SPEX - Biotech vor charttechn. Turnaroundstory?
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Mr.Cool :
2.4.15 Termin verschoben
Das stimmt doch gar nicht, der Termin mit Verizon im Mai wurde auf August verschoben - nicht mehr und nicht weniger. Von Vtech und Uniden ist nicht die Rede!
The trial date in SPEX's patent suit with Verizon (VZ) was pushed back to
August 10 from May 18 at the request of the judge, who rescheduled all pending
litigation during May.
http://www.nasdaq.com/symbol/spex/after-hours
das einzigste was den Kurs evtl heute noch halten kann, ist die Aussicht auf eine
Einigung........bin jedenfalls raus, dürfte heute stürmisch werden.
Hier der Bericht.
http://www.marketwatch.com/story/10-k-spherix-inc-2015-03-30
able of Contents
Should the Company be unsuccessful in its efforts to execute its business plan, it could become necessary for the Company to reduce expenses, curtail its operation or explore various alternative business opportunities or possibly suspend or discontinue its business activities.
Pursuant to the terms of our Series I Preferred Stock, we are obligated to redeem 5,601 shares of our outstanding Series I preferred stock on June 30, 2015 at an aggregate redemption price of $935,367, and to redeem the remaining 29,940 shares of our outstanding Series I preferred stock on December 31, 2015 at an aggregate redemption price of $4,999,980. We currently do not have sufficient cash or working capital to make these payments. The Company's failure to generate or raise sufficient cash and working capital to meet these obligations may result in our default under these obligations, which would have a material and adverse impact on our results of operations and may require the Company to suspend or discontinue its business activities.
In addition, our ability to raise additional capital for use in our operating activities may be adversely impacted by the terms of our Series I Preferred Stock. In the event the Company consummates certain fundamental transactions, the Company shall be required to redeem such portion of the outstanding shares of Series I Preferred Stock as shall equal (i) 50% of the net proceeds of the fundamental transaction after deduction of the amount of net proceeds required to leave the Company with cash and cash equivalents on hand of $5.0 million and up until the net proceeds leave the Company with cash and cash equivalents on hand of $7.5 million and (ii) 100% of the net proceeds of the fundamental transaction thereafter. For these purposes, a fundamental transaction includes, among other things, the realization by the Company of net proceeds from any financing, recovery, sale, license fee or other revenue received by the Company (including on account of any intellectual property rights held by the Company and not just in respect of the patents) during any fiscal quarter in an amount which would cause the cash or cash equivalents of the Company to exceed $5,000,000. Thus, a significant portion of any amount we raise in a financing transaction or generate from monetization of our intellectual property may need to be used to redeem all or a portion of our Series I Preferred Stock rather than being used to finance our operations.
We have filed a shelf registration statement on Form S-3 with the SEC. The registration statement, which has been declared effective, was filed in reliance on Instruction I.B.6. of Form S-3, which imposes a limitation on the maximum amount of securities that we may sell pursuant to the registration statement during any twelve-month period. At the time we sell securities pursuant to the registration statement, the amount of securities to be sold plus the amount of any securities we have sold during the prior twelve months in reliance on Instruction I.B.6. may not exceed one-third of the aggregate market value of our outstanding common stock held by non-affiliates as of a day during the 60 days immediately preceding such sale as computed in accordance with Instruction I.B.6. Based on this calculation and primarily as a result of our sale of $20,000,000 of Series J Preferred Stock on May 29, 2014, we are not currently eligible to sell any securities pursuant to our effective registration statement on Form S-3. We expect to be able to sell securities pursuant to our shelf registration statement starting on May 30, 2015, the maximum amount of which will be based on the aggregate market value of our outstanding common stock held by non-affiliates as of a day during the 60 days preceding that date (or any subsequent date on which we sell securities) minus $225,000, representing the value attributed to 125,000 shares of our common stock that we issued in reliance on Instruction I.B.6. of Form S-3 on July 10, 2014. Whether we sell securities under the registration statement will depend on a number of factors, including the market conditions at that time, our cash position at that time and the availability and terms of alternative sources of capital.
Rockstar will be entitled to receive a contingent recovery percentage of future profits ("Participation Payments") from licensing, settlements and judgments against defendants with respect to patents purchased under the First Patent Purchase Agreement; however, no payment is required unless the Company receives a recovery. The Participation Payments under the First Patent Purchase Agreement are equal to zero percent until the Company recovers with respect to patents purchased under the First Patent Purchase Agreement at least (a) $8.0 million or (b) if we recover less than $17.0 million, an amount equal to $5.0 million plus $3.0 million times a fraction equal to total recoveries minus $10.0 million, divided by $7.0 million (clause (a) or (b), as applicable, being the "Initial Return"), in each case net of certain expenses. Once we obtain recoveries in excess of the Initial Return, we are required to make a payment to Rockstar of $13.0 million, payable only from the proceeds of such recovery, within six months after such recovery. In addition, no later than 30 days after the end of each quarter in which we make such a recovery, we are required to pay to Rockstar a percentage of such recovery, net of certain expenses, scaling from 30% if such cumulative recoveries net of certain expenses are less than or equal to $50.0 million, to 70% to the extent cumulative recoveries net of certain expenses are in excess of $1.0 billion.
Rockstar will also be entitled to receive Participation Payments from licensing, settlements and judgments against defendants with respect to patents purchased under the Second Patent Purchase Agreement; however, no payment is required unless we receive a recovery. The Participation Payments under the Second Patent Purchase Agreement are equal to zero percent until we recover with respect to patents purchased under the Second Patent Purchase Agreement at least $120.0 million, net of certain expenses. Once we obtain recoveries in excess of that amount, we are required to pay to Rockstar 50% of our recovery in excess of that amount, no later than 30 days after the end of each quarter in which we make such a recovery.
Our ability to fund these Participation Payments or the $13.0 million contingent payment will depend on the liquidity of our assets, recoveries, alternative demands for cash resources and access to capital at the time. Furthermore, our obligation to fund Participation Payments could adversely impact our liquidity and financial position
© Edgar Online, source Glimpses
Quelle
http://www.4-traders.com/SPHERIX-INC-11551749/...ATIONS-for-20112559/
Spherix Inc (SPEX
retreated Monday after saying the presiding judge in its patent infringement case with VTech (VTKLY) and Uniden recently set the claims construction for the case moving forward, revising many of the disputed terms proposed by the plaintiffs.
In most of the disputed terms and phrases, SPEX argued the terms it presented in its original complaint adhered to "ordinary and customary meanings." But U.S. District Court Judge Barbara Lynn, following a so-called Markman Hearing in November, needed considerable revision for either improved clarity or accuracy.
The March 19 order also established various discovery deadlines, including for the close of fact and expert discovery, according to the company.
In a separate order, the trial date in SPEX's patent suit with Verizon
was pushed back to August 10 from May 18 at the request of the judge, who rescheduled all pending litigation during May.
SPEX shares were down nearly 2% at 94 cents apiece, earlier sinking to a session low of 88 cents a share. The stock has traded within a 52-week range of 74 cents to $4.15 a share, already falling 68% over the past 12 months prior to Monday's decline.
Read more: http://www.nasdaq.com/article/...adi-altr-aapl-cm460420#ixzz3VxUYwRL7
der 10K Bericht für mich persönlich das Ausschlaggebende ist.
Akute Geldnot ....
Zitat
We currently do not have sufficient cash or working capital to make these payments. The Company's failure to generate or raise sufficient cash and working capital to meet these obligations may result in our default under these obligations, which would have a material and adverse impact on our results of operations and may require the Company to suspend or discontinue its business activities.
Our ability to fund these Participation Payments or the $13.0 million contingent payment will depend on the liquidity of our assets, recoveries, alternative demands for cash resources and access to capital at the time. Furthermore, our obligation to fund Participation Payments could adversely impact our liquidity and financial position
Quelle
http://www.4-traders.com/SPHERIX-INC-11551749/...ATIONS-for-20112559/
gestern Geldnot und vor kurzem fliegt die Aktie aus dem Nas...
merkwürdig findet ihr nicht?
aber da sie das wußten, haben sie sich zu besseren zeiten in 2013 bereits schön optionen genehmigen lassen, von denen sie noch ne menge auf den markt werfen können, wenn die kohle mal wieder knapp ist...
hier verdienen nur rockstar, die anwälte + hayes mit seinem wasserkopf...und der dumme aktionär und zocker buttert immer schön weiter rein...
Deshalb die Abschläge das einzige was den Kurs noch stabil hält ist der 2.4.15.
Wenn da auch nichts passiert dann wird es richtig krachen.
Aber für viele "Kleinanleger" eben erschreckend genug. Einzig die Auslösung von Aktien im Juni und Dezember diesen Jahres kann für massive Liquiditätsprobleme sorgen. Aber nach durchrechnen könnte zumindest die Zahlung im Juni noch funktionieren. Danach sollte schon mal ein bissl was reinkommen.
SPEX hat keine langfristigen Bankverbindlichkeiten, das wird gerne übersehen.
Würde mich nicht wundern wenn der Kurs heute und morgen ordentlich anzieht und viele Kleinaleger raus gekegelt worden...
On March 31, 2015, in Bockstar Technologies LLC. v. Cisco Systems Inc., Case No. 1:13-cv-02020-SLR, U.S. District Court for the District of Delaware, the Court granted Spherix's motion to dismiss Cisco's claims against Spherix and closed the case. Spherix claimed that the Court did not have jurisdiction over Cisco's declaratory judgment claims against Spherix in a case brought by the former Rockstar Patent Consortium.
On March 31, 2015, in Spherix Inc. and NNPT, LLC v. Cisco Systems, Inc., Case No. 1:14-cv-00393-SLR, U.S District Court for the District of Delaware, and Spherix Inc. and NNPT, LLC v. Juniper Networks, Inc., Case No. 1:14-cv-00578-SLR, U.S. District Court for the District of Delaware, the Court granted Defendants' motion to dismiss allegations of "willful" infringement. "Willful" infringement is often defined as infringement that is done deliberately and intentionally, and with knowledge of the patent. Spherix's allegations of patent infringement for the eleven asserted patents continue and Spherix has the ability to re-allege "willful" infringement later.
On April 3. 2015, Cisco Systems, Inc. petitioned the U.S. Patent Office for an inter partes review ("IPR") of Spherix patents 7,397,763 and 8,607,323. Spherix has three months to respond to the petitions. The remaining nine patents Spherix has asserted against Cisco were not part of the petitions filed last week and the time for Cisco to petition the USPTO for an IPR on those remaining patents expires on April 6, 2015.
Anthony Hayes, Chief Executive Officer of Spherix, stated, "It has been a busy time for Spherix and we remain committed to keeping our shareholders updated on our active litigations. We are pleased that the Court granted our motion to dismiss against Cisco in Bockstar and thank our counsel for doing a great job. We further respect the Court's decisions regarding 'willful' infringement and look forward to seeing those cases now move forward and revisiting the issue of 'willfulness' later in those cases. In addition, we wish to advise our shareholders that Spherix continues to explore all monetization avenues to drive shareholder value. Spherix has been approached by third parties to purchase portions of our current patent portfolio. Whether we are able to effectuate a beneficial transaction remains uncertain, but we are focused on optimizing our assets for the benefit of our shareholders."
Wer soll dass denn sein der patente zu einem zeitpunkt haben möchte wenn noch nicht ein rechtstreit gewonnen wurde, Bzw. dass portfolio bisher keine rentabilität zeigt? Kann ich mir echt nicht vorstellen. Wohl nur die obligatorische beruhigungspille für den geschundenen aktionär.