In the Matter of Xino Corp. (n/k/a Asher Xino Corp.), Xstream Mobile Solutions Corp., Yellowbubble.com, Inc. (n/k/a Reality Racing, Inc.), Yes! Entertainment Corp., and Yifan Communications, Inc.; Order of Suspension of Trading, 15787-15788 [E9-7984]

Download as PDF Federal Register / Vol. 74, No. 65 / Tuesday, April 7, 2009 / Notices evidence presented in the application rebuts the presumption that Leonora Montgomery controls Bridgeway Capital as a result of her ownership of more than 25 percent of Bridgeway Capital’s voting securities. 2. If Leonora Montgomery were determined to control Bridgeway Capital, the future transfer of her Bridgeway Capital Common Stock could be deemed to result in the ‘‘assignment,’’ as defined in section 2(a)(4) of the Act, of Bridgeway Capital’s investment advisory or subadvisory agreement with each RIC advised or subadvised by Bridgeway Capital at the time of the transfer (‘‘Fund’’), resulting in the automatic termination of each investment advisory or subadvisory agreement in accordance with section 15(a)(4) of the Act. If the investment advisory or subadvisory agreements were terminated, a new investment advisory or subadvisory agreement would have to be approved by each Fund’s board of directors and shareholders pursuant to section 15(a) of the Act, even though there would be no change to the terms of the investment advisory or subadvisory agreements, or to the investment policies, personnel, operations, or actual control of Bridgeway Capital as a result of the transfer of Bridgeway Capital Common Stock. Bridgeway Capital wants to eliminate the need for a special meeting of the shareholders of each Fund and to avoid the burden and expense of soliciting proxies merely for the purpose of approving an investment advisory or subadvisory agreement that would be identical to the existing investment advisory or subadvisory agreement, which already has been approved by each Fund’s board of directors and shareholders in accordance with section 15(a) of the Act. 3. Since Bridgeway Capital’s inception, John Montgomery has solely ‘‘controlled’’ Bridgeway Capital, as that term is defined in section 2(a)(9) of the Act, and has been involved in the active management of all aspects of the operations and affairs of Bridgeway Capital in his capacity as chairman, president, and majority shareholder. Additionally, the shareholder voting provisions of Bridgeway Capital’s articles of incorporation and by-laws support the fact that only John Montgomery controls Bridgeway Capital. For purposes of any meeting of shareholders, a quorum consists of the holders of 50% of the issued and outstanding Bridgeway Capital Common Stock entitled to vote, present in person or by proxy. Furthermore, assuming a quorum is present, any matter to be voted upon must be approved by a vote VerDate Nov<24>2008 17:13 Apr 06, 2009 Jkt 217001 of a majority of Bridgeway Capital Common Stock present in person or by proxy.1 Each shareholder is entitled to one vote for each share of Bridgeway Capital Common Stock owned by such shareholder. As a result of John Montgomery’s current 65.21% ownership of Bridgeway Capital Common Stock, a quorum cannot be reached without John Montgomery’s shares of Bridgeway Capital Common Stock. Moreover, John Montgomery has sufficient voting power to control the election of directors as well as any other matter to be voted upon at a shareholder meeting.2 4. Applicant represents that Leonora Montgomery has never exercised, and will not exercise, a controlling influence over the management or policies of Bridgeway Capital and that John Montgomery does and will exercise control over its management. Applicant thus submits that the facts prescribed in the application rebut the presumption of control created by section 2(a)(9) of the Act. For the Commission, by the Division of Investment Management, under delegated authority. Florence E. Harmon, Deputy Secretary. [FR Doc. E9–7776 Filed 4–6–09; 8:45 am] BILLING CODE 8010–01–P SECURITIES AND EXCHANGE COMMISSION Sunshine Act Meeting FEDERAL REGISTER CITATION OF PREVIOUS ANNOUNCEMENT: [74 FR 14829, April 1, 2009.] Closed Meeting. 100 F Street, NE., Washington, STATUS: PLACE: DC. DATE AND TIME OF PREVIOUSLY ANNOUNCED MEETING: Thursday, April 2, 2009 at 2 p.m. CHANGE IN THE MEETING: Time Change. 1 Bridgeway Capital’s Articles of Incorporation do include one provision requiring a three-fourths affirmative vote of creditors or shareholders, as the case may be, to agree to proposed compromises or arrangements (including a reorganization) between Bridgeway Capital and its creditors or shareholders, as the case may be, over which a court has jurisdiction. 2 Since April 1995, when Leonora Montgomery became a shareholder in Bridgeway Capital, Leonora Montgomery has voted on each matter that has required a shareholder vote (whether at a formal shareholder meeting or by written consent) in the same manner as John Montgomery. Additionally, even if Leonora Montgomery did attempt to exercise actual control, John Montgomery is the majority shareholder, and as such, Leonora Montgomery could only have a limited influence on the operations of Bridgeway Capital. PO 00000 Frm 00099 Fmt 4703 Sfmt 4703 15787 The Closed Meeting scheduled for Thursday, April 2, 2009 at 2 p.m. has been changed to Thursday, April 2, 2009 at 3 p.m. At times, changes in Commission priorities require alterations in the scheduling of meeting items. For further information and to ascertain what, if any, matters have been added, deleted or postponed, please contact the Office of the Secretary at (202) 551–5400. Dated: April 2, 2009. Elizabeth M. Murphy, Secretary. [FR Doc. E9–7848 Filed 4–6–09; 8:45 am] BILLING CODE 8010–01–P SECURITIES AND EXCHANGE COMMISSION [File No. 500–1] In the Matter of Xino Corp. (n/k/a Asher Xino Corp.), Xstream Mobile Solutions Corp., Yellowbubble.com, Inc. (n/k/a Reality Racing, Inc.), Yes! Entertainment Corp., and Yifan Communications, Inc.; Order of Suspension of Trading April 3, 2009. It appears to the Securities and Exchange Commission that there is a lack of current and accurate information concerning the securities of Xino Corp. (n/k/a Asher Xino Corp.) because it has not filed any periodic reports since it filed a Form 10–QSB for the period ended September 30, 2002. It appears to the Securities and Exchange Commission that there is a lack of current and accurate information concerning the securities of Xstream Mobile Solutions Corp. because it has not filed any periodic reports since it filed a Form 10–KSB for the period ended September 30, 2006. It appears to the Securities and Exchange Commission that there is a lack of current and accurate information concerning the securities of Yellowbubble.com, Inc. (n/k/a Reality Racing, Inc.) because it has not filed any periodic reports since it filed a Form 10–QSB for the period ended March 31, 2001. It appears to the Securities and Exchange Commission that there is a lack of current and accurate information concerning the securities of Yes! Entertainment Corp. because it has not filed any periodic reports since it filed a Form 10–Q for the period ended September 30, 1998. It appears to the Securities and Exchange Commission that there is a lack of current and accurate information concerning the securities of Yifan E:\FR\FM\07APN1.SGM 07APN1 15788 Federal Register / Vol. 74, No. 65 / Tuesday, April 7, 2009 / Notices Communications, Inc. because it has not filed any periodic reports since it filed a Form 10–QSB for the period ended March 31, 2006. The Commission is of the opinion that the public interest and the protection of investors require a suspension of trading in the securities of the above-listed companies. Therefore, it is ordered, pursuant to Section 12(k) of the Securities Exchange Act of 1934, that trading in the securities of the above-listed companies is suspended for the period from 9:30 a.m. EDT on April 3, 2009, through 11:59 p.m. EDT on April 17, 2009. By the Commission. J. Lynn Taylor, Assistant Secretary. [FR Doc. E9–7984 Filed 4–3–09; 4:15 pm] BILLING CODE SECURITIES AND EXCHANGE COMMISSION April 1, 2009. Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934 (the ‘‘Act’’),1 and Rule 19b–4 thereunder,2 notice is hereby given that on March 25, 2009, the International Securities Exchange, LLC (the ‘‘Exchange’’ or the ‘‘ISE’’) filed with the Securities and Exchange Commission (‘‘Commission’’) the proposed rule change as described in Items I, II, and III below, which items have been prepared by the Exchange. The Exchange has filed the proposal pursuant to Section 19(b)(3)(A) of the Act 3 and Rule 19b–4(f)(6) thereunder,4 which renders the proposal effective upon filing with the Commission. The Commission is publishing this notice to solicit comments on the proposed rule change from interested persons. I. Self-Regulatory Organization’s Statement of the Terms of Substance of the Proposed Rule Change The Exchange proposes to amend Rule 701 (Trading Rotations) to replace references to the ‘‘primary market’’ with respect to an underlying security with references to ‘‘market for the underlying U.S.C. 78s(b)(1). CFR 240.19b–4. 3 15 U.S.C. 78s(b)(3)(A). 4 17 CFR 240.19b–4(f)(6). VerDate Nov<24>2008 17:13 Apr 06, 2009 Jkt 217001 In its filing with the Commission, the Exchange included statements concerning the purpose of, and basis for, the proposed rule change and discussed any comments it received on the proposed rule change. The text of these statements may be examined at the places specified in Item IV below. The self-regulatory organization has prepared summaries, set forth in Sections A, B and C below, of the most significant aspects of such statements. 1. Purpose Self-Regulatory Organizations; International Securities Exchange, LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule Change Relating to the Definition of ‘‘Primary Market’’ 2 17 II. Self-Regulatory Organization’s Statement of the Purpose of, and Statutory Basis for, the Proposed Rule Change A. Self-Regulatory Organization’s Statement of the Purpose of, and Statutory Basis for, the Proposed Rule Change [Release No. 34–59680; File No. SR–ISE– 2009–13] 1 15 security.’’ The text of the proposed rule change is available on the Exchange’s Web site https://www.ise.com, at the principal office of the Exchange, and at the Commission’s Public Reference Room. The purpose of the proposed rule change is to amend the current definition of ‘‘primary market’’ in ISE Rule 701 to allow the Primary Market Makers (‘‘PMMs’’) more flexibility in opening trading in a particular class of options. Currently, Exchange Rule 701(b)(2) requires that the PMM open each class of options promptly following the opening of the underlying security in the primary market where it is traded. An underlying security is deemed to be open on the primary market where it is traded if such market has (i) reported a transaction in the underlying security, or (ii) disseminated opening quotations for the underlying security and not given an indication of the delayed opening, whichever occurs first. The Exchange believes that the current definition of ‘‘primary market’’ and when a security on such primary market has been ‘‘opened for trading’’ is insufficient to capture the various marketplaces that might be determined to be the ‘‘primary market’’ for such underlying securities. Because underlying securities trade on multiple exchange platforms and various Electronic Communication Networks (‘‘ECNs’’) and other venues, the term ‘‘primary market’’ has become increasingly difficult to define in determining the principal market in which the underlying security is traded. Accordingly, the Exchange proposes to amend Rule 701 to eliminate the requirement that PMMs wait to open PO 00000 Frm 00100 Fmt 4703 Sfmt 4703 each class of options until the ‘‘primary market’’ has opened the underlying security, and redefine ‘‘primary market’’ by adopting a definition of ‘‘market for the underlying security’’. Under this proposal, the term ‘‘market for the underlying security’’ would mean either the primary listing market, the primary volume market (defined as the market with the most liquidity in that underlying security for the previous two calendar months), or the first market to open the underlying security as determined by the Exchange on an issue-by-issue basis and communicated to the members on the Exchange’s Web site. The Exchange believes that the elimination of the term ‘‘primary market’’ from rule, together with the proposed definition of ‘‘market for the underlying security,’’ will allow PMMs to open classes of options expeditiously and in tandem with the other markets, thus allowing for a more orderly opening rotation. 2. Statutory Basis The basis under the Act for this proposed rule change is the requirement under Section 6(b)(5) that an exchange have rules that are designed to promote just and equitable principles of trade, and to remove impediments to and perfect the mechanism for a free and open market and a national market system, and in general, to protect investors and the public interest. The Exchange believes that the proposed rule change will provide PMMs greater flexibility in opening trading in options, which should result in options opening across all markets in a fair and orderly manner. B. Self-Regulatory Organization’s Statement on Burden on Competition The proposed rule change does not impose any burden on competition that is not necessary or appropriate in furtherance of the purposes of the Act. C. Self-Regulatory Organization’s Statement on Comments on the Proposed Rule Change Received From Members, Participants or Others The Exchange has not solicited, and does not intend to solicit, comments on this proposed rule change. The Exchange has not received any unsolicited written comments from members or other interested parties. III. Date of Effectiveness of the Proposed Rule Change and Timing for Commission Action The Exchange has designated the proposed rule change as one that: (i) Does not significantly affect the E:\FR\FM\07APN1.SGM 07APN1

Agencies

[Federal Register Volume 74, Number 65 (Tuesday, April 7, 2009)]
[Notices]
[Pages 15787-15788]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-7984]


-----------------------------------------------------------------------

SECURITIES AND EXCHANGE COMMISSION

[File No. 500-1]


In the Matter of Xino Corp. (n/k/a Asher Xino Corp.), Xstream 
Mobile Solutions Corp., Yellowbubble.com, Inc. (n/k/a Reality Racing, 
Inc.), Yes! Entertainment Corp., and Yifan Communications, Inc.; Order 
of Suspension of Trading

April 3, 2009.
    It appears to the Securities and Exchange Commission that there is 
a lack of current and accurate information concerning the securities of 
Xino Corp. (n/k/a Asher Xino Corp.) because it has not filed any 
periodic reports since it filed a Form 10-QSB for the period ended 
September 30, 2002.
    It appears to the Securities and Exchange Commission that there is 
a lack of current and accurate information concerning the securities of 
Xstream Mobile Solutions Corp. because it has not filed any periodic 
reports since it filed a Form 10-KSB for the period ended September 30, 
2006.
    It appears to the Securities and Exchange Commission that there is 
a lack of current and accurate information concerning the securities of 
Yellowbubble.com, Inc. (n/k/a Reality Racing, Inc.) because it has not 
filed any periodic reports since it filed a Form 10-QSB for the period 
ended March 31, 2001.
    It appears to the Securities and Exchange Commission that there is 
a lack of current and accurate information concerning the securities of 
Yes! Entertainment Corp. because it has not filed any periodic reports 
since it filed a Form 10-Q for the period ended September 30, 1998.
    It appears to the Securities and Exchange Commission that there is 
a lack of current and accurate information concerning the securities of 
Yifan

[[Page 15788]]

Communications, Inc. because it has not filed any periodic reports 
since it filed a Form 10-QSB for the period ended March 31, 2006.
    The Commission is of the opinion that the public interest and the 
protection of investors require a suspension of trading in the 
securities of the above-listed companies.
    Therefore, it is ordered, pursuant to Section 12(k) of the 
Securities Exchange Act of 1934, that trading in the securities of the 
above-listed companies is suspended for the period from 9:30 a.m. EDT 
on April 3, 2009, through 11:59 p.m. EDT on April 17, 2009.

    By the Commission.
J. Lynn Taylor,
Assistant Secretary.
[FR Doc. E9-7984 Filed 4-3-09; 4:15 pm]
BILLING CODE
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