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Gevo, Inc. Message Board

newunreadmessage 50 posts  |  Last Activity: Mar 4, 2015 4:57 PM Member since: Aug 27, 2012
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  • Reply to

    April 30th 2015

    by rollin_db7 Mar 4, 2015 10:59 AM
    newunreadmessage newunreadmessage Mar 4, 2015 4:57 PM Flag

    There is currently NO litigation against the merger, that's kind of a big problem for that "big upside" thing; unless another firm opens a brand new case..and like tomorrow, the sale will go through with a settlement to some of the shareholders..

  • Reply to

    April 30th 2015

    by rollin_db7 Mar 4, 2015 10:59 AM
    newunreadmessage newunreadmessage Mar 4, 2015 4:21 PM Flag

    Guys, the trial isn't contesting the sale, its to determine what to award shareholders who disagree with the amount of the sale, it's going to be sold at .27 no matter what the settlement is to shareholders..and only those shareholders that have been holding since BEFORE the merger was announced will be eligible for damages - so nothing to gain here unless you are one of those..

  • Reply to

    April 30th 2015

    by rollin_db7 Mar 4, 2015 10:59 AM
    newunreadmessage newunreadmessage Mar 4, 2015 12:36 PM Flag

    Just read the court review; yep, they will simply announce some kind of settlement to shareholders of record before August 2014 - everyone else gets nothing except .27 a share in May - so, I'm out - can't tie up my $ for months for nothing. Good luck to the rest of you :)

  • Reply to

    suprised no activist(s) have stepped in

    by rollin_db7 Mar 4, 2015 9:34 AM
    newunreadmessage newunreadmessage Mar 4, 2015 9:57 AM Flag

    Agreed, as long as a hearing is pending over this merger and shares are live - all bets are off until the decision and worst case, you get your .27 back.

    Sentiment: Strong Buy

  • newunreadmessage newunreadmessage Mar 4, 2015 7:54 AM Flag

    And hugely important, is it to determine a settlement, or the validity of the merger itself? Because if the merger itself is in question, then the stock price should go nuts..

  • newunreadmessage newunreadmessage Mar 4, 2015 7:53 AM Flag

    Wait? Where did you hear this?!

  • newunreadmessage newunreadmessage Mar 4, 2015 7:30 AM Flag

    If you scroll down my previous posts - I outlined the entire case - you can also Google Omnicare vs. NCS Healthcare 2003 and there are tons of law summary pages on it. The most intriguing part of that case was that it was AFTER the sale had been completed that they found that the BOD had not done their DD in finding the best price for shareholders and "By a 3-2 vote, the Delaware supreme court struck down the NCS-Genesis merger agreement. " So the merger was struck down and reversed. It is a precedent that can be applied in the Corgenix case, yet it must be done so in Nevada now.

    Sentiment: Strong Buy

  • Thank you for contacting Primerus. Unfortunately the case is in Nevada and not Delaware because Corgenix is a Nevada corporation and the governing legal principles are drawn from Nevada law, not Delaware law. I would suggest you contact the Nevada State Bar Lawyer Referral Service as they may be able to recommend someone.

  • Reply to

    How to object

    by shaftesbury3 Mar 2, 2015 1:02 PM
    newunreadmessage newunreadmessage Mar 3, 2015 12:28 PM Flag

    12:27pm: Scottrade T&S Window: Someone just snagged 100,000 shares in one trade..interesting...

    Sentiment: Strong Buy

  • Reply to

    How to object

    by shaftesbury3 Mar 2, 2015 1:02 PM
    newunreadmessage newunreadmessage Mar 2, 2015 3:10 PM Flag

    Terminated in court based on the national security circumstances of the Ebola kit, and sold to a US based company if they so choose, not a company outside the US as was attempted by them originally...

  • Reply to

    How to object

    by shaftesbury3 Mar 2, 2015 1:02 PM
    newunreadmessage newunreadmessage Mar 2, 2015 2:55 PM Flag

    The sale needs to be terminated in court - the stock price will probably move to around $5 to reflect the real price of the stock based on the Ebola kit approval, and then they can look for buyers based on the real value of the company.

    Sentiment: Strong Buy

  • newunreadmessage by newunreadmessage Mar 2, 2015 10:32 AM Flag

    Start a Facebook page if necessary as well, post on Facebook, Twitter and any other Social Media platform you can think of, using the meta-hashtag or 'cashtag': $CONX so that it will be easily searchable on Twitter..

    The only way this will work is if enough shareholders get behind it. And it's very possible that will make the difference. It has happened before..

    Sentiment: Strong Buy

  • Reply to

    Objection to Sale

    by professorschnitzal Mar 1, 2015 4:58 PM
    newunreadmessage newunreadmessage Mar 2, 2015 9:50 AM Flag

    If ALL shareholders can also put the word out on Twitter - Tweet your objection to the sale using $CONX #Ebola @WHO in your Tweets! It helps to get the word out this way! The more shareholders that Tweet the better!!

    Sentiment: Strong Buy

  • newunreadmessage newunreadmessage Mar 1, 2015 7:00 PM Flag

    Thanks, I'm trying my best prof - I simply sent an email to each (in some cases the actual lawyer involved in the O v NCS case) saying that the Corgenix case is extremely similar and since they were able to have a previous ruling overturned (which is what I like about that case, it was already a done deal) that maybe they could look into the details of the the Corgenix merger to see if they might be interested in taking this on in the same way. I'm not sure how it works from there. I'm far from being a lawyer so.. but I think if enough shareholders contacted these 4 firms (again ALL 4 were involved in the trial) then it might be enough for them to open a case for said shareholders. Google and read a little about the NCS case; it's pretty interesting, and in the end the judge ruled that the board of NCS did not do enough to find a better offer then the one they took; they did not carry out their 'fiduciary responsibility', or duty to the shareholders; and the same goes for the Corgenix deal, easily. Now the interesting thing is that Corgenix also has the clause in it's merger SEC filing that "a governmental entity takes action that would make the merger illegal or prevents consummation" which could also add some ammo to the plaintiffs case as well. I think that this case has enough merit for one or ALL of these firms to take it on. And they have the experience obviously. But the only way it will be possible is if lots of y'all make a big stink and get to emailing them ASAP! Time is running out here. I've only had my shares for weeks so for me my only hope is that the merger is called off completely and the share price is allowed to reflect the actual market worth after the Ebola kit was approved (which is massive). For those holding before the merger, you guys might be eligible for damages (and they can be very big i some cases) regardless of whether the merger is reversed or not - and that should be enough incentive right there.

    Sentiment: Strong Buy

  • Omnicare v. NCS Healthcare, 2003 - All 4 law firms I just emailed were involved in the victory for the Plaintiffs who were contesting a merger under the same circumstances of the Corgenix Merger. The firms involved in the victory in that case were:

    Rosenthal, Monhait & Goddess, P.A.
    919 N. Market Street
    Suite 1401
    P.O. Box 1070
    Wilmington, DE 19899
    302.656.4433

    Osborn Law PC
    295 Madison Avenue
    New York, New York 10017
    212-725-9800

    Lowey Dannenberg Cohen & Hart, P.C.
    White Plains Plaza
    One North Broadway
    White Plains, NY 10601-2310
    P: 914-997-0500

    Chimicles & Tikellis LLP
    Haverford Office
    361 West Lancaster Ave
    One Haverford Centre
    Haverford, Pennsylvania 19041
    Toll Free: 866-399-2487
    Voice: 610-642-8500
    Fax: 610-649-3633

    Sentiment: Strong Buy

  • newunreadmessage newunreadmessage Feb 27, 2015 3:41 PM Flag

    There is no way that real common shareholders voted this in favor 3-1. Sorry but that is not possible. I'd love to know how that voting process really went down..

  • newunreadmessage newunreadmessage Feb 27, 2015 3:09 PM Flag

    He might, but that's not the case that he is trying, it completely separate from the shareholder suit; that is the case that needs to be opened though, if not already, then ASAP!

  • Reply to

    Corgenix ... enhanced valuation

    by givethanksineverything Feb 27, 2015 10:04 AM
    newunreadmessage newunreadmessage Feb 27, 2015 10:54 AM Flag

    So remember, and this is important:

    "The parties may terminate on mutual written consent. Any party may also terminate if the merger is not consummated by December 31, 2014 --- OR -----

    a governmental entity takes action that would make the merger illegal or prevents consummation,

    ---OR----

    or the shareholders fail to approve the merger."

    There is no specific TIMETABLE for the middle option - It can happen at any moment after review by said "governmental entities", so this is FAR from OVER folks! Stay tuned and stay long...

    Sentiment: Strong Buy

  • Reply to

    Corgenix ... enhanced valuation

    by givethanksineverything Feb 27, 2015 10:04 AM
    newunreadmessage newunreadmessage Feb 27, 2015 10:47 AM Flag

    Right, there is a whole section on exit penalties AND "governmental action" to prevent the merger in the original SCHEDULE 14A SEC filing :

    Termination of the Merger Agreement (page 62)

    The parties may terminate on mutual written consent. Any party may also terminate if the merger is not consummated by December 31, 2014,

    NOTE THIS LINE! *****

    a governmental entity takes action that would make the merger illegal or prevents consummation,

    NOTE THIS LINE! ******

    or the shareholders fail to approve the merger. Buyer and Merger Sub may terminate if our board of directors effects a change in recommendation, we breach or fail to perform in accordance with the Merger Agreement, and such failure is not cured, or we enter into an acquisition agreement in accordance with the terms of the Merger Agreement. We may terminate if we enter into an acquisition agreement with a third party in accordance

    with the terms of the Merger Agreement, or Buyer or Merger Sub breaches or fails to perform in accordance with the Merger Agreement, and such failure is not cured.



    Termination Fees (page 63)



    The Merger Agreement provides that we would pay Buyer a termination fee of $324,000 plus out of pocket expenses up to $400,000, if:

    · We or Buyer terminates the Merger Agreement based on a superior proposal termination;

    · Buyer terminates the agreement for our breach of the Merger Agreement; or

    · Buyer terminates the Merger Agreement on the basis that our board of directors has effected a change in recommendation.

    Buyer has agreed to pay us a termination fee of $648,000 plus out of pocket expenses up to $400,000, if we terminate the Merger Agreement based on a breach of the Merger Agreement by the Buyer or Merger Sub.

    Sentiment: Strong Buy

  • Reply to

    CORRUPT DEAL

    by kmachadoc Feb 26, 2015 10:51 AM
    newunreadmessage newunreadmessage Feb 26, 2015 10:55 AM Flag

    It's not corrupt, because it's not a done deal yet; don't worry, you'll see what happens when they announce the merger is off -- you won't need to worry about a deal that never happened yet -

    Sentiment: Strong Buy

GEVO
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