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Bullboard - Stock Discussion Forum Oncolytics Biotech Inc T.ONC

Alternate Symbol(s):  ONCY

Oncolytics Biotech Inc. is a clinical-stage biotechnology company. The Company is focused on developing pelareorep, an intravenously delivered immunotherapeutic agent that activates the innate and adaptive immune systems and weakens tumor defense mechanisms. This compound induces anti-cancer immune responses and promotes an inflamed tumor phenotype turning cold tumors hot through innate and... see more

TSX:ONC - Post Discussion

Oncolytics Biotech Inc > It Was Just A Typo
View:
Post by itntdf on Jun 27, 2024 2:47pm

It Was Just A Typo

after twice emailing the "contact us" page at oncolytics, emailing oncy's general counsel, McCarthy Tetrault, and emailing and/or calling both of the investor relations contacts (Jon Patton and Tim McCarthy) I just got off the phone with Tim McCarthy and he said the naming of Bradley G. Thompson as the attorney in fact in the June 3 Registration Statement (the S-8) was a typo.

I said you mean 9 officers and directors signed a document naming Brad as their attorney in fact and not a one of them noticed?  McCarthy said again, it was just a typo.

I ask him if a corrected S-8 would be filed and he said there was no need.

Seems like there is definitely a need since Brad is named an attorney in fact on a legal document filed with the SEC.

The last S-8 I found for oncolytics was filed in September 2015 and it did name both Brad and Kirk as attorneys in fact for that last transaction.

What a completely sloppy filing and equally as sloppy that a correction will not be filed.

B friggin zarre.
Comment by Noteable on Jun 27, 2024 3:28pm
Unlikely a typo and an odd response by Tim McCarthy, if it was he who responded. However, a retraction wouldn't be necessary if ONCY aintends to be acquired sometime very soon, since an acquisition of ONCY would supersede any SEC filing, making them nul and void.
Comment by Noteable on Jun 27, 2024 3:30pm
Should read: " ... if ONCY intends to be acquired sometime very soon ..."
Comment by itntdf on Jun 27, 2024 4:01pm
notice for text errors, the filer MAY file a correction. SEC staff generally does not correct errors in EDGAR filings, nor does staff typically intervene in the filing process. Filers should be prepared to correct the following matters through corrective disclosure--in other words, by filing a correction or amendment to the incorrect filing, or, if applicable, withdrawing a duplicate ...more  
Comment by Noteable on Jun 27, 2024 4:04pm
So then we ask ... what was the reason for filing a POA.
Comment by Noteable on Jun 27, 2024 4:11pm
Why didn't you simply contact the agent of service for clarificatrion? Dorsey & Whitney LLP 1400 Wewatta Street, Suite 400 Denver, CO 80202-5549 (Name and address of agent for service)   (303) 629-3450 (Telephone number, including area code, of agent for service) Copies to: Jason K. Brenkert, Esq. Dorsey & Whitney LLP 1400 Wewatta Street, Suite 400 Denver, CO ...more  
Comment by Noteable on Jun 27, 2024 4:21pm
This registration statement on Form S-8 by Oncolytics Biotech Inc. (the “Registrant”) is filed pursuant to General Instruction E to Form S-8 (i) to register 1,918,056 additional common shares (“Common Shares”) which have been reserved under the Oncolytics Biotech Inc. Stock Option Plan (the “Stock Option Plan”) to be issued upon exercise of outstanding options granted under the Stock Option Plan;  ...more  
Comment by Noteable on Jun 27, 2024 4:22pm
Again I ask ... if it was such a big concern to you "Why didn't you simply contact the agent of service for clarificatrion? "
Comment by itntdf on Jun 27, 2024 4:30pm
when one appoints someone else to be their poa, that is a big deal.  when the person is appointed "in error", that's an even bigger deal.  to not correct a legal document and remove a legal poa whom they say was appointed in error and that it was just a typo, is also a big deal, not to mention sloppy as hell.
Comment by itntdf on Jun 27, 2024 4:23pm
the only responsibility the agent has is to accept service.  they would then forward the correspondence to the company.  this is the stance the outside general counsel took.  a shovel pass the likes of which wayne gretzky would admire. seemed like going directly to the company via investor relations or the contact us page was the way to go.  when that didn't produce ...more  
Comment by Noteable on Jun 27, 2024 4:30pm
Not exactly -- the primary responsibility the agent is to act on behalf of their clients and to file accurate information. It appears that they hadn't done their due diligence in the filing of this registration statement.
Comment by Noteable on Jun 27, 2024 4:35pm
It appears the US agent simply filed using a boiler plate template containing out-dated information and overlooked correcting updating said template information.  I suggest intntdf that you take up your Don Quixote escapade with them.
Comment by itntdf on Jun 27, 2024 4:44pm
you seem to have a basic misunderstanding about a service agent and what a service agent's responsibilities are. they accept service of documents on behalf of a company.  they do NOT write the documents.  suggest you google what a service agent is before you fall off don's horse and hurt yourself.
Comment by Noteable on Jun 27, 2024 4:56pm
The registered agent is responsible for receiving all official documents related to the company they represent, notifying them about the receipt and passing the documents to designated persons within an organization. Registered agents also keep official records of the company at their registered address as required by law. By implication, along with above, the registered agent is responsible for ...more  
Comment by itntdf on Jun 27, 2024 4:17pm
exactly!  and again, 9 officer/directors of the company signed this document and didn't notice/read what they were signing?
Comment by Investor5876 on Jun 27, 2024 4:29pm
ChatGPT Amateur hour at ONC. Of course, there is no consequence arising from this error - Brad Thompson is not going to assert some newfound authority and suddenly become a wild card. Those familiar with ONC know the history. They've undoubtedly corrected the document internally. Now it is a matter of correcting the ...more  
Comment by canadafan on Jun 27, 2024 5:17pm
A few points: Regarding the alleged phone call. I significantly doubt that a communications person, would talk to a random phone caller & discuss corporate legal documents....my friend it just does not happen. Quite frankly, they do not have the legal or corporate authority to discuss any documents. Looking at the sequence of events.  That being the mysterious power of attorney ...more  
Comment by inthno on Jun 27, 2024 5:37pm
My god some people are so full of themselves and now more predictions. BTW the poa is a mistake and is not in need of a correction and the company considers the matter closed and is a non issue. And why are some still believing that MC exercised 350k options when it does not show on sedi or any other docs or in the quartelry reports under their holdings. Just can't admit their mistakes but ...more  
Comment by Buckhenry on Jun 27, 2024 5:41pm
Love the post from unnoteable... That said ... a retraction wouldn't be necessary if ONCY intends to be acquired sometime very soon.... that darn word "if" seems to always fluke us over. 
Comment by 13X2413 on Jun 27, 2024 6:54pm
Just another Mickey Mouse move by a company that should be listed on the Disney Exchange. Gooofy will be running the show soon, or maybe he already is. 
Comment by itntdf on Jun 27, 2024 8:55pm
you said:  Regarding the alleged phone call. I significantly doubt that a communications person, would talk to a random phone caller & discuss corporate legal documents....my friend it just does not happen. Quite frankly, they do not have the legal or corporate authority to discuss any documents. NEWS FLASH! this is what an investor relations person does: Investor relations (IR ...more  
Comment by itntdf on Jun 27, 2024 4:12pm
"if it was he who responded" tim mccarthy is on the corporate website as the IR contact with his phone number listed.  tim didn't "respond", i called him at the listed number, he answered the phone, and he said it was a typo. just got this response from jon patton: Jon Patton From:jpatton@oncolytics.ca To:Dave   ...more  
Comment by Noteable on Jun 27, 2024 4:37pm
That said ... a retraction wouldn't be necessary if ONCY intends to be acquired sometime very soon 
Comment by inthno on Jun 27, 2024 3:56pm
No one is going to believe u or that it is a typo. They didn't believe me earlier so why would they believe u. They don't like to admit that they were wrong. And now it will just be considered a non issue and has been corrected internally
Comment by Investor5876 on Jun 27, 2024 3:57pm
I'm not surprised to have confirmation about the P.O.A error. Brad Thompson left the stage a long time ago.  A silly mistake, but also another data point added to the list of evidence suggesting ONC is very poorly managed.  Yes, it is very strange that ONC has no plans to submit a correction to SEDI.  This is a legal document and Brad Thompson has been given power of ...more  
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