart | News | PowerRating) together with its subsidiaries, engages in the development, manufacture, and sale of energy power storage systems. Its products include N-Charge lithium phosphate energy storage systems; Epoch lithium phosphate energy storage systems for motive applications, such as hybrid and electric vehicles, scooters, and wheelchairs; and U-Charge lithium phosphate energy storage systems for use in hybrid and full electric vehicles, wheelchairs, scooters, robotics, marine, remote power, military, back-up, and other devices. The company sells its products through national and regional retailers, computer manufacturers, and national resellers in the United States and internationally. Valence Technology was founded in 1989 and is headquartered in Austin, Texas. With 118.12 million shares outstanding and 9.13 million shares declared short as of July 2008, the failure to deliver in shares of VLNC has not been resolved and a buy-in is imminent. According to quarterly data provided by the SEC, there were still 80,507 shares of VLNC that were failing-to-deliver as of September 28, 2007.
Cytori Therapeutics Inc (NASDAQ: CYTX | Quote | Chart | News | PowerRating) engages in the development, manufacture, and sale of medical technologies to enable the practice of regenerative medicine. The company develops its product pipeline for the treatment of cardiovascular disease, orthopedic damage, gastrointestinal disorders, and pelvic health. Its principal products include the Celution System family of products, which processes patients' cells at the bedside in real time. Each member of the Celution System family of products consists of a central device, a related single-use consumable used for each patient procedure, and supportive procedural components. The company also offers Celution 800/CRS System for the European reconstructive surgery market through a network of medical distributors; and the Celution 900/MB in Japan through its commercialization partner as part of the StemSource Cell Bank, which prepares cells for cryopreservation. Cytori Therapeutics is conducting two clinical trials on adipose-derived stem and regenerative cells processed with the Celution 600 System in patients suffering from chronic myocardial ischemia and in heart attack patients. In addition, it develops and sells thin film bioresorbable implants in Japan. Further, the company operates a tissue bank facility for the preservation of stem and regenerative cells extracted from adipose tissue. Additionally, it has a joint venture with Olympus Corporation to develop and manufacture second generation devices based on its Celution system. Cytori Therapeutics has a collaboration agreement with Fraunhofer Institute For Cell Therapy And Immunology to develop adipose-derived stem and regenerative cell-based treatments for ischemic stroke. The company was founded in 1996. It was formerly known as MacroPore, Inc. and changed its name to MacroPore Biosurgery, Inc. Further, the company changed its name to Cytori Therapeutics, Inc. in 2005. Cytori Therapeutics is headquartered in San Diego, California. With 26.1 million shares outstanding and 1.48 million shares declared short as of July 2008, the failure to deliver in shares of CYTX has not been resolved and a buy-in is imminent. According to quarterly data provided by the SEC, there were still 176,406 shares of CYTX that were failing-to-deliver as of September 28, 2007.
INFe Human Resources Inc. (OTCBB: IFHR | Quote | Chart | News | PowerRating) through its subsidiaries, provides human resource administrative management, executive compensation plans, and staffing services to client companies in the United States. The company's staffing services include temporary and permanent placement for professional and non-professional employment, direct placement, and contract staffing. It also offers corporate financial consulting, such as advisory services to payroll and non-payroll client companies; and merchant banking services that include in-house equity-funding program in which the company intends to finance the growth of client and payroll service companies, as well as purchase equity in small public companies. Infe-Human Resources markets its services through referrals, joint-venture sales agreements with sales/staffing professionals, and other sales professionals. The company was founded in 2000 and is based in New York, New York. With 36.67 million shares outstanding and 84,300 shares declared short as of July 2008, the failure to deliver in shares of IFHR has not been resolved and a buy-in is imminent. According to quarterly data provided by the SEC, there were still 20,808 shares of IFHR that were failing-to-deliver as of September 27, 2007.
SiteWorks Building & Development Co. (OTC: SBDL | Quote | Chart | News | PowerRating) engages in general contracting, construction management, preconstruction planning, and real estate development in South Florida. The company performs infrastructure work, which includes installation of electric and gas utilities. It manages projects in West Palm Beach in Florida, as well as in overseas markets, including Thailand. The company, formerly known as SiteWorks, Inc., was founded by Nurse in 2001. It changed its name to SiteWorks Building & Development Co. in 2005. SiteWorks is based in Ft. Lauderdale, Florida. With 274,000 shares outstanding and an undisclosed short position, the failure to deliver in shares of SBDL has not been resolved and a buy-in is possible.
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. CYTX has previously paid a $10,945.00 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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