AXM Pharma Receives Notification from American Stock Exchange.CITY OF INDUSTRY, Calif. -- AXM AXM Astonishing X-Men (comic) AXM Authorized Cross Memory Pharma, Inc. (AMEX AMEX See: American Stock Exchange : AXJ AXJ Accion por la Justicia (Spanish) AXJ Asia Excluding Japan ), a manufacturer of proprietary and generic pharmaceutical and nutraceutical products for the Chinese and other Asian markets, announced today that it has received a letter from the Staff of the American Stock Exchange American Stock Exchange (AMEX) Stock exchange in the U.S. Originally known as “the Curb,” it began as an outdoor marketplace in New York City c. 1850. It moved indoors to its present location in the Wall Street area in 1921. ("Amex" or the "Exchange") stating that it intends to proceed with the filing of an application with the Securities and Exchange Commission ("SEC") pursuant to Section 1009 of the Amex Company Guide to delist the Company's common stock from the Exchange. Specifically, Amex cited the Company's inability to make a reasonable demonstration, in its plan of compliance dated March 3, 2006, of the Company's likelihood of regaining compliance with Section 1003(a)(iv) of the Amex Company Guide by May 2, 2006, due to the Company's sustained losses which are so substantial in relation to its overall operations or its existing financial resources, or its financial condition has become so impaired that it appears questionable, in the opinion of the Amex, as to whether the Company will be able to continue operations and/or meet its obligations as they mature. Amex also cited the Company's noncompliance noncompliance failure of the owner to follow instructions, particularly in administering medication as prescribed; a cause of a less than expected response to treatment. noncompliance with Section 1003(a)(iii) of the Amex Company Guide which requires a company to maintain stockholders' equity Stockholders' Equity The portion of the balance sheet that includes capital received from investors in exchange for stock (paid-in capital), donated capital, and retained earnings. This is equal to total assets minus liabilities, preferred stock and intangible assets. in excess of $6 million if it has sustained losses from continuing operations continuing operations Parts of a business that are expected to be maintained as an ongoing segment of an overall business operation. Income and losses from continuing operations are reported separately if any segments have been discontinued during the and/or net losses in its five most recent fiscal years. Finally, Amex indicated that during the period between August 31, 2005 and September 19, 2005, the Company, in certain instances, failed to comply with Section 301 of the Amex Company Guide which provides that a listed company listed company n → compañía cotizable listed company n → société cotée en Bourse listed company list n → is not permitted to issue or register additional securities of a listed class until it has filed an application for the listing of such additional securities and received notification from the Exchange that the securities have been approved for listing. Amex also cited, pursuant to Section 1003(f)(iii) of the Company Guide, its concern regarding the ongoing SEC investigation into the Company and other parties affiliated with the Company for violations of federal securities laws. The letter indicates that the Company has a limited right to appeal the determination by requesting an oral hearing or a hearing based on a written submission before a Listing Qualifications Panel. Such a request must be received by April 27, 2006. At this time, the Company is reviewing and considering its course of action. In the event the Company's common stock is delisted from the Amex, the Company intends to pursue a listing on the Over-The-Counter Bulletin Board. About AXM Pharma, Inc. AXM Pharma, Inc., through its wholly owned subsidiary Wholly Owned Subsidiary A subsidiary whose parent company owns 100% of its common stock. Notes: In other words, the parent company owns the company outright and there are no minority owners. , AXM Pharma Shenyang, Inc. ("AXM Shenyang"), is a manufacturer of proprietary and generic pharmaceutical products, which include injectables, capsules, tablets, liquids and medicated medicated /med·i·cat·ed/ (med´i-kat?id) imbued with a medicinal substance. medicated contains a medicinal substance. skin products for export and domestic Chinese sales. AXM Shenyang is located in the City of Shenyang, in the Province of Liaoning, China. AXM Shenyang has an operating history of approximately 10 years. For additional information on AXM Pharma Inc., please visit http://www.axmpharma.com. Safe Harbor Safe Harbor 1. A legal provision to reduce or eliminate liability as long as good faith is demonstrated. 2. A form of shark repellent implemented by a target company acquiring a business that is so poorly regulated that the target itself is less attractive. Statement under the Private Securities Litigation Reform Act The Private Securities Litigation Reform Act of 1995 (PSLRA) implemented several significant substantive changes affecting certain cases brought under the federal securities laws, including changes related to pleading, discovery, liability, class representation and awards fees and of 1995: The statements contained in this news release include certain predictions and projections that may be considered forward-looking statements under securities law, including the statements regarding the Company's opportunities for future growth. These statements involve a number of important risks and uncertainties that could cause actual results to differ materially including, but not limited to, the performance of joint venture partners, obtaining regulatory approvals to market the Company's products, the uncertainties associated with distributing products in a developing country such as China, the availability of cash to meet near term requirements as well as other economic, competitive and technological factors involving the Company's operations, markets, services, products and prices. With respect to AXM, except for the historical information contained herein, the matters discussed in this news release are forward-looking statements involving risks and uncertainties that could cause actual results to differ materially from those in such forward-looking statements. Potential risks and uncertainties include, but are not limited to, AXM's extremely limited operating history, uncertainties related to the Company's access to additional capital, competition and dependence on key management. |
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