Koss Receives Notice of Non-Compliance With Nasdaq Continued Listing Requirements
MILWAUKEE, WI -- (Marketwire) -- 09/16/09 -- Koss Corporation (NASDAQ: KOSS) received
notice from the Nasdaq Stock Market ("Nasdaq") that it no longer meets the
minimum 750,000 publicly held shares requirement for The Nasdaq Global
Market under Listing Rule 5450(b)(1)(B). Based on Koss's definitive proxy
statement filed with the Securities and Exchange Commission on September 4,
2009, Nasdaq's staff calculated the number of Koss's publicly held shares
as 688,896. For purposes of the listing requirement, publicly held shares
means total shares outstanding less any shares held by officers, directors,
or beneficial owners of 10 percent or more.
Under Nasdaq's listing rules, Koss has 15 calendar days to submit a plan to
Nasdaq to regain compliance. If the compliance plan is accepted, Nasdaq
can grant an extension of up to 105 calendar days for Koss to evidence
compliance. If the compliance plan is not accepted, Koss will have the
opportunity to appeal that decision to Nasdaq's Listing Qualifications
panel.
Koss is currently considering actions that will allow it to regain
compliance with the Nasdaq continued listing standards and maintain its
Nasdaq listing. There is no assurance that Koss will be able to take any of
these actions or that any of the actions will be sufficient to allow Koss's
Nasdaq listing to continue or for how long such listing will continue. If
Koss is unsuccessful in maintaining its Nasdaq listing, then Koss may
pursue listing and trading of Koss's common stock on the Over-The-Counter
Bulletin Board or another securities exchange or association with different
listing standards than Nasdaq.