SCOLR Pharma, Inc. Receives Notice from NYSE Amex LLC Regarding Compliance Plan and Listing Standards
18 September 2009 - 10:30PM
PR Newswire (US)
BOTHELL, Wash., Sept. 18 /PRNewswire-FirstCall/ -- SCOLR Pharma,
Inc. (NYSE Amex: DDD) announced today that on September 15, 2009,
the NYSE Amex LLC (the "Exchange") accepted the Company's plan of
compliance with respect to its previously disclosed listing
deficiency as set forth in Section 1003(a)(iii) of the Exchange
Company Guide. Such deficiency relates to the Company's failure to
maintain stockholder's equity of at least $6,000,000 and losses
from continuing operations and net losses incurred during the five
most recent fiscal years. In accordance with applicable Exchange
requirements, the Company submitted a plan of compliance to the
Exchange on July 28, 2009 (with several intervening supplements)
setting forth the actions it has taken or would take to bring the
Company into compliance with the standard set forth in
Section1003(a)(iii) of the Exchange Company guide. On September 15,
2009 the Exchange notified the Company that it accepted the
Company's plan of compliance with the continued listing
requirements of Section 1003(a)(iii) and granted the Company an
extension until December 27, 2010 to regain compliance with such
requirement. The Company will be required to provide the Exchange
staff with updates in conjunction with the initiatives of the plan
of compliance on a regular basis and the Exchange staff will review
the Company periodically during the extension period to assess
progress against the plan of compliance. Failure to make progress
consistent with the plan or to regain compliance with the continued
listing standards by the end of the extension period could result
in the Company being delisted from the Exchange. The Company also
reported that on September 15, 2009, it received a separate notice
from the Exchange stating that the Company does not meet the
continued listing standard set forth in Section 1003(a)(iv) of the
Company Guide because, based on the Exchange's review of the
Company's Form 10-Q for the period ending June 30, 2009, the
Company has sustained losses which are so substantial in relation
to its overall operations or its existing financial resources, or
its financial condition has become so impaired that it appears
questionable, in the opinion of the Exchange, as to whether the
Company will be able to continue operations and/or meet its
obligations as they mature. The Company may submit a further
supplement to its compliance plan no later than October 15, 2009,
to address how it intends to regain compliance with Section
1003(a)(iv) of the Company Guide by March 15, 2010. The Exchange
will evaluate the plan, including any supplements, and determine
whether the Company has made a reasonable demonstration of its
ability to regain compliance with the listing standard set forth in
Section 1003(a)(iv) by March 15, 2010. There can be no assurance
that the Company's plan will be accepted. If the Company's
compliance Plan, as updated to address the additional deficiency is
not accepted by the Exchange, or if the Plan is accepted but the
Company is not in compliance with the continued listing standards
within the appropriate time period, or if the Company does not make
progress consistent with the plan during the plan period, then the
Exchange may initiate delisting proceedings. 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. 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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