FX Real Estate and Entertainment Inc. Announces Voluntary Delisting of Common Stock from NASDAQ and Receipt of Notice of Initiat
April 14 2009 - 6:13PM
PR Newswire (US)
Company Anticipates Last Day of Trading on NASDAQ on or about May
4, 2009; Plans to Seek Listing on OTC Bulletin Board NEW YORK April
14 /PRNewswire-FirstCall/ -- FX Real Estate and Entertainment Inc.
(NASDAQ:FXRE) announced that on April 8, 2009 it received notice
from The NASDAQ Stock Market ("NASDAQ") indicating that, as of
December 31, 2008, FXRE is no longer in compliance with NASDAQ's
continuing listing requirement of a minimum of $10,000,000 in
stockholders' equity. Under the NASDAQ Marketplace Rules, FXRE is
permitted to submit to NASDAQ a plan to regain compliance with
NASDAQ's continued listing criteria. However, based on FXRE's
deteriorating financial condition, FXRE has determined that it will
not be able to regain compliance. As a result, FXRE has provided
notice to NASDAQ of its intent to voluntarily delist its common
stock from NASDAQ. On or about April 24, 2009, FXRE will file a
Form 25 with the Securities and Exchange Commission relating to the
delisting. The delisting is expected to be effective 10 calendar
days after filing the Form 25. FXRE anticipates that the last day
of trading for its common stock on The NASDAQ Global Market will be
on or about May 4, 2009. FXRE will seek to have its common stock
quoted on the Over-The-Counter Bulletin Board shortly after the
date of delisting from The NASDAQ Global Market, though FXRE cannot
provide any assurances in this regard. FXRE further announced that
on April 9, 2009, as a result of its Las Vegas subsidiaries
continuing to be in default under the $475 million mortgage loan
secured by their Las Vegas property, the first lien lenders sent a
Notice of Breach and Election to Sell, which initiates the trustee
sale procedure against the Las Vegas property to satisfy the
principal amount of $259 million and other obligations owed to them
under the mortgage loan and secured by the property. Under Nevada
law, the Las Vegas subsidiaries have the legal right to cure the
default during a 35-day redemption period that expires on May 18,
2009 or else the Las Vegas property may be sold thereafter in
accordance with Nevada law (the process takes approximately 120
days) in a trustee sale to satisfy the first lien lenders'
obligations secured by the property. Neither FXRE nor its
subsidiaries are able to cure the default. Consequently, FXRE and
the Las Vegas subsidiaries are considering all possible legal
options, including bankruptcy proceedings. FXRE cannot guarantee to
what extent, if any, such actions may be viable or effective.
DATASOURCE: FX Real Estate and Entertainment Inc. CONTACT: Ed
Tagliaferri, +1-212-981-5182
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