Galaxy Nutritional Foods to Submit Compliance Plan to American Stock Exchange
30 Septiembre 2005 - 4:30PM
PR Newswire (US)
ORLANDO, Fla., Sept. 30 /PRNewswire-FirstCall/ -- Galaxy
Nutritional Foods, Inc. (AMEX:GXY) today announced that on
September 29, 2005, it received a deficiency letter from the
American Stock Exchange ("AMEX") advising that, based on the
Exchange's review of the Company's Quarterly Report on Form 10-Q
for the three months ended June 30, 2005, the Company is not in
compliance with Amex's continued listing requirements.
Specifically, the AMEX notice stated that the Company is not in
compliance with (i) Section 1003(a)(i) of the AMEX Company Guide,
because the Company's shareholders' equity is less than $2,000,000
and it sustained losses from continuing operations and/or net
losses in two out of its three most recent fiscal years; (ii)
Section 1003(a)(ii) of the AMEX Company Guide, because the
Company's shareholders' equity is less than $4,000,000 and it
sustained losses from continuing operations and/or net losses in
three out of its four most recent fiscal years; and (iii) Section
1003(a)(iv) of the AMEX Company Guide, because the Company has
sustained losses that are so substantial in relation to its overall
operations or its existing financial resources, or its financial
condition has become so impaired that it appears questionable, in
the opinion of AMEX, as to whether the Company will be able to
continue operations and/or meet its obligations as they mature. In
the AMEX notice, AMEX also noted that within five days of September
29, 2005, the Company will be included in a list of issuers, which
is posted daily on the AMEX website, that are not in compliance
with AMEX's continued listing standards and ".BC" will be appended
to the Company's ticker symbol whenever the Company's symbol is
transmitted with a quotation or trade. The website posting and
indicator will remain in effect until the Company has regained
compliance with all applicable continued listing standards. The
AMEX notice requires the Company to submit a plan by October 28,
2005, advising AMEX of any action it has taken, or will take, that
would bring the Company into compliance with Sections 1003(a)(i)
and 1003(a)(ii) of the AMEX Company Guide within a maximum of 18
months of the date of the AMEX notice and Section 1003(a)(iv) of
the AMEX Company Guide within a maximum of 6 months of the date of
the AMEX notice. The AMEX notice states that if the Company does
not submit a plan, or submits a plan that is not accepted, the
Company may be subject to delisting proceedings. The Company
intends to submit a plan to AMEX by October 28, 2005 advising AMEX
of any action the Company has taken, or will take, to bring the
Company into compliance with the listing requirements within the
time periods required by AMEX. It is anticipated that the
compliance plan will note, among other things, the Company's
previously disclosed agreement to outsource its production
requirements and sell its manufacturing assets to Schreiber Foods
Inc. Proceeds from the sale of the manufacturing assets will allow
the Company to repay in full its term loan with Beltway Capital
Partners, LLC, which was recently assigned from Wachovia Bank and
to significantly reduce its debt service going forward. Galaxy
management believes that, following the full implementation of the
outsourcing agreement with Schreiber Foods Inc., the Company should
be operating on a positive cash flow-positive basis and its
operating results should be greatly improved. About Galaxy
Nutritional Foods, Inc. Galaxy Nutritional Foods(R) is the leading
producer of health-promoting plant-based dairy and dairy-related
alternatives for the retail and foodservice markets. An exclusive,
new and technologically advanced, safer "hot process" is used to
produce these phytonutrient-enriched products, made from nature's
best grains -- soy, rice and oats. Veggie products are low fat and
fat free (saturated fat and trans-fatty acid free), cholesterol and
lactose free, are growth hormone and antibiotic free, and have more
calcium, vitamins and other minerals than conventional dairy
products. Because they are made with plant proteins, the products
are more environmentally friendly and economically efficient than
dairy products derived solely from animal proteins. Galaxy's
products are part of the healthy and natural foods category, the
fastest growing segment of the retail food market. Galaxy brand
names include: Galaxy Nutritional Foods(R); Veggie(R); Veggie
Nature's Alternative(TM); Veggie Slices(R); Soyco(R); Soymage(R);
Wholesome Valley(R); Lite Bakery(R); and Galaxy Nutritional Foods
Smart Choice Cheese Products(R). For more information, please visit
Galaxy's website at: http://www.galaxyfoods.com/ . Galaxy
Nutritional Foods, Inc. is headquartered in Orlando, Florida, and
its common stock is listed on the American Stock Exchange under the
ticker symbol "GXY". THIS PRESS RELEASE CONTAINS "FORWARD-LOOKING"
STATEMENTS WITHIN THE MEANING OF THE PRIVATE SECURITIES LITIGATION
REFORM ACT OF 1995. SUCH FORWARD- LOOKING STATEMENTS INVOLVE KNOWN
AND UNKNOWN RISKS, UNCERTAINTIES, OR OTHER FACTORS WHICH MAY CAUSE
ACTUAL RESULTS, PERFORMANCE OR ACHIEVEMENTS OF THE COMPANY TO BE
MATERIALLY DIFFERENT FROM ANY FUTURE RESULTS, PERFORMANCE OR
ACHIEVEMENTS EXPRESSED OR IMPLIED BY SUCH FORWARD-LOOKING
STATEMENTS. READERS ARE CAUTIONED NOT TO PLACE UNDUE RELIANCE ON
THOSE FORWARD-LOOKING STATEMENTS, WHICH SPEAK ONLY AS OF THE DATE
HEREOF. THE COMPANY UNDERTAKES NO OBLIGATION TO PUBLICLY RELEASE
ANY REVISIONS TO THESE FORWARD-LOOKING STATEMENTS TO REFLECT EVENTS
OR CIRCUMSTANCES AFTER THE DATE HEREOF OR TO REFLECT UNANTICIPATED
EVENTS OR DEVELOPMENTS. DATASOURCE: Galaxy Nutritional Foods
CONTACT: Dawn M. Robert, Investor Relations, Galaxy Nutritional
Foods, Inc., +1-407-854-0433 Web site: http://www.galaxyfoods.com/
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