BPI Energy Receives Notification From NYSE Alternext Regarding Continued Listing
19 November 2008 - 9:44AM
Business Wire
BPI Energy Holdings, Inc. (NYSE Alternext US: BPG), an independent
energy company engaged in the exploration, production and
commercial sale of coalbed methane (CBM) in the Illinois Basin,
today announced that, on Nov. 17, 2008, it received notification
from the NYSE Alternext US LLC (�Exchange�), formerly the American
Stock Exchange (AMEX), that the company no longer complies with one
or more of the Exchange�s continued listing standards and that its
securities are, therefore, subject to being delisted from the
Exchange. The Exchange halted trading in BPI�s common stock on Nov.
6, 2008. The notice specifically indicates that BPI is in violation
of the NYSE Alternext US Company Guide (the �Company Guide�)
Section 1003(a)(iv) in that it 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. Moreover,
based on the press release issued on Oct. 30, 2008, stating that it
is currently insolvent and given the current market value of the
Company�s common stock, pursuant to Section 1003(c)(3) of the
Company Guide the Exchange will normally consider suspending
dealings in, or removing from the list securities, of an issuer
whenever advice has been received, deemed by the Exchange to be
authoritative, that the security is without value. The notice also
cited the company�s SEC disclosure that it was unable to file its
Annual Report on Form 10-K for the year ended July 31, 2008, when
due, and the extension period afforded by filing Form 12b-25 ended
on Nov. 13, 2008. The timely filing of such reports is a condition
for the Company�s continued listing on the Exchange, as required by
Sections 134 and 1101 of the Company Guide. BPI is currently
evaluating its option to appeal this determination and request a
hearing before a committee of the Exchange to present a plan to
regain compliance with NYSE Alternext US listing standards;
however, there can be no assurance that the company�s request for
continued listing will be granted. The company today filed a report
on Form 8-K, which is available from the Securities and Exchange
Commission at http://www.sec.gov or on the Investor Relations page
of BPI�s website at http://www.bpi-energy.com. About BPI Energy BPI
Energy (BPI) is an independent energy company engaged in the
exploration, production and commercial sale of coalbed methane
(CBM) in the Illinois Basin, which covers approximately 60,000
square miles in Illinois, southwestern Indiana and northwestern
Kentucky. The company controls a large CBM position in the Illinois
Basin at approximately 534,280 acres. To be added to BPI Energy�s
e-mail distribution list, please click on the link below:
http://www.clearperspectivegroup.com/clearsite/bpi/emailoptin.html
News releases and other information on the company are available on
the Internet at: http://www.bpi-energy.com or
http://www.bpi-industries.com/newlibrary.htm?b=1320&1=1 Some of
the statements contained in this report that are not historical
facts, including statements containing the words �believes,�
�anticipates,� �expects,� �intends,� �plans,� �should,� �may,�
�might,� �continue� and �estimate� and similar words, constitute
forward-looking statements under the federal securities laws. These
forward-looking statements involve known and unknown risks,
uncertainties and other factors that may cause our actual results,
performance or achievements, or the conditions in our industry, on
our properties or in the Basin, to be materially different from any
future results, performance, achievements or conditions expressed
or implied by such forward-looking statements. Some of the factors
that could cause actual results or conditions to differ materially
from our expectations include, but are not limited to: (a) our
inability to raise the funds necessary to satisfy our existing
accounts payable and accrued liabilities; (b) a refusal by GasRock
Capital LLC (�GasRock�) to make any additional advances under the
GasRock Credit Agreement, which are at GasRock�s discretion; (c)
our inability to repay or refinance the amounts advanced to us by
GasRock when such amounts become due on Jan. 30, 2009; (d) a breach
by us of a covenant under the GasRock Credit Agreement or other
event of default that allows GasRock to accelerate our outstanding
obligations; (e) our inability to obtain sufficient financing that
would enable us to fund our future operations; (f) our failure to
accurately forecast CBM production; (g) a decline in the prices
that we receive for our CBM production; (h) our failure to
accurately forecast operating and capital expenditures and capital
needs due to rising costs or different drilling or production
conditions in the field; (i) our inability to attract or retain
qualified personnel with the requisite CBM or other experience; (j)
unexpected economic and market conditions, in the general economy
or the market for natural gas; (k) limitations imposed on us by the
GasRock Credit Agreement; and (l) potential exposure to losses
caused by our derivative contract. We caution readers not to place
undue reliance on these forward-looking statements.
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