Ann: Response to Shareholder Letter , page-29

Hi Superhard,

What you are referring to is a 249D, which requires 10% of the vote to call an EGM. Although we considered taking this action we felt that it would not be fair to force this action upon all S/H, and are happy to let the democratic approach run its course.

Should enough S/H vote NO to decide that they are not happy to allow this deal to be appoved, then I think that the board would realise that S/H have spoken!