(Translated by https://www.hiragana.jp/)
Overstock Reappears on the Regulation SHO Threshold List | Reuters
The Wayback Machine - https://web.archive.org/web/20090212131324/http://www.reuters.com:80/article/pressRelease/idUS189862+27-Dec-2007+PRN20071227

Overstock Reappears on the Regulation SHO Threshold List

Thu Dec 27, 2007 5:53pm EST
 
[-] Text [+]
SALT LAKE CITY, Dec. 27 /PRNewswire-FirstCall/ -- Overstock.com, Inc.
(Nasdaq: OSTK) announced that today, after a mere six trading day reprieve, it
has reappeared on Nasdaq's Regulation SHO threshold list. (Source:
http://www.nasdaqtrader.com/aspx/regsho.aspx).
    Regulation SHO requires the stock exchanges to publish daily a list of
companies whose stock has failures-to-deliver above a certain threshold. It
also requires mandatory close-outs for open fail-to-deliver positions in
threshold securities persisting for over 13 days, with the aim that no
security would appear on the threshold for any extended period. Overstock has
now appeared on the Regulation SHO threshold list for 710 trading days --
nearly the entire time the list existed.
    "After spending 669 consecutive trading days on the list, when we dropped
off the list last week, we cautiously hoped that it was an indication that
efforts to reform Regulation SHO were working," said Overstock senior vice
president, corporate affairs and legal Jonathan Johnson. "However, it is clear
that the SEC must do more to stop chronic failures-to-deliver. That is why we
are so adamant in urging the SEC to adopt the G.O.L.D. standard."
    The "G.O.L.D." standard is an acronym which stands for:  "G": eliminate
Regulation SHO's "G"randfather clause; "O": eliminate Regulation SHO's
"O"ptions market maker exception; "L":  require short-sellers to "L"ocate and
borrow shares before selling them; and "D":  require the exchanges to
"D"isclose fully and promptly the aggregate failure-to-deliver positions for
every threshold list company. While the SEC has eliminated the grandfather
clause, it has not adopted any of the remaining reforms -- despite calls from
the U.S. Chamber of Commerce, other business groups, members of Congress,
investors, academics, and other public companies.
    "We're back on the list," said Overstock chairman and chief executive
officer Patrick Byrne, "but I'm not surprised given the manipulation that has
occurred for nearly three years. Here we are on the eve of the third
anniversary of Regulation SHO (January 3) and hundreds of companies continue
to be manipulated -- right under the SEC's watchful eye."
    As of today, 401 companies are on the Regulation SHO threshold list: 166
for over 13 consecutive trading days, 35 for over 100 consecutive trading
days, and one, Medis Technologies Ltd., for 602 consecutive trading days.
(Source: http://buyins.net/tools/short_list.php?ssd=20071227 ).
    About Overstock.com
    Overstock.com, Inc. is an online "closeout" retailer offering discount,
brand-name merchandise for sale over the Internet. The company offers its
customers an opportunity to shop for bargains conveniently, while offering its
suppliers an alternative inventory liquidation distribution channel.
Overstock.com, headquartered in Salt Lake City, is a publicly traded company
listed on the NASDAQ Global Market System and can be found online at
http://www.overstock.com.
    Overstock.com(R) is a registered trademark of Overstock.com, Inc. All
other trademarks are the property of their respective owners.
    This press release contains certain forward-looking statements within the
meaning of Section 27A of the Securities Act of 1933 and Section 21E of the
Securities Exchange Act of 1934. Such forward-looking statements include, but
are not limited to, statements regarding whether the SEC is actually watching
the manipulation of publicly traded companies. Our Form 10-K for the year
ended December 31, 2006, our subsequent quarterly reports on Form 10-Q, and
our other subsequent filings with the Securities and Exchange Commission
identify important factors that could cause our actual results to differ
materially from those contained in our projections, estimates or
forward-looking statements.
SOURCE  Overstock.com, Inc.

Media, Kirstie Burden, +1-801-947-3172, kburden@overstock.com, or Investors,
Kevin Moon, +1-801-947-3282, kmoon@overstock.com, both of Overstock.com, Inc.

 

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