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Emergent BioSolutions Receives NYSE Notice Regarding Delayed Form 10-Q Filing

Key Takeaway: Emergent BioSolutions Inc. confirmed it received a non-compliance notice from the NYSE regarding a delay in filing its Quarterly Report on Form 10-Q for the quarter ending September 30, 2023. The company is working to address issues related to state deferred tax liabilities and income tax benefits, which have hindered its ability to finalize financial statements. Emergent has a six-month window to become compliant again with NYSE standards after filing the necessary reports.

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CONCERNS & RISKS

  • Emergent BioSolutions received a notice from the NYSE for non-compliance due to delayed filing.
  • The filing delay is related to complex issues around state deferred tax liability and income tax benefits.
  • The company faces uncertainty in finalizing its financial statements and is unable to provide estimates for its results.

Full Press Release Details

GAITHERSBURG, Md., Nov. 24, 2023 (GLOBE NEWSWIRE) -- Emergent BioSolutions Inc. (NYSE: EBS) today confirmed that on November 16, 2023, the New York Stock Exchange (NYSE) sent a notice that the company is not in compliance with Section 802.01E of the NYSE Listed Company Manual due to a delay in filing its Quarterly Report on Form 10-Q for the quarter ended September 30, 2023 with the Securities and Exchange Commission (SEC). Notices are routinely issued by the NYSE in such situations.
Under the NYSE’s rules, Emergent will have six months from November 9, 2023 to file the Form 10-Q with the SEC, and can regain compliance with the NYSE listing standards upon filing the Form 10-Q.
As previously disclosed in the Company’s Form 12b-25 filed with the SEC on November 9, 2023, the Company is working to quantify and evaluate the impact to its reporting regarding past period state deferred tax liability and income tax benefits. Because these items also affect subsequent period reporting, the Company must complete this work prior to finalizing its financial statements for the three and nine months ended September 30, 2023 and filing its third quarter Form 10-Q. Emergent is unable to provide a complete estimate of its results of operations for the three- and nine-month periods ended September 30, 2023 while it finalizes the state tax adjustments referenced above. In addition, Emergent is continuing to assess the impact of these adjustments on prior periods and accordingly is unable to provide a comparison of its current results to the three- and nine-month periods ended September 30, 2023.
About Emergent BioSolutions
Safe Harbor Statement
This press release includes forward-looking statements within the meaning of the Private Securities Litigation Reform Act of 1995. All statements, other than statements of historical fact, including statements regarding the future performance of the Company or our business strategy, future operations, future financial position, future revenues and earnings, our ability to achieve the objectives of our restructuring initiatives, including our future results, projected costs, prospects, plans and objectives of management, are forward-looking statements. We generally identify forward-looking statements by using words like “anticipate,” “believe,” “continue,” “could,” “estimate,” “expect,” “forecast,” “future,” “goal,” “intend,” “may,” “plan,” “position,” “possible,” “potential,” “predict,” “project,” “should,” “target,” “will,” “would,” and similar expressions or variations thereof, or the negative thereof, but these terms are not the exclusive means of identifying such statements. Forward-looking statements are based on our current intentions, beliefs and expectations regarding future events based on information that is currently available. We cannot guarantee that any forward-looking statement will be accurate. Readers should realize that if underlying assumptions prove inaccurate or if known or unknown risks or uncertainties materialize, actual results could differ materially from our expectations. Readers are, therefore, cautioned not to place undue reliance on any forward-looking statement. Any forward-looking statement speaks only as of the date of this press release, and, except as required by law, we do not undertake any obligation to update any forward-looking statement to reflect new information, events or circumstances.
Executive Vice President, CFO
Vice President, Communications

Frequently Asked Questions

Why has Emergent BioSolutions been notified by the NYSE?

Emergent BioSolutions received a notice from the NYSE for not complying with filing deadlines.

What is the deadline for Emergent to file its Form 10-Q?

Emergent has six months from November 9, 2023, to file its Form 10-Q.

What is causing the delay in Emergent's 10-Q filing?

The delay is due to ongoing evaluations of state deferred tax liabilities and benefits.

Can Emergent provide its financial results for the third quarter?

No, Emergent cannot provide complete results until it finalizes tax adjustments.

Are there any forward-looking statements in the press release?

Yes, the release contains forward-looking statements regarding future performance and plans.

Last updated: Nov 24, 2023