Spectrum Brands, Inc. Receives Notification about Non-Compliance with a Continued Listing Standard from the NYSE
06 November 2008 - 1:00AM
Business Wire
Spectrum Brands, Inc. (NYSE: SPC) (the �Company�) announced today
that on November 4, 2008, it received written notice from the New
York Stock Exchange (the "NYSE") that the Company did not satisfy
one of the NYSE's standards for continued listing applicable to the
Company's common stock. The NYSE noted specifically that the
Company was "below criteria" for the NYSE's continued listing
standards because both its average total market capitalization was
less than $75 million over a 30 trading-day period and, at the same
time, its stockholders� equity was less than $75 million. As of
October 31, 2008, the Company's 30 trading-day average market
capitalization was approximately $72.4 million. Under the
applicable NYSE rules, the Company has 45 calendar days from
receipt of the notice to submit a plan that demonstrates its
ability to achieve compliance with the continued listing standards
within 18 months of receipt of the notice. Upon receipt of the
Company�s plan, the NYSE has 45 calendar days to review and
determine whether the Company has made a reasonable demonstration
of its ability to come into conformity with the relevant standards
within the 18 month period. The NYSE will either accept the plan,
at which time the Company will be subject to ongoing monitoring for
compliance with this plan, or the NYSE will not accept the plan and
the Company will be subject to suspension and delisting
proceedings. As required by the NYSE�s rules, the Company plans to
notify the NYSE within 10 business days of receipt of the
non-compliance notice of the Company�s intent to submit a plan to
remedy its non-compliance. �While we are extremely disappointed in
the recent performance of our stock, which was pressured during the
last few months by an extremely volatile market as well as by the
distribution of over 12 million shares held by our largest
shareholder, Thomas H. Lee Partners, a private equity firm, in
conjunction with the winding down of one of its investment funds,
we do not believe that this notification reflects the performance
of our businesses,� said Kent Hussey, CEO of Spectrum Brands.
�Although we are still in the process of finalizing our full year
fiscal 2008 financial results and plan to report these results on
November 11, 2008, I am pleased with the market share gains and
expanded distribution that we�ve been able to achieve in our Global
Batteries & Personal Care and Global Pet Supplies Business
Segments this past quarter. In addition, we ended the fiscal year
with approximately $105 million in cash and $108 million of
availability on our $225 million ABL and in compliance with the
requirements under our senior and subordinated debt agreements.� If
the average closing price of the Company's common stock is less
than $1.00 over a consecutive 30 trading-day period, the Company is
subject to receive a formal written notice from the NYSE regarding
its non-compliance with an additional NYSE continued listing
standard (the �Closing Price Rule�). As of October 31, 2008, the 30
trading-day average closing share price of the Company's common
stock was $1.37, and the closing price of the Company's common
stock on November 4, 2008 was $0.67. The Company believes that it
will become out of compliance with this continued listing standard
unless the market price of its common stock increases significantly
in the near term. In order to remain in compliance with the Closing
Price Rule, the share price and the consecutive 30 trading-day
closing price of the Company's common stock must be above $1.00
within six months from the date the Company receives formal notice
of non-compliance from the NYSE. Should the Company fail to meet
these standards at the expiration of the six month period, the NYSE
will commence suspension and delisting procedures. The Company's
common stock remains listed on the NYSE under the symbol �SPC,� but
will be assigned a �.BC� indicator by the NYSE to signify that the
Company is not currently in compliance with the NYSE�s continued
listing standards. About Spectrum Brands, Inc. Spectrum Brands is a
global consumer products company and a leading supplier of consumer
batteries, lawn and garden care products, specialty pet supplies,
shaving and grooming products, household insect control products,
personal care products and portable lighting. Helping to meet the
needs of consumers worldwide, included in its portfolio of widely
trusted brands are Rayovac(R), Varta(R), Remington(R), Tetra(R),
Marineland(R), Nature's Miracle(R), Dingo(R), 8-In-1(R),
Spectracide(R), Schultz(R), Cutter(R), Repel(R), and HotShot(R).
Spectrum Brands' products are sold by the world's top 25 retailers
and are available in more than one million stores in more than 120
countries around the world. Headquartered in Atlanta, Georgia,
Spectrum Brands generated fiscal year 2007 net sales of $2.6
billion. The Company's stock trades on the New York Stock Exchange
under the symbol SPC. Certain matters discussed in this news
release, with the exception of historical matters, may be
forward-looking statements within the meaning of the Private
Securities Litigation Reform Act of 1995. These statements are
subject to a number of risks and uncertainties that could cause
results to differ materially from those anticipated as of the date
of this release. These risks and uncertainties include (1) the risk
that the NYSE notice disrupts current plans and operations; (2)
difficulty or unanticipated expenses in connection with timely
developing a plan to achieve compliance that is acceptable to the
NYSE, (3) the potential for the Company to be considered below
criteria with respect to other NYSE listing standards and (4) other
factors, which can be found in the Company�s securities filings,
including the most recently filed Annual Report on Form 10-K or
Quarterly Report on Form 10-Q. The Company cautions the reader that
undue reliance should not be placed on any forward-looking
statements, which speak only as of the date of this release. The
Company undertakes no duty or responsibility to update any of these
forward-looking statements to reflect events or circumstances after
the date of this report or to reflect actual outcomes.
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