Isolagen, Inc. Receives Notification Letter from Amex
21 March 2009 - 8:00AM
PR Newswire (US)
EXTON, Pa., March 20 /PRNewswire-FirstCall/ -- Isolagen(TM), Inc.
(AMEX: ILE) today announced that on March 17, 2009, it received
notice from the Amex (the "Exchange") notifying the Company it is
not in compliance with Section 1003(a)(iv) of the Exchange's
Company Guide (the "Company Guide"). Specifically, the Exchange
staff noted that the Company sustained losses which are so
substantial in relation to its overall operations or its existing
financial sources that is 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. As
previously disclosed, the Company received a notice from the
Exchange on March 12, 2008, advising the Company that it was not in
compliance with Sections 1003 (a)(i)-(iii) of the Company Guide.
The Company's plan to bring itself back into compliance by
September 14, 2009 in connection with the previous notice was
accepted by the Exchange in August 2008. The Company currently
intends to submit a plan in response to the most recent notice by
April 17, 2009 outlining its compliance strategy with the current
continued listing deficiency by September 14, 2009, subject to the
Company successfully completing a sufficient financing transaction
or strategic partnership prior to April 17, 2009. If the Company's
plan to regain compliance is accepted by the Exchange, the Company
may be able to continue its listing during this period, during
which time it will be subject to periodic review to determine
progress consistent with the plan. If the Company does not submit a
plan or if the plan is not accepted by the Exchange, the Company
will be subject to delisting procedures as set forth in the Company
Guide. Under Company Guide rules, the Company has the right to
appeal the determination by the Exchange staff to initiate
delisting proceedings and to seek a hearing before an Exchange
Panel. The time and place of such a hearing will be determined by
the Panel. If the Panel does not grant the relief sought by the
Company, its securities could be delisted from the Exchange. There
is no assurance that the Exchange staff will accept the Company's
plan of compliance or that, even if such plan is accepted, the
Company will be able to implement the plan within the prescribed
timeframe. In addition, the Exchange's notice states that the
Company's common stock has closed at between $0.15 and $0.87 per
share over the last six months, and that the Staff is concerned
that, as a result of the low selling price, the Company's common
stock may not be suitable for auction market trading. Pursuant to
Section 1003(f)(v) of the Company Guide, the Exchange has notified
the Company that it deems it appropriate that the Company effect a
reverse stock split within a reasonable amount of time in view of
the fact that the Company's common stock has been selling for a
substantial period of time at a low price per share. Isolagen
currently estimates that its unrestricted, available cash resources
will allow the Company to continue in operation for approximately
two weeks under its current operation plan. The Company continues
to pursue potential financing alternatives and potential strategic
partnership discussions. However, there can be no assurance that
any such potential financing alternative will be completed on terms
acceptable to the Company, or successfully completed at all.
Further, there can be no assurance that any potential strategic
partnership discussions will be completed on terms acceptable to
the Company, or completed at all. If the Company does not obtain
additional funding, or anticipate additional funding in the very
near future, the Company may enter into bankruptcy, and possibly
cease operations. In addition, as previously disclosed, the Company
currently has a debt liability of approximately $89.7 million
related to its 3.5% subordinated notes, which could be called due,
at the option of the note holders, as early as November 2009.
Interest on the notes is due semiannually on May 1 and November 1.
Further, the Company is pursuing the potential sale of its 57%
ownership interest in Agera Laboratories, Inc. There can be no
assurance that a sale of this ownership interest will be completed
on terms acceptable to the Company, or successfully completed at
all. About Isolagen, Inc. Isolagen(TM), Inc. (AMEX:ILE) is an
aesthetic and therapeutic company committed to developing and
commercializing scientific advances and innovative technologies.
The company's technology platform includes the Isolagen
Process(TM), a cell processing system for skin and tissue
rejuvenation which is currently in clinical development for a broad
range of aesthetic and therapeutic applications including wrinkles,
acne scars, burns and periodontal disease. Isolagen also
commercializes a scientifically-advanced line of skincare systems
through its majority-owned subsidiary, Agera(R) Laboratories, Inc.
For additional information, please visit http://www.isolagen.com/.
Isolagen Forward Looking Statements All statements in this news
release that are not based on historical fact are "forward-looking
statements" within the meaning of the Private Securities Litigation
Reform Act of 1995 and the provisions of Section 27A of the
Securities Act of 1933, as amended, and Section 21E of the
Securities Exchange Act of 1934, as amended. Forward-looking
statements in this press release, include, without limitation, the
Company's ability to submit a plan to the Exchange on a timely
basis, the potential acceptance of such plan by the Exchange, the
Exchange's willingness to permit continued listing during the
pendency of the plan and the Company's ability to complete any
financings or enter into any strategic partnerships. While
management has based any forward-looking statements contained
herein on its current expectations, the information on which such
expectations were based may change. These forward-looking
statements rely on a number of assumptions concerning future events
and are subject to a number of risks, uncertainties, and other
factors, many of which are outside of our control, that could cause
actual results to materially differ from such statements. Such
risks, uncertainties, and other factors include, but are not
necessarily limited to, those set forth under Item 1A "Risk
Factors" in the Company's Annual Report on Form 10-K for the year
ended December 31, 2007, as updated in "Item 1A. Risk Factors" in
the Company's Quarterly Reports on Form 10-Q filed since the annual
report. We operate in a highly competitive and rapidly changing
environment, thus new or unforeseen risks may arise. Accordingly,
investors should not place any reliance on forward-looking
statements as a prediction of actual results. We disclaim any
intention to, and undertake no obligation to, update or revise any
forward-looking statements. Readers are also urged to carefully
review and consider the other various disclosures in the Company's
Annual Report on Form 10-K for the year ended December 31, 2007, as
well as other public filings with the SEC since such date.
DATASOURCE: Isolagen, Inc. CONTACT: Mike Beyer of Sam Brown for
Isolagen, Inc., +1-773-463-4211, Web Site: http://www.isolagen.com/
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