To: Post-It-Note who wrote (29870 ) 11/7/1998 1:47:00 AM From: Niels Larsen Read Replies (1) | Respond to of 33268
So the paragraph below is Race's opinion as of the filing date, right? 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 shareholders' equity, and the Company does not currently meet the Nasdaq National Market net tangible assets requirement; the Company has received notice of non-compliance from Nasdaq and the Company intends to request a hearing with Nasdaq in accordance with Nasdaq's procedures. In addition, the Company's stock price, as quoted on the Nasdaq National Market, is volatile and, during a six week period earlier this year, closed below the Nasdaq National Market minimum requirement of $1.00 per share. There can be no assurance that the Company will be able to comply with the maintenance criteria of the Nasdaq National Market, the failure of which could result in the delisting of the Common Stock from such market. Termination of listing of the Company's Common Stock on the Nasdaq National Market would likely have a material adverse effect on the market price and liquidity of the Common Stock, and on the Company's ability to raise additional capital. Delisting could also jeopardize certain secondary trading exemptions from state "blue sky" laws, further affecting liquidity of the Common Stock. In addition, the Company would be liable for certain substantial monetary penalties to the holders of the Preferred Stock in the event of such a termination of listing (failure to pay such penalties could also result in redemption of the Preferred stock).