MACC Private Equities Inc. Announces Nasdaq Notification
December 22 2009 - 3:30PM
PR Newswire (US)
ENCINITAS, Calif., Dec. 22 /PRNewswire-FirstCall/ -- On December
17, 2009, MACC Private Equities Inc. (the "Company") received a
notice from the staff of the Nasdaq Stock Market, indicating the
Company is not in compliance with Nasdaq Listing Rule 5605 because
it no longer complies with Nasdaq's audit committee requirements.
As previously reported in the Company's Form 8-K filed on December
11, 2009, Geoffrey T. Woolley resigned as a director of the Company
on December 8, 2009, resulting in the non-compliance with Nasdaq
Listing Rule 5605. However, consistent with Listing Rule
5605(c)(4)(A), Nasdaq will provide the Company a cure period in
order to regain compliance as follows: -- until the earlier of the
Company's next annual shareholders' meeting or December 8, 2010; or
-- if the next annual shareholder's meeting is held before June 7,
2010, then the Company must evidence compliance no later than June
7, 2010. The Company must submit to Nasdaq documentation, including
biographies of any new directors, evidencing compliance with the
rules no later this date. In the event the Company does not regain
compliance by this date, Nasdaq rules require the Nasdaq staff to
provide written notification to the Company that its securities
will be delisted. At this time, the Company may appeal the
delisting determination to a Hearings Panel. The Company intends to
regain compliance with Nasdaq Listing Rule 5605 audit committee
requirements prior to the expiration of the cure period provided
pursuant to the Nasdaq rules. MACC is a business development
company in the business of making investments in small businesses
in the United States. MACC common stock is traded on the Nasdaq
Capital Market under the symbol "MACC." This press release contains
certain forward-looking statements within the meaning of the
Private Securities Litigation Reform Act of 1995 (the "1995 Act").
Such statements are made in good faith by MACC and are identified
as including terms such as "may," "will," "should," "expects,"
"anticipates," "estimates," "plans," or similar language. MACC has
identified in its Annual Report to Shareholders for the fiscal year
ended September 30, 2008, important factors that could cause actual
results to differ materially from those contained in any
forward-looking statement made by or on behalf of MACC, including,
without limitation, the high risk nature of MACC's portfolio
investments, the effects of general economic conditions on MACC's
portfolio companies and the ability to obtain future funding, any
failure to achieve annual investment level objectives, changes in
prevailing market interest rates, and contractions in the markets
for corporate acquisitions and initial public offerings. MACC
further cautions that such factors are not exhaustive or exclusive.
The forward-looking statements contained in this press release are
excluded from the safe harbor protection provided by Section 27A of
the Securities Ac of 1933, as amended (the "1933 Act") and Section
21E of the Securities Exchange Act of 1934, as amended (the
"Exchange Act"). MACC does not undertake to update any
forward-looking statement which may be made from time to time by or
on behalf of MACC. DATASOURCE: MACC Private Equities Inc. CONTACT:
Derek Gaertner, +1-760-479-5075, for MACC Private Equities Inc.
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