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Post by thechurchmaus on Feb 17, 2016 23:14:32 GMT
who here has not tendered their shares in ocata,has not filed for an appraisal but their shares were taken anyway?i think there were a few cases on the other board where all of a sudden the 8.50 showed up in their account and the shares were gone.
has anyone who did not tender been made aware that they have a right to an appraisal as prescibed in delaware corporation law 262?
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Post by imz72 on Feb 17, 2016 23:50:33 GMT
Nobody told me that I'm entitled to appraisal rights. As I've already noted, I believe that Ocata and Astellas are covered by this paragraph from SEC form filed on November 19, 2015: "Under Section 262 of the DGCL, where a merger is approved under Section 251(h) of the DGCL, either a constituent corporation before the effective date of the merger, or the surviving corporation within ten days thereafter, shall notify each of the holders of any class or series of stock of such constituent corporation who are entitled to appraisal rights of the approval of the merger and that appraisal rights are available for any or all shares of such class or series of stock of such constituent corporation, and shall include in such notice a copy of Section 262. This Schedule 14D-9 constitutes the formal notice of appraisal rights under Section 262 of the DGCL." www.sec.gov/Archives/edgar/data/1140098/000119312515382140/d45216dsc14d9.htm |
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Post by kukkido on Feb 18, 2016 16:32:50 GMT
Seems like we are all trying to get the answers to all of these questions. I will be back by Monday and I will try to get some information from my attorneys. Has anyone tried to contact the first attorneys who were pressing a Class Action suit when we first learned of the buyout. I am sure someone in their firm would know something as they were so eager to get us to follow their lead. I have been in a couple Class Actions and understand the process. I am still in one with the Airlines and its been almost 7 years. Almost as long as I enjoyed owning OCAT.
Stay the course. I dont see any other way.
Kukkido
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Post by goldencoin9999 on Feb 18, 2016 21:54:37 GMT
They paid tendered and non-tendered shares pretty quick.
I did not tendered and not applied for appraisals. What if they counted my shares or a few others like me to reach the percentage? What procedure was in place to verify that did not take place? After all, people just called them to say they tendered, what if they "accidentally" marked a few addition people on the list as tendered but when in reality they are not?
Anyone here have tendered? Were your shares taken out of your trading account after you tendered?
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