June 27, 2023
I am Against this proposal, because it makes the already chaotic voting process even worse I am supporting the rights of shareholders to make decisions rather than giving the opportunity to speculators to do so making sure speculators won't have a conflict of interest with shareholders speculating on the falling share price, and to get involved in some form of partisan action or shady deal, which I would classify as terrorism against the stakeholders of the company.
The Proposed Amendments would, among other things:
1. Revise the Rule 13d-1(a) filing deadline for the initial Schedule 13D to five
days after the date on which a person acquires more than 5% of a covered
class of equity securities
and amend Rules 13d-1(e), (f), and (g) to shorten
the filing deadline for the initial Schedule 13D required to be filed by certain
persons who forfeit their eligibility to report on Schedule 13G in lieu of
Schedule 13D to five days after the event that causes the ineligibility
2. Revise the filing deadline under Rule 13d-2(a) for amendments to Schedule
13D to one business day after the date on which a material change occurs
3. Amend Rules 13d-1(b) and (d) to shorten the deadline for the initial Schedule
13G filing for Qualified Institutional Investors and Exempt Investors to
within five business days after the last day of the month in which beneficial
ownership first exceeds 5% of a covered class and amend the deadline in Rule 13d-1(c), which permits Passive Investors to file an initial Schedule 13G
in lieu of Schedule 13D within 10 days after acquiring beneficial ownership of
more than 5% of a covered class, to five days after the date of such an
acquisition
4. Revise the filing deadline for amendments to Schedule 13G in Rule 13d-2(b)
to five business days after the end of the month in which a reportable change
occurs and amend Rule 13d-2(c) to shorten the filing deadline for Schedule
13G amendments filed pursuant to that provision to five days after the date on
which beneficial ownership first exceeds 10% of a covered class, and
thereafter upon any deviation by more than 5% of the covered class, with
these requirements applying if the thresholds were crossed at any time during
a month
5. Add new paragraph (e) to Rule 13d-3 to deem holders of certain cash-settled
derivative securities as beneficial owners of the reference covered class and
amend Item 6 to Schedule 13D to remove any implication that a person is not
required to disclose interests in all derivative securities that use a covered
class as a reference security
6. Amend Rule 13d-5 to align the text of that rule, as applicable to two or more
persons who act as a group, with the statutory language in Sections 13(d)(3)and (g)(3) of the Exchange Act and add a new provision in Rule 13d-5 that
would affirm that if a person, in advance of filing a Schedule 13D, discloses to
any other person that such filing will be made with the purpose of causing that
other person to acquire securities in the covered class for which the Schedule
13D will be filed and such other person acquires securities in the covered
class, then those persons are deemed to have formed a group within the
meaning of Section 13(d)(3)
7. Add new Rule 13d-6(c), which would set forth the circumstances under which
two or more persons may communicate and consult with one another and
engage with an issuer without concern that they will be subject to regulation
as a group with respect to the issuers equity securities
8. Require that Schedules 13D and 13G be filed using a structured, machine-readable data language.
(Attached File #1: peterjozsefpimper4573.pdf)