FoolNHisMoney

An End to Sirius Stock Manipulation May Be in Sight

Relmor and the other SA regulars are on the forums at SiriusBuzz.


On Mar 19 10:14 AM rtatp31 wrote:

> What ever happened to our friend Relmar?

NiceMac Too Early with iPhone App for Sirius XM Radio

So basically the FCC is not yet done f-ing people over by needlessly delaying the merger. Could there be a more useless governing body?! The SEC is giving it a run for the money. Combined, these two organizations epitomize the self-serving special interest corruption that is wrong with government today. Reform will not work as the corruption is too entrenched to let it work. They should both be disbanded and replaced with new agencies set up to be able to do their job correctly from the start. We can't fix everything wrong with government overnight, but fixing these two organizations should be a good start!

uSirius iPhone Application Is Denied

This is not going end well for NiceMac, I think. Which is too bad because they seemed like decent guys.

. . . and WTH just happened here?!


On Mar 02 02:46 PM ZealonsUnited wrote:

> Important message from Seeking Alpha editors: This comment has been
> deleted because it was not a response to the article, but was general
> chat about SIRI's stock with a group of other users.
>
> We care about this because a large number of comments below an article
> slows down the page load time, and it frustrates our other readers
> because the comments have no relationship to the article.
>
> We've built a forum/message board specifically for this purpose --
> it allows instantaneous posting of comments and immediate view of
> other messages: seekingalpha.com/mb/to...

Sirius XM: Looking Ahead to Fourth Quarter Results

I agree that the huge EOD has some significance. I understand the theory that a lot may be from daytraders closing positions for the weekend . . . but what is different today versus any other week? We don't see +23% on NO news ever week!

Sirius XM: Looking Ahead to Fourth Quarter Results

cos, thanks for verifying. I was beginning to worry I may have egg on my face!


On Feb 27 04:16 PM cos1000 wrote:
>
> FoolNHisMoney,
> I did check their last quarter filing cover sheet and they indeed
> are filing as Large Accelerated Filers (60 days) and not Accelerated
> Filers (75 days) as I had thought. I don't think their is anyway
> for them to change their status once that quarter was filed after
> the merger..... we'll see soon enough....

Sirius XM: Looking Ahead to Fourth Quarter Results

cos, thanks for verifying. I was beginning to worry I may have egg on my face!


On Feb 27 04:16 PM cos1000 wrote:
>
> FoolNHisMoney,
> I did check their last quarter filing cover sheet and they indeed
> are filing as Large Accelerated Filers (60 days) and not Accelerated
> Filers (75 days) as I had thought. I don't think their is anyway
> for them to change their status once that quarter was filed after
> the merger..... we'll see soon enough....

Sirius XM: Looking Ahead to Fourth Quarter Results

.16!

Sirius XM: Looking Ahead to Fourth Quarter Results

Sl162, it was my insistance that 60 days is the rule, which Cos later agreed to. But if it's wrong the fault is mine. I still read it as 60 days though, and that they have until COB Monday so we may not necessarily hear anything until then or Tuesday even i they choose fo file for extension.

Sirius XM: Looking Ahead to Fourth Quarter Results

Cos1000, my take is that they have until COB Monday (next business day after the Sunday deadline). EDGARS allows filings unti 10 PM EST, but anything after 5:30 is posted as filing the next day.

Wow, just saw a spike to .146. looks like we're getting a run up to close!

Sirius XM: Looking Ahead to Fourth Quarter Results

SLH, they have until Monday to file . . . and then have 24 hours to file an extension after that! So we may not hear anything at all until Tuesday now.

Sirius XM: Looking Ahead to Fourth Quarter Results

Yeah, I've been off the Fool for a long time. In fact, my name FoolNHisMoney is from the Motley Fool from years and years ago when I was foolish enough to be a Fool . . . but then I realized I was being a fool without the capital "F"!

Sirius XM: Media's Fear-Mongering Has Gone on Long Enough

Cos1000, good point about whether they will look at the merged company or each company individually. I would think that it would look at a pro forma total, although it may be a moot point because I think at that time each company individually would’ve cleared the $700mn dollar hurdle.

163888, nah don’t worry, like I said, I wasn’t upset about it – start getting upset by things you read on the interweb is a sure way to drive yourself nuts! Just wanted to clear the air. And your point about the timing of an announcement for debt restructuring and the CC is valid, but nothing about this stock makes sense so who knows what will happen. It wouldn’t surprise me to see them file for an extension on the 10K to kick that can further down the road as well and we hear nothing!

Sirius XM: Media's Fear-Mongering Has Gone on Long Enough

Again, my interpretation is that the "EOY only" requirement for determination is so that a company has a consistent set of filing rules for any given fiscal year.

Sirius XM: Media's Fear-Mongering Has Gone on Long Enough

Cos, well hell, we might as well debate this as we don't have Q4 numbers to debate.

The first link I put above WAS from Revision 33-8644 (the latest TMK). It clearly states the last day of Q2 and does not qualify it as being for a transition period. There were specific roll-in phases to handle the transition so there is not need for a one-time “last day of Q2 rule.” The EOY statement is confusing because it leads you to believe that it means meeting market cap as of EOY. That is NOT what it means – what it means is that the DETERMINATION of Accelerated Filer status need only be made at EOY (not whether or not you are an Accelerated Filer). The determination for Accelerated Filer status is in Section III of 33-8644 (the first bulleted point in the paragraph) – I’ll paste it here again:

www.sec.gov/rules/fina...
“Create a new category of accelerated filer, the “large accelerated filer,” that encompasses an issuer after it first has an aggregate worldwide market value of voting and non-voting common equity held by non-affiliates of the issuer of $700 million or more, as of the last business day of the issuer’s most recently completed second fiscal quarter”

Let me see if I can make it clearer with this example. It is for Accelerated Filer, but Large Accelerated filer should be the same. It is from Question 130.04 in an SEC quidance document intended to help interpret the Exchange Act rules.

sec.gov/divisions/corp...
Question 130.04: A longtime Exchange Act reporting company with a fiscal year ending December 31, 2008 is not an accelerated filer for filings due in fiscal year 2008 and is also eligible to use the requirements for smaller reporting companies for its annual and quarterly reports for fiscal year 2008. As of the last business day of its second fiscal quarter ended June 30, 2008, the company determined that its public float exceeded $75 million, which means that it must start using the larger reporting company requirements in fiscal year 2009, starting with its first quarter Form 10-Q. As permitted by Item 10(f)(2)(i) of Regulation S-K, the company’s last periodic report using the smaller reporting company requirements will be its Form 10-K for fiscal year 2008. Does this mean that the smaller reporting company remains a non-accelerated filer as of the end of the fiscal year with respect to that Form 10-K and future reports because one condition to meet in order to be an accelerated filer or a large accelerated filer is that the issuer “is not eligible to use the requirements for smaller reporting companies in Part 229 of this chapter for its annual and quarterly reports”? See Exchange Act Rules 12b-2(1)(iv) and 12b-2(2)(iv).

Answer: No. When the Commission adopted the smaller reporting company requirements in 2007, it did not also change the manner in which a company transitions to accelerated filer status. A company’s accelerated filer status is determined as of the end of its fiscal year. As of that date, the company will meet the condition in the “accelerated filer” definition that its public float on the last business day of its second fiscal quarter exceed $75 million. In contrast, the determination date for smaller reporting company status is the last business day of the second fiscal quarter. On that date, a larger reporting company that determines it is a smaller reporting company is permitted to transition to the smaller reporting requirements for that quarter's Form 10-Q. “A smaller reporting company required to transition to the larger reporting system after its determination date calculation will not be required to satisfy the larger reporting company disclosure requirements until the first quarter after the determination date fiscal year.” Release No. 33-8876. The fact that the transition period for a company moving to the larger reporting system includes the end of the fiscal year does not mean that the company, as of the end of the fiscal year, is “eligible to use the requirements for smaller reporting companies” for purposes of Exchange Act Rules 12b-2(1)(iv) and 12b-2(2)(iv). [September 30, 2008]

Sirius XM: Media's Fear-Mongering Has Gone on Long Enough

OK, this is the last time I bring it up (and I really mean it this time!) . There is a distinction even among Large Accelerated Filers whether their fiscal year ends before or after Dec 15: 75 days before and 60 days after. Sirius fiscal year ends after.