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Wed, October 14, 2009
Tue, October 13, 2009

DepoMed (DEPO) Daily Short Sale Trading Volume Through 10-12-09


Published on 2009-10-13 08:14:11, Last Modified on 2010-12-22 14:55:03 - WOPRAI
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October 13, 2009 / M2 PRESSWIRE / BUYINS.NET, www.buyins.net, has reviewed the NYSE, NASDAQ, BX, CHX and NSX Daily Short Volume Report through Monday, October 12th, 2009 and come to the following statistical conclusions. The chart below shows aggregated daily short volume in DepoMed (NASDAQ: DEPO) for August through October 12th, 2009. To access SqueezeTrigger Prices ahead of potential short squeezes beginning, visit http://www.buyins.net.

Date Short Volume Total Volume Percent

10/12/2009 1,557,543 10,645,712 14.63%

10/9/2009 365,169 2,592,000 14.09%

10/8/2009 141,836 1,163,600 12.19%

10/7/2009 161,818 1,251,700 12.93%

10/6/2009 253,295 1,348,600 18.78%

10/5/2009 714,704 5,086,300 14.05%

10/2/2009 165,723 924,300 17.93%

10/1/2009 143,145 1,155,300 12.39%

9/30/2009 102,093 998,300 10.23%

9/29/2009 59,305 563,100 10.53%

9/28/2009 54,490 498,800 10.92%

9/25/2009 35,018 318,900 10.98%

9/24/2009 52,251 281,200 18.58%

9/23/2009 46,565 374,000 12.45%

9/22/2009 86,470 433,000 19.97%

9/21/2009 62,068 612,100 10.14%

9/18/2009 148,493 578,600 25.66%

9/17/2009 65,458 652,100 10.04%

9/16/2009 36,142 245,700 14.71%

9/15/2009 41,871 190,200 22.01%

9/14/2009 26,095 180,400 14.47%

9/11/2009 46,914 157,000 29.88%

9/10/2009 110,764 320,400 34.57%

9/9/2009 80,329 354,900 22.63%

9/8/2009 34,138 214,800 15.89%

9/4/2009 20,403 123,900 16.47%

9/3/2009 26,966 186,000 14.50%

9/2/2009 23,000 232,600 9.89%

9/1/2009 24,966 323,900 7.71%

8/31/2009 37,532 300,624 12.48%

8/28/2009 21,410 346,200 6.18%

8/27/2009 8,073 220,600 3.66%

8/26/2009 23,365 201,800 11.58%

8/25/2009 23,135 199,100 11.62%

8/24/2009 17,443 156,400 11.15%

8/21/2009 79,641 353,600 22.52%

8/20/2009 29,411 350,800 8.38%

8/19/2009 21,928 238,700 9.19%

8/18/2009 12,790 154,300 8.29%

8/17/2009 39,648 249,300 15.90%

8/14/2009 17,895 160,600 11.14%

8/13/2009 3,611 80,000 4.51%

8/12/2009 13,542 139,600 9.70%

8/11/2009 48,381 321,200 15.06%

8/10/2009 33,121 208,100 15.92%

8/7/2009 19,807 146,900 13.48%

8/6/2009 17,172 161,600 10.63%

8/5/2009 34,402 282,300 12.19%

8/4/2009 24,693 188,900 13.07%

8/3/2009 35,899 188,500 19.04%

Total 5,249,931 36,656,536 14.32%

In late October 2008 the SEC updated Regulation SHO requiring that all short sellers must locate, borrow and deliver any shares they have shorted, no exceptions, by T+3 settlement date. If not, a buy-in must be forced by the broker dealer that the short seller transacted through by the opening of the market on T+4. Since a company first appears on the naked short list when short sellers have been failing to deliver for 5 consecutive trading days, stocks should theoretically never be on the naked short list again. BUYINS.NET will monitor the exchangesa� naked short lists daily and issue an alert and notify the SEC and FINRA should short sellers fail to deliver on any short sales.

Reg SHO Rule 204 (i) requires brokers to deliver shares on long and short sales of publicly traded equity securities by settlement date, (ii) continues to require brokers to close-out fails to deliver by the beginning of trading on T+4 for short sales and T+6 for long sales, (iii) precludes clearing brokers and their introducing brokers from selling short a security, other than on a pre-borrowed basis, if a fail to deliver in that security is not timely closed out until the fail is closed out and that close-out transaction settles, (iv) allows clearing brokers to allocate fails to introducing brokers and (v) continues to permit brokers to rely upon pre-fail credit to satisfy Rule 204's close-out requirement to avoid the pre-borrow requirements when a fail at a clearing broker has not been closed out. However, the SEC liberalized certain of these provisions in several regards. For example, permanent Rule 204 now allows a broker to close-out a fail on a long sale by borrowing the security, whereas Rule 204T had only permitted closing out long fails by buying-in, which should alleviate some of the buy-in risk for investors that experience long fails. Similar relief was extended to close-outs for market maker fails, so that a fail from a bona fide market making transaction (including short and long fails) can now be closed out by the beginning of trading on T+6 by borrowing the security. Further, Rule 204 now permits a broker to borrow securities to obtain pre-fail credit for early close-outs, whereas temporary Rule 204T only permitted pre-fail credit to be obtained by purchases of securities.

The SEC refused requests to extend the close-out deadline for fails to deliver to the close of business on the close-out deadline, choosing instead to retain the requirement that all fails be closed out by the beginning of trading on the applicable close-out deadline. The Commission also rejected requests for a fail to deliver exception that would have provided an exception from the close-out requirements if a clearing broker's fail position was below a certain amount but said that it would continue to monitor whether a de minimis or odd lot exception could be warranted.

Depomed, Inc. (NASDAQ: DEPO), a specialty pharmaceutical company, develops and commercializes pharmaceutical products based on its proprietary oral drug delivery technologies in the United States. It markets GLUMETZA for the treatment of type 2 diabetes in the United States, Canada, and Korea; and Proquin XR for treatment of uncomplicated urinary tract infection in the United States. The companya�s under development products comprise DM-5689, a Phase III clinical trial product for the treatment of menopausal hot flashes; DM-1796, a Phase III clinical trial product for the treatment of postherpetic neuralgia, as well as is in Phase II clinical trail for diabetic peripheral neuropathy; DM-3458, a Phase I clinical trial product for the treatment of gastroesophageal reflux disease; and DM-1992, a Phase I clinical trial product that targets Parkinson's disease. It has collaboration and license agreements with PharmaNova, Inc.; Solvay Pharmaceuticals, Inc.; Supernus Pharmaceuticals, Inc.; Covidien Ltd.; Santarus, Inc.; Teva Pharmaceuticals USA, Inc.; Patheon, Inc.; Biovail Laboratories Incorporated; LG Life Sciences, Ltd.; Watson Pharmaceuticals, Inc.; and Rottapharm/Madaus S.r.l. The company sells its products to wholesalers and retail pharmacies. Depomed, Inc. was founded in 1995 and is based in Menlo Park, California.

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BUYINS.NET has built a massive database that collects, analyzes and publishes a proprietary SqueezeTrigger for each stock that has been shorted. The SqueezeTrigger database of nearly 2,650,000,000 short sale transactions goes back to January 1, 2005 and calculates the exact price at which the Total Short Interest is short in each stock. This data was never before available prior to January 1, 2005 because the Self Regulatory Organizations (primary exchanges) guarded it aggressively. After the SEC passed Regulation SHO, exchanges were forced to allow data processors like Buyins.net to access the data.

The SqueezeTrigger database collects individual short trade data on over 7,000 NYSE, AMEX and NASDAQ stocks and general short trade data on nearly 8,000 OTCBB and PINKSHEET stocks. Each month the database grows by approximately 50,000,000 short sale transactions and provides investors with the knowledge necessary to time when to buy and sell stocks with outstanding short positions. By tracking the size and price of each montha�s short transactions, BUYINS.NET provides institutions, traders, analysts, journalists and individual investors the exact price point where short sellers start losing money and a short squeeze can begin.

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