Security With Advanced Technology Receives and Plans to Appeal Delisting Notification From NASDAQ
27 9월 2008 - 6:30AM
Marketwired
Security With Advanced Technology, Inc. (NASDAQ: SWAT) announced
today that it received a notice on September 23, 2008 from The
Nasdaq Stock Market ("Nasdaq") indicating that the Company is not
in compliance with the minimum bid price requirement for continued
listing set forth in Nasdaq Marketplace Rule 4310(c)(4) (the
"Minimum Bid Price Rule") and that the Company intends to request a
hearing before a Nasdaq Listing Qualifications Panel (the "Panel")
to appeal a Staff Determination to delist the Company's common
shares from the Nasdaq Capital Market. The request for an appeal
will result in the Company's shares continuing to trade on the
Nasdaq Capital Market until such time as the appeal is heard and a
determination is made by the Panel.
As previously reported, the Company was initially notified on
March 25, 2008, that the bid price of its common stock had closed
below the minimum bid price for 30 consecutive business days. In
accordance with the Nasdaq Marketplace Rules, the Company was
granted 180 calendar days, or until September 22, 2008, to regain
compliance with the Minimum Bid Price Rule.
The Company received a letter from Nasdaq on September 23, 2008
indicating that the Company had failed to regain compliance with
Nasdaq's minimum bid price requirement of $1.00 per share for
continued listing of the Company's common shares on the Nasdaq
Capital Market as set forth in Marketplace Rule 4310(c)(4) (the
"Staff Determination"), and therefore the Company's shares are
subject to delisting should its appeal to the Panel be rejected. In
accordance with the Marketplace Rules, the Company had initially
been provided with a grace period of 180 calendar days, or until
September 22, 2008, to regain compliance with the minimum bid
requirement. The Company was unable to comply with the minimum bid
requirement as of such date and also was unable to satisfy the
other initial listing criteria for the Nasdaq Capital Market that
would have provided it with an additional 180 calendar day grace
period to meet the minimum bid price requirement.
The Company intends to request an appeal hearing by September
30, 2008 with the Nasdaq Listing Qualifications Panel to review the
delisting determination following the procedures set forth in the
Nasdaq Marketplace Rule 4800 series. The hearing date will be
determined by Nasdaq and should occur within 45 calendar days from
the request for the hearing. A request for a hearing is expected to
'stay' the delisting of the Company's common stock pending the
Panel's decision. The Company must provide Nasdaq with a plan to
regain compliance. As previously announced, the Company's
shareholders approved a one-for-two reverse split of the Company's
common stock at the Company's Annual Meeting of Shareholders held
on September 17, 2008. The Company expects that reverse stock split
to be implemented upon the commencement of trading on September 29,
2008. If this stock split does not enable the Company to meet the
Minimum Bid Price Rule, a subsequent reverse stock split may be
required. If the Company decides not to appeal the Nasdaq Staff's
delisting determination, or if the Panel denies the appeal, the
Company's common stock will be delisted.
At the hearing, the Company will request continued listing on
the Nasdaq Capital Market, based upon its plan for demonstrating
compliance with the applicable listing requirements. Pursuant to
the Nasdaq Marketplace Rules, the Panel has the authority to grant
the Company up to an additional 180 days from September 23, 2008
(i.e., March 22, 2009) to implement its plan of compliance. The
Company is currently considering all actions that may allow it to
regain compliance with the applicable Nasdaq listing standards and
maintain its Nasdaq listing. There can be no assurance, however,
that the Panel will grant the Company's request for continued
listing on the Nasdaq Capital Market.
In the event that the Panel denies the Company's request for
continued listing on the Nasdaq Capital Market, the Company's
common shares could be eligible for quotation and trading on the
Over-the-Counter Bulletin Board.
About Security With Advanced Technology, Inc.
Security With Advanced Technology, Inc., soon to be renamed
PepperBall Technologies, Inc., is focused on developing and selling
non-lethal personal protection devices as well as surveillance and
intrusion detection systems. SWAT's products and services are
designed for consumers, government agencies, military and law
enforcement, in addition to commercial facilities. For additional
information, visit either www.pepperball.com or
www.swat-systems.com.
Forward-Looking Statements
This press release includes "forward-looking statements" as
defined by the Securities and Exchange Commission (the "SEC"). All
statements, other than statements of historical fact, included in
the press release that address activities, events or developments
that the company believes or anticipates will or may occur in the
future are forward-looking statements. These statements are based
on certain assumptions made based on experience, expected future
developments and other factors the company believes are appropriate
under the circumstances. Such statements are subject to a number of
assumptions, risks and uncertainties, many of which are beyond the
control of the company and may not materialize, including, without
limitation, the company's timely request of an appeal hearing, the
outcome of the Company's appeal, the eligibility of the company's
common stock to trade on the OTC Bulletin Board or the "Pink
Sheets," the company's history of losses, the company's need to
raise additional working capital, the efficacy of the company's
products and services, the company's ability to secure its
ownership of, right to use and protect its intellectual property
and proprietary technology and the company's ability to integrate
the combined operations into a viable enterprise and to complete
development of, launch and achieve acceptable levels of sales and
margins for its products and services. Investors are cautioned that
any such statements are not guarantees of future performance.
Actual results or developments may differ materially from those
projected in the forward-looking statements as a result of many
factors. Furthermore, the company does not intend (and is not
obligated) to update publicly any forward-looking statements,
except as required by law. The contents of this release should be
considered in conjunction with the warnings and cautionary
statements contained in the company's recent filings with the SEC,
including the Risk Factors beginning on page 11 of the company's
Registration Statement on Form S-4 (File No. 333-152645).
Company contact: Jeff McGonegal CFO 303/ 475-3786
Security With Advanced Technology (MM) (NASDAQ:SWAT)
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Security With Advanced Technology (MM) (NASDAQ:SWAT)
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