Sunshine Heart Urges Stockholders to Vote for Proposals at January 9 Special Stockholder Meeting, page-22

Yes the battle for the meeting is lost , this is the important bit to vote down' wouldn't be surprised if we see amended proposals ?

• Proposal 4 – To authorize one or more adjournments of the special meeting to solicit additional proxies in the event there are insufficient votes to approve any of the above proposals.

Erb must be feeling the heat , he is obliged to support this to honor the agreement , if share holders vote it down , at least he gave it a good try, now he needs to be fired, he is not worth $400,000 US plus share options.