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Post by moonfiddler on Feb 14, 2016 18:24:54 GMT
Hi JHam, Thanks for pointing that out....just shows how illiterate I am...wasn't sure how, but hope it works this time?! (if not, I'll keep trying) Almost! Just be sure to click below the white box, in the grey area before typing. Oh, thanks again.....I just posted (goofed again) before I saw your message. Hopefully this time it's right.
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Post by JHam on Feb 15, 2016 1:46:33 GMT
Almost! Just be sure to click below the white box, in the grey area before typing. Oh, thanks again.....I just posted (goofed again) before I saw your message. Hopefully this time it's right. Well done!
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jak
Junior Member
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Posts: 88
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Post by jak on Feb 16, 2016 14:52:45 GMT
Attached is the retainer doc from the attorney firm i talked to. Vzveteran, please review and let me know what you think. I am ready to follow your lead on this with this firm or any other deal you dug up. Jak/John Do we need hire a firm that will take one third plus expenses?.....As I understand it so far, all we need to do is be a party to petition already filed...and share costs. It is interesting that they are willing to take this on as a contingency though. They must anticipate a positive outcome.. We need something actionable by end of next week. Specifically to identify and be added to a petition already filed, or select a firm to file. I don't have iCell access, is there any action on the other site?
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Post by vzveteran on Feb 16, 2016 15:16:44 GMT
Do we need hire a firm that will take one third plus expenses?.....As I understand it so far, all we need to do is be a party to petition already filed...and share costs. It is interesting that they are willing to take this on as a contingency though. They must anticipate a positive outcome.. We need something actionable by end of next week. Specifically to identify and be added to a petition already filed, or select a firm to file. I don't have iCell access, is there any action on the other site? No action at all on iCell other than investing in Astellas. No appraisal posts.
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Post by x2ride on Feb 16, 2016 15:54:08 GMT
I too would like to be a part of this group as I had applied for appraisal rights on all accounts!
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Post by thechurchmaus on Feb 16, 2016 16:45:35 GMT
here is a start of the timeline as i read the law.i am assuming that days in the law means trading days? the companies have 10 days after closing of the deal to inform dissenting shareholders of such AND of their rights to an appraisal by the court with a quote of the relevant section of the law. you have 20 days after closing to file for appraisal rights. we have 120 days to file with the court. you have 60 days to change your mind and get paid 8.50$ before that. this is just a start!more to come.
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Post by moonfiddler on Feb 16, 2016 17:13:41 GMT
here is a start of the timeline as i read the law.i am assuming that days in the law means trading days? the companies have 10 days after closing of the deal to inform dissenting shareholders of such AND of their rights to an appraisal by the court with a quote of the relevant section of the law. you have 20 days after closing to file for appraisal rights. we have 120 days to file with the court. you have 60 days to change your mind and get paid 8.50$ before that. this is just a start!more to come. Thanks thechurchmaus.....this is very helpful! What if Astellas-Ocata doesn't even bother to inform anyone of anything! Hope you....or one of our very wise fellow renegades....can lead us onward!!
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Post by thechurchmaus on Feb 16, 2016 17:40:17 GMT
not only have they not informed but they also took the shares of people who have not tendered and paid for them.what are they going to do if they want to file?give the money back to get their shares back so they can file?who do they deal with?i guess they are banking on the sec lawyers to keep watching porn on their monitors instead of acting.
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jak
Junior Member
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Posts: 88
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Post by jak on Feb 17, 2016 15:25:35 GMT
So the company I contacted and provided earlier on this thread can file for us (I have no personal association with this legal firm, just pulled them off of a suggestion on this board). They need to have the retainer document I provided earlier signed by February 26th for folks that would like to participate. Based on their calculation of timeline a filling needs to occur beginning of March. Someone would need to educate them on OCAT history/IP value, etc.. since I don't think they followed OCAT before. As they are paid by keeping 1/3 of the upside from $8.50 + filling cost ($320 + $45), it seems this would be plan B and we are looking for a better plan A between now and end of next week.
I would propose more folks contact them as well to get a balanced perspective. I am trying to figure out if I will go with them in the absence of a better plan A.
John
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Post by thechurchmaus on Feb 17, 2016 16:02:45 GMT
as far as i read the law the court will decide what the lawyers get paid and who pays.with astellas tactics of scaring people of filing,which will not look good in court, i would not be surprised if they were made to pay! further more their actions so far would merit a class action in itself.
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Post by moonfiddler on Feb 17, 2016 16:26:52 GMT
So the company I contacted and provided earlier on this thread can file for us (I have no personal association with this legal firm, just pulled them off of a suggestion on this board). They need to have the retainer document I provided earlier signed by February 26th for folks that would like to participate. Based on their calculation of timeline a filling needs to occur beginning of March. Someone would need to educate them on OCAT history/IP value, etc.. since I don't think they followed OCAT before. As they are paid by keeping 1/3 of the upside from $8.50 + filling cost ($320 + $45), it seems this would be plan B and we are looking for a better plan A between now and end of next week. I would propose more folks contact them as well to get a balanced perspective. I am trying to figure out if I will go with them in the absence of a better plan A. John Hi John, Thanks for posting again! I just got off the phone with Eric Anderson, from the firm you are referring to (ANDERSON SLEATER LLC)....and he said it's ok to mention our conversation here. I think most everyone applying for appraisal is uncertain about how to proceed (I know we are). He said we all have 60 days from the buyout date to decide what to do (if you've already applied for appraisal rights). As you mentioned, I believe the attorney would want to know by Feb. 26 if you want to join their group. He said he's spoken to about a dozen people, but no one has yet decided to join the group that he'd represent. He said in Delaware it may take up to a year and a half before going to court (he wasn't sure it would be quite that long, seems faster in Delaware?). It could also hopefully be settled before going to court. As you mentioned, the expenses are nominal, and the law firm takes 1/3 of any gain. Biggest expense could be hiring an expert witness for the court....so if no gain, we'd all have to share that cost. He also said it's ok to post his information, same as jak posted in the formal letter. Here it is again if anyone wants to call and talk to him..... Eric M. Andersen ANDERSEN SLEATER LLC 3513 Concord Pike, Suite 3300 Wilmington, DE 19803 (302) 595-9102 Eric Andersen <eric@andersensleater.com> Eric said he isn't that familiar with Ocata at this point....but will spend months doing research. We've been hoping that someone here would take the lead, and figure out the best way to proceed....but everyone seems to have disappeared. Sure hope we can hear from some knowledgeable posters (unfortunately I ain't one!). Thanks again to everyone who is trying to come up with ideas!
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Post by kukkido on Feb 18, 2016 16:38:35 GMT
Hey Moon,
Ill try to contact them when i get home. I would like to judge his knowledge and see if he can give me anymore information. i have some questions for him. We should put up our defense or offense in this case. We have all the data and the facts in logical sequence. Our best bet is to get someone who is an expert at valuation for Stem Cell Biotechs and work with them on the data. We need to present a strong front and I think Avalanche is a good place to start. Can believe they Rocketed like that when Dr. Schwartz used his influence.
Okay have a great week ahead.
Kukkido
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Post by moonfiddler on Feb 18, 2016 17:19:14 GMT
Hey Moon, Ill try to contact them when i get home. I would like to judge his knowledge and see if he can give me anymore information. i have some questions for him. We should put up our defense or offense in this case. We have all the data and the facts in logical sequence. Our best bet is to get someone who is an expert at valuation for Stem Cell Biotechs and work with them on the data. We need to present a strong front and I think Avalanche is a good place to start. Can believe they Rocketed like that when Dr. Schwartz used his influence. Okay have a great week ahead. Kukkido Hi kukkido!! We need ya'! We need ya'! We need ya'!.....and glad you've posted! Our group of Renegades and Rascals need you to lead us!! What if several groups use different attorneys....wouldn't it be best for all to join in one group? It seems Eric Anderson isn't that familiar with Ocata, etc., at this point....but said he wants to do a lot of research. You (and some of the others) have a ton of knowledge to impart, and can give him everything he (or another attorney) needs! Thanks again and hope you, vz, jak, churchmouse and all interested others..... can get our group of Ruffians organized!! best, moonfiddler
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Post by vzveteran on Feb 18, 2016 18:10:56 GMT
Contacted Astellas attorneys and asked for the total of tendered and shares withheld.
Was told that he needed to confer with his associates and would get back with me. No word yet.
I also asked directly if Astellas wanted to negotiate for my shares.
If anyone feels inclined. pm me with your Rights shares and I will keep a running total and we can discuss a game plan to present to Astellas.
Let anyone on iCell know as well.
If I do not hear back from Astellas attys by tomorrow... I would think they are not interested in talking to me. I also have emails in to other delaware attys for consult.
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Post by moonfiddler on Feb 18, 2016 18:27:42 GMT
Contacted Astellas attorneys and asked for the total of tendered and shares withheld. Was told that he needed to confer with his associates and would get back with me. No word yet. I also asked directly if Astellas wanted to negotiate for my shares. If anyone feels inclined. pm me with your Rights shares and I will keep a running total and we can discuss a game plan to present to Astellas. Let anyone on iCell know as well. If I do not hear back from Astellas attys by tomorrow... I would think they are not interested in talking to me. I also have emails in to other delaware attys for consult. Thanks vz, for moving things along....this is great!! I just sent you a pm with our share count....also my email address. Not sure I'm doing the pm correctly? best, moonfiddler
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Post by vzveteran on Feb 18, 2016 18:34:35 GMT
Got it mf. Would you post on iCell and let them know? It would help if we can pool our resources and opinions/information going forward.
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Post by moonfiddler on Feb 18, 2016 18:40:18 GMT
Got it mf. Would you post on iCell and let them know? It would help if we can pool our resources and opinions/information going forward. I'll sure try. It seems the site isn't completely working.....at least not for me? If I'm able to post I hope it won't get deleted...
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Post by thechurchmaus on Feb 19, 2016 17:58:16 GMT
the use of this law(delaware corporation law 262)that virtually no one in the financial services industry knows anything about it.iam trying to claw back a portion of the shares i have commited for a financial cushion as this may take years and have gotten nowhere so far.conflicting info from the information agent(georgeson),fidelity was pretty good to begin with submitting my shares with no cost to me but are now stumped as to what to do.i urge them to read the law but most if not all of them dont get beyond headlines.tranfer agents are no help either!in fact i dont know for sure who has my shares right now and how to get a hold of them.
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Post by moonfiddler on Feb 19, 2016 21:59:35 GMT
the use of this law(delaware corporation law 262)that virtually no one in the financial services industry knows anything about it.iam trying to claw back a portion of the shares i have commited for a financial cushion as this may take years and have gotten nowhere so far.conflicting info from the information agent(georgeson),fidelity was pretty good to begin with submitting my shares with no cost to me but are now stumped as to what to do.i urge them to read the law but most if not all of them dont get beyond headlines.tranfer agents are no help either!in fact i dont know for sure who has my shares right now and how to get a hold of them. Hi thechurchmaus, You're absolutely right....no one seems to know nuttin'. Did you receive a paper certificate for your shares?....or are they still in your account with another designation? Scottrade is our broker, charged $600 to pull our shares for appraisal....finally received a paper certificate in the mail made out to Cede & Co. (NOT in our names). The two guys at our local branch are very nice, but don't have a clue about any of this, and it appears that Scottrade's legal department isn't sure. If our appraisals will end up in court (and take several years), we may also want to cash out a portion, and let the rest go for appraisal. I called Scottrade again today to find out about withholding some shares? They didn't know how we can do this.....and will hopefully get back to us early next week....but as you said....none of the agents seem to know what to do? I guess, as we all know, it's a totally RIGGED world...but it gets tiresome to always be on the short end of it all..... We're determined to stick with this....and hope that you and all of the other renegades are too!.....
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Post by thechurchmaus on Feb 19, 2016 23:35:24 GMT
moonfiddler! i suppose my shares are with cede. the way i left it with fidelity is that they promised to do some more research and get back to me by tuesday. anybody here with fidelity i can give you a name and # to call pm me.
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