NO they have not stated they will be meeting the deadline as they can not take on the liability of lawsuits if something happens and more issues arise. Any company would not make such a mistake to say that.
. But don't listen to LUCK. If you read the new CEO compensation agreement after bringing on Brian Driscoll you will see that there is no money to be made for Brian Driscoll taking the company private by not filing their earnings and being delisted. He makes NOTHING. This is a ludicrious statement by LUCK. After the 3rd day of trading , thereafter Restating complete earnings, Driscoll is awarded 1.5 million in stock options + an additional performance based compensation up to 2.5 million. After he recieves the shares watch him increase shareholder price then sell this company to KRAFT (Former M&A exec) , PEPSI, or KELLOG. After selling this for $45/share his stock options will be worth close to $10million. Maybe two years of work. Now thats a quick buck .
$45 / share? While major instiutions are keeping this at or around $18 currently?
At the present time I can't imagine any reputable firm taking a position at any price given the opaqueness of this management team and their financial statements. Nuts is their business - I'm beginning to think nuts is their management too.
"Diamond is working diligently to complete the restatement of its financial statements and to file all required periodic reports with the Securities and Exchange Commission as soon as practicable." [from the 25 October 2012 SEC filing] They make no guarantees in this response, but the cost of not making the deadline could be disastrous. On the other hand, I think it is likely that they will comply because of that cost.
"file all required periodic reports with the Securities and Exchange Commission as soon as practicable"
IMHO..I think DMND will NOT make the Dec 7th aka D-Day deadline. My guess is they would have said that in the PR if they planned to make the deadline.
DMND will not file until Feb 2013. I think now Brian J. Driscoll and DMND may have planned on getting delisted and going private. IMHO they might take the company private and get paid with a buyout to make up any stock loss later.