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Published on 12/22/2008 in the Prospect News Special Situations Daily.

Selectica shareholder Versata Enterprises tests rights agreement with purchase of additional shares

By Lisa Kerner

Charlotte, N.C., Dec. 22 - Selectica, Inc. investor Versata Enterprises, Inc. bought 154,061 shares of the company's stock on Thursday and Friday for $120,809, prompting the company to file a complaint in the Court of Chancery of the State of Delaware on Sunday.

According to a schedule 13D/A filed with the Securities and Exchange Commission, Selectica is seeking a declaratory judgment as to the validity of its previously announced rights agreement.

Versata became an acquiring person under the rights agreement, beneficially owning 1,913,072 shares, or 6.7%, of San Jose, Calif., internet software development company.

In November, it was reported that Selectica adopted an amendment to its rights agreement, making Versata's ability to acquire additional shares uncertain. Versata had proposed acquiring some or all of Selectica's assets.

Selectica lowered the beneficial ownership percentage of the rights plan to 4.99% from 15%, a prior SEC filing said.


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