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 Sportswear Company (NASDAQ: COLM | Quote | Chart | News | PowerRating) engages in the design, sourcing, marketing, and distribution of outdoor apparel in the United States and internationally. It offers outerwear, sportswear, footwear, and related accessories and equipment. The company's outerwear products include jackets, parkas, shells, vests, liners, bib pants, rain suits, and apparel for hunter and fisherman; functional apparel products for snowboarding; and products designed for outdoor activities, such as mountaineering, backpacking, and climbing. Its sportswear apparel include authentic fishing and hunting shirts, pants, hiking shorts, water sport trunks, fleece and pile products, sweaters, chinos, knit shirts, and woven shirts. The company's footwear product line consists of seasonal outdoor footwear for water, trail, hiking, cold weather, casual, and youth. Its accessories include hats, caps, scarves, gloves, mittens, and headbands. The company's equipment products include tents, sleeping systems, and backpacks that are designed for mountaineering, ultralight backpacking, and camping, as well as bags and packs. Columbia Sportswear markets its products under the Columbia, Convert, Sorel, Mountain Hardwear, Montrail, and Pacific Trail brand names. The company sells its products to various retailers ranging from specialty stores to department stores. It also operates 14 outlet stores in various locations in North America; and 2 outlet stores in Europe, including 1 in France, and 1 in Spain. Columbia Sportswear sells its products through in-house sales agents, and independent sales agencies, as well as through wholesalers, franchisees, and retailers. The company was founded in 1938 and is headquartered in Portland, Oregon. With 34.73 million shares outstanding and 5.04 million shares declared short as of September 2008, the failure to deliver in shares of COLM has not been resolved and a buy-in is imminent. According to quarterly data provided by the SEC, there were still 470,966 shares of COLM that were failing-to-deliver as of November 13, 2007.
Temecula Valley Bancorp Inc. (NASDAQ: TMCV | Quote | Chart | News | PowerRating) operates as the bank holding company for Temecula Valley Bank that provides various banking services in California. The company's deposit accounts include non interest-bearing demand, money market and NOW, savings, and time deposits, as well as certificates of deposit. It offers automobile, recreational vehicle, boat, home improvement, collateralized and uncollateralized personal, and deposit account collateralized loans, as well as home equity lines of credit; and residential, commercial, and industrial construction loans. The company also provides construction loans on one-to-four-family residences and commercial real estate properties; and construction and/or mortgage, construction lending, commercial, SBA, and real estate secured loans. As of December 31, 2007, it operated 11 offices in Carlsbad, Corona, El Cajon, Escondido, Fallbrook, Murrieta, Ontario, Solana Beach, San Marcos, Temecula, and the Rancho Bernardo area of San Diego. The company was founded 1996 in and is based in Temecula, California. With 10.04 million shares outstanding and 683,000 shares declared short as of September 2008, the failure to deliver in shares of TMCV has not been resolved and a buy-in is imminent. According to quarterly data provided by the SEC, there were still 255,888 shares of TMCV that were failing-to-deliver as of December 27, 2007.
Access Pharmaceuticals Inc. (OTCBB: ACCP | Quote | Chart | News | PowerRating) a biopharmaceutical company, together with its subsidiaries, engages in the development of novel therapeutics for the treatment of cancer and supportive care of cancer patients. The company's products include MuGard, a nanopolymer formulation for the management of oral mucositis, a frequent side-effect of cancer therapy. Its lead development candidate for the treatment of cancer includes ProLindac, a Phase II clinical trial candidate for the treatment of ovarian cancer. The company's products under pre-clinical stage comprise Cobalamin, an oral drug delivery technology for the oral delivery of insulin; and Angiolix, a humanized monoclonal antibody, which acts as an anti-angiogenesis factor to cancer cells, notably breast, ovarian, and colorectal cancers. Its products under pre-clinical stage also comprise Prodrax, a non-toxic prodrug that is activated in the hypoxic zones of solid tumors to kill cancer cells; Alchemix, a chemotherapeutic agent, which combines multiple modes of action to overcome drug resistance; and Cobalamin-mediated targeted delivery. The company has a co-development and sublicense agreement with Virium Pharmaceuticals, Inc. to develop Sodium Phenylbutyrate, a Phase II clinical candidate for the treatment of cancer, autoimmune diseases, and other clinical indications; and a research collaboration with The School of Pharmacy, University of London to develop a synthetic polymer technology to exploit enhanced permeability and retention at tumor sites to accumulate drug and control drug release. Access Pharmaceuticals, Inc. was founded in 1988 and is based in Dallas, Texas. With 17.31 million shares outstanding and 140,500 shares declared short as of September 2008, the failure to deliver in shares of ACCP has not been resolved and a buy-in is imminent. According to quarterly data provided by the SEC, there were still 37,631 shares of ACCP that were failing-to-deliver as of March 9, 2007.
Seamless Corp. (OTCBB: SMWF | Quote | Chart | News | PowerRating) through its subsidiaries, engages in the development and marketing of Internet communications products and services in the United States. The company provides wireless Internet access service known as wireless fidelity (Wi-Fi) in Wi-Fi hot spots. It also develops software program that provides Wi-Fi users with Seamless-Secure Internet Browsing, which encrypts the user's Wi-Fi signal. In addition, the company develops Phenom Encryption Software, which enables secure communications over Wi-Fi, local area networks, and wide area networks with its virtual Internet extranet network technology. The Phenom software provides secure peer mail, chat, file transfer, and remote personal computer access in a two-megabyte download; and its application protocol interface supports voice-over Internet protocol, video voice conferencing, and white boarding. Further, it manufactures and markets the S-XGen ultra mobile personal computer and communications device. The company was founded in 1983 as International Food and Beverage, Inc. and changed its name to Internet Business's International, Inc. in 1998. Further, it changed its name to Alpha Wireless Broadband, Inc. in 2004 and to Seamless Wi-Fi, Inc. in 2005. Seamless Wi-Fi, Inc. is based in Las Vegas, Nevada. With 29.29 million shares outstanding and 729,900 shares declared short as of September 2008, the failure to deliver in shares of SMWF has not been resolved and a buy-in is imminent. According to quarterly data provided by the SEC, there were still 733,711 shares of SMWF that were failing-to-deliver as of June 30, 2008.
Park Place Energy Corp. (OTCBB: PRPL | Quote | Chart | News | PowerRating) engages in the acquisition and exploration of conventional oil and natural gas, and oil sands properties. It has interests in the Atlee-Buffalo property, Normandville Oil Sands property, Worsley property, Medicine Hat property, Eight Mile property, Lloydminster property, Cecil-Eureka property, which are located in Alberta, Canada. The company also has interests in the Brighty property and Ridgewood property located in North Sea, the United Kingdom. Park Place Energy is based in Calgary, Canada. With 61.8 million shares outstanding and an undisclosed short position, the failure to deliver in shares of PRPL has not been resolved and a buy-in is possible. According to quarterly data provided by the SEC, there were still 1,050,238 shares of PRPL that were failing-to-deliver as of December 28, 2007.
Deep Field Technologies Inc. (OTC: DPFD | Quote | Chart | News | PowerRating) engages in painting and repairing automobiles, and the sale of automotive parts, accessories, and supplies in the People's Republic of China. It also operates as an auto insurance agent. As of December 31, 2006, Deep Field operated 12 automotive repair centers in Beijing. The company was founded in 2005 and is headquartered in Beijing, the People's Republic of China. With 113.60 million shares outstanding and 100 shares declared short as of September 2008, the failure to deliver in shares of DPFD has not been resolved and a buy-in is imminent. According to quarterly data provided by the SEC, there were still 2,748,089 shares of DPFD that were failing-to-deliver as of May 14, 2008.
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 2,150,000,000 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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