Message #11 From:
Stock News Bot Date: December 11, 2006 06:00:00 AM
CYDY News CytoDyn Turns Pink with Continued Quarterly Reporting to Ensure Liquidity
SANTA FE, N.M.--(BUSINESS WIRE)--Because of a medical emergency and other unforeseen circumstances,
CytoDyn, Inc. (Pink Sheets:CYDY) was late filing a 10-QSB for the first
time. The policy of NASD is to require an issuer with a first
late filing that has since become current to wait for the processing of
a new Form 211 before that issuer is again quoted on the Bulletin Board.
Previously, the Company waited five months for the Form 211 to be
processed by NASD and might have had to wait even longer if the Company
had not been prepared to litigate. As a consequence, CYDY will move from
the Bulletin Board to the Pink Sheets on December 11, 2006 with a right
of appeal. Although the actual policy of NASD appears to deviate from
the stated policy (Rule 6530), CytoDyn, Inc., in consultation with its
Audit Committee, affiliates, and others, has decided not to appeal for
the following reasons:
Liquidity will not be materially affected or might even improve. The
Pink Sheets provide bids and asks, along with real time Level II
quotes, which will be available at no additional cost at www.pinksheets.com.
The Company intends to continue making quarterly reports to the SEC,
and expects to qualify for one of the high-quality categories, such as “SEC
Reporting,” when these categories become
available on the Pink Sheets in May of 2007.
Eventually moving to an exchange, such as AMEX, from a high-quality
Pink Sheet category should be no more difficult than in moving from
the Bulletin Board, so long as the requirements of the exchange are
met.
Recently, Pink Sheets has transformed itself to utilize the power of
the Internet and the advances in web based technology to increase the
quality, timeliness and value of its information and services. This
has increased the transparency of information available in the OTC
markets, making them more efficient for market makers, issuers,
brokers and investors, according to the Pink Sheets.
Other biotechnology companies maintain robust trading and volume on
the Pink Sheets, some with share prices consistently above $5.00.
The Company believes that development of its first-in-class products
for treating and for preventing global threats from infectious
diseases should not be delayed because of apparent confusion over NASD
policy, or because of the inability of the Company to prevent “acts
of God” or other circumstances over which it
has no control.
This press release contains forward-looking statements that are not
historical facts. The Company's management makes forward-looking
statements concerning the Company's expected future operations,
performance and other developments. These forward-looking statements are
necessarily estimates based upon current information and involve a
number of risks and uncertainties. There can be no assurance that such
risks and uncertainties, or other factors, will not affect the accuracy
of such forward-looking statements. It is impossible to identify all
factors that could cause actual results to differ materially from those
estimated by the Company. They include, but are not limited to,
government regulation, managing and maintaining growth, victimization by
white-collar offenders, and the effects of adverse publicity,
litigation, competition, and other factors that may be identified from
time to time in the Company's announcements.