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.
The First Marblehead Corporation (NYSE: FMD | Quote | Chart | News | PowerRating) together with its subsidiaries, provides outsourcing services for private education lending in the United States. It provides an integrated suite of design, implementation, and securitization services for student loan programs to national and regional financial institutions and educational institutions, as well as businesses, education loan marketers, and other enterprises. The company's services include program design and marketing; borrower inquiry and application; loan origination and disbursement; loan securitization; and loan servicing activities, as well as offer services in connection with private label loan products. It primarily focuses on loan programs for undergraduate, graduate, and professional education, as well as on the primary and secondary school market. The First Marblehead Corporation was founded in 1991 and is headquartered in Boston, Massachusetts. With 98.87 million shares outstanding and 17.22 million shares declared short as of July 2008, the failure to deliver in shares of FMD has not been resolved and a buy-in is imminent. According to quarterly data provided by the SEC, there were still 47,001 shares of FMD that were failing-to-deliver as of September 28, 2007.
AirTran Holdings Inc. (NYSE: AAI | Quote | Chart | News | PowerRating) through its subsidiary, AirTran Airways, Inc., provides scheduled airline services in the United States. It operates scheduled airline service primarily in short-haul markets in the eastern United States, with flights originating and terminating at its hub in Atlanta, Georgia. As of January 23, 2008, the company operated 87 Boeing B717-200 and 50 Boeing B737-700 aircraft offering approximately 700 scheduled flights per day to 55 locations in the United States. AirTran Holdings serves its customers through the Internet, travel agencies, and its reservation call centers. The company was founded in 1992 and is headquartered in Orlando, Florida. With 92.3 million shares outstanding and 22.05 million shares declared short as of July 2008, the failure to deliver in shares of AAI has not been resolved and a buy-in is imminent. According to quarterly data provided by the SEC, there were still 20,838 shares of AAI that were failing-to-deliver as of September 20, 2007.
Ambac Financial Group Inc. (NYSE: ABK | Quote | Chart | News | PowerRating) through its subsidiaries, provides financial guarantee products and other financial services to clients in the public and private sectors worldwide. It operates in two segments, Financial Guarantee and Financial Services. The Financial Guarantee segment provides financial guarantee insurance and other credit enhancement products, such as credit derivatives for public finance and structured finance obligations. It also provides credit protection in credit derivative form, as well as guarantees or provides credit protection on obligations already carrying insurance from other financial guarantors. This segment sells its products in the U.S. public finance market, the U.S. structured finance and asset-backed market, and the international finance market. The Financial Services segment provides financial and investment products, including investment agreements, funding conduits, interest rate, total return, and currency swaps, principally to clients of the financial guarantee business, which include municipalities and other public entities, health care organizations, investor-owned utilities, and asset-backed issuers. The company was founded in 1971 and is headquartered in New York, New York. With 286.83 million shares outstanding and 74.16 million shares declared short as of July 2008, the failure to deliver in shares of ABK has not been resolved and a buy-in is imminent. According to quarterly data provided by the SEC, there were still 11,563 shares of ABK that were failing-to-deliver as of September 26, 2007.
Beazer Homes USA Inc. (NYSE: BZH | Quote | Chart | News | PowerRating) engages in the design, building, and sale of single-family and multi-family homes in the United States. It offers homes for entry-level, move-up, luxury, or retirement-oriented buyers. The company also provides title insurance services to its homebuyers. It sells its homes through commissioned employees and independent brokers. As of September 30, 2007, the company maintained 815 model homes, of which 317 were owned, 336 were financed, and 162 were leased from third parties pursuant to sale and leaseback agreements. Beazer Homes USA was founded in 1993 and is headquartered in Atlanta, Georgia. With 39.23 million shares outstanding and 25.15 million shares declared short as of July 2008, the failure to deliver in shares of BZH has not been resolved and a buy-in is imminent. According to quarterly data provided by the SEC, there were still 1,451,642 shares of BZH that were failing-to-deliver as of September 28, 2007.
GOL Linhas Areas Inteligentes S.A. (NYSE: GOL | Quote | Chart | News | PowerRating) through its subsidiaries, operates airlines in Brazil and South America. It also offers air cargo services and Smiles, an airline loyalty program. The company serves business passengers and leisure passengers. As of December 31, 2007, it operated a 78-aircraft fleet comprising 36 Boeing 737-800, 30 Boeing 737-700, and 12 Boeing 737-300 aircraft, as well as a 33-aircraft fleet consisting of 7 Boeing 737-800, 1 Boeing 737-700, 16 Boeing 737-300, and 9 Boeing 767-300 aircraft. Gol Linhas offered 590 daily flights to 59 destinations, including 51 in Brazil; 3 in Argentina; and 1 each in Bolivia, Paraguay, Uruguay, Chile, and Peru, as well as 115 daily flights to 23 destinations comprising 14 in Brazil, and 1 each in Argentina, Colombia, Venezuela, France, Germany, Italy, England, Mexico, and Chile. The company was founded in 2001 and is headquartered in Sao Paulo, Brazil. With 202.12 million shares outstanding and 5.38 million shares declared short as of July 2008, the failure to deliver in shares of GOL has not been resolved and a buy-in is imminent. According to quarterly data provided by the SEC, there were still 43,839 shares of GOL that were failing-to-deliver as of September 28, 2007.
Radian Group Inc. (NYSE: RDN | Quote | Chart | News | PowerRating) through its subsidiaries, provides credit-related insurance coverage and financial services in the United States and internationally. The company operates in three segments: Mortgage Insurance, Financial Guaranty, and Financial Services. The Mortgage Insurance segment offers credit protection for mortgage lenders and other financial services companies on residential mortgage assets through traditional mortgage insurance, as well as other mortgage-backed structured products. This segment serves mortgage originators, such as mortgage bankers, mortgage brokers, commercial banks, and savings institutions. The Financial Guaranty segment insures and reinsures municipal bonds and other credit-based risks, and provides synthetic credit protection on various asset classes through credit default swaps. This segment serves financial institutions that structure, underwrite, or trade securities issued in public finance and structured finance obligations. The Financial Services segment specializes in credit card and bankruptcy-plan consumer assets, as well as in credit-sensitive, residential mortgage assets, and residential mortgage-backed securities investment. The company was founded in 1977. It was formerly known as CMAC Investment Corporation and changed its name to Radian Group, Inc. in 1999. The company is headquartered in Philadelphia, Pennsylvania. With 80.43 million shares outstanding and 13.27 million shares declared short as of July 2008, the failure to deliver in shares of RDN has not been resolved and a buy-in is imminent. According to quarterly data provided by the SEC, there were still 39,486 shares of RDN 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 2,100,000,000 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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