Selectica, Inc. (Nasdaq:SLTC), a leading provider of enterprise contract
lifecycle management and sales configuration solutions, today announced
that it received a letter of reprimand from the Listing Qualifications
Staff of the NASDAQ Stock Market for non-compliance with the independent
audit, nominating and compensation committee requirements set forth in
NASDAQ Listing Rule 5605 and failure to notify Nasdaq of non-compliance
with the listing rules, as required by Listing Rule 5625. The Staff
notified the company that it has completed its review and deemed it
appropriate to close the matter, based in part upon the prompt
corrective actions taken by the company after discovering the compliance
issues.
On July 9, 2009 Selectica announced in its Form 10-K that in early 2009,
Selectica’s Board of Directors reviewed its governance policies and
practices, including the roles and compensation of Mr. Thanos and Ms.
Zawatski. The Board concluded that their responsibilities as Co-Chairs
of the Board had evolved to the point that collectively they were acting
in the capacity of Chief Executive Officer, and were no longer
independent directors within the meaning of applicable rules of The
Nasdaq Global Market. As a result, Mr. Thanos and Ms. Zawatski
immediately resigned from the audit, compensation and nominating
committees of the Board.
The Listing Qualifications Department determined that the failures did
not appear to have been deliberate and that there is no pattern of
non-compliance. The Listing Qualifications Department concluded that the
Company inadvertently violated the Marketplace Rules.
About Selectica, Inc.
Selectica (NASDAQ:SLTC) provides Global 2000 companies with solutions
that automate complex contract management and sales configuration
processes. Selectica's enterprise solutions streamline critical business
functions including sales, procurement, and corporate governance, and
enable companies to eliminate risk, increase revenue, and cut costs.
Selectica customers represent leaders in manufacturing, technology,
retail, healthcare, and telecommunications, including Bell Canada,
Cisco, Covad Communications, Fujitsu, Hitachi, International Paper,
ManTech, Levi Strauss & Co., Qwest Communications, and Rockwell
Automation. For more information, visit www.selectica.com.
Forward Looking Statements
Certain statements in this release and elsewhere by Selectica are
forward-looking statements within the meaning of the federal securities
laws and the Private Securities Litigation Reform Act of 1995. Such
information includes, without limitation, business outlook, assessment
of market conditions, anticipated financial and operating results,
strategies, future plans, contingencies and contemplated transactions of
the Company. Such forward-looking statements are not guarantees of
future performance and are subject to known and unknown risks,
uncertainties and other factors which may cause or contribute to actual
results of Company operations, or the performance or achievements of the
Company or industry results, to differ materially from those expressed,
or implied by the forward-looking statements. In addition to any such
risks, uncertainties and other factors discussed elsewhere herein,
risks, uncertainties and other factors that could cause or contribute to
actual results differing materially from those expressed or implied for
the forward-looking statements include, but are not limited to the
on-going global recession; fluctuations in demand for Selectica's
products and services; government policies and regulations, including,
but not limited to those affecting the Company's industry; and risks
related to the Company's past stock granting policies and related
restatement of financial statements. Selectica undertakes no obligation
to publicly update any forward-looking statements, whether as a result
of new information, future events or otherwise. Additional risk factors
concerning the Company can be found in the Company's most recent Form
10-K, and other reports filed by the Company with the Securities and
Exchange Commission.