Enova Systems Inc. (NYSE MKT: ENA) (AIM: ENV) (AIM: ENVS), (the “Company”) announced that on July 5, 2012, it received notice (the “July Notice”) from the NYSE MKT (the “Exchange”) indicating that the Company no longer complies with the Exchange’s continued listing standards as set forth in Section 1003 of the NYSE MKT Company Guide (the “Company Guide”), and that its securities are, therefore, subject to being delisted from the Exchange.
By a series of letters, the Exchange previously notified the Company that it was not in compliance with the following sections of the Company Guide: (a) Section 1003(a)(iii) insofar as the Company reported stockholders’ equity of less than $6,000,000 and has incurred losses from continuing operations and/or net losses in five consecutive fiscal years; (b) Section 1003(a)(ii) insofar as the Company reported stockholders’ equity of less than $4,000,000 and has incurred losses from continuing operations and/or net losses in three out of its four most recent fiscal years; and (c) Section 1003(f)(v) insofar as its Common Stock has been trading at a low price per share for a significant period of time.
On May 17, 2012, pursuant to Section 1009 of the Company Guide, the Company submitted a plan of compliance (the “Plan”) advising the Exchange of actions the Company would take to regain compliance with Section 1003(a)(iii) and 1003(a)(ii) of the Company Guide by October 15, 2013. The July Notice stated that the financial projections provided in connection with the Plan did not demonstrate an ability to regain compliance with the minimum requirements by October 15, 2013. The July Notice further stated that, on June 25, 2012, the Company notified the Exchange that the financial projections provided with the Plan were no longer accurate and did not provide the staff of the Exchange (the “Staff”) with updated projections.
On June 25, 2012, the Company filed a Form 8-K disclosing the resignation of Chief Executive Officer and Director Michael Staran, Chief Operating Officer John Mullins and Director Rich Davies, reinforcing the Staff’s conclusion that the Company will be unable to regain compliance by October 15, 2013.
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