Published:
Sport-Haley, Inc. Reports Receipt of Letter From the Nasdaq Stock Market Regarding Continued Listing Standards
Sport-Haley, Inc. (NASDAQ: SPOR) ("Sport-Haley"
or the "Company") today reported that the Company received a letter from
the Nasdaq Stock Market, Inc. ("Nasdaq"), dated November 14, 2008,
notifying the Company of Nasdaq's position that the Company is not in
compliance with the rules for continued listing on the Nasdaq Capital
Market, specifically Nasdaq Marketplace Rule 4310(c)(14), because the
Company's recently filed annual report on Form 10-K did not contain a
completed management report on internal controls over financial reporting,
as required by Section 404 of the Sarbanes-Oxley Act of 2002. As
previously reported, while we began testing our internal controls, we did
not complete the detailed testing of our internal controls by June 30,
2008.
Nasdaq advised that, pursuant to Marketplace Rules, the Company will be
provided 60 calendar days, or until January 13, 2009, to submit a plan to
regain compliance. Nasdaq advised that their Staff can grant us an
exception, following their review of the Company's plan, of up to 180 days
from the due date of our 10-K, or up until April 13, 2009, to regain
compliance. If the Staff determines that it is not appropriate to grant us
an exception, or compliance cannot be demonstrated by the required time,
the Nasdaq Staff will provide notification that the Company's securities
will be delisted. The Company is looking into this situation and expects to
provide Nasdaq with a plan by January 13, 2009, that schedules completion
of the testing of our internal controls over financial reporting.
Sport-Haley, Inc. designs, purchases, contracts for the manufacture of and
markets women's and men's fashion golf apparel and outerwear under the
SPORT HALEY® and Ben Hogan® labels. The fashion golf apparel
collections, known for their innovative designs, quality fabrics, generous
fits and classic styles, are primarily marketed in the premium and
mid-priced markets, through a network of independent sales representatives
and distributors, to golf professional shops, country clubs, resorts and
exclusive department stores within the United States and by certain
distributors within international markets. Ben Hogan® fashion apparel is
distributed pursuant to a licensing agreement with Callaway Golf Company,
which we consider to be a key component of our business strategies. Reserve
Apparel Group LLC, a wholly owned subsidiary of Sport-Haley, Inc., formerly
designed, purchased, contracted for the manufacture of, marketed and
distributed branded golf apparel and outerwear under the Top-Flite® label
to mass retailers and other big-box type high sales volume retail stores.
Top-Flite® branded apparel was distributed until November 2007 pursuant
to a licensing agreement with Callaway Golf Company, which was amended to
remove the Top-Flite® brand effective January 1, 2008.
"Safe Harbor" Statement under the Private Securities Litigation Reform Act
of 1995: When used in this release, the words "may," "will," "expect,"
"anticipate," "continue," "estimate," "project," "intend," "believe," and
similar expressions, variations or the negative of these words, and any
statement regarding possible or assumed future results of operations of our
business, the markets for our products, anticipated expenditures,
regulatory developments or competition, or other statements regarding
matters that are not historical facts, are intended to identify
forward-looking statements, although not all forward-looking statements
contain such identifying words. The reader should be aware that our actual
results could differ materially from those contained in forward-looking
statements. Our financial condition and the results of our operations will
depend on a number of factors, including, but not limited to, the
following: successfully anticipating fashion trends, designing favorably
accepted fashion golf apparel, effectively advertising and communicating
within the marketplace, and penetrating our chosen distribution channels;
competition within golf apparel markets; business conditions and growth in
the fashion golf apparel market and the general economy; our ability to
successfully forecast sales and optimize inventory levels; our ability to
successfully manage risks associated with the trend of a high relative
percentage of sales with respect to licensed apparel, such as the Ben
Hogan® apparel collections; loss of certain third party suppliers, and/or
delays in receiving garments from third party suppliers caused by various
factors, including lost or reduced manufacturing capacity or significant
suppliers, labor shortages, timely performance of third parties,
transportation difficulties, and others; significant delays in deliveries
from third party suppliers; unsatisfactory recourse with regard to
nonconforming goods received from foreign suppliers; political and
international trade relations; changes in international trade quota systems
for apparel; significant reliance upon several individual foreign
suppliers; reliance upon a certain foreign person responsible for
maintaining relationships with and monitoring the performance of certain of
our significant foreign suppliers; consumer spending on golf apparel;
general global economic and political conditions resulting from threats or
acts of war or terrorism and responses thereto; access to capital;
maintaining satisfactory relationships with commercial banking
institutions; establishing controls with regard to and maintaining the
integrity of technology and information systems; and, reliance upon
executive officers and key employees. Additional information on these and
other factors that could affect our financial results is included in our
Form 10-K for the year ended June 30, 2008. There may be other factors not
mentioned above or included in our Securities and Exchange Commission
filings that may cause actual results to differ materially from any
forward-looking statement. The reader should not place undue reliance on
any forward-looking statement. Neither the Company nor any of its corporate
officers or key employees assumes any obligation to update any
forward-looking statement as a result of new information, future event or
development, except as required by securities laws.
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