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  1. homer985 is offline
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    11-08-2008, 08:31 PM #11
    Otone, this is from the last Sirius 10-K report filed on 2/29/08:

    "On February 27, 2008, there were approximately 850,000 beneficial holders of our common stock."
    http://www.sec.gov/Archives/edgar/da...50289e10vk.htm

    From XM's last 10-K filed on 2/28/08, it says this:

    "As of January 31, 2008, there were 3,668 holders of record of our Class A common stock."
    http://www.sec.gov/Archives/edgar/da...41106/d10k.htm


    Yes there is a huge disparity between the two, but note the different language. Sirius is using the overall beneficial holders -- while XM is using just the number of Street holders. Which means, if you have shares through Etrade and there were 10,000 accounts on Etrade that held XM shares -- then XM would count them as 1 holder, being Etrade.

    I asked about the difference at an XM stockholder meeting and was told that yes, there are just a couple thousand street-named holders of XM -- but there are (or were) about 70,000 copies of the proxy printed up, as ordered by the various brokerages. That was in 2005 when the number of street named holders was around 1,700. Now that there are 3,668 holders of record, it is probably closer to 150,000 beneficial holders of XM, or were just prior to the merger.

    When you combine the XM holders with the Sirius holders, you can see how there are close to (if not more than) 1 million beneficial holders of Sirius.

    I know it's hard to believe -- but back in 2004/5, Sirius made a big deal out of the fact that Sirius was so widely held, while XM had just a fraction of the number of holders. They made a huge deal out of it in fact -- Joe Clayton was elated over it.



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    Last edited by homer985; 11-08-2008 at 08:34 PM.

  2. jmm232 is offline
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    11-08-2008, 08:42 PM #12
    I misspoke. Thank you for getting the actual numbers Homer. IMO, these numbers may have shrunk a bit, but should be in the hundreds of thousands of shareholders

  3. homer985 is offline
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    11-08-2008, 08:59 PM #13
    It may have shrunk some, but I really believe that it's still above 800,000... which would include the XM holders being added in. I don't see it being less.

    We'll know for sure in about 3.5 months when Sirius files its latest 10-K.

  4. otone is offline
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    11-08-2008, 09:29 PM #14
    Thanks Homer for using real numbers to back up what you said. I'll bet it is a lot less now though. Based on the numbers I've been keeping track of recently, I show there are now around 376 instituional type investors holding 1,225,313,705 shares (~38%ownership). That's an increase of 2 institutions and 114,306,126 total shares just in the past 3 days.

    I haven't just used the mffais site to get my numbers. I collected all of the information from the nasdaq site which is current to 9/30 and consolidated that with what is on the mffais site.

    With 3,176,663,555 shares available, that leaves 1,951,349,850 available to retail. This is where I am still unclear, but all shares are not out right? If so, that leaves some portion that is really owned by us retail investors. Let's say it "averages out to 5k person" and that 1500000000 is owned by retail, that works out to about 300000 retail investors. You can play around with the numbers to increase or decrease the number of retail investors.

    Looks to me though that maybe some of the institutions are collecting shares from somewhere, and it appears to be the retail guys.

    Bought more at .26 on Friday. Have one more bullet incase something stupid happens and the price falls further.

  5. winagain35 is offline
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    11-08-2008, 10:11 PM #15
    Quote Originally Posted by otone View Post
    Homer,
    Agree with everything else you say though and my name won't be attached to the suit either.

    Glad you're not signing up with the Hartlieb lemmings. I won't be either!

  6. vaporgold is offline
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    11-08-2008, 11:56 PM #16
    Quote Originally Posted by jmm232 View Post
    It is a good letter and I agree with its premise, however, the group really needs to drop the interoperability talk. All of the other talking points are valid and could be proven, but the interoperability talk is off the point. Interoperability is an albatross hanging around Mr Harleib's neck. He needs to let the fights of the past go and proceed with the current case.

    Interopeability detracts from the real purpose of this.
    I agree 100%, hartleib is still fighting his old war that is already lost and over. People signing up should be aware that is the direction he is taking them, and of course to harass his old attorneys.

    Hartleib is posting that the letters he sends them and asks questions are being ignored. It is stated in the reply letters he posts, that his questions should be directed to the attoneys representing the people he is asking questions of. unreal

    If Mel tries to take SiriusXM private, you will see a real class action suit , an injunction filed to stop any sale public or private based on real merit and the lack of performance of SiriusXM mangement.
    Soley based on the loss of stockholder value alone, 91% in the last year, let alone trying to steal it away from stockholders and take it private you have a case.

    What judge in the country today in light of the love we all share for CEO's destroying companies and runing lives would turn down a case where a CEO and mangement lost 91% of it's shareholder value in one year, or an attempt to take a company private at expense of stockholders? ...NONE, if they want to continue being a seated judge.

    I hope SiriusXM gets the financing they so desparateley require, and the stock turns around without any more foolish requests from mangement for Reverse splits, Issueing of more shares, etc They need to cut costs, renegoiate content contracts for reductions, and start managing the company, and please no more stupid stupid UGLY loans.

    imho
    vaporgold

  7. Newman is offline
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    11-09-2008, 06:29 AM #17
    vapor, you said it, and Homer has said it before also.

    If anything ACTUALLY happens, then you KNOW there will be hundreds of suits brought before the BOD. Nobody needs to join this Harlieb suit. There will be plenty of time to join this or another suit later if needed.

    My personal opinion is let Hartlieb do all of this work. Let him have his "fun". If something happens, we join later. (Class Action means EVERYONE that is a member of the class has the opportunity to join, because the courts will mandate that SiriusXM notify all shareholders on record during the time periods involved). If Hartlieb is wrong, the company turns around... maybe we can join a class action against HIM.

    But there is absolutely no need to get involved at this point, even if you do believe.

  8. APEXSPORTS is offline
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    11-09-2008, 12:15 PM #18
    LIKE I HAVE BEEN SAYING.. WE JUST MERGED AND THIS WILL BE THE FIRST QRT THAT WE HAVE SYNERGIES AND COMBINED REV ETC.. ROME WAS NOT BUILT IN A DAY.. IT SUCKS THAT THE FCC TOOK 400+ DAYS TO APPROVE A MERGER AND IT COST SIRIUS TO DO IT BUT WE ARE HERE NOW AND IT TAKES TIME TO GET ALL THE DUCKS IN A ROW...

    SO DONT WORRY MON EVERYTING GONNA BE ALLRIGHT

  9. jmm232 is offline
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    11-09-2008, 01:10 PM #19
    You hit the nail on the head Newman.

    There is really no reason to join this lawsuit early (if one actually forms). You actually put yourself in harm's way by doing so. At this point, it is all about Hartleib.

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