Implant Sciences Corporation (NYSE Alternext US: IMX), an
established supplier of systems and sensors for the homeland security
market and related industries, today announced it received notice, on
November 5, 2008, from the NYSE Alternext US, LLC (the "Exchange”),
that the Company is not in compliance with certain of the Exchange’s
continued listing standards as set forth in Part 10 of the Exchange’s
Company Guide (the "Company Guide”).
Specifically, after reviewing the Company’s
Annual Report on Form 10-K for the fiscal year ended June 30, 2008, the
Exchange has determined that the Company is not in compliance with
Section 1003(a)(iv) of the Company Guide because the Company "has
sustained losses which are so substantial in relation to its overall
operations or its existing financial resources, or its financial
condition has become so impaired that it appears questionable, in the
opinion of the Exchange, as to whether the Company will be able to
continue operations and/or meet its obligations as they mature.”
On May 12, 2008, the Company announced that it had submitted a plan of
compliance (the "Plan”)
to the Exchange in response to an April 9, 2008 notification by the
Exchange of noncompliance with Section 1003(a)(ii) of the Company Guide
with stockholders equity of less than $4,000,000 and losses from
continuing operations and net losses in three out of its four most
recent fiscal years and Section 1003(a)(iii) of the Company Guide with
stockholders equity of less than $6,000,000 and losses from continuing
operations and net losses in its five most recent fiscal years.
The Company intends to submit a revised Plan to the Exchange on or
before November 19, 2008, which will address the actions the Company has
taken and will take that would bring it into compliance with Section
1003(a)(iv) of the Company Guide by February 5, 2009. The Company’s
common stock will continue to be listed on the Exchange pending the
Exchange’s review of the revised Plan.
Phillip C. Thomas, Implant Sciences’ Chief
Executive Officer, said, "Earlier today, we
announced the denial of a motion by Evans Analytical Group, LLC to
attach substantial portions of our assets prior to any final judgment on
the merits of Evans’ claims in the litigation
over the sale of our Accurel Systems assets. We hope that this news,
together with the previously announced restructuring of our obligations
to Laurus Master Fund into April 2009 and other initiatives we have
implemented or are attempting to implement, will demonstrate to the
Exchange that we will be able to regain compliance with all continued
listing requirements on a timely basis.”
The Company will remain subject to the conditions set forth in the
Exchange’s notification of April 9, 2008.
Accordingly, if the Company’s revised Plan is
not accepted, the Company’s common stock may
be subject to delisting proceedings. If the revised Plan is accepted,
but the Company is not in compliance with all of the Exchange’s
continued listing standards by October 9, 2009 or does not make progress
consistent with the revised Plan prior to that date, the common stock
may be subject to delisting proceedings.
About Implant Sciences
Implant Sciences develops, manufactures and sells sophisticated sensors
and systems for the Security, Safety and Defense (SS&D) industries. The
Company has developed proprietary technologies used in its commercial
portable and bench-top explosive trace detection systems which ship to a
growing number of locations domestically and internationally. For
further details on the Company and its products, please visit the Company’s
website at www.implantsciences.com.
Safe Harbor Statement
This press release may contain certain "forward-looking
statements,” as that term is defined in the
Private Securities Litigation Reform Act of 1995. Such statements are
based on management’s current expectations
and are subject to risks and uncertainties that could cause the Company’s
actual results to differ materially from the forward-looking statements.
Such risks and uncertainties include, but are not limited to, the Company’s
ability to successfully develop a compliance plan that will be
satisfactory to the NYSE Alternext US and, if accepted, execute upon the
compliance plan so as to regain compliance with the NYSE Alternext US
listing standards within the prescribed timeframes; if the NYSE
Alternext US delists our common stock, it may be extremely difficult to
raise capital; an adverse determination in the litigation related to our
sale of the assets of our Accurel subsidiary would have a material
adverse effect on our financial condition and results of operations and
could require us to file for protection under bankruptcy laws; if we are
unable to redeem the Series D Preferred Stock on April 10, 2009, Laurus
may seize our assets and we may be forced to curtail or discontinue
operations entirely; and other risks and uncertainties described in the
Company’s filings with the Securities and
Exchange Commission, including its most recent Forms 10-K, 10-Q and 8-K.
Such statements are based on management's current expectations and
assumptions which could differ materially from the forward-looking
statements.
For further information, you are encouraged to review Implant Sciences’
filings with the Securities and Exchange Commission, including its
Annual Report on Form 10-K, as amended, for the period ended June 30,
2008. The Company assumes no obligation to update the information
contained in this press release.