Message #22 From:
Stock News Bot Date: November 20, 2006 04:00:00 AM
DWRI News Design Within Reach, Inc. Receives Notice of Non Compliance from the Nasdaq Global Market Due to the Company's Delay in Filing of the Third Quarter Form 10-Q
SAN FRANCISCO--(BUSINESS WIRE)--Design Within Reach, Inc. (Nasdaq:DWRI) today announced that the Company
received notice on November 14, 2006 from The Nasdaq Stock Market, Inc.
Listing Qualifications Staff of an additional basis of non-compliance
with the Nasdaq rules due to the Company’s
failure to file its quarterly report on Form 10-Q for the quarter ended
September 30, 2006 on a timely basis. The Company previously reported
its delay in filing its quarterly report on Form 10-Q for the quarter
ended July 1, 2006. The Company is not in compliance with Nasdaq
Marketplace Rule 4310(c)(14), which requires the timely filing with
Nasdaq of all reports and other documents filed or required to be filed
with the SEC. This non-compliance forms a separate basis for potential
delisting from the Nasdaq Global Market.
The Nasdaq Listing Qualifications Panel previously granted the Company
continued listing on The Nasdaq Global Market provided that the Company
filed its quarterly report on Form 10-Q for the period ended July 1,
2006 and any restatements of prior periods that may be required by
November 24, 2006. Although the Company continues to work diligently
toward completing this filing, it does not appear that the Company will
have the work completed and reviewed by its independent public
accountants in time to meet this deadline. As a result, the Company has
applied for a further extension. However, there can be no assurance that
Nasdaq will grant this extension.
Until the Company completes the reconciliation of a previously announced
imbalance affecting its accrued inventory account, the Company will not
be able to file its quarterly reports on Form 10-Q for the quarters
ended July 1, 2006 and September 30, 2006.
About Design Within Reach, Inc.
Design Within Reach, Inc., founded in 1998 and headquartered in San
Francisco, is an integrated multi-channel provider of distinctive modern
design furnishings and accessories. The Company markets and sells its
products to both residential and commercial customers nationwide through
the DWR catalog, studios, website and direct sales force, and a single
common “in stock and ready to ship”
inventory.
“Design Within Reach”
is a registered trademark of Design Within Reach, Inc.
This press release includes forward-looking statements, including
statements related to anticipated revenues, expenses, earnings,
operating cash flows, the outlook for Design Within Reach’s
markets and the demand for its products. Factors that could cause Design
Within Reach's actual results to differ materially from these
forward-looking statements including the following: we may be required
to revise our reported results of operations as a result of our ongoing
reconciliation of the accrued inventory account and our third-quarter
closing process; if we are unable to continue to increase our net sales
while reducing our promotional discounts, our profitability may be
impaired; if we fail to offer merchandise that our customers find
attractive, the demand for our products may be limited; we do not have
long-term vendor contracts and as a result we may not have continued or
exclusive access to products that we sell; our business depends, in
part, on factors affecting consumer spending that are not within our
control; our business will be harmed if we are unable to implement our
growth strategy successfully; the expansion of our studio operations
could result in increased expenses with no guarantee of increased
earnings; if we do not manage our inventory levels successfully, our
operating results will be adversely affected; we depend on domestic and
foreign vendors, some of which are our competitors, for timely and
effective sourcing of our merchandise; declines in the value of the U.S.
dollar relative to foreign currencies could adversely affect our
operating results; and we face intense competition and if we are unable
to compete effectively, we may not be able to achieve and maintain
profitability. Furthermore, if we do not receive from the Nasdaq Listing
Qualifications Panel a further extension to file our Form 10-Qs for the
periods ended July 1, 2006 and September 30, 2006, our securities may be
subject to delisting from the Nasdaq Global Market. Please refer to our
reports and filings with the Securities and Exchange Commission,
including our latest Annual Report on Form 10-K and Quarterly Report on
Form 10-Q, for a further discussion of these risks and uncertainties. We
also caution you not to place undue reliance on forward-looking
statements, which speak only as of the date they are made. We undertake
no obligation to update publicly any forward-looking statements to
reflect new information, events or circumstances after the date they
were made or to reflect the occurrence of unanticipated events.