RTW Retailwinds, Inc. Announces Suspension of Trading on NYSE; Common Stock Now Trading on OTC Pink
July 07 2020 - 4:05PM
Business Wire
RTW Retailwinds, Inc. [NYSE:RTW], an omni-channel specialty
apparel retail platform for powerful celebrity and consumer brands,
today announced that on July 6, 2020, the Company received
confirmation that the New York Stock Exchange (“NYSE”) will apply
to the Securities and Exchange Commission to delist the Company’s
common stock upon completion of all applicable procedures,
including any appeal by the Company of the decision. Trading of the
Company’s common stock on the NYSE was suspended on July 6, 2020.
The Company does not intend to appeal the decision.
As a result, the Company’s trading of its common stock commenced
on July 7, 2020 on the OTC Pink, under the symbol “RTWI.”
The Company’s transition to the OTC Pink does not affect the
Company’s business operations, nor does it trigger any violation of
its asset-based credit facility or other obligations.
As previously reported, on June 19, 2020, the Company received
notice from the NYSE that the Company is non-compliant under
Section 802.01B of the NYSE Listed Company Manual, as the result of
the Company’s average market capitalization over a consecutive 30
trading-day period was less than $50 million and its stockholders’
equity was less than $50 million. As required by Section 802.02 of
the NYSE Listing Rules, on June 25, 2020, the Company issued a
press release disclosing the fact that it has fallen below the
continued listing standard.
Given the Company’s challenging financial situation as a result
of the significant downturn in business that is exacerbated by
store closures due to COVID-19, the Company is unable to take
advantage of the cure process specified in Section 802.02 of the
NYSE Listing Rules. The Company has experienced substantial and
recurring losses from operations. As such, the Company has been
considering available options including restructuring its
obligations or seeking protection under the bankruptcy laws. For
further information regarding the Company’s financial position and
results of operations, please see its Annual Report on Form 10-K
for the fiscal year ended February 1, 2020, as filed with the
Securities and Exchange Commission on June 9, 2020.
About RTW Retailwinds
RTW Retailwinds, Inc. (together with its subsidiaries, the
"Company") is a specialty women's omni-channel retailer with a
powerful multi-brand lifestyle platform providing curated fashion
solutions that are versatile, on-trend, and stylish at a great
value. The specialty retailer, first incorporated in 1918, has
grown to now operate approximately 385 retail and outlet locations
in 35 states while also growing a substantial eCommerce business.
The Company's portfolio includes branded merchandise from New York
& Company, Fashion to Figure, and Happy x Nature, and
collaborations with Eva Mendes, Gabrielle Union and Kate Hudson.
The Company's branded merchandise is sold exclusively at its retail
locations and online at www.nyandcompany.com,
www.fashiontofigure.com, www.happyxnature.com, and through its
rental subscription businesses at www.nyandcompanycloset.com and
www.fashiontofigurecloset.com. Additionally, certain product, press
releases and SEC filing information concerning the Company are
available at the Company's website: www.nyandcompany.com.
Forward-looking Statements
This press release contains certain forward-looking statements,
including statements made within the meaning of the safe harbor
provisions of the United States Private Securities Litigation
Reform Act of 1995. Some of these statements can be identified by
terms and phrases such as “expect,” “anticipate,” “believe,”
“intend,” “estimate,” “continue,” “could,” “may,” “plan,”
“project,” “predict,” and similar expressions and references to
assumptions that the Company believes are reasonable and relate to
its future prospects, developments and business strategies. Such
statements, are subject to various risks and uncertainties that
could cause actual results to differ materially. Factors that could
cause the Company's actual results to differ materially from those
expressed or implied in such forward-looking statements include,
but are not limited to, (i) the risks associated with the spread of
COVID-19 and its impact on the Company's sales and supply chain
including the Company's store closures as a result therefrom and
significant declines in revenues caused thereby, and that the
Company has been considering available options including
restructuring its obligations or seeking protection under the
bankruptcy laws in which case there will likely not be any value
distributed to its shareholders and its shares could be cancelled
for no consideration; (ii) the Company's dependence on mall traffic
for its sales and the continued reduction in the volume of mall
traffic; (iii) the Company's ability to anticipate and respond to
fashion trends; (iv) the impact of general economic conditions and
their effect on consumer confidence and spending patterns; (v)
changes in the cost of raw materials, distribution services or
labor; (vi) the potential for economic conditions to negatively
impact the Company's merchandise vendors and their ability to
deliver products; (vii) the Company's ability to open and operate
stores successfully; (viii) seasonal fluctuations in the Company's
business; (ix) competition in the Company's market, including
promotional and pricing competition; (x) the Company's ability to
retain, recruit and train key personnel; (xi) the Company's
reliance on third parties to manage some aspects of its business;
(xii) the Company's reliance on foreign sources of production;
(xiii) the Company's ability to protect its trademarks and other
intellectual property rights; (xiv) the Company's ability to
maintain, and its reliance on, its information technology
infrastructure; (xv) the effects of government regulation; (xvi)
the control of the Company by its largest shareholder and any
potential change of ownership of the Company including the shares
held by its largest shareholder; (xvii) the impact of tariff
increases or new tariffs; (xviii) risks arising from the suspension
of trading of the Company’s common stock on the NYSE; and (xix)
those discussed under the heading "Item 1A. Risk Factors" in this
Annual Report on Form 10-K. The Company undertakes no obligation to
revise the forward-looking statements included in this press
release to reflect any future events or circumstances.
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version on businesswire.com: https://www.businesswire.com/news/home/20200707005880/en/
Investor Relations Contact: ICR, Inc. (203) 682-8200
Allison Malkin
RTW Retailwinds (NYSE:RTW)
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