Anthracite Capital Receives Notice from the NYSE Regarding Non-Compliance with Continued Listing Standard & Announces Intenti...
September 16 2009 - 5:40PM
Business Wire
Anthracite Capital, Inc. (NYSE:AHR) (the “Company” or
“Anthracite”) announced today that on September 15, 2009 it
received a notice from the New York Stock Exchange (the “NYSE”)
that the Company was not in compliance with the NYSE’s continued
listing standard that requires that the average closing price of
the Company’s common stock be no less than $1.00 per share over a
consecutive 30 trading-day period.
The Company intends to bring its average common stock price
above $1.00 per share by effecting a reverse stock split, subject
to receipt of stockholder approval. In accordance with NYSE rules,
the Company will notify the NYSE within 10 business days from the
receipt of the notice of its intent to cure the price condition
deficiency in this manner.
Under NYSE rules, the Company has six months from the date of
the notice to cure the price condition deficiency unless the
Company determines that it is necessary to take an action that
requires stockholder approval. Since the reverse stock split will
require stockholder approval, the notice from the NYSE requires the
Company to obtain stockholder approval by no later than its next
annual meeting of stockholders. The Company’s 2010 Annual Meeting
of Stockholders is scheduled on May 18, 2010. The Company must
implement the reverse stock split promptly thereafter. If the
Company has not cured the price condition deficiency by that date,
its common stock will be subject to suspension and delisting by the
NYSE. The price condition deficiency will be deemed cured if the
Company’s common stock price then promptly exceeds $1.00 per share
and remains above $1.00 for the following 30 trading days.
The ratio of the reverse stock split will be determined based on
the facts and circumstances at a later date.
The Company’s common stock will continue to be listed on the
NYSE under the symbol “AHR” during this interim cure period, but
will be assigned a “.BC” indicator by the NYSE to signify that the
Company is not currently in compliance with the NYSE’s quantitative
continued listing standards. The Company’s continued listing during
this interim cure period is also subject to the Company’s
compliance with other NYSE requirements and the NYSE’s right to
reevaluate continued listing determinations, including if the
Company’s common stock trades at levels viewed to be abnormally low
over a sustained period of time.
About Anthracite
Anthracite Capital, Inc. is a specialty finance company focused
on investments in high yield commercial real estate loans and
related securities. Anthracite is externally managed by BlackRock
Financial Management, Inc., which is a subsidiary of BlackRock,
Inc. (“BlackRock”) (NYSE:BLK), one of the largest publicly traded
investment management firms in the United States with approximately
$1.373 trillion in global assets under management at June 30,
2009. BlackRock Realty Advisors, Inc., another subsidiary of
BlackRock, provides real estate equity and other real
estate-related products and services in a variety of strategies to
meet the needs of institutional investors.
Forward-Looking Statements
This release, and other statements that Anthracite may make, may
contain forward-looking statements within the meaning of the
Private Securities Litigation Reform Act of 1995, with respect to
Anthracite’s future financial or business performance, strategies
or expectations. Forward-looking statements are typically
identified by words or phrases such as “trend,” “potential,”
“opportunity,” “pipeline,” “believe,” “comfortable,” “expect,”
“anticipate,” “current,” “intention,” “estimate,” “position,”
“assume,” “outlook,” “continue,” “remain,” “maintain,” “sustain,”
“seek,” “achieve,” and similar expressions, or future or
conditional verbs such as “will,” “would,” “should,” “could,” “may”
or similar expressions.
Anthracite cautions that forward-looking statements are subject
to numerous assumptions, risks and uncertainties, which change over
time. Forward-looking statements speak only as of the date they are
made, and Anthracite assumes no duty to and does not undertake to
update forward-looking statements. Actual results could differ
materially from those anticipated in forward-looking statements and
future results could differ materially from historical
performance.
In addition to factors previously disclosed in Anthracite’s SEC
reports and those identified elsewhere in this release, the
following factors, among others, could cause actual results to
differ materially from forward-looking statements or historical
performance: (1) the introduction, withdrawal, success and timing
of business initiatives and strategies; (2) changes in political,
economic or industry conditions, the interest rate environment,
financial and capital markets or otherwise, which could result in
changes in the value of the Company’s assets and liabilities,
including net realized and unrealized gains or losses, and could
adversely affect the Company’s operating results; (3) the Company’s
ability to meet its liquidity requirements to continue to fund its
business operations, including its ability to renew its existing
facilities or obtain replacement financing, to meet amortization
payments under the facilities and to service debt; (4) the amount
and timing of any future margin calls and their impact on the
Company’s financial condition and liquidity; (5) the Company’s
ability to obtain amendments and waivers in the event that a lender
terminates a facility before the maturity date or debt obligations
are accelerated due to a covenant breach or otherwise; (6) the
relative and absolute investment performance and operations of
BlackRock Financial Management, Inc. (the ‘‘Manager’’), the
Company’s Manager; (7) the impact of increased competition; (8) the
impact of future acquisitions or divestitures; (9) the unfavorable
resolution of legal proceedings; (10) the impact of legislative and
regulatory actions and reforms and regulatory, supervisory or
enforcement actions of government agencies relating to the Company
or the Manager; (11) terrorist activities and international
hostilities, which may adversely affect the general economy,
domestic and global financial and capital markets, specific
industries, and the Company; (12) the ability of the Manager to
attract and retain highly talented professionals; (13) fluctuations
in foreign currency exchange rates; (14) the impact of changes to
tax legislation and, generally, the tax position of the Company;
and (15) as a result of its liquidity position, current market
conditions and the uncertainty relating to its ability to meet
covenants in restructured agreements, substantial doubt about the
Company’s ability to continue as a going concern.
Anthracite’s Annual Report on Form 10-K for the year ended
December 31, 2008 and Anthracite’s subsequent filings with the SEC,
accessible on the SEC’s website at www.sec.gov, identify additional
factors that can affect forward-looking statements.
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