LEGAL PROCEEDINGS
−Removed: The Earthlink lawsuit as previously reported in the Company's Form 10K for the
−Removed: year ended March 31, 2003 has been settled.
−Removed: On May 19, 2003, the parties reached
−Removed: a settlement and signed a settlement and mutual general release agreement, in
−Removed: which Earthlink agreed to pay to
−Removed: WizShop a total sum of $210,000.
−Removed: We are also a party to other legal proceedings in the normal course of business.
−Removed: Based on evaluation of these matters and discussions with counsel, we believe
−Removed: that any potential liabilities arising from these matters will not have a
−Removed: material adverse effect on our consolidated results of operations or financial
+Added: The Company is not a party to any legal proceedings.
CHANGES IN SECURITIES AND USE OF PROCEEDS
1 unchanged sentence
Act of 1933, as amended, as follows:
−Removed: During the Quarter ended June 30, 2003, the Company did not issue any shares of
−Removed: its common stock to suppliers of services to the Company.
−Removed: However, the Company
−Removed: did issue 187,500 shares of common stock to Kathleen Wold on May 21, 2003
−Removed: pursuant to an Amendment to the Agreement of Merger between Semotus, Acquisition
−Removed: Wireless, Inc., Cross Communications and Kathleen Wold in which the share price
−Removed: guarantee provision of the Merger Agreement was accelerated, and each party was
−Removed: released of any and all other remaining obligations.
−Removed: On May 1, 2003, Brown Simpson exercised 846,154 warrants by remitting $8,461.54
−Removed: to Semotus, and Brown Simpson was issued 846,154 shares of common stock.
+Added: During the Quarter ended September 30, 2003, the Company issued 89,282 shares of
+Added: common stock to two third-party vendors in order to settle certain outstanding
With respect to these transactions, the Company relied on Section 4(2) of the
7 unchanged sentences
SUBMISSION OF MATTERS TO A VOTE OF SECURITY HOLDERS.
+Added: We held our Annual Meeting of Stockholders on September 25, 2003, for the
+Added: purpose of (1) electing four directors, and (2) ratifying the appointment of
+Added: Burr, Pilger & Mayer LLP as the Company's independent accountants for the fiscal
+Added: year ending March 31, 2004.
+Added: The following summarizes the voting results:
+Added: Stockholders elected Anthony N.
+Added: LaPine, Robert Lanz, Mark Williams and
+Added: Laurence Murray each until the next Annual Meeting of Stockholders or until
+Added: their successors have been duly elected and qualified.
+Added: The vote for each
+Added: director was as follows:
+Added: ------------------------------------ ---------------------- ------------------------ ------------------------
+Added: DIRECTORS VOTES FOR % OF SHARES VOTED VOTES WITHHELD
+Added: ------------------------------------ ---------------------- ------------------------ ------------------------
+Added: LaPine 16,818,857 99.3% 117,129
+Added: ------------------------------------ ---------------------- ------------------------ ------------------------
+Added: Robert Lanz 16,801,907 99.2% 134,079
+Added: ------------------------------------ ---------------------- ------------------------ ------------------------
+Added: Mark Williams 16,801,867 99.2% 134,119
+Added: ------------------------------------ ---------------------- ------------------------ ------------------------
+Added: Laurence Murray 16,791,472 99.1% 144,514
+Added: ------------------------------------ ---------------------- ------------------------ ------------------------
+Added: The appointment of Burr, Pilger & Mayer LLP as the Company's
+Added: independent accountants for the fiscal year ending March 31, 2004 was approved.
+Added: ------------------------ ---------------------------------------- ------------------ ------------------------
+Added: VOTES FOR % OF SHARES VOTED VOTES AGAINST VOTES ABSTAINED
+Added: ------------------------ ---------------------------------------- ------------------ ------------------------
+Added: 16,854,040 99.5% 29,529 52,417
+Added: ------------------------ ---------------------------------------- ------------------ ------------------------
Compared sentence by sentence after normalising whitespace, quotation marks, case and digits, so re-formatting and restated figures do not read as changed language. Wording changes appear as one removal and one addition. The current filing and the prior one are authoritative.