I don't see them tapping the YA Global money now. Even if they sold the 10M or so remaining shares at 20 cents per share they get less than $2M bucks. At the time they did this we were around 90 cents or $9M. I think the Flavins don't want to dilute their ownerhsip and risk losing control of the company. So this will force them to get upfront cash in any deal they do for Ceth going forward. I also think they are hoping for some DOD or Homeland security to provide cash. I would like to see them get $25M to get a couple years of funding. That would help the price more than anything.
In addition, under the terms of the SEDA, we are not able to utilize the facility after receipt of a delisting notice from the principal trading market on which our common stock is being traded. As discussed below, we received such a notice on November 5, 2008. While we have obtained a waiver from YA Global dated as of November 19, 2008 with respect to such notice, receipt of additional delisting notices or an unsuccessful appeal of the original delisting determination may result in our inability to issue shares to YA Global pursuant to the terms of the SEDA.
The Company has appealed the determination, and a hearing has been set for the middle of December. If we are unsuccessful in the appeal process, our common stock may be delisted from the NASDAQ Capital Market.
Sounds to me (now that there is a waiver in place) that we're going to take on massive dilution between now and the middle of December when we more than likely get de-listed and the SEDA will no longer be available.
Of course, they do this in the interest of all shareholders.......
I could not find any good news in it anywhere. It seemed like bad news and more bad news. One thing I couldn't really understand, it said they don't actually get any money from the stock sale. Rather, they have the right to sell the stock at 95% of it market value. Anyway, I can't imagine how they could give a more depressing report than that one.