AXM Pharma Receives Notification from American Stock Exchange
22 4월 2006 - 5:30AM
Business Wire
AXM Pharma, Inc. (AMEX: AXJ), a manufacturer of proprietary and
generic pharmaceutical and nutraceutical products for the Chinese
and other Asian markets, announced today that it has received a
letter from the Staff of the American Stock Exchange ("Amex" or the
"Exchange") stating that it intends to proceed with the filing of
an application with the Securities and Exchange Commission ("SEC")
pursuant to Section 1009 of the Amex Company Guide to delist the
Company's common stock from the Exchange. Specifically, Amex cited
the Company's inability to make a reasonable demonstration, in its
plan of compliance dated March 3, 2006, of the Company's likelihood
of regaining compliance with Section 1003(a)(iv) of the Amex
Company Guide by May 2, 2006, due to the Company's sustained losses
which are so substantial in relation to its overall operations or
its existing financial resources, or its financial condition has
become so impaired that it appears questionable, in the opinion of
the Amex, as to whether the Company will be able to continue
operations and/or meet its obligations as they mature. Amex also
cited the Company's noncompliance with Section 1003(a)(iii) of the
Amex Company Guide which requires a company to maintain
stockholders' equity in excess of $6 million if it has sustained
losses from continuing operations and/or net losses in its five
most recent fiscal years. Finally, Amex indicated that during the
period between August 31, 2005 and September 19, 2005, the Company,
in certain instances, failed to comply with Section 301 of the Amex
Company Guide which provides that a listed company is not permitted
to issue or register additional securities of a listed class until
it has filed an application for the listing of such additional
securities and received notification from the Exchange that the
securities have been approved for listing. Amex also cited,
pursuant to Section 1003(f)(iii) of the Company Guide, its concern
regarding the ongoing SEC investigation into the Company and other
parties affiliated with the Company for violations of federal
securities laws. The letter indicates that the Company has a
limited right to appeal the determination by requesting an oral
hearing or a hearing based on a written submission before a Listing
Qualifications Panel. Such a request must be received by April 27,
2006. At this time, the Company is reviewing and considering its
course of action. In the event the Company's common stock is
delisted from the Amex, the Company intends to pursue a listing on
the Over-The-Counter Bulletin Board. About AXM Pharma, Inc. AXM
Pharma, Inc., through its wholly owned subsidiary, AXM Pharma
Shenyang, Inc. ("AXM Shenyang"), is a manufacturer of proprietary
and generic pharmaceutical products, which include injectables,
capsules, tablets, liquids and medicated skin products for export
and domestic Chinese sales. AXM Shenyang is located in the City of
Shenyang, in the Province of Liaoning, China. AXM Shenyang has an
operating history of approximately 10 years. For additional
information on AXM Pharma Inc., please visit
http://www.axmpharma.com. Safe Harbor Statement under the Private
Securities Litigation Reform Act of 1995: The statements contained
in this news release include certain predictions and projections
that may be considered forward-looking statements under securities
law, including the statements regarding the Company's opportunities
for future growth. These statements involve a number of important
risks and uncertainties that could cause actual results to differ
materially including, but not limited to, the performance of joint
venture partners, obtaining regulatory approvals to market the
Company's products, the uncertainties associated with distributing
products in a developing country such as China, the availability of
cash to meet near term requirements as well as other economic,
competitive and technological factors involving the Company's
operations, markets, services, products and prices. With respect to
AXM, except for the historical information contained herein, the
matters discussed in this news release are forward-looking
statements involving risks and uncertainties that could cause
actual results to differ materially from those in such
forward-looking statements. Potential risks and uncertainties
include, but are not limited to, AXM's extremely limited operating
history, uncertainties related to the Company's access to
additional capital, competition and dependence on key management.
Axm (AMEX:AXJ)
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Axm (AMEX:AXJ)
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