"Going Concern
On August 1, 2012, at the open of trading at the NYSE, the Company experienced a technology issue related to its installation of trading software
which resulted in the Company sending numerous erroneous orders in NYSE-listed securities into the market. The Company has traded out of its entire
erroneous trade position, which resulted in a realized pre-tax loss to the Company of approximately $440 million. This trading software was removed from the
Company's trading systems on August 1, 2012.
As a result of this issue relating to the trading software and the resultant loss, the Company experienced reduced order flow and liquidity pressures, and
its capital base was severely impacted. In view of the impact to the Company's capital base and the resultant loss of customer and counterparty confidence,
there is substantial doubt about the Company's ability to continue as a going concern. In light of this development, the Company, after evaluating and
pursuing various strategic alternatives, entered into a securities purchase agreement with several investors on August 5, 2012. Upon the closing of the
transactions contemplated by that securities purchase agreement, which is anticipated to occur on August 6, 2012, the investors will purchase an aggregate of
$400.0 million of convertible preferred stock. Consequently, the accompanying Consolidated Financial Statements have been prepared assuming that the
Company will continue as a going concern and do not include any adjustments that might have resulted from the outcome of this situation."
$1B is much too high for a company with Going Concern sections in its SEC fillings