GREY:GYPHQ - Post by User
Comment by
Kiwi3on Sep 12, 2012 5:07pm
124 Views
Post# 20354124
RE: RE: RE: RE: Gryphon
RE: RE: RE: RE: Gryphon I think the key here is "able to communicate" and probably just do not want to. Ensuring market awareness of your company when you are a public company in a serious responsibility of the CEO. That includes the material good and bad. If you do not communicate the market assumes the worst, the shares tank, shareholders get upset and you cannot raise equity due to mistrust.
If there is a material problem then the "material adverse change" clause which is in most loan agreements could kick in. The fact that this could kick in is a material event that has to be disclosed. If the lender waives it it is also a disclosable event.
The only acceptable reason for this type of action is if you are in transaction negotiations that will not be impacted by a tanking share price. If they are impacted by a tanking share price you have a legal mess.