Clarissa W. Lappo - Page 23

                                       - 23 -                                         
          stock.  He determined that these 39 transactions occurred at                
          prices reflecting discounts of 5.2 percent to 57.6 percent from             
          the public-market price, with the median discount being 29.3                
          percent.                                                                    
               Thirteen of the 39 companies in Mr. Oliver’s guideline group           
          appear to be high-technology companies and also to have some of             
          the highest discounts, ostensibly reflecting greater risk.22  We            
          are unpersuaded that these 13 companies are comparable to the               
          partnership.  If these 13 companies are removed from Mr. Oliver’s           
          guideline group, the median discount of the remaining 26                    
          companies is 19.45 percent.                                                 
                    b.  Respondent’s Expert                                           
               Dr. Shapiro again relied primarily on the Bajaj study, which           
          analyzed discounts observed in private placements of registered             
          shares as well as private placements of unregistered (restricted)           
          shares.  The Bajaj study concluded that the portion of private              
          placement discounts attributable solely to impaired marketability           
          was 7.2 percent.                                                            


               22 These 13 companies and their indicated discounts are:               
          Electro Nucleonics (24.8 percent); Bioplasty, Inc. (31.1                    
          percent); Sym-Tek Systems, Inc. (31.6 percent); Anaren Microwave,           
          Inc. (34.2 percent); North Hills Electronics, Inc. (36.6                    
          percent); Newport Pharmaceuticals, Intl., Inc. (37.8 percent);              
          Quadrex Corp. (39.4 percent); Del Electronics (41 percent); Ion             
          Laser Technology, Inc. (41.1 percent); Chantal Pharmaceutical               
          Corp. (44.8 percent); Western Digital Corp. (47.3 percent);                 
          Photographic Sciences Corp. (49.5 percent); and AW Computer                 
          Systems, Inc. (57.3 percent).                                               




Page:  Previous  8  9  10  11  12  13  14  15  16  17  18  19  20  21  22  23  24  25  26  27  Next

Last modified: May 25, 2011