Cognos(R) Provides Status Update
10 Julio 2006 - 5:10PM
PR Newswire (US)
OTTAWA, and BURLINGTON, Mass., July 10 /PRNewswire-FirstCall/ --
Cognos (Nasdaq: COGN; TSX: CSN) today provides the following update
in accordance with Ontario Securities Commission ("OSC") guidelines
pursuant to which a management and insider cease trade order was
issued by the OSC. Cognos continues to work with the Staff of the
Division of Corporation Finance of the Securities and Exchange
Commission ("SEC") to conclude its ongoing review by the SEC. As
Cognos previously announced, its delay in filing its U.S. and
Canadian annual filings and in releasing first quarter results is
based on this ongoing review which may impact the manner in which
Cognos allocates revenue. For the same reason, Cognos today
announced that it has delayed filing its Quarterly Report on Form
10-Q for the fiscal quarter ended May 31, 2006 ("Form 10-Q") which
is due today, July 10, 2006. As a result of this delay in filing
its Form 10-Q, Cognos today received a NASDAQ Staff Determination
letter dated July 10, 2006 to the effect that Cognos is
non-compliant with the requirement to file all reports required to
be filed with the SEC, as set forth in NASDAQ Marketplace Rule
4310(c)(14). This letter is in addition to a similar letter from
NASDAQ relating to Cognos' delay in filing its Annual Report on
Form 10-K for the fiscal year ended February 28, 2006 ("Form
10-K"). Cognos executives appeared before the NASDAQ Listing
Qualifications Panel ("Panel") on June 29, 2006 and requested an
extension to the filing requirement for its Form 10-K. The Panel
will also consider Cognos' hearing request as a request for an
extension to file its Form 10-Q. Cognos is unable to provide an
assurance as to the outcome of the SEC review or the NASDAQ
hearing. As contemplated by OSC guidelines, Cognos will continue to
provide bi-weekly updates by means of a press release until such
time as it is current with its filing obligations under Canadian
securities laws. Cognos will provide the next update on or about
July 24, 2006. Safe Harbor for Forward-Looking Statements: Certain
statements made in this Press Release that are not based on
historical information are forward-looking statements which are
made pursuant to the safe harbor provisions of Section 21E of the
Securities Exchange Act of 1934 and Section 138.4(9) of the Ontario
Securities Act. Such forward-looking statements relate to, among
other things, Cognos' continuing efforts to conclude the SEC
review; the potential outcome of that review; NASDAQ's
consideration of Cognos' hearing request with respect to an
extension for the Form 10-Q; and Cognos' expectations regarding
future updates. These forward-looking statements are neither
promises nor guarantees, but involve risks, factors and
uncertainties that may cause actual results to differ materially
from those in the forward-looking statements. Factors that may
cause such differences include, but are not limited to: the outcome
of the SEC Staff review and discussions and any potential SEC
inquiry; the impact of the implementation of changes in the
application of accounting pronouncements and interpretations; the
outcome of Cognos' hearing before the NASDAQ Listing Qualifications
Panel; NASDAQ's determination whether to grant an extension for the
Form 10-Q; the status of and any actions in connection with the
management and insider cease trade order; rules and pronouncements
of foreign jurisdictions and their interpretation by foreign
courts, tribunals, regulatory and similar bodies; and the risk
factors and other disclosures discussed in Cognos' most recent
Annual Report on Form 10-K, Quarterly Reports on Form 10-Q and
Forms 12b-25, filed with the SEC and the Canadian Securities
Administrators ("CSA"), as well as other periodic reports filed
with the SEC and the CSA. Readers should not place undue reliance
on any such forward-looking statements, which speak only as of the
date they are made. Except as otherwise required by law, Cognos
disclaims any obligation to publicly update or revise any such
statement to reflect any change in its expectations or in events,
conditions, or circumstances on which any such statements may be
based, or that may affect the likelihood that actual results will
differ from those contained in the forward-looking statements.
About Cognos: Cognos, the world leader in business intelligence and
performance management solutions, provides world-class enterprise
planning and BI software and services to help companies plan,
understand and manage financial and operational performance. Cognos
brings together technology, analytical applications, best
practices, and a broad network of partners to give customers a
complete performance system. The Cognos performance system is an
open and adaptive solution that leverages an organization's ERP,
packaged applications, and database investments. It gives customers
the ability to answer the questions -- How are we doing? Why are we
on or off track? What should we do about it? -- and enables them to
understand and monitor current performance while planning future
business strategies. Cognos serves more than 23,000 customers in
more than 135 countries, and its top 100 enterprise customers
consistently outperform market indexes. Cognos performance
management solutions and services are also available from more than
3,000 worldwide partners and resellers. For more information, visit
the Cognos Web site at http://www.cognos.com/. Cognos and the
Cognos logo are trademarks or registered trademarks of Cognos
Incorporated in the United States and/or other countries. All other
names are trademarks or registered trademarks of their respective
companies. Media Contact: Sean Reid Cognos, 613-738-1440 Kristen
Orfanos LP&P, 781-782-5852 Investor Relations: John Lawlor
613-738-3503 DATASOURCE: Cognos CONTACT: Media Contact: Sean Reid
of Cognos, +1-613-738-1440, ; Kristen Orfanos of LP&P, for
Cognos, +1-781-782-5852, ; or Investor Relations: John Lawlor of
Cognos, +1-613-738-3503, Web site: http://www.cognos.com/
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