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By JCausey, Section General Articles
Of course we all know it can really happen - a company being delisted from the stock exchange where they normally trade. In fact, it seems to happen all the time. But I am going to guess most readers are like me - the particular companies they follow seem to avoid delisting forever. Many of us have been waiting and waiting and waiting to see The SCO Group (SCOX) be delisted from the NASDAQ. With that stock consistently trading below $1 for a couple weeks now, my understanding is that some triggers may be getting ready to occur.
Anyway, another company that I have followed due to their legal shenanigans is Eagle Broadband (EAG on the AMEX). I first started following them about 1.5 years ago when I was alerted to the fact that they had filed a lawsuit against message board posters over at Yahoo! alleging the "negative" posting history of some posters was evidence that they were engaged in a "short and distort" scheme to drive the stock price down.
Since following them, we have seen the justice system plod along at its usual glacial pace. Of course, compared to the SCO lawsuits, the EAG action is like an IndyCar. Last summer one of the defendants(benderandundat) prevailed in a Motion to Strike the complaint using California's Anti-SLAPP laws. EAG has been ordered to pay that defendant about $66,000 in legal fees, though they are currently appealing that as being excessive. Another of the defendants(upanddown100) who filed a Motion to Strike was dismissed from the lawsuit by EAG in October 2006. The case against one defendant(richwill21) appears to have been narrowed considerably to a single issue (whether a particular post was a parody or not) and appeals surround the status of the action relative to him. And finally, EAG and another defendant(team_3339) gets drawn out as the two sides keep filing continuances (jmo, but they may be working on some settlement behind the scenes). Will they ever get to the other defendants in the case who never bothered to file Motions to Strike under the Anti-SLAPP laws (there are a few other "named" defendants and several unnamed Does)? [To review source documents about the case and appeals, please visit eagle.petrofsky.org]
In the meantime, watching the financial struggles of the company has been ... interesting. They have a long history of losses. Last year about this time they were in the process of conducting a reverse split at the suggestion of the AMEX. At the time, the stock price had slipped below 4 cents. EAG eventually completed a 1:35 reverse split. Unfortunately for them, the stock has continued to nosedive and was all the way back down to 18 cents as of 4/4/2007. Starting late in 2006, EAG was once again notified by the AMEX that they were failing to meet continued listing requirements, this time mainly for their shareholder's equity dipping so low and losses from continuing operations. In January 2007 EAG filed a response to the delisting notice. However, the plan for re-achieving compliance was rejected by the AMEX. EAG appealed that decision and was slated to have a hearing with the AMEX in late March. However, the day before the hearing EAG announced that they had decided to abandon their appeal and move over to the Over The Counter Bulletin Board exchanges (OTC:BB). So, EAG will no longer be listed on the AMEX as of April 9, 2007. With the markets closed on April 6th for the Easter holiday, that means today, April 5th, is the last day for EAG to trade on the AMEX. After following companies that are so thinly traded as EAG and SCOX and watching them rack up millions of dollars of losses, it is interesting to watch them as they actually trade for a final day on a stock exchange. The question now is whether they will ever be able to resurrect themselves and move back onto an exchange in the future or will they continue their downward spiral with bankruptcy the seemingly inevitable result.
Thanks for reading,
It Can Really Happen - Eagle Broadband Delisting from AMEX | 5 comments (5 topical, 0 editorial, 0 hidden)
It Can Really Happen - Eagle Broadband Delisting from AMEX | 5 comments (5 topical, 0 editorial, 0 hidden)
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