Esmark Incorporated Receives Notice from NASDAQ Due to Delay in Filing Its 2008 First Quarter Form 10-Q
23 Mayo 2008 - 3:30PM
Business Wire
Esmark Incorporated (NASDAQ: ESMK) (the "Company") announced that,
as expected, on May 20, 2008, the Company received notification
from the NASDAQ Stock Market that the Company is not in compliance
with NASDAQ Marketplace Rule 4310(c)(14) for continued listing,
because of its failure to file its Quarterly Report on Form 10-Q
for the quarter ended March 31, 2008. This notice constitutes an
additional basis for delisting the Company's securities from The
NASDAQ Stock Market, and this additional basis for delisting will
be considered when the Company appears before the NASDAQ Listing
Qualifications Panel on June 12, 2008. Any suspension of trading
and the delisting from The NASDAQ Stock Market is stayed pending
the issuance of a written decision by the hearing panel.
Previously, the Company had received a similar notice, dated April
17, 2008 from the NASDAQ staff after the Company failed to timely
file its Annual Report on Form 10-K for the year ended December 31,
2007. The Company filed its 2007 Annual Report on Form 10-K on May
20, 2008 and believes it is now in compliance with NASDAQ
Marketplace Rule 4310(c)(14) with respect to such filing. The
Company also expects that it will be in compliance with such Rule
when it files its Form 10-Q, which the Company anticipates filing
prior to the hearing date. This press release contains
forward-looking statements within the meaning of Section 21E of the
Securities Exchange Act of 1934, as amended, relating to the filing
of the Company's periodic reports with the SEC and the listing of
the Company's securities with NASDAQ. These forward-looking
statements are based on current expectations and assumptions that
are subject to risks and uncertainties that could cause actual
results to differ materially. These risks and uncertainties
include, among others, factors relating to (i) the possibility that
NASDAQ may reject the Company's requests and, as a result, delist
the Company's common stock, (ii) in the event that the Company is
successful in obtaining its requests from NASDAQ, the Company may
still not be able to file the requisite periodic reports on a
timely basis or otherwise comply with the NASDAQ listing
requirements, which may also result in the delisting of the Company
common stock and (iii) certain other risks detailed in the other
reports and filings with the SEC by the Company, which identify
important risk factors that could cause actual results to differ
from those contained in the forward-looking statements. In
addition, any forward-looking statements represent the Company's
views only as of today and should not be relied upon as
representing views as of any subsequent date. While the Company may
elect to update forward-looking statements from time to time, it
specifically disclaims any obligation to do so. About Esmark
Incorporated Esmark Incorporated is a vertically integrated steel
producer and distributor, combining steel production capabilities
through both blast furnace and electric arc furnace technologies
with the just-in-time delivery of value-added steel products to a
broad customer base concentrated in the Ohio Valley and Midwest
regions. Currently headquartered in Wheeling, WV, the Company is a
producer of carbon flat-rolled products for the construction,
container, appliance, converter/processor, steel service center,
automotive and other markets. The company's products include
various sheet products such as hot rolled, cold rolled, hot dipped
galvanized, electro-galvanized, black plate and electrolytic
tinplate. More information about Esmark can be found at
www.esmark.com.
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