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| [December 13, 2012] |
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ModusLink Receives Anticipated NASDAQ Notification Letter
WALTHAM, Mass. --(Business Wire)--
ModusLink Global Solutions™, Inc. (NASDAQ: MLNK) today
announced that it has received a determination letter from the Listing
Qualifications Department of The Nasdaq Stock Market LLC ("Nasdaq"). The
letter, which was expected, advises that because the Company remains
noncompliant with the filing requirements for continued listing under
Nasdaq Listing Rule 5250(c)(1), trading of the Company's common stock is
subject to delisting.
The Company has the right to appeal this determination and on December
17, 2012 expects to request a hearing before Nasdaq's Hearings Panel
(the "Panel"), which under Nasdaq Listing Rules will stay the suspension
of trading and delisting of the Company's securities for 15 days from
the date of the request. The Company will also request a further stay of
the suspension and delisting, pending the hearing, which may be granted
at Nasdaq's discretion.
Following the hearing, the Panel has the authority under the Nasdaq
Listing Rules to grant the Company an extension of time within which to
regain compliance with the filing requirements for a period not to
exceed 360 days from the original due date (June 11, 2012) of the first
delayed filing. However, there can be no assurance that the Panel will
grant the Company a stay of the Panel's delisting determination until
the conclusion of the hearing process or that it will grant the
additional time requested by the Company to regain compliance with
Nasdaq's filing requirements.
As previously disclosed, the Company expected Nasdaq to issue the
determination letter in accordance with Nasdaq procedures regarding the
Company's previously announced delayed filing of the Company's Quarterly
Report on Form 10-Q for the third quarter of fiscal year 2012, the
Annual Report on Form 10-K for the fiscal year ended July 31, 2012 and
the Quarterly Report on Form 10-Q for the first quarter of fiscal 2013,
with the Securities and Exchange Commission ("SEC (News - Alert)"). The Company is
working to complete its previously announced process to restate
financial results for certain prior periods and become current in its
periodic report filings with the SEC.
About ModusLink Global Solutions
ModusLink Global Solutions Inc. (NASDAQ: MLNK) executes comprehensive
supply chain and logistics services that improve clients' revenue, cost,
sustainability and customer experience objectives. ModusLink is a
trusted and integrated provider to the world's leading companies i
consumer electronics, communications, computing, medical devices,
software, luxury goods and retail. The Company's operating
infrastructure annually supports more than $80 billion of its clients'
revenue and manages approximately 470 million product shipments through
more than 30 sites in 15 countries across North America, Europe, and the
Asia/Pacific region. For details on ModusLink's flexible and scalable
solutions visit www.moduslink.com
and www.valueunchained.com,
the blog for supply chain professionals.
ModusLink Global Solutions is a registered trademark of ModusLink Global
Solutions, Inc. All other company names and products are trademarks or
registered trademarks of their respective companies.
Forward Looking Information
Statements in this press release that are not historical facts may be
deemed to be "forward-looking statements," including those statements
regarding: the Company's progress toward completing the restatement
process; the Company's anticipated time frame for filing its Annual
Report on Form 10-K and restated financial statements; the expected
effects of the restatement; the Company's ability to satisfy the Nasdaq
requirements for continued listing. Actual and anticipated future
results may vary materially due to certain risks and uncertainties,
including, without limitation: unanticipated accounting issues or audit
issues regarding the financial data for the periods to be restated or
adjusted; the inability of the Company or its independent registered
public accounting firm to confirm relevant information or data;
unanticipated issues that prevent or delay the Company's independent
registered public accounting firm from concluding the audit or that
require additional efforts, procedures or review; the Company's
inability to design or improve internal controls to address identified
issues; there can be no assurance that the Company will be successful in
its appeal, receive a further extension from Nasdaq and remain listed on
Nasdaq; there can be no assurance the Company will complete its
restatement and become current in its regulatory filings by any future
extension date approved by Nasdaq; the impact upon operations of legal
compliance matters or internal controls review, improvement and
remediation, including the detection of wrongdoing, improper activities
or circumvention of internal controls; difficulties in controlling
expenses, including costs of legal compliance matters or internal
controls review, improvement and remediation; global economic
conditions, especially in the technology sector, which are uncertain and
subject to volatility; demand for our clients' products, which may
decline or may not achieve the levels anticipated by our clients; strain
on managerial and operational resources as they try to oversee the
expanded operations; failure to realize the expected benefits of
restructuring and cost cutting actions; failure to expand operations in
accordance with its business strategy; difficulty achieving and
sustaining operating profitability if the Company's cash balances are
not sufficient to allow the Company to meet all of its business and
investment goals; difficulties integrating technologies, operations and
personnel in accordance with its business strategy; the Company derives
a significant portion of its revenue from a small number of clients, and
therefore the loss of any of those clients could significantly damage
the Company's financial condition and results of operations; the Company
frequently sells to its supply chain management clients on a purchase
order basis rather than pursuant to contracts with minimum purchase
requirements, and therefore its sales and the amount of projected
revenue that is actually realized are subject to demand variability; the
Company's pipeline of sales opportunities represents potential sales
transactions and estimated annual revenue therefrom and there can be no
assurance that such sales efforts will be successful or that the
potential revenue will be realized; risks inherent with conducting
international operations; increased competition and technological
changes in the markets in which the Company competes; and the potential
outcome and impact of the Company's ongoing review of strategic
alternatives. Further, there can be no assurance that the Company's
review of strategic alternatives will lead to any transaction, result in
increased value to its stockholders or the realization of long-term
value by stockholders.

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