Wednesday, January 16, 2013
Is it me or since Versata v Selectica have we been seeing an unusual rgowth in the use of NOL pills? I mean, there are an awful lot of firms out there all of a sudden looking to protect net operating losses from the liklihood of an inadvertant "ownership change". Or maybe, it's a shift of what is now the new "market" from a 10-15% trigger down to a 4.99% trigger. Oh, Krispy Kreme adopted a NOL pill yesterday. It's not seeking to prevent a hostile takeover, just an inadvertant change of ownership.