The recent departure of Robert Ellin, whose company Trinad owns 30% of ATRN as of today is a wee bit suspicious given the history of this person. When ATRN was known as New Motion, Robert Ellin was on the BOD of New Motion 5 years ago, and then continued on the BOD when that co. was changed to Atrinsic. So we have a BOD member and a major shareowner (Trinad owns 30% of ATRN) for the last 5-6 years...who suddenly resigns, with no explanation from the BOD, right at the exact same time that ATRN is sniffing around for capital. It could be that Robert Ellin, via his company Trinad, may be wanting to do a cash equity injection, but if Robert Ellin remains on the BOD, he would essentially be voting to approve his own equity injection. Due to the SEC conflict of rules, the only way he could make that deal work is if he were not on the BOD...Does that explain why he suddenly rsigned. It could in light of the fact that management gave no explantaion for this man's resignation..stay tuned
well if that is true then Trinad still owns almost 500k in shares..b/c as of 12-31-10 they owned 1.8 million (see the major holders) so if they distributed 1.3 mm then 500k is still theirs..thus, per my calculation they still own almost 9% of the co..still a large percentage and enough to recuse himself or resign die to a conflict of interest if Ellis wants to approach the BOD with a cash equity injection deal
Youre totally confused. After reading the 13-G filed in 2010, January, I am still of the opinion that Ellis's firm Trinad owns 1.8 million shares or 30 percent of ATRN..What was disposed was essentially 1.3 million shares from the general partner to the limited partners..Ellis firm still owns the shares except that they are classified as being part of the limited partnership assets and not the general partnership..of course just b/c Ellis "transferred" these shares by some kind of a shell game, doesnt mean that he still owns them in his fiduciary capacity whether they are part of the general ptnshhp or limited ptnrshp..My point is that Trinad still has a beneficial interest in all 1.8 million shares and Ellis resignation from the BOD speaks volumes that some sort of a CONFLICT OF INTEREST has developed that has necessitated his resignation...a dvelopment like the likelihood that Trinad will inject equity financing into ATRN....Of course, a BOD member can not vote on his own company's offer of equity financing..hence the conflict of interest..i will post the relevant link in my follwing post
Trinad Capital Master Fund, Ltd. is the beneficial owner of 1,792,695 shares of the Common Stock, representing approximately 8.6% of the Common Stock.
Trinad Management, LLC (as the manager of the Trinad Capital Master Fund, Ltd. and Trinad Capital LP) and Robert S. Ellin, the managing director of and portfolio manager for Trinad Management, LLC and the managing director of Trinad Advisors II LLC are deemed the beneficial owners of 1,792,695 shares of the Common Stock held by Trinad Capital Master Fund, Ltd. representing approximately 8.6% of the Common Stock of the Issuer.
Trinad Capital LP (as the owner of 84.53% of the shares of Trinad Capital Master Fund, Ltd. as of November 30, 2009) and Trinad Advisors II, LLC (as the general partner of Trinad Capital LP), are each deemed the beneficial owner of 1,515,365 (representing 84.53% of the shares of the 1,792,695 shares of the Common Stock held by Trinad Capital Master Fund, Ltd.), representing 7.2% of the Common Stock of the Issuer.
Each of Trinad Management, LLC and Trinad Advisors II, LLC disclaim beneficial ownership of the shares of Common Stock directly and beneficially owned by Trinad Capital Master Fund, Ltd.
Robert S. Ellin disclaims beneficial ownership of the shares of Common Stock directly and beneficially owned by Trinad Capital Master Fund, Ltd. except to the extent of his pecuniary interests therein.
The percentages herein were calculated based on the 20,862,826 shares of the Issuer's common stock, $0.01 par value, reported by the Issuer to be issued and outstanding as of November 13, 2009 in the Issuer’s latest 10-Q filed with the Securities and Exchange Commission on November 16, 2009.
and I might add that b/c those 1.8 million shares were reported as of 1-2010, before the 4/1 split, the relevant holding power of Trinad in ATRN is about 9% AND NOT 30%..Still a significant amount
this is a very interesting thread....I added up all the insider shares forms 3 and 4..Per my calculation 40% of the co. is owned by the insiders..So if the managers wanted to take it private they would purchase 60% of the other shares and then wait until streaming music becomes the music industry standard and take it public again and make a boatload..most of the managers would stay on as that is what ussually happens. My guess is that Ellis, a long standing BOD member even when ATRN was called New Motion, stepped down due to the fact that he is putting together either a deal for equity financing to shore up the balance sheet and his co. would then get additional shares at a cheap price or 2) The execs realize by taking it private (ie the other 60% of the share) they could all make a bundle when they take it public in a few yrs...The stepping down of Ellis makes me really think either 2 of the above scenarios is developing and he had to step down to avoid a conflict of interest
Good point..take for example Eric Schmidt, the google chairmans , who was on Apple's BOD. He recently resigned from the Apple BOD, and stated that b/c google and apple were now increasingly going after each other's business, his presence on the BOD would pose a conflict of interest-when that happens, a board member must resign. Based on common sense, it must be that he is putting together a deal of some kind b/c the timing of his departure intrigueingly coincides with the fact that the BOD is looking around for financing. Ellin is a financial guy-his profile alludes to a heavy weighted background in microcap stocks, also he does have leverage buyout experience. Also in addition to the timing of his departure, the board gave no reason at all. If it was for personal reasons, that would have been said. But perhaps it also could be that the co. started to report some really really bad metrics. A board member can be held personally liable if he doesnt discahrge his duty of loyalty and duty to use good business judgment (the business judgment rule) to us shareowners. Could that be the reason? In lieu of that, the reason he left could be very good for us or very bad...
His father's occupation says "student"
and his mother's occupation says "none"
in spite of these circumstances, thy decide to have a child
this raises alot more questions than it answers. How much taxpayer support was the family receiving..who was paying the school bills? if a loan to the Kenyan's father, was it repaid? who was paying for the kenyan's birth? food stamps? welfare? grandparents help? I have alot of questions now
ALL THE BLACK GROUPS that called GWB stupid for doing porrly in school are now calling Trump a racist for asking what the kenyans school records are..Well I have 2 wordS for all these hypocritical black groups THAT publicly called out GWB on that issue...RACISTS and HYPOCRITES
Below is a Forbes profile of Robert Ellin..read the last sentence in the profile and I quote
"His invaluable experience in the retail equity and debt markets will assist the Company in efforts to raise additional capital to fund operations and expand its operations"
Now this chap resigns at the precise time that the co. is looking for financing. Additionaly, no reason is given for his departure..Per the SEC conflict of Interest rules, a director MUST RESIGN if faced with a conflict of ineterest. Could it be that Ellin's firm Trinad is putting together a financing deal and thus he must recuse himself from the board. This Ellin guy has been a BOD member going on 7 yerars now. Seems to me that he is heavily loyal and heavily invested in ATRN just to walk away...
Robert S. Ellin
Los Angeles , CA
Sector: SERVICES / Broadcasting - TV
Director , Atrinsic, Inc.
Los Angeles , CA
Sector: TECHNOLOGY / Internet Information Providers
45 Years Old
Mr. Ellin has been a member of our Board of Directors and our Co-Chairman since February 2005. Mr. Ellin has twenty years of investment and turnaround experience. Mr. Ellin is a partner and co-founder of Trinad, an activist hedge fund focused on micro-cap public companies. Prior to founding Trinad, Mr. Ellin was the founder and President of Atlantis Equities, Inc., a personal investment company. Founded in 1990, Atlantis actively managed an investment portfolio of small capitalization public companies, as well as select private company investments. Mr. Ellin frequently played an active role in its investee companies including board representation, management selection, corporate finance and other advisory services. Through Atlantis and related companies, Mr. Ellin spearheaded investments into ThQ, Inc., Grand Toys, Forward Industries, Inc. and completed a leveraged buyout of S&S Industries, Inc. where he also served as President from 1996 to 1998. Prior to founding Atlantis, Mr. Ellin worked in Institutional Sales at LF Rothschild and prior to that he was the Manager of Retail Operations at Lombard Securities. Mr. Ellin is Chief Executive Officer of Zoo Entertainment, Inc. and President of Noble Medical Technologies, Inc. Mr. Ellin currently sits on the boards of Command Security Corporation, Lateral Media, Inc., Zoo Entertainment, Inc., Noble Medical Technologies, Inc. and New Motion, Inc. d/b/a Artrinsic, Inc. Mr. Ellin also serves on the Board of Governors at Cedars-Sinai Hospital. Mr. Ellin received his B.A. from Pace University. The Company selected Mr. Ellin as Co-Chairman of the Board based, in part, on his experience in institutional sales at LF Rothschild and as a manager of retail operations at Lombard Securities. His invaluable experience in the retail equity and debt markets will assist the Company in efforts to raise additional capital to fund operations and expand its operations.
Gold will continue to go up. Has the Kenyan ever studied math before. Maybe not.He wont release his school records, and he obviously doesnt understand that you cant keep borrowing and printing 40 cents out of every dollar. Someone should really find out if the Kenyan ever took and passed a math class
I think its appropriate that the Kenyan release his math SAT score, to determine what aptitude the kenyan has in arithmetic. Does he understand that when you borrow 40 cents out of every dollar spent that the end game will be cataclysmic if that practice continues..who cares what his grades are or whether hes an affirmative action person..the country deserves to know what his aptitude is in arithmetic
this begs another question about the kenyans father..if there was so much racism in this country in the 60s, then how come the kenyand father gets to go to school, obviously courtesy of the taxpayers, is well dressed from the Kenyans pics, well fed by the smiles on his face and has a baby with a woman who is unemployed...and the government obviously is paying for if not all of it most of it...does that pic sound like discrimination? why dont the blacks on this board do some research they will find out that black people actually owned black slaves in the deep south during the middle 19th ...century...of course the media will never talk about that..this birth certificate raises alot more questions than answers..and it seems that is why the Kenyan was hiding it for so long
The Kenyan announced today on the White House lawn, that if gold hits 1600, that he, Mooch-el, Mali and Sacsha will gather around the TV set and watch the full 1975 version of the movie Mandingo
no, but it is anticipated that the Kenyan will admit that his senior thesis at Harvard and his writings on the Law review were inspired in part, on the themes in the 1975 movie Mandingo. Mooch-el also admitted that her beliefs and writings were also based on these general Mandingo themes as well
and the worst part of all this is that when interest rates rise, which is a certainty when inflation starts to really get out of control, then the steep declines we have seen will really start to get worse