Lawsuit what? There was NEVER any statement about a secondary being issued only in the event of a large customer win. The wording was "significant market opportunity".
Guess what - they have guided to a revenue number $300 million HIGHER than this year's revenue. That sounds like a significant market opportunity to me.
They guided to Q4 sales between $105-120 million. They hit square in the range. They guided Q4 gross margin to be between 23.5- 25.5 % They hit square in the range.
They announced the R4 launch costs well ahead of Q4 close and advised the analysts to update their models.
They have clearly and repeatedly announced EVERYTHING. Not to mention plastered the Safe Harbor language all over every PR and call they have ever made.
If there are any lawsuits it should be against the market makers who blatantly manipulate the stock.
Nothing I hate more than crybabies who constantly point the finger at someone else. The market is a crapshoot in the best of circumstances and if you can't stomach the risk don't buy. OCZ is firing on all cylinders and if one can't see that and gets scared off by the oldest shake-out tactics in the books one deserves to lose money.
As documented in several CC transcripts, CEO/CFO both said they have enough cash on hand + line of credit to support the business to the $600M / $700M level and would only do a secondary if a greater business deal was at hand.
Yes, I recall management saying they had enough cash to support 600-700 million of revenue, which is what they are guiding for in FY2013. So why the capital raise?
Because they also have many additional opportunities that are not yet baked into guidance. (This was stated on the Q4 conference call) Expect Guidance and revenue to raise through-out the year, as opportunities become certain.