To: Nick who wrote (9720 ) 6/8/1998 12:35:00 PM From: CatLady Read Replies (1) | Respond to of 18691
I think the risk factors from the 10-Q makes the BEAR case effectively edgar-online.com ------ Risk Factors Limited Operating History. Until 1986, the Company was principally engaged in research and development relating to the Intellectual Properties, Colormate(TM) units and the Company's Beauty-Aid Products. From early 1986 through October 1987, the Company was engaged in limited test-marketing of certain of the Intellectual Properties and Beauty-Aid Products through its former licensees. From October 1987 until June 1991, the Company was principally engaged in the Avon Project. Since 1991, the Company has been engaged in the research and development of its Colormate(TM) Bilirubin Device for the monitoring of bilirubin infant jaundice, the development of prototypes of additional versions of the Colormate(TM) unit and the refinement of its technologies for other applications. From October 1990 to date, the Company has not conducted any material revenue producing operations and there can be no assurance it will be able to do so in the future. The Company's business is subject to the risks inherent in the development of new products using new technologies and approaches, many of which are beyond the Company's control, such as unanticipated development, manufacturing and regulatory delays and expenses. There can be no assurance that unforeseen problems will not develop with these technologies or applications, that the Company will be able to successfully address technological challenges it encounters in its research and development program or that commercially feasible products will ultimately be developed and marketed by the Company. Operating Losses. The Company has incurred significant losses from operations for the year ended December 31, 1997 and the three months ended March 31, 1998, ($5,053,100 and $1,770,800, respectively), as well as in prior periods. The Company anticipates incurring increased operating expenses as the Company attempts to expand its marketing and sales activity and otherwise continues to implement its business plan, including its business plan for medical applications involving the monitoring of hyperbilirubinemia. There can be no assurance the Company will not continue to incur such losses or will ever generate revenues at levels sufficient to support profitable operations. Need for Additional Financing; Cessation of Operations. The Company has limited resources and has not been able to finance its activities with cash flow from operations since fiscal 1989. There can be no assurance that the Company will not continue to incur operating losses, that remaining proceeds from the previous exercise of its Placement Agent Warrants and Warrants will be sufficient to fund operations beyond April 1, 1999, that sufficient sales levels, if any, will be achieved thereafter to fund operations or that the Company will not incur additional unanticipated expenses. In this regard, if the Company is unable to successfully market its Intellectual Properties, Colormate(TM) units and Beauty-Aid Products, and in particular, its Colormate(TM) Bilirubin Device for monitoring of bilirubin infant jaundice, it is extremely doubtful it will be able to obtain additional future financing and, at such point, may have to cease operations. The Company's continued operation will depend on its ability to obtain significant commercial sales of the Beauty-Aid Products and/or licensing and leasing fees from its Intellectual Properties and the Colormate(TM) units, the successful marketing of the Colormate(TM) Bilirubin Device and the availability of future financing. The Company expects that additional financing will be required to commercialize any additional medical application of its technologies. There can be no assurance that the Company will be able to obtain additional financing, such commercial sales or fees, in which case the Company's operations would be materially adversely affected and it may be forced to cease operations.