InSite Vision Receives Notice of Delisting From NYSE Alternext US and Will Appeal Decision
2009年3月5日 - 6:00AM
ビジネスワイヤ(英語)
InSite Vision Incorporated (NYSE Alternext US:ISV) today
reported that NYSE Alternext US LLC (formerly known as the American
Stock Exchange), or the Exchange, has notified InSite that it has
not accepted the plan that the company filed in January with regard
to how it intends to regain compliance with Sections 1003(a)(i) and
(ii) of the Exchange�s Company Guide by June 15, 2010, that InSite
no longer complies with the Exchange�s continued listing standards
and that as a result the Company�s common stock is subject to being
delisted from the Exchange. InSite has appealed this determination
and requested an oral hearing before a committee of the Exchange,
which it expects to be heard within the next 45 days.
In addition, the staff of the Exchange notified InSite that
pursuant to Section 1003(f)(v) of the Company Guide, the staff
believes that a reverse stock split is appropriate in view of the
fact that InSite�s common stock has been selling for a substantial
period of time at a low price per share and that the low selling
price of its common stock over the aforementioned period
constituted an additional deficiency with respect to the Exchange�s
continued listing requirements.
As previously disclosed, on December 19, 2008, InSite announced
that it had received notice from the Exchange, advising the company
that it 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. Specifically, the Exchange stated that
the company was not in compliance with Section 1003(a)(i) of the
Company Guide because InSite's stockholders' equity is less than
the required $2,000,000 and it has losses from continuing
operations and net losses in two of its three most recent fiscal
years, and is not in compliance with Section 1003(a)(ii) of the
Company Guide because InSite's stockholders' equity is less than
the required $4,000,000 and it has losses from continuing
operations and net losses in three of its four most recent fiscal
years.
InSite intends to continue working with the Exchange toward
resolution of this issue in order to regain compliance with the
Exchange�s listing standards by June 15, 2010. If InSite fails to
gain acceptance of its plan, the Exchange may initiate delisting
proceedings. If the Exchange accepts InSite's plan based on appeal,
InSite may be able to continue its listing through June 15, 2010 or
such other period as is determined by the Exchange, during which
time it will be subject to periodic review to determine if it is
making progress consistent with the plan. If the Company does not
regain compliance by June 15, 2010, or if the Company does not make
progress consistent with the plan during the plan period, the
Exchange may initiate delisting procedures. There can be no
assurance that the hearing will be decided in favor of InSite, or
that the Company's plan will be acceptable to the Exchange or that
if such plan is acceptable to the Exchange, that the Company will
be able to make progress consistent with such plan.
About InSite Vision
InSite Vision is committed to advancing new and superior
ophthalmological products for unmet eyecare needs. InSite is
recognized for the discovery and development of novel ocular
pharmaceutical products based on its DuraSite� bioadhesive polymer
core technology, an innovative platform that extends the duration
of drug delivery on the eye�s surface thereby reducing frequency of
treatment and improving the efficacy of topically delivered drugs.
By formulating the well-established antibiotic azithromycin in
DuraSite, InSite developed the lowest-dosing ocular antibiotic
available to the United States ophthalmic market, AzaSite�
(azithromycin ophthalmic solution) 1%. AzaSite is marketed by
Inspire Pharmaceuticals in the United States for the treatment of
bacterial conjunctivitis (pink eye) and by international partners
in South Korea, four countries in South America, Turkey and
China.
InSite�s ophthalmic product development portfolio also includes
ISV-502, which is currently in Phase 3 pivotal trials for the
treatment of eye and eyelid infection and inflammation and
additional product candidates leveraging the company�s core
technologies. For further information on InSite Vision, please
visit www.insitevision.com.
Forward-Looking Statements
This news release contains certain statements of a
forward-looking nature relating to future events, including the
exchange listing of InSite's securities, its intention to appeal
the Exchange�s decision to initiate delisting proceedings, its
ability to make progress consistent with any plan approved by the
Exchange and InSite's plan to expand its portfolio of products.
Such statements entail a number of risks and uncertainties,
including but not limited to: future determinations of the Exchange
and InSite�s ability to prevail in its appeal and maintain its
listing on the Exchange; the clinical results of InSite's product
candidates; InSite's reliance on third parties, including Inspire,
for the commercialization of AzaSite and its other products;
InSite's ability to identify and hire a permanent CEO and ability
to retain Mr. Drapeau and other key management now and in the
future; InSite's ability to reap the benefits of its restructuring
and not damage its ability to effectively pursue its business plan
with a reduced workforce; the ability of InSite to enter into
corporate collaborations for AzaSite outside its currently licensed
territories, and with respect to its other product candidates,
including ISV-502; Inspire's ability to successfully market AzaSite
in the United States and Canada; the ability of InSite's
international partners to obtain approval to market AzaSite outside
the U.S. and Canada; InSite's ability to commence clinical trials
with respect to its various product candidates and the results of
such trials; InSite's ability to expand its technology platform to
include additional indications; InSite's ability to compete
effectively, either alone or through its partners, with other
companies offering competing products or treatments; InSite's
ability to maintain and develop additional collaborations and
commercial agreements with corporate partners, including those with
respect to AzaSite, ISV-502, and AzaSite Xtra; its ability to
adequately protect its intellectual property and to be free to
operate with regard to the intellectual property of others; and
determinations by the FDA, including those with respect to ISV-502.
Reference is made to the discussion of these and other risk factors
detailed in InSite Vision's filings with the Securities and
Exchange Commission, including its annual report on Form 10-K and
its quarterly reports on Form 10-Q, under the caption "Risk
Factors" and elsewhere in such reports. Any forward-looking
statements or projections are based on the limited information
currently available to InSite Vision, which is subject to change.
Although any such forward-looking statements or projections and the
factors influencing them will likely change, InSite Vision
undertakes no obligation to update the information. Such
information speaks only as of the date of its release. Actual
events or results could differ materially and one should not assume
that the information provided in this release is still valid at any
later date.
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