NEW YORK, August 6, 2012 - The New York Stock Exchange ("NYSE") announced today that the staff of NYSE Regulation, Inc. ("NYSE Regulation") has determined to commence proceedings to delist the Class A and Class B Common Stock of K-V Pharmaceutical Company (the "Company") - ticker symbols KV.A, KV.B - from the NYSE. Trading in the Company's equity issues will be suspended immediately.
NYSE Regulation has determined that the Company is no longer suitable for listing. Pursuant to Listed Company Manual Section 802.01D, this decision was reached in view of the Company's August 4, 2012 announcement that it filed a voluntary petition to reorganize under Chapter 11 of the U.S. Bankruptcy Code in the United States Bankruptcy Court for the Southern District of New York. NYSE Regulation noted the uncertainty as to the timing and outcome of the bankruptcy process, as well as the ultimate effect of this process on the value of the Company's Common Stock.
Separately, the Company had also previously been notified of its non-compliance with the NYSE's continued listing criteria outlined in Listed Company Manual Section 802.01B and 802.01C, specifically $50 million 30 day average market capitalization and $50 million stockholders' equity, as well as $1.00 30 day average share price, and was working on a business plan submission to address this non-compliance.
NYSE Regulation notes that it may make an appraisal of, and determine on an individual basis, the suitability for continued listing of an issue in light of all pertinent facts and circumstances whenever it deems such action appropriate. In addition, NYSE Regulation may, at any time, suspend a security if it believes that continued dealings in or listing of the security on the NYSE are not advisable.
The Company has a right to a review of this determination by a Committee of the Board of Directors of NYSE Regulation. Application to the Securities and Exchange Commission to delist the issues is pending the completion of applicable procedures, including any appeal by the Company of the NYSE Regulation staff's decision.
Brainerd Communicators, Inc.
See Section 802.00 of the NYSE Listed Company Manual for continued listing criteria and procedure for delisting