From the standstill agreement:
10. Resignation of Directors.
(a) Becker hereby irrevocably tenders his resignation as director of the Company effective as of the date, if any, that (i) the Ownership Interest of the Shareholder Group falls below 4% of the outstanding Common Stock (based on the latest annual or quarterly report of the Company filed with the SEC pursuant to Section 13 or 15(d) of the Exchange Act) or (ii) the Shareholder Group breaches its obligations under Section 7 or 10(b) and such breach has not been cured within five (5) days following written notice of such breach. The Board may accept such resignation, in its sole discretion, by a majority vote (excluding the BD Directors), provided that, for the avoidance of doubt, in the event a replacement director(s) is appointed pursuant to Section 5 hereof, this Section 10(a) shall apply to such replacement director(s), and the Shareholder Group and its Affiliates and Associates shall cause such replacement director(s) to fulfill such obligation.
(b) For purposes of this Agreement, the Ownership Interest of the Shareholder Group shall be determined based on the latest public filing made by the Shareholder Group with the SEC with respect to their respective Ownership Interest, provided that if at any time the Shareholder Group is no longer required to publicly disclose its Ownership Interest through public filings made with the SEC, the Shareholder Group shall (i) promptly (and in any event within five (5) business days) inform the Company of such change, (ii) disclose its Ownership Interest to the Company on a quarterly basis and (iii) at the Company’s request, produce documentary evidence reasonably necessary to verify that the Ownership Interest reported to the Company is accurate.
francisco (may I call you francisco?), just between you and me,
I think the bottom could be anywhere between 3 and 0; however, not having very good foresight,
I am bidding for a small quantity at $3.27
It's backwards again as I type this:
much ROIA on the ask at $3.48, and bidders at $3.49 in ROIAK
I would "solve" the problem if it wouldn't force me to file a form 13 for ROIA.
Can't you just short what all the other kids (like me) are shorting? KKD? DNKN? Something like that?
Don't pick on me!
I've been playing "Carl says" (like the children's game "Simon says").
Carl says he's going to get debt-to-EBITDA below 2--just like Carl said the common would survive the bankruptcy filing.
Carl sold some just above $3. I believe in Carl more than Carl believes in Carl.
and now, having had too much coffee and let too much time elapse since gracing this board with my eloquence, to you I point out that 88,863 shares is not a great commitment for that particular owner
can we just get past the refi and the dividend reinstatement before fussing over what the market's opinion of Lee is?
to you I hoist my coffee cup in a toast--it is "reverting to the mean!" ($2? 1$?)