Crystallex Receives Delisting Notification From NYSE Amex
April 06 2011 - 8:55AM
Marketwired
Crystallex International Corporation (TSX: KRY)(NYSE Amex: KRY)
(the "Company") has received notice, dated April 5, 2011, that the
NYSE Amex LLC (the "Exchange") intends to proceed with an
application to the United States Securities and Exchange Commission
(the "SEC") to remove the Company's common shares from listing on
the Exchange. This determination, which the Company intends to
appeal, was made in light of the Exchange staff's position that the
Company is not in current compliance with certain standards for
continued listing on the Exchange set forth in Part 10 of the NYSE
Amex LLC Company Guide (the "Company Guide").
Specifically, the Exchange staff believes that the Company is
not in compliance with (i) Section 1003(c)(i) of the Company Guide
on the basis that the Company has "substantially discontinued the
business that it conducted at the time it was listed or admitted to
trading" with the Exchange, and is no longer an operating company
for purposes of continued listing on the Exchange, and (ii) Section
1002(c) of the Company Guide, which states that "the Exchange, as a
matter of policy, will consider the suspension of trading in, or
removal from listing or unlisting trading of, any security when, in
the opinion of the Exchange the issuer has sold or otherwise
disposed of its principal operating assets, or has ceased to be an
operating company".
The Exchange staff has made this determination based on
information disclosed by the Company in its Annual Information Form
for the year ended December 31, 2010, dated March 31, 2011 (which
forms a part of the Company's Annual Report on Form 40-F).
Specifically, the Exchange staff referred to events surrounding the
termination of the Company's Mine Operating Contract (the "MOC") by
the Corporacion Venezolana de Guayana on February 3, 2011 because
of the lack of progress to the Las Cristinas Project for more than
one year and for reasons of "opportunity and convenience"; the
Company's filing of a request for arbitration against Venezuela
before the Additional Facility of the World Bank's Centre for
Settlement of Investment Disputes, which is currently pending; the
Company's commencement of an orderly handover of the Las Cristinas
Project including, but not limited to, the security for the site,
personnel and social projects; and the fact that the Company's main
asset is the pending arbitration, and that no other properties are
currently owned or operated by the Company and mine exploration has
ceased. The Exchange staff also noted that over the last 30 trading
days, the price per share of the Company's common shares has
averaged US$0.15 per share and as of April 1, 2011, it closed at
US$0.16 per share. Based on this low selling price, along with the
information referred to above, the Exchange staff believe that the
Company's common shares are not suitable for continued listing.
In accordance with Sections 1009(d) and 1203 of the Company
Guide, within seven calendar days of the date of the receipt of the
notice from the Exchange, the Company plans to appeal the Exchange
staff's determination by requesting an oral hearing before a
Listing Qualifications Panel. There can be no assurance that the
Company's request for continued listing following the appeal will
be granted.
The Company reasonably believes that there is value in the
Company and is continuing to take steps to seek, through the
arbitration process, full restitution by Venezuela of its
investments, including the MOC, and the issuance of the
Authorization to Affect Natural Resources permit from the Ministry
of Environment and Natural Resources and compensation for interim
losses suffered, or, alternatively full compensation for the value
of its investment in an amount in excess of US$3.8 billion. While
pursuing the arbitration claim, the Company is continuing to seek
settlement alternatives with the government of Venezuela, which
would result, if completed successfully, in value to the Company's
stakeholders. The Company's common shares will continue to trade on
the Toronto Stock Exchange and will recommence trading on the
Exchange while the Company's appeal is pending. The Company will
continue its normal course of business operations notwithstanding
the status of its Exchange listing.
About Crystallex
Crystallex International Corporation is a Canadian based
company, whose principal asset is its international claim in
relation to its investment in the Las Cristinas gold project
located in Bolivar State, Venezuela. Crystallex shares trade on TSX
(symbol: KRY) and NYSE-Amex (symbol: KRY).
SPECIAL NOTE REGARDING FORWARD-LOOKING STATEMENTS: Certain
statements included or incorporated by reference in this Press
Release, including information as to the future financial or
operating performance of the Company, its subsidiaries and its
projects, constitute forward-looking statements. The words
"believe", "expect", "anticipate", "contemplate", "target", "plan",
"intends", "continue", "budget", "estimate", "may", "schedule" and
similar expressions identify forward-looking statements.
Forward-looking statements include, among other things, statements
regarding targets, estimates and assumptions in respect of gold
production and prices, operating costs, results and capital
expenditures, mineral reserves and mineral resources and
anticipated grades and recovery rates. Forward-looking statements
are necessarily based upon a number of estimates and assumptions
that, while considered reasonable by the Company, are inherently
subject to significant business, economic, competitive, political
and social uncertainties and contingencies. Many factors could
cause the Company's actual results to differ materially from those
expressed or implied in any forward-looking statements made by, or
on behalf of, the Company. Such factors include, among others,
risks relating to additional funding requirements, political and
foreign risk, uninsurable risks, competition, environmental
regulation and liability, government regulation, currency
fluctuations, recent losses and write-downs and dependence on key
employees. See "Risk Factors" section of the Company's MD&A.
Due to risks and uncertainties, including the risks and
uncertainties identified above, actual events may differ materially
from current expectations. Investors are cautioned that
forward-looking statements are not guarantees of future performance
and, accordingly, investors are cautioned not to put undue reliance
on forward-looking statements due to the inherent uncertainty
therein. Forward-looking statements are made as of the date of this
Press Release and the Company disclaims any intent or obligation to
update publicly such forward-looking statements, whether as a
result of new information, future events or results or
otherwise.
Contacts: Investor Relations Contact: Crystallex International
Corporation Richard Marshall, VP (800) 738-1577 info@crystallex.com
www.crystallex.com
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