Item 3.01 Notice of Delisting or Failure to Satisfy a Continued Listing Rule or Standard; Transfer of Listing.
Nasdaq Listing Non-Compliance Notice
On
Item 8.01 Other Events.
As previously reported, on
As previously reported, on
Amended Chapter 11 Plan and Amended Disclosure Statement.
On
The foregoing descriptions of the Amended Plan and the Amended Disclosure Statement do not purport to be complete and are qualified in their entirety by reference to the Amended Plan and the Amended Disclosure Statement, copies of which are attached hereto as Exhibit 10.1 and Exhibit 10.2, respectively, and are incorporated herein by reference.
On
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Court's docket indicating such adjournment and/or an announcement of the adjourned date or dates at the Combined Hearing. A copy of the notice of the Combined Hearing is attached hereto as Exhibit 10.3, and is incorporated herein by reference.
On
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Cautionary Information Regarding Trading in the Company's Securities.
The Company's securityholders are cautioned that trading in the Company's
securities during the pendency of the Chapter 11 Case is highly speculative and
poses substantial risks. Trading prices for the Company's securities may bear
little or no relationship to the actual recovery, if any, by holders thereof in
the Company's Chapter 11 Case, and the effectiveness of the Amended Plan is
subject to numerous conditions, including approval by the
Cautionary Note Regarding Forward-Looking Statements.
This Current Report on Form 8-K contains forward-looking statements, which are based on the Company's current expectations, estimates, and projections about the businesses and prospects of the Company and its subsidiaries, as well as management's beliefs, and certain assumptions made by management. Words such as "anticipates," "expects," "intends," "plans," "believes," "seeks," "estimates," "may," "should," "will" and variations of these words are intended to identify forward-looking statements. Such statements speak only as of the date hereof and are subject to change. The Company undertakes no obligation to revise or update publicly any forward-looking statements for any reason. These statements are not guarantees of future performance and are subject to certain risks, uncertainties, and assumptions that are difficult to predict.
Forward-looking statements include, among other matters, the Company's strategy
and the expected process and results of the Chapter 11 proceedings. Such
statements are not guarantees of future performance and are subject to certain
risks, uncertainties, and assumptions that are difficult to predict. Risks and
uncertainties associated with forward-looking statements include the negative
impacts on the Company's businesses as a result of filing for and operating
under Chapter 11 protection? the time, terms and ability to confirm a Chapter 11
plan of reorganization for the Company's businesses? the adequacy of the capital
resources of the Company's businesses and the difficulty in forecasting the
liquidity requirements of the operations of its businesses? the unpredictability
of the Company's financial results while in Chapter 11 proceedings? the
Company's ability to discharge claims in Chapter 11 proceedings? negotiations
with its trade creditors and other significant creditors? risks and
uncertainties with performing under the terms of the Restructuring Support
Agreement and any other arrangement with creditors while in Chapter 11
proceedings? the Company's ability to conduct business as usual in
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11 Case may be converted to a case under Chapter 7 of the Bankruptcy Code? the Company's ability to secure operating capital? the Company's ability to take advantage of opportunities to acquire assets with upside potential? the Company's ability to execute on its strategic plan to pursue, evaluate and close a restructuring pursuant to the Amended Plan or another plan of reorganization? the Company's long-term outlook? the Company's preparation for future market conditions? and any statements or assumptions underlying any of the foregoing. Accordingly, actual results could differ materially and adversely from those expressed in any forward-looking statements as a result of various other factors.
Important factors that may cause such differences include, but are not limited
to, the decisions of the Court? negotiations with the Company's creditors and
any committee approved by the Court? the Company's ability to meet the
requirements, and compliance with the terms, including restrictive covenants, of
the Restructuring Support Agreement and any other financial arrangement while in
Chapter 11 proceedings? changes in the Company's cash needs as compared to its
historical operations or its planned reductions in operating expense? adverse
litigation? changes in domestic and international demand for the Company's
products? the Company's ability to control operating costs and other expenses?
that general economic conditions may be worse than expected? that competition
may increase significantly? changes in laws or government regulations or
policies affecting the Company's current business operations and, as well as
those risks and uncertainties disclosed under the sections entitled "Risk
Factors" and "Management's Discussion and Analysis of Financial Condition and
Results of Operations" in the Company's Forms 10-Q filed with the
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Item 9.01 Financial Statements and Exhibits. (d)Exhibits. Exhibit Number Description 10.1 Amended Plan 10.2 Amended Disclosure Statement 10.3 Notice of Combined Hearing 10.4 Notice of Establishment of Bar Dates 99.1 Letter from Nasdaq Listing Qualifications to the Company, datedApril 2, 2020 ______________
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