MINRAD Receives Notice That NYSE Alternext Intends to File Delisting Application With Securities and Exchange Commission
ORCHARD PARK, N.Y., Feb. 6 /PRNewswire-FirstCall/ -- MINRAD International,
Inc. (Amex: BUF) -- On February 2, 2009, the Company received a notice from
NYSE Alternext US LLC (the "Exchange") stating that the Exchange intends to
strike the common stock of the Company from the Exchange by filing a delisting
application with the Securities and Exchange Commission pursuant to Section
1009(d) of the NYSE Alternext US Company Guide. By letter dated December 11,
2008, the Exchange had advised the Company that the Company was not in
compliance with certain provision of the Exchange's Company Guide (the
"Company Guide"), namely Section 1003(a)(i), with stockholders' equity of less
than $2,000,000 and losses from continuing operations and net losses in two
out of its three most recent fiscal years; 1003(a)(ii), 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; 1003(a)(iii), with
stockholders' equity of less than $6,000,000 and losses from continuing
operations and net losses in its five most recent fiscal years; and
1003(a)(iv) in that it 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 it will be able to continue
operations and/or meet its obligations as they mature.
By letter dated December 26, 2008 the Company notified the staff it had
entered into a definitive merger agreement with Piramal Healthcare, Inc.,
Piramal Healthcare Limited and Mayflower Acquisition Corp. for the acquisition
of the Company and requested that the Exchange continue to list the Company's
stock until consummation of that merger, at which time the Company would
voluntarily delist. The Exchange has advised the Company that this response
did not constitute a plan of how it intends to regain compliance with the
Exchanges listing standards and that therefore, there is no basis for the
Exchange to provide a listing extension. It advised the Company it is
therefore subject to immediate delisting proceedings. The Company intends to
exercise its right to request an oral hearing to review with the Exchange its
determination. There can be no assurance that the Company's request for
continued listing will be granted.
About the Company
The Company is an interventional pain management company with three focus
areas: (1) anesthesia and analgesia, (2) real-time image guidance, and (3)
conscious sedation. The Company's products are sold throughout the world. The
anesthesia and analgesia business currently manufactures and sells generic
inhalation anesthetics that are used for human and veterinary surgical
procedures. The Company manufactures patented real-time image guidance
technologies that facilitate minimally invasive surgery. The SabreSource(TM)
system and the accompanying Light Sabre(TM) disposable products have broad
applications in orthopedics, neurosurgery, interventional radiology and
anesthesia. They enable improved accuracy and reduced radiation in
interventional procedures and support the transfer of these procedures to the
outpatient setting. The Company is in the process of developing a drug/drug
delivery system for the use of halogenated ethers as inhalation analgesics for
conscious sedation.
Forward-Looking Statements
The information contained in this news release, other than historical
information, consists of forward-looking statements within the meaning of the
Private Securities Litigation Reform Act of 1995. These statements may involve
risks and uncertainties that could cause actual results to differ materially
from those described in such statements. Factors that may cause actual results
to differ materially from those expressed or implied by its forward-looking
statements include, but are not limited to, MINRAD International's limited
operating history and business development associated with being a growth
stage company; its dependence on key personnel; its need to attract and retain
technical and managerial personnel; its ability to execute its business
strategy; the intense competition it faces; its ability to protect its
intellectual property and proprietary technologies; its exposure to product
liability claims resulting from the use of its products; general economic and
capital market conditions; financial conditions of its customers and their
perception of its financial condition relative to that of its competitors; as
well as those risks described under the heading "Risk Factors" of MINRAD
International's Form 10-KSB/A, filed with the Securities and Exchange
Commission on April 21, 2008. Although MINRAD International, Inc. believes
that the expectations reflected in such forward-looking statements are
reasonable, it can give no assurance that such expectations will prove to have
been correct.
MINRAD International, Inc. Contact:
50 Cobham Drive Charles R. Trego, Jr.
Orchard Park, NY 14127 Executive Vice President and CFO
(716) 855-1068