SCOLR Pharma, Inc. Receives Notices From NYSE Amex LLC Regarding Compliance Plan and Listing Standards
01 12월 2009 - 3:52AM
PR Newswire (US)
BOTHELL, Wash., Nov. 30 /PRNewswire-FirstCall/ -- SCOLR Pharma,
Inc. (NYSE Amex: DDD) announced today that on November 25, 2009,
the NYSE Amex LLC (the "Exchange") notified the Company that it had
accepted the Company's plan to comply with its previously disclosed
listing deficiency under Section 1003(a)(iv) of the Exchange
Company Guide. Specifically, the deficiency notice stated that the
Company sustained losses which were so substantial in relation to
its overall operations or its existing financial resources, or its
financial condition had become so impaired that it appeared
questionable, in the opinion of the Exchange, as to whether the
Company would be able to continue operations or meet its
obligations as they mature. In accordance with applicable Exchange
requirements, the Company submitted a plan of compliance to the
Exchange on October 15, 2009 (with subsequent updates) setting
forth the actions it has taken or would take to bring the Company
into compliance with the standard set forth in Section 1003(a)(iv)
of the Exchange Company Guide by March 15, 2010. The Company also
reported that on November 23, 2009, it received a notice from the
Exchange that the Company is not in compliance with the additional
continued listing standard of Section 1003(a)(ii) of the Exchange
Company Guide which requires stockholders' equity of $4,000,000 for
companies with losses from continuing operations in three of its
last four fiscal years. The Exchange had previously notified the
Company that it was not in compliance with Section 1003(a)(iii)
which requires stockholders' equity of $6 million for companies
with losses from continuing operations and net losses in its five
most recent fiscal years. On September 15, 2009, the Exchange
notified the Company that it had accepted the Company's compliance
plan and granted the Company an extension until December 27, 2010
to regain compliance with Section 1003(a)(iii) of the Company
Guide. Due to the higher stockholders' equity requirement
incorporated into the previously accepted plan for compliance with
Section 1003(a)(iii) of the Company Guide, the Company is not
required to submit an additional plan of compliance in connection
with the deficiency relating to the $4,000,000 stockholders' equity
standard of Section 1003(a)(ii) of the Company Guide. As a result,
and subject to the requirements discussed below, the Company's
listing on the Exchange will be continued pursuant to extension to
enable the Company to regain compliance with Section 1003(a)(iv) of
the Company Guide by March 15, 2010 and with Sections 1003(a)(ii)
and 1003(iii) of the Company Guide by December 27, 2010. The
Company will be required to provide the Exchange staff with updates
in connection with the initiatives of the plan of compliance at
least quarterly or upon the Exchange's request and the Exchange
staff will review the Company periodically for compliance with the
plan during the extension periods. Failure to make progress
consistent with the plan of compliance or to regain compliance with
the continued listing standards by the end of the applicable
extension periods could result in the Company being delisted from
the Exchange. There can be no assurance that the Company will be
able to make progress consistent with its plan to regain compliance
with the Exchange's continued listing standards in a timely manner,
or at all. The Company's stock trading symbol will remain DDD on
NYSE Amex; but will continue to include an indicator (.BC) as an
extension to signify noncompliance with the continued listing
standards. The .BC indicator will remain as an extension on the
trading symbol until the Company has regained compliance with all
applicable continued listing standards. About SCOLR Pharma: Based
in Bothell, Washington, SCOLR Pharma, Inc. is a specialty
pharmaceutical company. SCOLR Pharma's corporate objective is to
combine its formulation expertise and its patented CDT platform to
develop novel pharmaceutical, over-the-counter (OTC), and
nutritional products. Our CDT drug delivery platforms are based on
multiple issued and pending patents and other intellectual property
for the programmed release or enhanced performance of active
pharmaceutical ingredients and nutritional products. For more
information on SCOLR Pharma, please call 425.368.1050 or visit
http://www.scolr.com/. This press release contains forward-looking
statements (statements which are not historical facts) within the
meaning of the Private Securities Litigation Reform Act of 1995.
These forward-looking statements involve risks and uncertainties,
including activities, events or developments that we expect,
believe or anticipate will or may occur in the future. A number of
factors could cause actual results to differ from those indicated
in the forward-looking statements, including our ability to regain
compliance with NYSE Amex listing standards in accordance with our
plan, our ability to advance development of our potential products
and complete research and development, our ability to raise
additional funds or enter strategic alliances, the continuation of
arrangements with our product development partners and customers,
competition, government regulation and approvals, and general
economic conditions. Additional assumptions, risks and
uncertainties are described in detail in our registration
statements, reports and other filings with the Securities and
Exchange Commission. Such filings are available on our website or
at http://www.sec.gov/. You are cautioned that such statements are
not guarantees of future performance and that actual results or
developments may differ materially from those set forth in the
forward-looking statements. We undertake no obligation to publicly
update or revise forward-looking statements to reflect subsequent
events or circumstances. Contact: Investor Relations SCOLR Pharma,
Inc. (425) 368-1050 ext. 1080 DATASOURCE: SCOLR Pharma, Inc.
CONTACT: Investor Relations, SCOLR Pharma, Inc., +1-425-368-1050
ext. 1080, Web Site: http://www.scolr.com/
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