DOR BioPharma Receives Notice of Delisting from American Stock Exchange; Company to Continue to Negotiate Potential Compliance-A
November 01 2005 - 3:34PM
Business Wire
DOR BioPharma, Inc. (AMEX: DOR) ("DOR" or the "Company"), announced
today that it has received notice from the American Stock Exchange
(the "AMEX") indicating that it no longer complies with the AMEX's
continued listing standards and that it intends to proceed with
removal of the Company's common stock from listing and registration
on the AMEX. The AMEX has permitted the Company's common stock to
be listed pursuant to a plan period, which expired on October 15,
2005. AMEX determined that the Company was not in compliance with
the requirement that it maintain more than $6 million of
stockholders' equity as it has sustained losses from continuing
operations and/or net losses in three of its four most recent
fiscal years. DOR has been afforded an opportunity to appeal the
decision and to present its reasons in support of continued
listing, and it is expected to do so shortly. DOR will pay a
hearing fee and have a hearing scheduled. Such hearings are usually
held within 45 days after the request is made. Pending the
resolution of the appeal, the stock will continue to be listed on
the American Stock Exchange. A request for a hearing will
ordinarily stay a delisting action, though the AMEX may immediately
suspend trading pending its review if it is determined to be in the
public interest. There can be no assurance that the Company's
request for continued listing will be granted. In the event that
the Company's common stock is ever delisted from the AMEX, the
Company expects that its shares will be eligible for quotation on
the OTC Bulletin Board electronic market. The Company believes that
this would still allow shareholders an adequate opportunity to
trade their common shares in the future. Michael T. Sember,
President and Chief Executive Officer of DOR commented, "Despite
being out of compliance with the continued listing requirements of
the AMEX for much of the year, 2005 has been a good year for DOR
BioPharma and its programs. We are in contact with the AMEX and are
working diligently to regain compliance with the AMEX listing
standards. Some of the concrete steps that we are taking to build
shareholder value will become apparent in the immediate future."
About DOR BioPharma, Inc. DOR BioPharma, Inc. is a
biopharmaceutical company focused on the development of therapeutic
products and biomedical countermeasures for areas of unmet medical
need. Our lead product, orBec(R) (oral beclomethasone
dipropionate), is a potent, locally-acting corticosteroid being
developed for the treatment of intestinal Graft-versus-Host disease
(iGVHD), a common serious complication of bone marrow
transplantation for cancer, as well as other gastrointestinal
disorders characterized by severe inflammation. We plan to file a
new drug application (NDA) with the FDA for orBec(R) for the
treatment of intestinal iGVHD later this year or early next
quarter. Through our BioDefense Division, we are developing
biomedical countermeasures pursuant to the paradigm established by
the recently enacted Project BioShield Act of 2004. Our biodefense
products in development are bioengineered vaccines designed to
protect against the deadly effects of ricin toxin and botulinum
toxin, both of which are considered serious bioterrorism threats.
Our ricin toxin vaccine, RiVaxTM, has completed the clinical
portion of its Phase I clinical trial in normal volunteers. We have
also announced the initiation of a new botulinum toxin therapeutic
development program based on rational drug design. For further
information regarding DOR BioPharma, please visit the Company's
website located at http://www.dorbiopharma.com. This press release
contains forward-looking statements, within the meaning of Section
21E of the Securities Exchange Act of 1934, that reflect DOR
BioPharma's current expectations about its future results,
performance, prospects and opportunities, including statements
regarding the potential use of orBec(R) for the treatment of iGVHD
and the prospects for regulatory filings for orBec(R). Where
possible, DOR BioPharma has tried to identify these forward-looking
statements by using words such as "anticipates", "believes",
"intends", or similar expressions. These statements are subject to
a number of risks, uncertainties and other factors that could cause
actual events or results in future periods to differ materially
from what is expressed in, or implied by, these statements. DOR
BioPharma cannot assure you that it will be able to successfully
develop or commercialize products based on its technology,
including orBec(R), particularly in light of the significant
uncertainty inherent in developing vaccines against bioterror
threats, manufacturing and conducting preclinical and clinical
trials of vaccines, and obtaining regulatory approvals, that its
technologies will prove to be safe and effective, that its cash
expenditures will not exceed projected levels, that it will be able
to obtain future financing or funds when needed, that product
development and commercialization efforts will not be reduced or
discontinued due to difficulties or delays in clinical trials or
due to lack of progress or positive results from research and
development efforts, that it will be able to successfully obtain
any further grants and awards, maintain its existing grants which
are subject to performance, enter into any biodefense procurement
contracts with the U.S. Government or other countries, that it will
be able to patent, register or protect its technology from
challenge and products from competition or maintain or expand its
license agreements with its current licensors, or that its business
strategy will be successful. Important factors which may affect the
future use of orBec(R) for iGVHD include the risks that: because
orBec(R) did not achieve statistical significance in its primary
endpoint in the pivotal Phase III clinical study (i.e. a p-value of
less than or equal to 0.05), the FDA may not consider orBec(R)
approvable based upon existing studies, orBec(R) may not show
therapeutic effect or an acceptable safety profile in future
clinical trials, if required, or could take a significantly longer
time to gain regulatory approval than DOR BioPharma expects or may
never gain approval; Dor BioPharma is dependent on the expertise,
effort, priorities and contractual obligations of third parties in
the clinical trials, manufacturing, marketing, sales and
distribution of its products; or orBec(R) may not gain market
acceptance; and others may develop technologies or products
superior to orBec(R). Dor BioPharma's business strategy has been
revised to include the issuance of its securities to acquire
companies or assets. Dor BioPharma presently is involved in
negotiations which could result in the issuance of a significant
number of shares of its equity securities, thereby diluting the
equity interests of present stockholders. These and other factors
are described from time to time in filings with the Securities and
Exchange Commission, including, but not limited to, DOR BioPharma's
most recent reports on Form 10-QSB and Form 10-KSB. DOR BioPharma
assumes no obligation to update or revise any forward-looking
statements as a result of new information, future events, and
changes in circumstances or for any other reason.
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