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| AIQ > SEC Filings for AIQ > Form 8-K on 5-Jul-2012 | All Recent SEC Filings |
5-Jul-2012
Notice of Delisting or Failure to Satisfy a Continued Listing R
On July 3, 2012, Alliance HealthCare Services, Inc. (the "Company") was notified
by the New York Stock Exchange (the "NYSE") that the Company was below
compliance with the NYSE's price criteria standard for common stock because, as
of June 27, 2012, the average closing price of the Company's common stock was
less than $1.00 per share over a consecutive 30-trading-day period. Pursuant to
Section 802.01C of the NYSE's Listed Company Manual, the NYSE's price criteria
standard requires that any listed security trade at a minimum average closing
share price of $1.00 during any consecutive 30-trading-day period.
Under the NYSE's rules, in order to cure the deficiency for this continued listing standard, both the Company's share price and the average share price (over a consecutive 30-trading-day period) must exceed $1.00 within six months following receipt of the non-compliance notice. As required by the NYSE rules, the Company will notify the NYSE within 10 business days of receipt of the non-compliance notice, of its intent to cure the price deficiency and return to compliance with this continued listing standard. During the six-month period, the Company expects that its stock will remain listed on the NYSE.
As previously disclosed, the Company is also currently below compliance with
Section 801.01B(II)(ii) of the NYSE's Listed Company Manual (which requires the
Company to maintain a minimum average global market capitalization of not less
the $75 million) and Section 303A.07(a) of the NYSE's Listed Company Manual
(which requires the Company to have at least three independent directors serving
on its Audit Committee). The Company intends to regain compliance with all NYSE
listing standards within the applicable time periods required by the NYSE.
Forward-Looking Statements
This Current Report on Form 8-K contains forward-looking statements relating to future events, including the Company's plan to notify the NYSE of its intention to cure the price deficiency and the Company's intent and ability to regain compliance with the NYSE's listing standards within applicable time periods. In this context, forward-looking statements often address the Company's expected future business and financial results and often contain words such as "expects," "anticipates," "intends," "plans," "believes," "seeks" or "will." Forward-looking statements by their nature address matters that are uncertain and subject to risks. Such uncertainties and risks include: changes in preliminary financial results and estimates due to the restatement or review of the Company's financial statements; the nature, timing and amount of any restatement or other adjustments; the Company's ability to make timely filings of its required periodic reports under the Securities Exchange Act of 1934; issues relating to the Company's ability to maintain effective internal control over financial reporting and disclosure controls and procedures; the Company's high degree of leverage and its ability to service its debt; factors affecting the Company's leverage, including interest rates; the risk that the counterparties to the Company's interest rate swap agreements fail to satisfy their obligations under these agreements; the Company's ability to obtain financing; the effect of operating and financial restrictions in the Company's debt instruments; the accuracy of the Company's estimates regarding its capital requirements; the effect of intense levels of competition in the Company's industry; changes in the methods of third party reimbursements for diagnostic imaging and radiation oncology services; fluctuations or unpredictability of the Company's
A copy of the press release announcing the Company's receipt of the NYSE notice is attached hereto as Exhibit 99.1.
(d) Exhibits.
No. Description
99.1 Press Release dated July 5, 2012.
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