LB, The following is from a post over on Stockwatch. I've posted only the last two paragraphs of the release. Looks like you're correct.
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ECU plans to buy recovery plant, to raise $17.5-million
2009-01-27 16:01 ET - News Release
Mr. Michel Roy reports
(snip)
The offering will be made by way of short form prospectus filed in all provinces of Canada and will be made in the United States to qualified institutional buyers through Rule 144A of the United States Securities Act of 1933 and to certain accredited investors through Regulation D and in other eligible foreign jurisdictions pursuant to applicable private placement exemptions under applicable securities laws in such jurisdictions.
The offering is scheduled to close on or about Feb. 18, 2009, and is subject to acceptance by the Toronto Stock Exchange.
We seek Safe Harbor.