Ring any bells?19 Mar 2024 16:39
In a famous case in 2003, Thomas Newkirk, then the Associate Director of the SEC’s Division of Enforcement, stated the following in relation to toxicity of “death spiral” finance:
Certain convertible securities, particularly those referred to as ‘toxic’ or ‘death spiral’ convertibles, present the temptation for persons holding the convertible securities to engage in manipulative short selling of the issuer's stock in order to receive more shares at the time of conversion.
Manipulators of this type rarely get away with such a scheme without collusive, stupid or desperate company owners. Legitimate, institutional investors don’t typically come calling until the share price reaches at least the $4 level. Even then, one must be cautious and perform relevant due diligence on the terms of an convertible debenture. Even desperate company managers who knowingly allow such shorts to happen run the risk of later unwanted action by regulators. In all, it’s best not to even contemplate playing in the mud, otherwise you’re liable to get very dirty. In other words, work on building a great company, instead of using fanciful financial engineering to attempt to make a quick buck.