NovaStar Financial, Inc. Intends to Request a Review of NYSE Determination That It Does Not Meet Applicable Listing Standards an
17 Octobre 2007 - 10:10PM
PR Newswire (US)
KANSAS CITY, Mo., Oct. 17 /PRNewswire-FirstCall/ -- NovaStar
Financial, Inc. (NYSE:NFI), a residential mortgage portfolio
manager, today announced that it has been advised by the staff of
NYSE Regulation, Inc. that the company's Common Stock (ticker
symbol: NFI) and its 8.90% Class C Cumulative Redeemable Preferred
Stock (ticker symbol: NFI PR C) no longer meet applicable standards
for continued listing on the New York Stock Exchange due to a
previously announced change in the company's corporate structure.
NovaStar intends to request a review of this determination and will
explore alternative arrangements for the listing or quoting of its
common and preferred stock. The company's securities are expected
to continue to trade on the NYSE pending review of the NYSE's
determination. There can be no assurances that the company will
receive a favorable review of the staff's determination or, if its
securities are delisted from the NYSE, that they will trade in
another securities marketplace. On September 17, 2007, NovaStar
announced a decision not to declare a dividend related to its 2006
taxable income, causing the company's status as a Real Estate
Investment Trust (REIT) to terminate, retroactive to January 1,
2006. NovaStar now operates as a C corporation, and this change in
corporate structure requires the Company to satisfy the criteria
for original listing as a corporation. Given the current market
capitalization of NovaStar and other factors, the NYSE has advised
the company that it does not meet the original listing requirements
for a corporation. Under NYSE procedures, a listed company has the
right to a review of a staff determination by a Committee of the
Board of Directors of NYSE. The request for review must be filed in
writing within 10 business days after receiving the notice of the
staff's determination. The company's understanding is that a
suspension date will be announced by the NYSE if the company fails
to properly request a review within the applicable 10-day period,
if the Committee's review upholds the staff's determination, or if
the Company is approved to begin trading in another securities
marketplace. The NYSE has indicated that it may, at any time,
suspend a security if it believes that continued dealings in the
security on the NYSE are not advisable. About NovaStar NovaStar
Financial, Inc. (NYSE:NFI) is a specialty finance company that
focuses on single-family mortgage loans and mortgage-backed
securities. NovaStar is headquartered in Kansas City, Missouri. For
more information, please reference our website at
http://www.novastarmortgage.com/. This Press Release contains
forward-looking statements within the meaning of Section 21E of the
Securities Exchange Act of 1934, as amended, regarding management's
beliefs, estimates, projections, and assumptions with respect to,
among other things, our future operations, business plans and
strategies, as well as industry and market conditions, all of which
are subject to change at any time without notice. Actual results
and operations for any future period may vary materially from those
projected herein and from past results. Some important factors that
could cause actual results to differ materially from those
anticipated include: our ability to consummate the sale of
substantially all of our mortgage servicing rights and servicing
advances; our ability to continue the operation of our mortgage
servicing business pending the sale of substantially all of our
mortgage servicing rights and servicing advances; our ability to
manage and operate our business during this difficult period for
the subprime industry; our ability to effectively manage our
portfolio and our brokering business in light of recent changes to
our business and the subprime industry; our ability to continue as
a "going concern"; the effect of our inability to consummate our
recently announced transactions with MassMutual and Jefferies on
our business; our ability to generate and maintain sufficient
liquidity on favorable terms or at all; the impact of the loss of
our REIT status as of January 1, 2006, on our financial statements,
liquidity and covenants under certain of our financing agreements;
our ability to obtain necessary waivers of, or amendments to,
covenants contained in our financing agreements; the impact of the
sale of our mortgage servicing rights and servicing advances on our
financial statements; our ability to recommence our wholesale
business or expand our retail business if market conditions
improve; our ability to remain listed on the NYSE; our ability to
originate and sell loans at a profit and under favorable terms, or
at all, under the current circumstances; impairments on our
mortgage assets; increases in prepayment or default rates on our
mortgage assets; increases in loan repurchase requests; our ability
to use our net loss carryforwards and net unrealized built-in
losses; changes in the types of products we offer; inability of
potential borrowers to meet our underwriting guidelines; changes in
assumptions regarding estimated loan losses and fair value amounts;
our ability to improve and maintain effective internal control over
financial reporting and disclosure controls and procedures in the
future; our ability to operate effectively with a reduced
workforce; finalization of the amount and terms of any severance
provided to terminated employees; finalization of the accounting
impact of our previously announced reductions in workforce; events
impacting the subprime mortgage industry in general, including
events impacting our competitors and liquidity available to the
industry; the initiation of margin calls under our credit
facilities; the ability of our servicing operations to maintain
high performance standards and maintain appropriate ratings from
rating agencies; our ability to generate acceptable income while
maintaining an acceptable level of overhead; residential property
values; interest rate fluctuations on our assets that differ from
our liabilities; the outcome of litigation or regulatory actions
pending against us or other legal contingencies, including the
outcome of the previously disclosed California case; our compliance
with applicable local, state and federal laws and regulations or
opinions of counsel relating thereto and the impact of new local,
state or federal legislation or regulations or opinions of counsel
relating thereto or court decisions on our operations; our ability
to adapt to and implement technological changes; compliance with
new accounting pronouncements; the impact of general economic
conditions; and the risks that are from time to time included in
our filings with the SEC, including our Annual Report on Form 10-K
for the year ended December 31, 2006, our quarterly reports on Form
10-Q for the periods ending March 31, 2007, and June 30, 2007.
Other factors not presently identified may also cause actual
results to differ. Words such as "believe," "expect," "anticipate,"
"promise," "plan," "intend" and other expressions or words of
similar meanings, as well as future or conditional verbs such as
"will," "would," "should," "could," or "may" are generally intended
to identify forward-looking statements. This press release speaks
only as of its date and we expressly disclaim any duty to update
the information herein. DATASOURCE: NovaStar Financial, Inc.
CONTACT: Media Relations, Richard M. Johnson, +1-913-649-8885, or
Investor Relations, Jeffrey A. Gentle, +1-816-237-7424, both of
NovaStar Financial, Inc. Web site: http://www.novastarmortgage.com/
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