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Force Protection Receives Additional Staff Determination Letter from Nasdaq relating to Quarterly Report on Form 10-Q
Thursday, August 14, 2008 4:53 PM
Symbols: FRPT
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Force Protection, Inc. (NASDAQ:FRPT) today announced that on August 12, 2008 it received a notice from the staff of The Nasdaq Stock Market stating that the Company is not in compliance with Nasdaq Marketplace Rule 4310(c)(14) as a result of not filing with the Securities and Exchange Commission its Form 10-Q for the quarter ended June 30, 2008 and that Force Protection is subject to having its stock delisted from the Nasdaq Capital Market. The NASDAQ previously issued a Staff Determination Letter regarding the continued listing of the Company’s stock on the Nasdaq Capital Market due to the Company’s failure to file its Annual Report on Form 10-K for the fiscal year ended December 31, 2007 and issued an Additional Staff Determination Letter regarding the Company’s failure to file its Quarterly Report on Form 10-Q for the period ended March 31, 2008. The Additional Staff Determination, dated August 12, 2008, indicates that non-compliance as a result of the Company’s failure to file its Form 10-Q serves as an additional basis for the delisting of the Company’s stock. At the Company’s request, a hearing on the Staff Determination was conducted before the Nasdaq Listing Qualifications Panel. On May 29, 2008, the Company received a letter from the Nasdaq Hearings Panel granting its request for continued listing on the Nasdaq Stock Market until September 15, 2008, subject to certain conditions. These conditions include, without limitation, that on or before September 15, 2008 Force Protection shall file with the SEC its Form 10-K for the fiscal year ended December 31, 2007, the Form 10-Q for the fiscal quarter ended March 31, 2008 and any required restatements. As a result, the Company’s common stock may remain listed with the Nasdaq Capital Market until September 15, 2008.

On March 3, 2008, Force Protection filed a Form 12b-25 with the SEC which explains certain material weaknesses in internal control over financial reporting identified by Force Protection for the year ended December 31, 2007. For further discussion of previously identified material weaknesses refer to Item 9A of the Company’s Form 10-K/A for the year ended December 31, 2006 as filed with the SEC on October 15, 2007.

Previously, Force Protection announced that as of April 10, 2008, the Company’s Audit Committee had engaged Grant Thornton LLP as the Company’s new independent registered public accounting firm for the fiscal year ended December 31, 2007 and the fiscal year ending December 31, 2008 effective as of April 10, 2008.

About Force Protection, Inc.

Force Protection, Inc. is a leading American designer, developer and manufacturer of life saving survivability equipment, predominantly ballistic- and blast-protected wheeled vehicles currently deployed by the U.S. military and its allies to support armed forces and security personnel in conflict zones. The Company’s specialty vehicles, the Cougar and the Buffalo, and the Cheetah, are designed specifically for reconnaissance, forward command and control, and urban operations and to protect their occupants from landmines, hostile fire, and improvised explosive devices (IEDs, commonly referred to as roadside bombs). The Company is one of the original developers and primary providers of vehicles for the U.S. military’s Mine Resistant Ambush Protected, or MRAP, vehicle program.

For more information on Force Protection and its vehicles, visit www.forceprotection.net.

Safe Harbor Language

This press release contains forward-looking statements, including statements regarding the Company’s continued listing on The Nasdaq Capital Market; the estimated timing for the filing of restatement of the Company’s financial statements set forth in the Quarterly Report on Form 10-Q for the period ended September 30, 2007; the estimated timing for the filing of the Annual Report on Form 10-K for the year-ended December 31, 2008 and the filing of the Quarterly Reports on Form 10-Q for the quarter-ended March 31, 2008 and June 30, 2008; the Company’s expectations with regard to management’s evaluation of internal control over financial reporting, including management’s ability to remediate weaknesses identified in this notice; the scope and number of material weaknesses in internal control over financial reporting and their potential impact on the restatement process and estimated 2007 reviews. Statements that are not historical facts, including statements about the Company’s beliefs and expectations, are forward-looking statements. These statements are based on beliefs and assumptions by Force Protection’s management, and on information currently available to management. Forward-looking statements speak only as of the date they are made, and the Company undertakes no obligation to update any of them publicly in light of new information or future events. A number of important factors could cause actual result to differ materially from those contained in any forward-looking statements. These statements involve a number of risks and uncertainties that could cause actual results to differ materially from those expressed in the forward-looking statements. These risks and uncertainties include, but are not limited to, potential claims or liability that could arise as a result of the Company’s restatement of its financial statements; the Company’s ability to identify and remedy internal control weaknesses and deficiencies; the Company’s ability to effectively manage the risks in its business; the reaction of the marketplace to the foregoing; and any further errors in our accounting that the Company may find which could cause it to restate its financial statements for additional periods; and other risk factors and cautionary statements listed in the Company’s periodic reports filed with the Securities and Exchange Commission, including the risks set forth in the Company’s Form 10-Q for the quarter ended September 30, 2007.

Force Protection, Inc.
Company Contact:
Tommy Pruitt
Senior Communications Director
843-574-3866
or
Investor Relations Contact:
ICR, Inc.
James Palczynski
Principal and Director
203-682-8229

(Source: Business Wire )



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