Rick if that was true there would never be a need for buy-ins. And we have seen POET on that list during periods of high volume and heavy shorting. Your broker wills likely short for you based on your margin but I doubt whether a convertible which can't be converted until the end of the year would even qualify as part of that margin.

CDS Rules 7.3.8(b) and 7.4.8(b) and TSX Rule 5-301 (Buy-ins). Generally, where a party to a trade fails to deliver within the usual settlement time, the counterparty may issue a buy-in notice to the defaulting party and request the marketplace to execute the buy-in.

http://fcaa.gov.sk.ca/public/CKeditorUpload/Securities/2012/February/23-312-csa-iiroc-appendix-a-march-2-2012.pdf

Shorting is not something I do so really I don’t have any expertise on this. I don’t see POET as an attractive short in the least. I have been buying the debenture as a family investment that I think has great potential and I would encourage anyone who can qualify to consider it. 2 years at 12%... getting paid to wait for the first time in POETs history is something to consider.