To: Marshall who wrote (29796 ) 11/5/1998 1:40:00 AM From: drakes353 Read Replies (3) | Respond to of 33268
Marshall: I was wrong, looks like they fell out of NTA compliance sometime before 8/24/98, this from the S-3 filed that day: "RISK OF LOSING NASDAQ NATIONAL MARKET LISTING Companies with securities listed on the Nasdaq National Market must satisfy certain maintenance criteria, including minimum net tangible asset and stock price requirements in order to remain so listed. The Company's recurring losses have had a negative effect on the Company's shareholder's equity, and the Company does not currently meet the Nasdaq National Market net tangible assets requirement. " Looks like RACE should have gotten a notice of delisting around 9/24/98 if your timetable is correct. Add 90 days to that and it looks like you might get an Xmas present that you don't want. The filing date of the 10-K means nothing, it's as of the date of the end of the fiscal year meaning June 30th, 1998, not sometime after. "Current" is current as of the filing date or date the filing was signed off on by the Board not as of quarter or year end. Ever heard of "Subsequent Events"? You still never, ever read any of these filings do you?Nobody could make that statement without the formal Q-1 filed or it would be considered reporting cash levels inbetween reporting periods. Get out your rule books and take your attourneys to a little lunch together someday. You love to spout off stuff yet you refuse to disclose references. A little common sense goes a long way. Common sense has never been too common 'round here.We've been through these NASDAQ rules many times before and if you're short *again* you may be in deep trouble - but that's only my opinion. Yawn.If you're really brave enough write a long letter to skalla@datarace.com but since he knows you he may not take the trouble to answer. I have no position so I really couldn't care less. Anyone that is so inclined should feel free to send this on over to Mr. Skalla at DR: <<<<<cut<<<<<<< Greg: Are you currently out of compliance with Nasdaq's Net Tangible Asset listing requirement? Have you been out of NTA compliance since sometime before your S-3 filing on 8/24/98? Has the Nasdaq been in touch with you on this matter? Regards, A Data Race Shareholder that should know better by now <<<<<<cut<<<<<<<<< Let me know what he says. If we don't hear from him by 11/16 it won't matter much since that's when the 10Q for the Sept quarter is due. The same "we're not currently in compliance" language will be in there unless they raised some money without telling you folks about it. Regards, drakes353 PS: Hey Marshall, did you realize that the January slug of converts has a revenue bogey tied to part of it?