HARBIN, China, May 7, 2013 /PRNewswire/ -- China Botanic
Pharmaceutical Inc. (AMEX: CBP) (formerly Renhuang Pharmaceuticals,
Inc.) ("China Botanic" or the "Company"), a developer, manufacturer
and distributor of botanical products, bio-pharmaceuticals and
traditional Chinese medicines ("TCM") in China, announced today that on May 2, 2013, it received a notice
("Delisting Notice") from the NYSE MKT LLC ("Exchange") indicating
that based on the Company's noncompliance with its compliance plan
previously submitted by the Company on February 7, 2013 to regain compliance with
Sections 134 and 1101 of the NYSE MKT Company Guide ("Company
Guide") by May 1, 2013 (the
"Compliance Plan"), the Exchange has made a determination to delist
the common stock of the Company from the Exchange. The
Delisting Notice indicated that under Sections 1203 and 1009(d) of
the Company Guide, the Company has a limited right to appeal the
Exchange's determination by requesting an oral hearing or a hearing
based on a written submission before the Exchange's Listing
Qualifications Panel ("Panel"). In order to request a
hearing, the Company must submit its appeal request and pay
the required fee by May 9,
2013. If the Company does not elect to appeal the
determination by May 9, 2013, the
determination will be final and the Exchange will proceed to file
an application with the Securities and Exchange Commission to
delist the Company's common stock from the Exchange.
As previously announced, on January 31,
2013, the Company received a notice of failure to satisfy a
continued listing standard from the Exchange as a result of the
Company's failure to timely file its Form 10-K for the fiscal year
ended October 31, 2013.
In response to the letter dated January 31,
2013, the Company submitted a plan of compliance (the
"Plan") on February 14, 2013,
outlining the actions that the Company has taken and the Company's
plans to bring it back into compliance by May 1, 2013. The Plan was accepted on
March 1, 2013. On March 27, 2013, the Company received another
notice of failure to satisfy a continued listing standard from the
Exchange as a result of the Company's failure to timely file its
Form 10-Q for the period ended January 31,
2013. Due to the similar nature of the deficiencies in the
notices and the inclusion of the filing timeline of the Form 10-Q
in the Plan, the Company was not required to submit another
plan of compliance. The Company was advised that it was
subject to the procedures and requirements of Section 1009 of the
Company Guide as a result of the delinquent filings. In
addition, it was advised that if the Company did not bring it back
into compliance with all of the Exchange's continued listing
standards within the timeframe provided or did not make progress
consistent with the Plan during such plan period, the Exchange
staff would initiate delisting proceedings as
appropriate.
The Company was unable to file its Form 10-K and Form 10-Q
pursuant to the Plan. Due to new developments resulting in
Company's failure to meet the milestones set in the Plan, on
April 12, 2013, the Company submitted
an amended compliance plan and requested an extension until
June 15, 2013 to regain compliance
(the "Revised Plan"). Subsequently on April 24, 2013, the Company requested an
additional extension of its compliance end date to July 15, 2013. In light of the Company's
failure to make progress consistent with the Plan and review of
materials provided and discussions with the Company and its
representatives, the request for an extension of its compliance end
date to July 15, 2013 was
denied. The Exchange indicated in the Delisting Notice that
it did not believe the Company has provided a reasonable
demonstration of its ability to regain compliance in such
timeframe.
The Company intends to appeal the Exchange's determination by
requesting a hearing by written submission before the Panel, which
request will stay the delisting determination until at least such
time as the Panel renders a determination following the hearing.
The Company anticipates that the hearing will take place in
approximately six (6) to eight (8) weeks time. The Company is
undertaking steps to address the deficiencies raised by the
Exchange. However, there can be no assurance that the Company will
be successful in its appeal and that the Company's request for
continued listing will be granted.
ABOUT CHINA BOTANIC
PHARMACEUTICAL INC.
China Botanic Pharmaceutical Inc. is engaged in the research,
development, manufacturing, and distribution of botanical products,
bio-pharmaceutical products, and traditional Chinese medicines
("TCM"), in the People's Republic of
China. All of the Company's products are produced at its
three GMP-certified production facilities in Ah City, Dongfanghong
and Qingyang. The Company distributes its botanical anti-depression
and nerve-regulation products, biopharmaceutical products, and
botanical antibiotic and OTC TCMs through its network of over 3,000
distributors and over 70 sales centers across 24 provinces in
China. For more information,
please visit www.renhuang.com.
Safe Harbor Statement
This press release contains certain statements that may
include forward-looking statements within the meaning of the
Private Securities Litigation Reform Act of 1995. Such statements
are based upon management's beliefs, assumptions and expectations
of the Company's future operations and financial performance,
taking into account the information currently available to
management. These statements are not statements of historical fact.
Forward-looking statements involve risks and uncertainties, some of
which are not currently known that may cause actual results,
performance or financial condition to be materially different from
the expectations of future results, performance or financial
condition expressed or implied in any forward-looking statements.
These forward-looking statements are based on current plans and
expectations and are subject to a number of uncertainties
including, but not limited to, the Company's ability to manage
expansion of its operations effectively, and other factors detailed
in the Company's annual report on Form 10-K and other filings with
the Securities and Exchange Commission. The Company
undertakes no obligation to publicly update or revise any
forward-looking statements, whether as a result of new information,
future events or otherwise. You are cautioned not to unduly rely on
such forward-looking statements when evaluating the information
presented herein.
Company
Contact:
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China
Botanic Pharmaceutical Inc.
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Ms. Portia
Tan, IR Contact
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Tel:
86-451-8260-2162
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Email:
ir@renhuang.com
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SOURCE China Botanic Pharmaceutical Inc.