FX Real Estate & Entertainment Inc. Announces Voluntary Delisting of Common Stock from NASDAQ & Receipt of Notice of Initiati...
14 Abril 2009 - 7:02PM
Business Wire
FX Real Estate and Entertainment Inc. (NASDAQ: FXRE) announced
that on April 8, 2009 it received notice from The NASDAQ Stock
Market (�NASDAQ�) indicating that, as of December 31, 2008, FXRE is
no longer in compliance with NASDAQ�s continuing listing
requirement of a minimum of $10,000,000 in stockholders�
equity.
Under the NASDAQ Marketplace Rules, FXRE is permitted to submit
to NASDAQ a plan to regain compliance with NASDAQ�s continued
listing criteria. However, based on FXRE�s deteriorating financial
condition, FXRE has determined that it will not be able to regain
compliance. As a result, FXRE has provided notice to NASDAQ of its
intent to voluntarily delist its common stock from NASDAQ. On or
about April 24, 2009, FXRE will file a Form 25 with the Securities
and Exchange Commission relating to the delisting. The delisting is
expected to be effective 10 calendar days after filing the Form 25.
FXRE anticipates that the last day of trading for its common stock
on The NASDAQ Global Market will be on or about May 4, 2009. FXRE
will seek to have its common stock quoted on the Over-The-Counter
Bulletin Board shortly after the date of delisting from The NASDAQ
Global Market, though FXRE cannot provide any assurances in this
regard.
FXRE further announced that on April 9, 2009, as a result of its
Las Vegas subsidiaries continuing to be in default under the $475
million mortgage loan secured by their Las Vegas property, the
first lien lenders sent a Notice of Breach and Election to Sell,
which initiates the trustee sale procedure against the Las Vegas
property to satisfy the principal amount of $259 million and other
obligations owed to them under the mortgage loan and secured by the
property.
Under Nevada law, the Las Vegas subsidiaries have the legal
right to cure the default during a 35-day redemption period that
expires on May 18, 2009 or else the Las Vegas property may be sold
thereafter in accordance with Nevada law (the process takes
approximately 120 days) in a trustee sale to satisfy the first lien
lenders� obligations secured by the property. Neither FXRE nor its
subsidiaries are able to cure the default. Consequently, FXRE and
the Las Vegas subsidiaries are considering all possible legal
options, including bankruptcy proceedings. FXRE cannot guarantee to
what extent, if any, such actions may be viable or effective.
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