Published:
EVCI to Attend NASDAQ Hearing
EVCI Career Colleges Holding Corp. (NASDAQ: EVCI) today announced that it will attend a hearing before a NASDAQ Listing
Qualifications Panel (the "Panel") on Thursday, July 19, 2007. As
previously announced, the Staff of The NASDAQ Stock Market LLC (the
"Staff") notified EVCI on June 13, 2007 that its securities were subject to
delisting. The Staff notice was based on EVCI's non-compliance with
NASDAQ's $1.00 per share bid price requirement and the fact that EVCI did
not obtain shareholder approval for and prior to the completion of the
recent private placement of securities with ComVest Investment Partners
III, L.P. and certain members of management (the "ComVest Financing"). In
response to this notice, EVCI requested a hearing resulting in a stay of
delisting pending the issuance of a decision by the Panel following the
upcoming hearing.
As previously announced, EVCI has acknowledged that NASDAQ rules required
EVCI to obtain shareholder approval for the ComVest Financing prior to its
closing, absent an exception. Accordingly, pursuant to NASDAQ rules, EVCI
applied for an exception to the shareholder approval requirements based on
the fact that its financial viability would have been seriously jeopardized
by the delay in obtaining shareholder approval prior to closing the
transaction. Notwithstanding EVCI's financial condition, the Staff
determined to deny EVCI's request for an exception, based on management's
participation in the ComVest Financing on the same terms as ComVest, and
advised EVCI that it would initiate delisting proceedings if the
transaction closed as proposed without shareholder approval. EVCI closed
the ComVest Financing as scheduled on May 23, 2007 so that it would have
the funds necessary to preserve its financial viability.
On July 11, 2007, EVCI received an additional notice of non-compliance from
the Staff indicating that EVCI's decision to close the ComVest Financing
notwithstanding the Staff's advice raises public interest concerns under
Marketplace Rule 4300 and IM-4300. EVCI will present its views with
respect to this notice and the Staff's June 13th notice at Thursday's
hearing and will request that the Panel provide it with additional time to
effect a reverse stock split following the stockholders' meeting scheduled
for July 31, 2007, thereby addressing the bid price issue, and to take
certain other remedial measures designed to address the shareholder
approval issue. However, there can be no assurance that the Panel will
grant EVCI's request for continued listing.
About EVCI Career Colleges Holding Corp.
EVCI is the holding company for Technical Career Institutes, Interboro
Institute and the Pennsylvania School of Business.
Founded in 1909, TCI offers two-year associate degree and certificate
programs. With an emphasis on technology, TCI offers programs within three
major divisions: business and new media technology, computer and
electronics technology and climate control technology. TCI's main campus is
on 31st Street diagonally across from Penn Station, and is supported by a
nearby annex facility. EVCI acquired TCI in September 2005.
Founded in 1888, Interboro offers degree programs leading to the Associate
in Occupational Studies degree and Associate in Applied Sciences degree.
Its programs include accounting, business management, ophthalmic
dispensing, paralegal studies, office technologies and security services
and management. Interboro has a main campus in mid-town Manhattan, and an
extension center in each of Flushing, New York and the Washington Heights
section of Manhattan, New York. EVCI acquired Interboro in January 2000.
PSB offers two Associate in Specialized Business Degree programs and two
diploma programs in information technology as well as three recently
authorized business diploma programs. PSB is seeking authorization to
award the Associate in Special Business Degree for those programs. PSB
relocated to downtown Allentown, Pennsylvania in May 2005. EVCI acquired
PSB in January 2005.
Copyright © 2008, MarketWire
Copyright © 2008, NewsBlaze,
Daily News
Tags: ,Education and Training:SchoolsandCourses, ,NASDAQ01,NASDAQ01,NY,YONKERS, NY
_ _Is your favorite bookmark site missing?
Ask for it.