Sabby Healthcare Volatility Master Fund, Ltd.
beneficially owns 3,705,279 shares of the Issuer's common stock (Common
Stock), representing approximately 9.99% of the Common Stock, and (ii)
Sabby Management, LLC and Hal Mintz each beneficially own 3,705,279 shares
of the Common Stock, representing approximately 9.99% of the Common Stock.
As it gets closer to the meeting the company will keep a list of shareholders who have not voted yet. I guarantee the company will try to contact them by phone to get them to vote for the RS. This is too important for the company. I have been through it before.
People are so mortified about the RS versus delisting. The wording of delisting notices, along with the bad press associated with it, plus the inconvenience that one cannot trade with two clicks add to the perception.
It is clear that without a RS CXM will be delisted in a matter of months. It is not the end of the world, there are many companies that are doing just fine trading OTC. Certainly a heck of a lot better than RS followed by heavy shorting and depletion again...
Unfortunately, many people will receive the proxy in the mail alng with the "Board recommendations". You are one of the few who obviously know how to read the "legalese" and especially understand what this means. Plus, some shareholders may not receive the proxies (how convenient for the BOD)
Any proxy not returned (in the mail or otherwise) will be counted according to the board recommendation, by default. I have a feeling that cheating and stealing votes will be Reinhart and Ortega's agenda...
But, I am pitching in in the effort to change things...