SEATTLE, WA, Jul 29, 2009 (MARKETWIRE via COMTEX) -- Targeted Genetics Corporation (NASDAQ: TGEN) today announced that,
on July 23, 2009, it received a letter from the Nasdaq Stock Market
indicating that the Company has failed to regain compliance with
Nasdaq Listing Rule 5550(b), which requires companies listed on the
Nasdaq Capital Market to maintain a minimum of $2.5 million in
shareholders' equity, $35 million in market value of listed
securities or $500,000 in net income from continuing operations. The
Nasdaq staff has therefore determined to delist the Company's common
stock from the Nasdaq Capital Market effective at the opening of
business on August 3, 2009. The Nasdaq staff determination follows
an April 8, 2009 notification letter from the Nasdaq Stock Market,
which was previously announced by the Company on April 14, 2009.
The Company intends to appeal the Nasdaq staff's determination by
requesting a hearing before a Nasdaq listing qualifications panel. A
timely request will stay the delisting of the Company's securities
until the hearing is completed and the hearing panel has issued a
written decision. The hearing date will be determined by Nasdaq and
should occur within 45 calendar days from the date of the request.
There can be no assurance that, following the hearing, the panel will
grant the Company's request for continued listing on the Nasdaq
Capital Market.
The Company reported a shareholders' equity deficit of $3.8 million
in its annual report on Form 10-K for the year ended December 31,
2008 and a shareholders' equity deficit of $5.4 million in its
quarterly report on Form 10-Q for the quarter ended March 31, 2009.
This negative net worth resulted from the Company's restructuring
charges totaling $7.6 million at December 31, 2008 and March 31,
2009, which related to obligations under the Company's lease for its
Bothell facility, in combination with the goodwill impairment charge
of $7.9 million recorded for the fourth quarter of 2008. As
previously announced, the Company has since terminated the lease for
the Bothell facility and reversed approximately $7 million of the
restructuring charge liability from its balance sheet, but its
shareholders' equity remains below the $2.5 million required by Rule
5550(b).
As previously announced, the Company is also in non-compliance with
the $1.00 minimum bid price required for continued listing on the
Nasdaq Capital Market under Listing Rule 5550(a)(2). The Nasdaq Stock
Market has suspended enforcement of this requirement until July 31,
2009, at which time the Company will have five business days, or
until August 7, 2009, to evidence compliance with the minimum $1.00
per share bid price rule. If, on August 7, 2009, the Company meets
all of the Nasdaq Capital Market's initial listing criteria (other
than the bid price criterion) but has not regained bid price
compliance, the Company will be afforded an additional 180 calendar
days to demonstrate compliance. If the Company does not meet the
initial listing criteria on that date and has not regained bid price
compliance, the Company will receive written notification from Nasdaq
that the bid price deficiency serves as an additional basis for
delisting the Company's securities. The Company plans to address any
continuing issue of non-compliance with the bid price requirement in
connection with the hearing before the Nasdaq panel discussed above.
If the Company is delisted from the Nasdaq Capital Market, its common
stock may be traded over-the-counter on the OTC Bulletin Board or in
the "pink sheets" if one or more market makers seeks and obtains
approval by the Financial Industry Regulatory Authority (FINRA) to
continue quoting in the Company's common stock. The over-the-counter
market, however, is generally considered to be less efficient than
the Nasdaq Capital Market. Many over-the-counter stocks trade less
frequently and in smaller volumes than securities traded on the
Nasdaq markets, which would likely have a material adverse effect on
the liquidity and value of the Company's common stock.
About Targeted Genetics Corporation
Targeted Genetics Corporation is a biotechnology company committed to
the development of innovative therapies for the prevention and
treatment of diseases with significant unmet medical need. A key
area of focus for Targeted Genetics is applying its proprietary
Adeno-Associated Virus (AAV) technology platform to deliver genetic
constructs to increase gene function or silence gene function.
Targeted Genetics' lead product development efforts target ocular and
neurological indications, two therapeutic areas where AAV delivery
may have competitive advantages over other therapeutic modalities.
To learn more about Targeted Genetics, visit its website at
www.targetedgenetics.com.
Safe Harbor Statement under the Private Securities Litigation Reform
Act of 1995:
This release contains forward-looking statements, including
statements regarding the Company's potential delisting from the Nasdaq
Capital Market, the process for appealing the Nasdaq staff
determination to delist the Company's securities and potential
trading of the Company's securities on the over-the-counter market.
These statements involve current expectations, forecasts of future
events and other statements that are not historical facts.
Inaccurate assumptions and known and unknown risks and uncertainties
can affect the accuracy of forward-looking statements and cause
actual results to differ materially from those expected or implied by
the forward-looking statements. Factors that could affect actual
future events or results include, but are not limited to, the risk
that the Company will not be able to enter into one or more strategic
transactions and/or to sell or otherwise monetize its assets, the risk
that the Company will not be able to raise capital or secure other
financial resources in the very near term and will be required to
cease its operations or otherwise wind up its business, the risk that
the Company will be unable to regain compliance with the Nasdaq
Capital Market listing requirement for shareholders' equity, market
value of listed securities or net income and/or the listing
requirement for minimum bid price and that its appeal to the Nasdaq
listing qualifications panel will not be timely filed or will be
unsuccessful, resulting in the inability of the Company to maintain
its listing on the Nasdaq Capital Market, the risk that an
over-the-counter market will not trade the Company's shares if the
Nasdaq Capital Market delists the Company, the risk that the Company
will run out of cash earlier than expected, the risk that the Company
will be unable to meet its obligations under its Bothell lease
termination agreement, which would result in the Company not being
released from its obligations under the Bothell lease (which would
result in, among other things, restructuring charges on the Company's
balance sheet that would significantly impact the Company's
shareholders' equity), the risk that the Company will be unable to
meet its obligations under the amendment to its headquarters facility
lease (which would result in the Company's inability to terminate the
lease without further obligations or continue the lease if desired)
and the risk factors described in the section entitled "Risk Factors"
in Part I, Item 1A of the Company's quarterly report on Form 10-Q for
the quarter ended March 31, 2009, filed with the Securities and
Exchange Commission. You should not rely unduly on these
forward-looking statements, which apply only as of the date of this
release. The Company undertakes no duty to publicly announce or
report revisions to these statements as new information becomes
available that may change the Company's expectations.
Investor and Media Contact:
Stacie D. Byars
206.660.2588
Email Contact
SOURCE: Targeted Genetics