Wednesday, April 25, 2012

Reuters: Regulatory News: UPDATE 1-Kohlberg Capital says SEC issued Wells Notice to CFO

Reuters: Regulatory News
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UPDATE 1-Kohlberg Capital says SEC issued Wells Notice to CFO
Apr 25th 2012, 14:06

April 25 | Wed Apr 25, 2012 10:06am EDT

April 25 (Reuters) - Business development company Kohlberg Capital Corp said its Chief Financial Officer Michael Wirth has received a Wells Notice from U.S. regulators related to the restatement of some past results and how the company valued its investments.

U.S. Securities and Exchange Commission (SEC) staff are considering recommending that the regulator begin proceedings against Wirth for violating some provisions of the federal securities laws, Kohlberg Capital said in a regulatory filing.

A Wells Notice indicates that SEC staff plans to recommend that the commission take legal action, and gives a recipient a chance to mount a defense.

Kohlberg Capital, an affiliate of private equity firm Kohlberg & Co, said neither the company nor any other staff has received a Wells Notice and its officers, including its chief executive, are engaged in settlement negotiations with the SEC.

The company added that the Wells notice and the settlement will not have a material adverse impact on its business, financial conditions or results of operations.

Shares of the New York-based company were trading flat at $6.44 on Wednesday morning on the Nasdaq.

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