ADVENTRX Receives Notice From NYSE Amex
02 Junho 2009 - 5:12PM
PR Newswire (US)
Going concern qualification in Annual Report SAN DIEGO, June 2
/PRNewswire-FirstCall/ -- ADVENTRX Pharmaceuticals, Inc. (NYSE
Amex: ANX) today announced that, on June 1, 2009, it was notified
by staff of the NYSE Amex (formerly, the American Stock Exchange)
that a review of the Company's Form 10-Q for the period ended March
31, 2009 indicated that the Company is not in compliance with the
NYSE Amex's continued listing standards as set forth in Part 10 of
the NYSE Amex's Company Guide. In order to maintain its listing,
the Company must submit a plan by July 1, 2009 addressing how it
intends to regain compliance by December 1, 2010. Subject to the
plan being accepted by the NYSE Amex, the Company would have until
December 1, 2010 to implement the plan, during which time the
Company would be subject to periodic review to determine whether it
is making progress consistent with the plan. If the Company has
made a reasonable demonstration of an ability to regain compliance
with the continued listing standards within the specified
timeframe, the plan will be accepted. The Company has verbally
informed the NYSE Amex staff that it intends to submit a plan to
resolve listing deficiencies and to regain compliance with the NYSE
Amex continued listing requirements. The NYSE Amex staff indicated
that the Company is not in compliance with Section 1003(a)(ii) of
the NYSE Amex Company Guide with stockholders' equity of less than
$4,000,000 and losses from continuing operations and net losses in
three of its four most recent fiscal years and Section 1003(a)(iii)
of the NYSE Amex Company Guide with stockholders' equity of less
than $6,000,000 and losses from continuing operations and net
losses in its five most recent fiscal years. In addition, on March
27, 2009, the Company filed with the U.S. Securities and Exchange
Commission an Annual Report on Form 10-K in which the Company's
auditors included a "going concern" qualification in its report,
dated March 25, 2009. The Company's auditors indicated that the
Company had suffered recurring losses from operations and negative
cash flows from operations that raised substantial doubt about the
Company's ability to continue as a going concern. This press
release is issued pursuant to Sections 402 and 610 of the NYSE Amex
Company Guide. About ADVENTRX Pharmaceuticals ADVENTRX
Pharmaceuticals is a biopharmaceutical company whose proprietary
product candidates are designed to improve the safety and
commercial potential of existing cancer treatments. The Company has
an immediate need to raise additional capital to support its
operations. More information can be found on the Company's web site
at http://www.adventrx.com/. Forward Looking Statements ADVENTRX
cautions you that statements included in this press release that
are not a description of historical facts are forward-looking
statements that involve risks and assumptions that, if they
materialize or do not prove to be accurate, could cause ADVENTRX's
results to differ materially from historical results or those
expressed or implied by such forward-looking statements. These
risks and uncertainties include, but are not limited to: the risk
that the NYSE Amex will suspend dealings in, or remove from the
list, ADVENTRX's common stock; the risk that the NYSE Amex does not
accept ADVENTRX's plan to regain compliance with the NYSE Amex's
continued listing standards, and the risk that ADVENTRX fails to
execute such plan to the satisfaction of the NYSE Amex staff; the
risk that ADVENTRX will liquidate its assets, entirely wind-down
its operations and dissolve; the risk that, based on its current
working capital, and the estimated costs associated with seeking
approval for and implementing a plan of liquidation, ADVENTRX's
remaining capital available for distribution to its stockholders,
if any, will be insignificant; the risk that ADVENTRX will be
unable to consummate a strategic or partnering transaction or
otherwise raise sufficient capital on a timely basis, or at all, to
continue as a going concern, including as a result of negative
perceptions of the data from ADVENTRX's bioequivalence study of
ANX-514; the risk that ADVENTRX will trigger a "maintenance
failure" under that certain Rights Agreement, dated July 27, 2005,
as amended, and be required to pay liquidated damages, including as
a result of losing its eligibility to use Form S-3 if its common
stock is delisted from the NYSE Amex or ADVENTRX is not timely in
its filings with the Securities and Exchange Commission; the risk
that ADVENTRX's recent cost-containment measures, including the
discontinuation of substantially all of its development activities
and fundamental business operations and reduction in force to a
small, select number of full-time employees, will negatively impact
ADVENTRX's ability to raise capital; the potential for regulatory
authorities to require additional preclinical work and/or clinical
activities to support regulatory filings, including prior to the
submission or the approval of a New Drug Application for ANX-530
and ANX-514, and the impact of increased uncertainty regarding the
need for such activities on strategic, partnering and
capital-raising transactions; difficulties or delays in
manufacturing, obtaining regulatory approval for and marketing
ANX-530 and ANX-514, including validating commercial manufacturers
and suppliers and the potential for automatic injunctions regarding
FDA approval of ANX-514; and other risks and uncertainties more
fully described in ADVENTRX's press releases and periodic filings
with the Securities and Exchange Commission. ADVENTRX's public
filings with the Securities and Exchange Commission are available
at http://www.sec.gov/. You are cautioned not to place undue
reliance on these forward-looking statements, which speak only as
of the date when made. ADVENTRX does not intend to revise or update
any forward-looking statement set forth in this press release to
reflect events or circumstances arising after the date on which it
was made. DATASOURCE: ADVENTRX Pharmaceuticals, Inc. CONTACT: Brian
M. Culley, Principal Executive Officer of ADVENTRX Pharmaceuticals,
Inc., +1-858-552-0866, Fax, +1-858-552-0876 Web Site:
http://www.adventrx.com/
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