DHB Industries, Inc. Receives Additional Notice From the American Stock Exchange of Noncompliance With Certain Continued Listin
09 Junho 2006 - 7:15PM
PR Newswire (US)
POMPANO BEACH, Fla., June 9 /PRNewswire-FirstCall/ -- DHB
Industries, Inc. (AMEX:DHB), a leader in the field of protective
body armor, announced that it had received additional
correspondence from the American Stock Exchange ("Amex"), the
national securities exchange that maintains the principal listing
for the Company's common stock, regarding its continued listing. As
previously disclosed, the Company received notices on April 3, 2006
and May 16, 2006 from the Amex advising the Company of its failure
to satisfy certain of the Amex continued listing standards.
Specifically, the notices relate to the failure of the Company to
timely file its annual report on Form 10-K for the fiscal year
ended December 31, 2005 (the "Form 10-K") and its quarterly report
on Form 10-Q for the fiscal quarter ended March 31, 2006 (the "Form
10-Q") with the Securities and Exchange Commission (the "SEC") as
required by Sections 134 and 1101 of the Amex Company Guide (the
"Company Guide"). Additionally, the notice of May 16, 2006 stated
that in order for the Company to maintain its Amex listing, the
Company must submit an updated plan of compliance to the Amex by
May 23, 2006 advising the Amex of the action the Company has taken,
or will take, that demonstrates the Company's ability to file its
Form 10-K by no later than June 2, 2006 and the Form 10-Q by no
later than June 30, 2006. The Company formally requested via
written correspondence dated May 25, 2006 an extension until June
16, 2006 to file an updated plan of compliance with the Amex
detailing actions the Company would take to file the Form 10-K and
Form 10-Q, and an extension of the June 2 and June 30 deadlines for
filing its Form 10-K and Form 10-Q. On May 25, 2006, the Company
issued a press release and filed a current report on Form 8-K
disclosing that it received a "Wells Notice" on May 23, 2006 from
the staff of the SEC. On May 26, 2006, the Amex instituted a
trading halt on the Company's securities. The Company was advised
that the trading halt was initiated by the Amex due to the Company
not having filed the Form 10-K and the Form 10-Q, and the other
disclosures made by the Company, including the receipt of the
"Wells Notice" and disclosures related to that notice. On June 7,
2006, the Company received an additional notice from the Amex
advising the Company that it did not satisfy certain of the Amex
continued listing standards and responding to the Company's May 25,
2006 letter. The notice states that the staff of the Amex has
determined that the Company is not in compliance with Section
1003(f)(iii) of the Company Guide in that the staff of the Amex
believes that the allegations of the SEC in the "Wells Notice," as
well as internal control deficiencies, raise public interest
concerns. The notice of June 7, 2006 indicates that, in order to
maintain its Amex listing, the Company must submit an updated plan
of compliance to the Amex by June 16, 2006 advising the Amex of the
action the Company has taken, or will take, that demonstrates the
Company's ability to be in compliance with Sections 134, 1101 and
1003(f)(iii) of the Company Guide by no later than August 15, 2006.
There is no assurance that the Amex will accept the Company's plan,
when submitted. If the plan is not accepted, the Company would be
subject to delisting procedures. Additionally, in order to assist
the Amex in its review of the Company's continued listing status
and pursuant to the listing agreements by and between the Company
and the Amex, and Section 132(e) of the Company Guide, the Amex
requests that the Company provide certain supplementary information
to the Amex. As previously disclosed, the Company is also not in
compliance with (i) Section 121(B)(2)(a) of the Company Guide,
which requires that each issuer have, and certify that it has and
will continue to have, an Audit Committee of at least three members
each of whom is independent and (ii) Section 121(B)(2)(a)(ii) of
the Company Guide, which requires that each issuer have, and
certify that it has and will continue to have, at least one member
on its Audit Committee who is deemed financially sophisticated. As
previously disclosed, the notice of May 16, 2006 from the Amex
provides that the Company has until August 30, 2006 to regain
compliance with these sections. The Company has met with the Amex
staff both in person and via telephone. The Company intends to
continue to cooperate with the Amex in its investigation, to
provide a response to the Amex notice of June 7, 2006 as soon as
practicable and to endeavor to maintain its Amex listing. The
Company is unable to predict when trading of the Company's
securities might be reinstated. ABOUT DHB INDUSTRIES, INC. DHB
Industries, Inc.'s Armor Group is in the protective body armor
industry. Its highly recognized subsidiaries, Point Blank Body
Armor Inc. (http://www.pointblankarmor.com/) and Protective Apparel
Corporation of America (PACA) (http://www.pacabodyarmor.com/), are
focused on the design, manufacture, and distribution of bullet
resistant and protective body armor for military, law enforcement,
and corrections in the U.S. and worldwide. DHB Sports Group
produces and markets a comprehensive line of athletic supports and
braces which are merchandised through national superstore chains as
well as through private label distributors. The Company maintains
facilities in Deerfield Beach, FL, Oakland Park, FL, Pompano Beach,
FL, Jacksboro, TN and Arlington, VA. To learn more about DHB
Industries Inc., visit the website at
(http://www.dhbindustries.com/). SAFE HARBOR STATEMENT UNDER THE
PRIVATE SECURITIES LITIGATION REFORM ACT OF 1995: THE STATEMENTS
WHICH ARE NOT HISTORICAL FACTS CONTAINED IN THIS PRESS RELEASE ARE
FORWARD-LOOKING STATEMENTS, WHICH ARE BASED LARGELY ON THE
COMPANY'S EXPECTATIONS AND ARE SUBJECT TO VARIOUS BUSINESS RISKS
AND UNCERTAINTIES, CERTAIN OF WHICH ARE BEYOND THE COMPANY'S
CONTROL. WORDS SUCH AS "EXPECTS," "ANTICIPATES," "TARGETS,"
"GOALS," "PROJECTS," "INTENDS," "PLANS," "BELIEVES," "SEEKS,"
"ESTIMATES," VARIATIONS OF SUCH WORDS, AND SIMILAR EXPRESSIONS ARE
INTENDED TO IDENTIFY SUCH FORWARD-LOOKING STATEMENTS. THESE
FORWARD-LOOKING STATEMENTS ARE ONLY PREDICTIONS THAT SPEAK AS OF
THE DATE HEREOF AND ARE SUBJECT TO RISKS, UNCERTAINTIES AND
ASSUMPTIONS THAT ARE DIFFICULT TO PREDICT. THEREFORE, ACTUAL
RESULTS MAY DIFFER MATERIALLY AND ADVERSELY FROM THOSE EXPRESSED IN
ANY FORWARD-LOOKING STATEMENTS. FACTORS THAT MIGHT CAUSE OR
CONTRIBUTE TO SUCH DIFFERENCES INCLUDE, BUT ARE NOT LIMITED TO, (1)
EXPECTATIONS AS TO THE TIMING OF THE FILING OF THE REPORT ON FORM
10-K FOR THE FISCAL YEAR ENDED DECEMBER 31, 2005 AND THE QUARTERLY
REPORT ON FORM 10-Q FOR THE QUARTERLY PERIOD ENDED MARCH 31, 2006,
(2) ANY LISTING REQUIREMENTS WHICH MAY BE PRESCRIBED OR ANY
DETERMINATION WHICH MAY BE MADE BY THE AMERICAN STOCK EXCHANGE, (3)
UNCERTAINTY OF FUTURE FINANCIAL RESULTS, (4) ADDITIONAL FINANCING
REQUIREMENTS, (5) DEVELOPMENT OF NEW PRODUCTS, (6) GOVERNMENT
APPROVAL PROCESSES, (7) THE IMPACT OF COMPETITIVE PRODUCTS OR
PRICING, (8) TECHNOLOGICAL CHANGES, (9) THE EFFECT OF POLITICAL AND
ECONOMIC CONDITIONS, (10) THE OUTCOME AND IMPACT OF THE CLASS
ACTION AND OTHER LITIGATION TO WHICH THE COMPANY IS A PARTY AND THE
SECURITIES AND EXCHANGE COMMISSION AND OTHER INVESTIGATIONS
REGARDING THE COMPANY, AND (11) OTHER UNCERTAINTIES DETAILED IN THE
COMPANY'S FILINGS WITH THE SECURITIES AND EXCHANGE COMMISSION. YOU
ARE CAUTIONED NOT TO PLACE UNDUE RELIANCE ON THESE FORWARD-LOOKING
STATEMENTS THAT SPEAK ONLY AS OF THE DATE HEREOF. THE COMPANY
UNDERTAKES NO OBLIGATION TO REVISE OR UPDATE PUBLICLY ANY
FORWARD-LOOKING STATEMENTS TO REFLECT ANY CHANGE IN THE
EXPECTATIONS OF OUR MANAGEMENT WITH REGARD THERETO OR ANY CHANGE IN
EVENTS, CONDITIONS, OR CIRCUMSTANCES ON WHICH ANY SUCH STATEMENTS
ARE BASED. Company Contact: Larry Ellis, CAO 954-630-0900
DATASOURCE: DHB Industries, Inc. CONTACT: Larry Ellis, CAO of DHB
Industries, Inc., +1-954-630-0900, Web site:
http://www.dhbindustries.com/ http://www.pointblankarmor.com/
http://www.pacabodyarmor.com/
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