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Oncolytics Biotech, Inc. Message Board

  • rationalthought11 rationalthought11 Feb 19, 2013 6:34 PM Flag

    REO 018 mentioned precisely three times in the entire prospectus

    We are a corporation incorporated under the Business Corporations Act (Alberta) (the “ABCA”). The majority of our officers and directors and some of the experts named in this Prospectus, are residents of Canada or otherwise reside outside the United States, and all, or a substantial portion of their assets and a substantial portion of our assets, are located outside the United States. We have appointed an agent for service of process in the United States, but it may be difficult for holders of Securities who reside in the United States to effect service within the United States upon those directors, officers and experts who are not residents of the United States. It may also be difficult for holders of Securities who reside in the United States to realize in the United States upon judgments of courts of the United States predicated upon our civil liability and the civil liability of our directors, officers and experts under the United States federal securities laws. We have been advised by our Canadian counsel, McCarthy Tétrault LLP, that a judgment of a United States court predicated solely upon civil liability under United States federal securities laws, would probably be enforceable in Canada if, the United States court in which the judgment was obtained, has a basis for jurisdiction in the matter that would be recognized by a Canadian court for the same purposes. We have also been advised by McCarthy Tétrault LLP, however, that there is substantial doubt whether an action could be brought in Canada in the first instance on the basis of liability predicated solely upon United States federal securities laws.

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    • Rat,

      Can you tell us again that cetuximab is the soc for kras wild type cancer. We need your council on this.

    • HaaaaaaaaaaaaaaaaaaaaaaaaHa. You are in panic. Hey you can copy and paste the entire SEC rules manual , maybe that will calm your nerves. And pay attention for "penalties ". They will take your Outhouse but first they will make you clean it with a toothbrush. After all the SEC agents s#!t in it. HeeeeeeeeeeeeeeeeeeHe.

    • Rational, care to explain the importance of your quote? What are you expecting exactly? How does this differ from other prospectuses from companies situated outside of the U.S.?

      • 1 Reply to fallingissa
      • Olly olly oxen free (and variants: ollie ollie umphrey, olly-olly-ee, ally ally in free,[1] ally alley ocean free, etc.) is a catchphrase used in such children's games as hide and seek to indicate that players who are hiding can come out into the open without losing the game, that the position of the sides in a game has changed (as in which side is in the field or which side is at bat or "up" in baseball or kickball), or, alternatively, that the game is entirely over. It is thought to derive from the phrase "All ye, all ye 'outs' in free,","All the outs in free" or possibly "Calling all the 'outs' in free;" in other words: all who are "out" may come in without penalty.[2] However, this may not be the etymology at all--"Olly olly oxen free" is suspiciously close to the German phrase "Alle, alle auch sind frei," meaning "everyone, everyone is also free."[3]

        I expect the trial to fail. I expect ONCY already knows this. I now expect them to raise money (in advance of the failure) in the US where (as a Canadian Company) the company and more importantly (for them at least) all its principals are essentially free from civil liability for securities fraud, I now expect the announcement of the failure to be dragged out as far as possible to separate the capital raise from the announcement of failure in an attempt to put some distance between the raise and the announcement of failure despite the fact that they have the data right now.. greg Wade has been told that the announcement will come in late q-2 and maybe q-3. Anyone who knows anything about statistics and this patient group knows ONCY could announce now. I expect they will drag their feet with meetings with the FDA and others (since a they don't want an early answer) and blame the delay in announcing the failure on " meetings with FDA" "statistical analysis" and other #$%$

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