"the Icahn Parties agree that from the date hereof until February 28, 2014, the Icahn Parties shall not, and shall cause their controlled Affiliates not to, directly or indirectly, voluntarily sell any common shares of the Company"
I'm no Attorney, (I have a conscience), but it appears that Icahn is in for at least a year.
I doubt that Bill the Aaaaack-man has the money to stay in his short position for a year.
Just like Bill the Cat, all Billy Boi will be doing is sitting comatose, with his tongue hanging out, sputtering a spit sprayed "Aaaaaaaack!".
Har, har, har.......
The small time short sellers probably still think that Ackman or his lame accusation of HLF being a pyramid scheme will somehow prevail and keep them from losing their rear ends and savings they put into their bad bets ?
Har, har, har...........
Ackman has no choice but to cover now and he must know it. Or let his pride get the best of him, wait and cover at a higher price later. His short thesis is correct, HLF is a piece of fecal matter, but his trade is shot. Game, set, match.
Very huge. Takes one of the dumb shorts arguments off the table. No more pump and dump, now what? I think that leaves just a couple now - (Pyramid scheme) (FTC coming) oh and almost forgot (POS going to zero) - Do you guys realize how dumb those sound yet?
this was good also:
. Sale Restriction. In consideration of the Company’s agreement set forth herein, so long as the Company has complied and is complying with its obligations under the first and second paragraphs of Section 1(a), Sections 1(b), 1(c) and 1(d), and Section 7, and has otherwise materially complied and is materially complying with its other obligations set forth in this Agreement, the Icahn Parties agree that from the date hereof until February 28, 2014, the Icahn Parties shall not, and shall cause their controlled Affiliates not to, directly or indirectly, voluntarily sell any common shares of the Company (or Beneficial Ownership thereof) or any securities convertible or exchangeable into or exercisable for any common shares of the Company (or Beneficial Ownership thereof) (including, without limitation, any derivative securities or instruments having the right to acquire common shares of the Company) unless such sale involves a sale, transfer, tender or other disposition involving a tender or exchange offer (whether commenced by a third party or the Company), or a merger or other business combination transaction that is not in violation of Section 2 of this Agreement. This Section 3 terminates and ceases to have any effect at such time as the VWAP for a share of the Company’s common stock on the New York Stock Exchange (defined as dollars traded for each transaction (i.e., price multiplied by the number of shares traded) divided by total number of shares traded) for any five (5) consecutive trading day period is at least $73.00, as adjusted to account for any stock split or stock dividend.