Deerfield Capital Corp. Working to Restore Compliance With NYSE Amex Listing Standards
22 4월 2009 - 6:30AM
PR Newswire (US)
CHICAGO, April 21 /PRNewswire-FirstCall/ -- Deerfield Capital Corp.
(AMEX: DFR) (the "Company") today announced that, on April 15,
2009, the Company received a letter from the NYSE Amex LLC (the
"NYSE Amex") notifying the Company that it is not in compliance
with an NYSE Amex continued listing standard applicable to its
common stock. Specifically, the letter from the NYSE Amex states
that a review of the Company's public filings indicates that the
Company is not in compliance with Section 1003(a)(i) of the NYSE
Amex Company Guide (the "Company Guide") which provides that the
NYSE Amex "will normally consider suspending dealings in, or
removing from the list, securities of an issuer which has
stockholders' equity of less than $2,000,000 if such issuer has
sustained losses from continuing operations and/or net losses in
two of its three most recent fiscal years." Section 1003 of the
Company Guide also states that, with respect to an issuer that is
not in compliance with Section 1003(a)(i) of the Company Guide, the
NYSE Amex "will not normally consider suspending dealings in, or
removing from the list, securities of an issuer...if the issuer is
in compliance with the following: (1) Total value of market
capitalization of at least $50,000,000 or total assets and revenue
of $50,000,000 each in its last fiscal year, or in two of its last
three fiscal years; and (2) The issuer has at least 1,100,000
shares publicly held, a market value of publicly held shares of at
least $15,000,000 and 400 round lot shareholders." The Company
believes that it is currently in compliance with (1) above and
that, if it is able to maintain a $15,000,000 market value of
publicly held shares, which the Company believes it currently has,
for a period of 30 consecutive trading days, it will also be in
compliance with (2) above and may no longer be subject to delisting
proceedings. Under the NYSE Amex rules, the Company must submit a
plan to the NYSE Amex by May 15, 2009 addressing how it intends to
regain compliance with Section 1003(a)(i) of the Company Guide by
October 15, 2010, and that plan must be accepted by the NYSE Amex
in order for the Company to maintain its listing. On April 16,
2009, the Company contacted the NYSE Amex to report that the
Company intends to submit a plan by May 15, 2009. If the Company's
plan is accepted by the NYSE Amex, but the Company is not in
compliance with all continued listing standards set forth in the
Company Guide by October 15, 2010 or does not make progress
consistent with its plan, the NYSE Amex stated that it will
initiate delisting proceedings as it deems appropriate. The
Company's common stock remains listed on the NYSE Amex under the
symbol DFR, but will be assigned a ".BC" indicator by the NYSE Amex
to signify that the Company is not currently in compliance with the
NYSE Amex's continued listing standards. About the Company The
Company, through its subsidiary, Deerfield Capital Management LLC,
manages client assets, including bank loans and other corporate
debt, residential mortgage-backed securities, government securities
and asset-backed securities. In addition, the Company has a
principal investing portfolio comprised of fixed income
investments, including bank loans and other corporate debt and
residential mortgage-backed securities. For more information,
please go to the company website, at
http://www.deerfieldcapital.com/. * * Notes to Follow * * NOTES TO
PRESS RELEASE Certain statements in this press release are
forward-looking as defined by the Private Securities Litigation
Reform Act of 1995. These include statements regarding future
results or expectations. Forward-looking statements can be
identified by forward looking language, including words such as
"believes," "anticipates," "expects," "estimates," "intends,"
"may," "plans," "projects," "will" and similar expressions, or the
negative of these words. Such forward-looking statements are based
on facts and conditions as they exist at the time such statements
are made. Forward-looking statements are also based on predictions
as to future facts and conditions, the accurate prediction of which
may be difficult and involve the assessment of events beyond the
control of Deerfield Capital Corp. and its subsidiaries (DFR).
Forward-looking statements are further based on various operating
assumptions. Caution must be exercised in relying on
forward-looking statements. Due to known and unknown risks, actual
results may differ materially from expectations or projections. DFR
does not undertake any obligation to update any forward-looking
statement, whether written or oral, relating to matters discussed
in this press release, except as may be required by applicable
securities laws. Various factors could cause DFR's actual results
to differ materially from those described in any forward-looking
statements. These factors include, but are not limited to: DFR's
ability to develop and submit an acceptable plan to the NYSE Amex
that adequately addresses how DFR intends to regain compliance with
NYSE Amex continued listing requirements, DFR's ability to comply
generally with the continued listing standards of the NYSE Amex,
DFR's ability to maintain a $15,000,000 market value of publicly
held shares, DFR's ability to generate earnings or raise capital to
achieve positive stockholders' equity, internal policy decisions at
the NYSE Amex, changes in economic and market conditions,
particularly as they relate to the market for debt securities, such
as mortgage-backed securities, and collateralized debt obligations;
continued availability of financing; changes in DFR's investment,
hedging or credit strategies or the performance of its investment
portfolios; the effects of defaults or terminations under, and
DFR's ability to enter into replacement transactions with respect
to, repurchase agreements, interest rate swaps and long-term debt
obligations; reductions in DFR's assets under management and
related management and advisory fee revenue; DFR's ability to
maintain adequate liquidity; DFR's ability to make investments in
new investment products and realize growth of fee-based income;
changes to DFR's tax status; DFR's ability to forecast its tax
attributes, which are based upon various facts and assumptions, and
its ability to protect and use its net operating losses to offset
taxable income; DFR's ability to maintain compliance with its
existing debt instruments and other contractual obligations; impact
of restrictions contained in DFR's existing debt instruments; DFR's
ability to maintain its exemption from registration as an
investment company pursuant to the Investment Company Act of 1940;
the cost, uncertainties and effect of any legal and administrative
proceedings, such as the current Securities and Exchange Commission
("SEC") investigation into certain mortgage-backed securities
trading procedures in connection with which the SEC has requested
certain information from DFR regarding certain of its mortgage
securities trades; DFR's ability to enter into, and the effects of,
any potential strategic transactions; and changes in, and the
ability of DFR to remain in compliance with, law, regulations or
government policies affecting DFR's business, including investment
management regulations and accounting standards. These and other
factors that could cause DFR's actual results to differ materially
from those described in the forward-looking statements are set
forth in DFR's annual report on Form 10-K, for the year ended
December 31, 2008 and DFR's other public filings with the SEC and
public statements. Readers of this press release are cautioned to
consider these risks and uncertainties and not to place undue
reliance on any forward-looking statements. DATASOURCE: Deerfield
Capital Corp. CONTACT: Frank Straub, Chief Financial Officer of
Deerfield Capital Corp., +1-773-380-6636; or Leslie Loyet of
Financial Relations Board, +1-312-640-6672, for Deerfield Capital
Corp. Web Site: http://www.deerfieldcapital.com/
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