Crocs Complies With NASDAQ Marketplace Rule 4350(b)(1)(B)
March 17 2009 - 5:10PM
Business Wire
Crocs, Inc. (NASDAQ: CROX) today announced that its consolidated
financial statements for the fiscal year ended December 31, 2008,
included in the Company�s annual report on Form 10-K filed with the
Securities and Exchange Commission on March 17, 2009, are
accompanied by an unqualified audit opinion from the Company�s
independent registered public accounting firm, Deloitte &
Touche LLP, which has been modified to contain an explanatory
paragraph that raises substantial doubt about the Company�s ability
to continue as a going concern. This announcement is being made in
compliance with NASDAQ Marketplace Rule 4350(b)(1)(B), which
requires separate disclosure of a recent audit opinion that
contains a going concern modification opinion. This announcement
does not represent any change or amendment to the Company�s 2008
financial statements or to its annual report on Form 10-K.
As of December 31, 2008, the Company had $51.6 million in cash
and cash equivalents and $22.4 million in borrowings under its
revolving credit facility, which matures on April 2, 2009. The
company is in discussions on extending the current credit facility
and are currently negotiating with financial institutions to obtain
an asset backed lending arrangement. The company may also explore
other sources for capital to meet ongoing needs.
In the year ended December 31, 2008, the Company incurred losses
of $185.1 million, experienced declines in revenue and incurred one
time charges related primarily to restructuring activities. The
Company took significant cost cutting measures during 2008 and
intends to continue its cost cutting actions throughout 2009. The
Company has generated positive cash flows from operating activities
for each of the last three years.
About Crocs, Inc.
Crocs, Inc. is a designer, manufacturer and retailer of footwear
for men, women and children under the Crocs� brand.
All Crocs� brand shoes feature Crocs� proprietary closed-cell
resin, Croslite�, which represents a substantial innovation in
footwear. The Croslite� material enables Crocs to produce soft,
comfortable, lightweight, superior-gripping, non-marking and
odor-resistant shoes. These unique elements make Crocs� footwear
ideal for casual wear, as well as for professional and recreational
uses such as boating, hiking, hospitality and gardening. The
versatile use of the material has enabled Crocs to successfully
market its products to a broad range of consumers.
Crocs� shoes are sold in 100 countries and come in a wide array
of colors and styles. Please visit www.crocs.com for additional
information.
Forward-looking statements
The matters regarding the future discussed in this news release
include �forward-looking statements� within the meaning of the
Private Securities Litigation Reform Act of 1995, including
statements related to our cost structure, future cost cutting
initiatives, asset backed loan negotiations and sufficiency of our
cash resources and cash flows. These statements involve known and
unknown risks, uncertainties and other factors which may cause our
actual results, performance or achievements to be materially
different from any future results, performances, or achievements
expressed or implied by the forward-looking statements. These risks
and uncertainties include, but are not limited to, the following:
macroeconomic issues, including, but not limited to, the current
global financial crisis; our ability to obtain adequate financing;
our significant recent expansion; changing fashion trends; our
defense and the ultimate outcome of a pending class action lawsuit;
our ability to accurately anticipate and respond to seasonal or
quarterly fluctuations in our operating results; our management and
information systems infrastructure; our ability to obtain and
protect intellectual property rights; our reliance on third party
manufacturing and logistics providers for the production and
distribution of products; our limited manufacturing capacity and
distribution channels; our reliance on a single source supply for
certain raw materials; inherent risks associated with the
manufacture, distribution and sale of our products overseas; our
reliance on market acceptance of the small number of products we
sell; our ability to develop and sell new products; our limited
operating history; our ability to accurately forecast consumer
demand for our products; our ability to maintain effective internal
controls; our ability to attract, assimilate and retain management
talent; retail environment; our ability to effectively market and
maintain a positive brand image; the effect of competition in our
industry; the effect of potential adverse currency exchange rate
fluctuations; and other factors described in our annual report on
Form 10-K for the year ended December 31, 2008 under the heading
�Risk Factors� and our subsequent filings with the Securities and
Exchange Commission. Readers are encouraged to review that section
and all other disclosures appearing in our filings with the
Securities and Exchange Commission. We do not undertake any
obligation to update publicly any forward-looking statements,
including, without limitation, any estimate regarding revenues or
earnings, whether as a result of the receipt of new information,
future events, or otherwise.
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