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.
Overstock.com Inc. (NASDAQ: OSTK | news | PowerRating | PR Charts ) is an online "closeout" retailer offering discount, brand-name merchandise for sale over the Internet. The company offers its customers an opportunity to shop for bargains conveniently, while offering its suppliers an alternative inventory liquidation distribution channel. Overstock.com, headquartered in Salt Lake City, is a publicly traded company listed on the NASDAQ Global Market System and can be found online at http://www.overstock.com. With 23.81 million shares outstanding and 4.71 million shares declared short as of December 2007, the failure to deliver in shares of OSTK has not been resolved and a buy-in is imminent.
Flamel Technologies S.A. (NASDAQ: FLML | news | PowerRating | PR Charts ) a biopharmaceutical company, develops polymer-based delivery technologies for medical applications. Its technologies include Micropump, a multiparticulate technology for oral administration of small molecule drugs with applications in controlled-release, tastemasking, and bioavailability development; and Medusa, a nano-particulate technology to deliver therapeutic proteins, peptides, and small molecules. Its lead product based on Micropump technology includes Coreg CR for use in the treatment of moderate to severe congestive heart failure; left ventricular dysfunction following myocardial infarction; and hypertension. The company also has five products or adaptations based on Micropump technology, which include Trigger-Lock, an adaptation of Micropump for the controlled release of active ingredients subject to abuse, such as narcotic analgesics; Micropump-enabled formulation of omeprazole for control of gastric-reflux disease; Genvir, a controlled-release acyclovir for the treatment of genital herpes; Metformin XL, a controlled-release form of Metformin, which is under development for use in the treatment of Type II diabetes; and co-amoxiclav, a Micropump-enabled formulation of the active ingredient in Augmentin for pediatric and geriatric use. In addition, it manufactures Asacard, a controlled-release formulation of aspirin for the treatment of cardiovascular disease. Flamel Technologies, using its Medusa technology, is developing Basulin, a depot delivery formulation of insulin to meet the basal' insulin requirements of diabetic patients; interferon alpha, which is under Phase I/II clinical trial for the treatment of Hepatitis C and cancer; and interleukin-2, which is under Phase I/II clinical trial for the treatment of renal cancer. The company has strategic alliances with GlaxoSmithKline, Servier, Merck & Co., and Corning, Inc. Flamel Technologies was founded in 1990 and is headquartered in Venissieux, France. With 24.04 million shares outstanding and 7.49 million shares declared short as of December 2007, the failure to deliver in shares of FLML has not been resolved and a buy-in is imminent.
True Religion Apparel Inc. (NASDAQ: TRLG | news | PowerRating | PR Charts ) through its wholly owned subsidiary, Guru Denim, Inc., engages in the design, development, manufacture, marketing, distribution, and sale of denim jeans and other apparel for men, women, and children. Its products include denim jeans, corduroy jeans and jackets, velvet jeans, fleece jeans and hooded sweatshirts, skirts, shorts, shirts, sweaters, and sportswear. The company markets and distributes its products under the True Religion Brand Jeans brand name primarily through sales agents and distributors to department stores, specialty retailers, and boutiques in North and South America, Asia, Europe, and Australia. The company was founded in 2002 and is headquartered in Vernon, California. With 23.57 million shares outstanding and 9.5 million shares declared short as of December 2007, the failure to deliver in shares of TRLG has not been resolved and a buy-in is imminent.
XELR8 Holdings Inc (AMEX: BZI | news | PowerRating | PR Charts ) engages in the development, sale, marketing, and distribution of nutritional supplement products and functional foods in the United States. Its product lines consist of a sports hydration drink, a protein shake, a sports energy drink, a meal replacement drink, and a functional food snack, as well as a product line of vitamins and minerals in the form of tablets, softgels, or capsules. XELR8 sells its products directly to professional and Olympic athletes, and to professional sports teams, as well as through independent distributors to other consumers. The company was founded in 2000. It was formerly known as VitaCube Systems Holdings, Inc., and changed its name to XELR8 Holdings, Inc. in March 2007. XELR8 Holdings is based in Denver, Colorado. With 15.2 million shares outstanding and 8,700 shares declared short as of January 2008, the failure to deliver in shares of BZI has not been resolved and a buy-in is imminent.
Sweet Success Enterprises Inc (OTCBB: SWTS | news | PowerRating | PR Charts ) engages in the production, distribution, and marketing of ready-to-drink functional health beverages in the United States. The company offers its products under the Fuel For Health brand name targeting 4 to 64 year olds. Its products include Vita-Tein, a protein based beverage available in chocolate super shake and a vanilla super shake; Power Blend, a noncarbonated juice energy drink; Chocolate Immunity Infusion, a hypoallergenic nondairy, and nonsoy protein based product; ChocKoala; Ultra Green, a juice beverage, which combines barley greens with the phytonutrients Spirulina and Chlorella; and GlucaSafe, a functional health beverage with green and white tea, and pomegranate extract. The company sells its products primarily through retail stores. Sweet Success is based in San Antonio, Texas. With 26.99 million shares outstanding and 15,000 shares declared short as of December 2007, the failure to deliver in shares of SWTS has not been resolved and a buy-in is imminent.
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 1,750,000,000 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. OSTK has previously paid a $18,910.00 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.
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