To: Niels Larsen who wrote (30040 ) 11/16/1998 8:57:00 AM From: Bob Biersack Respond to of 33268
Monday November 16, 5:00 am Eastern Time Company Press Release SOURCE: DATA RACE, Inc. DATA RACE Successfully Signs $2.2 Million Private Placement - Financing Brings DATA RACE into Compliance With Nasdaq NMS Assets Requirement - - Company Extends Contract With Liviakis Financial Communications, Inc. - SAN ANTONIO, Nov. 16 /PRNewswire/ -- DATA RACE® (Nasdaq: RACE - news) announced today that the Company has obtained binding commitments for an immediate $2.2 million private placement of restricted common stock and warrants. The purchasers consist primarily of existing shareholders, including Liviakis Financial Communications, Inc. The equity financing is an important step in the Company's plan to maintain its listing on the Nasdaq National Market System. Dr. W.B. Barker, President and CEO of DATA RACE, commented, ''This financing bolsters our working capital balance at an important time in our new product roll-out. It also helps to address certain issues related to our Nasdaq National Market listing, which we consider to be important to our liquidity and the stature of our publicly traded shares.'' In separate news, DATA RACE has extended its contract with Liviakis Financial Communications, Inc. to now end January 1, 2000. Additionally, Liviakis Financial Communications, Inc. has agreed to ''lock up'' all of its consulting compensation shares and its shares purchased in this private placement until January 1, 2000. Risks Regarding Forward-Looking Statements The Company cautions that there can be no assurance that the Company will be able to fully satisfy Nasdaq's concerns at the planned hearing regarding the Company's maintenance on a going-forward basis of the net tangible assets requirement. The Company's ability to maintain compliance with the Nasdaq NMS requirement depends, in part, on the Company's ability to complete additional equity financings (including the second closing of the July 24, 1998 financing) or other capital infusions. Future capital raising efforts depend upon various factors, including satisfaction of closing conditions, availability of capital, and an adequate number of available shares. Because the private placement will require substantially all of the Company's remaining authorized shares, the Company intends to call a special meeting of shareholders for January 1999 to approve an increase in its authorized shares. Additional factors which qualify forward-looking statements are set forth in the Company's SEC filings including its 10-K for the 1998 fiscal year and the 10-Q for the first quarter of fiscal 1999.