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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.
Harvest Energy Trust Trust Units (NYSE: HTE | Quote | Chart | News | PowerRating) operates as an open-ended investment trust in Canada. It engages in the exploitation and development of petroleum and natural gas properties in western Canada. The company also conducts petroleum refining and marketing operations in the Province of Newfoundland and Labrador. As of December 31, 2007, it had net total proved plus probable reserves of approximately 192,297 million barrels of oil equivalent. The company was founded in 2002 and is headquartered in Calgary, Canada. With 152.73 million shares outstanding and 1.51 million shares declared short as of September 2008, the failure to deliver in shares of HTE has not been resolved and a buy-in is imminent. According to quarterly data provided by the SEC, there were still 839,441 shares of HTE that were failing-to-deliver as of November 22, 2006.
Tronox Inc. (NYSE: TRX | Quote | Chart | News | PowerRating) produces and markets titanium dioxide pigment in the United States and internationally. The company's titanium dioxide, a white pigment is used in a range of products for its ability to impart whiteness, brightness, and opacity. Its pigment product is used in coatings, plastics, and paper, as well as various specialty products, such as inks, food, and cosmetics. The company also offers electrolytic manganese dioxide, which is used as active cathode material for alkaline batteries; lithium manganese dioxide that is used as rechargeable battery material; sodium chlorate for the pulp and paper industry; boron trichloride, a specialty chemical gas, which is used in various products, including pharmaceuticals, semiconductors, high-performance fibers, specialty ceramics, and epoxies; and elemental boron that is used in igniter formulations for defense, pyrotechnic, and air bag industries. Tronox Incorporated was founded in 1964 and is based in Oklahoma City, Oklahoma. Tronox Inc. (NYSE:TRX) operates independently of Kerr-McGee Corp. as of March 30, 2006. With 41.68 million shares outstanding and 2.91 million shares declared short as of September 2008, the failure to deliver in shares of TRX has not been resolved and a buy-in is imminent. According to quarterly data provided by the SEC, there were still 1,290,033 shares of TRX that were failing-to-deliver as of November 28, 2005.
AtheroGenics Inc. (NASDAQ: AGIX | Quote | Chart | News | PowerRating) a research-based pharmaceutical company, focuses on the discovery, development, and commercialization of drugs for the treatment of chronic inflammatory diseases, including diabetes and coronary heart disease. The company's V-Protectant technology based products include AGI-1067, a phase III clinical trial product for the treatment of type 2 diabetes and atherosclerosis; AGI-1096, a phase I clinical trial antioxidant and selective anti-inflammatory agent for the treatment of transplant rejection; and other V-Protectant compounds for the treatment of cardiovascular and inflammatory disease. AtheroGenics has collaboration with Astellas Pharma, Inc. to develop AGI-1096 as an oral treatment for the prevention of organ transplant rejection. The company was founded in 1993 and is based in Alpharetta, Georgia. On September 15, 2008, an involuntary petition for liquidation under Chapter 7 was filed against AtheroGenics, Inc in the US Bankruptcy Court for the Northern District of Georgia, Atlanta. With 39.52 million shares outstanding and 7.48 million shares declared short as of September 2008, the failure to deliver in shares of AGIX has not been resolved and a buy-in is imminent. According to quarterly data provided by the SEC, there were still 12,102,225 shares of AGIX that were failing-to-deliver as of March 30, 2007.
Optimer Pharmaceuticals Inc. (NASDAQ: OPTR | Quote | Chart | News | PowerRating) a biopharmaceutical company, focuses on discovering, developing, and commercializing anti-infective products. The company develops products that treat gastrointestinal infections and related diseases. Its two late-stage anti-infective product candidates include OPT-80, an antibiotic in two Phase III registration trials for the treatment of Clostridium difficile-infections/Clostridium difficile-associated disease, the common nosocomial diarrhea; and Prulifloxacin, an antibiotic in two Phase III trials for the treatment of infectious diarrhea in travelers, a community-acquired infection, which is caused by a range of bacteria. It also develops OPT-1068/CEM-101, a pre-clinical antibiotic against respiratory tract infections; an OPopS drug discovery platform; OPT-822, a carbohydrate-based immunostimulant therapy for the treatment of metastatic breast cancer that completed phase I trials; and OPT-88 as a disease-modifying intra-articular and as a therapy for osteoarthritis. The company has a collaborative research and development, and license agreement with Cempra Pharmaceuticals, Inc. to discover, develop, and commercialize drugs based on macrolide and ketolide compounds. Optimer Pharmaceuticals was founded 1998 and is headquartered in San Diego, California. With 29.7 million shares outstanding and 1.36 million shares declared short as of September 2008, the failure to deliver in shares of OPTR has not been resolved and a buy-in is imminent. According to quarterly data provided by the SEC, there were still 286,745 shares of OPTR that were failing-to-deliver as of February 14, 2007.
Global Med Technologies Inc. (OTCBB: GLOB | Quote | Chart | News | PowerRating) designs, develops, markets, and supports information management software products for blood banks, hospitals, centralized transfusion centers, and other health care related facilities in the United States, Africa, Canada, and the Caribbean. Its products include SafeTrace, which is used to assist community blood centers, hospitals, plasma centers, and outpatient clinics for the collection and management of blood and blood products; SafeTrace Tx, a transfusion management information system designed for hospitals and centralized transfusion centers to enable the quality of blood transfused into patient-recipients; and ElDorado Donor, a blood management software application designed to provide the information system needs of blood banks and donor centers. The company, through its subsidiary, PeopleMed.com, Inc., (PeopleMed) develops a software application designed to provide HMO providers and other third party payers access to clinical information for chronic disease patients. PeopleMed supports chronic disease management as an application service provider and its system uses the Internet to co-ordinate sources of information and users of a patient's clinical information, including laboratory, pharmacy, primary and specialty care providers, claims, and medical records. Global Med Technologies also involves in licensing software; the provision of maintenance, consulting, and support services; and in the resale of software obtained from vendors. The company was founded in 1989 and is based in Lakewood, Colorado. With 30.45 million shares outstanding and 40,600 shares declared short as of September 2008, the failure to deliver in shares of GLOB has not been resolved and a buy-in is imminent. According to quarterly data provided by the SEC, there were still 725,297 shares of GLOB that were failing-to-deliver as of January 10, 2008.
Ampex Corp. (OTC: AMPXQ | Quote | Chart | News | PowerRating) together with its subsidiaries, engages in the development and licensing of visual information technology products. The company operates in two segments, Recorders and Licensing. The Recorders segment primarily engages in the sale and service of data acquisition and instrumentation recorders that record data and images rather than computer information; and mass data storage products consisting of 19-millimeter scanning recorders and robotic library systems, as well as related tape and after-market parts. The Licensing segment involves in the licensing of its intellectual property to manufacturers of consumer digital video products. Ampex Corporation also holds patents and patent applications covering digital image-processing, data compression, and recording technologies. In addition, it develops and incorporates technology in the design and manufacture of instrumentation recorders primarily for use in defense applications to gather digital images and other data from aircraft, satellites, and submarines, as well as for in flight and sensor test applications. The company distributes its products directly through its internal sales force, as well as through independent value-added resellers. Ampex Corporation sells its products and services in the United States, Europe, Africa, the Middle East, and Japan. Ampex Corporation was founded in 1944 and is headquartered in Redwood City, California. On March 30, 2008, Ampex Corp., along with its affiliates, filed a voluntary petition for reorganization under Chapter 11 in the US Bankruptcy Court for the Southern District of New York. With 3.90 million shares outstanding and 160,500 shares declared short as of September 2008, the failure to deliver in shares of AMPXQ has not been resolved and a buy-in is imminent. According to quarterly data provided by the SEC, there were still 94,566 shares of AMPXQ that were failing-to-deliver as of May 21, 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.
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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