Attached files
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| EX-99.1 - CAPRICOR THERAPEUTICS, INC. | v204647_ex99-1.htm |
UNITED
STATES
SECURITIES
AND EXCHANGE COMMISSION
WASHINGTON,
D.C. 20549
FORM
8-K
CURRENT
REPORT
PURSUANT
TO SECTION 13 OR 15(d) OF THE
SECURITIES
EXCHANGE ACT OF 1934
Date of
report (Date of earliest event reported): November 30, 2010
NILE
THERAPEUTICS, INC.
(Exact
name of Registrant as Specified in its Charter)
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Delaware
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001-34058
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88-0363465
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||
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(State
or other jurisdiction
of
incorporation)
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(Commission
File
Number)
|
(I.R.S.
Employer
Identification
No.)
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4
West 4th Ave., Suite 400
San
Mateo, California 94402
(Address
of Principal Executive Offices)
(650)
458-2670
(Registrant’s
telephone number, including area code)
Not
Applicable
(Former
name or former address, if changed since last report)
Check the
appropriate box below if the Form 8-K filing is intended to simultaneously
satisfy the filing obligation of the registrant under any of the following
provisions:
|
¨
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Written
communications pursuant to Rule 425 under the Securities Act (17 CFR
230.425)
|
|
¨
|
Soliciting
material pursuant to Rule 14a-12 under the Exchange Act (17 CFR
240.14a-12)
|
|
¨
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Pre-commencement
communications pursuant to Rule 14d-2(b) under the Exchange Act (17 CFR
240.14d-2(b))
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¨
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Pre-commencement
communications pursuant to Rule 13e-4(c) under the Exchange Act (17 CFR
240.13e-4(c))
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Item 3.01.
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Notice
of Delisting or Failure to Satisfy a Continued Listing Rule or Standard;
Transfer of Listing.
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As
previously disclosed, on June 1, 2010, Nile Therapeutics, Inc. (the
“Company”) received a notice from the Listing Qualifications Department
(the “Staff”) of The NASDAQ Stock Market LLC (“NASDAQ”) stating that the
minimum bid price of the Company’s common stock had been below $1.00 per share
for 30 consecutive business days and that the Company was therefore not in
compliance with the minimum bid price requirement for continued listing on The
NASDAQ Capital Market set forth in Listing Rule 5550(a)(2) (the
“Rule”). The notice indicated that, in accordance with Listing Rule
5810(c)(3)(A), the Company had been granted 180 calendar days, or until November
29, 2010, to evidence compliance with the minimum bid price
requirement.
The
Company did not regain compliance with the Rule by November 29, 2010 and,
accordingly, on November 30, 2010, the Company received written
notification from the Staff (the “Staff Determination”) stating that the
Company’s common stock would be subject to delisting from The NASDAQ
Capital Market unless the Company requests a hearing to the NASDAQ Listing
Qualifications Panel (the “Panel”).
The
Company intends to request a hearing before the Panel to review the
Staff Determination, which will stay any action with respect to the Staff
Determination and allow the continued listing of the Company’s common stock on
The NASDAQ Capital Market until the Panel renders a decision subsequent to
the hearing. At the hearing, the Company intends to present a plan to
regain compliance with the Rule and request that the Panel allow the
Company additional time within which to regain compliance. There can be no
assurance that the Panel will grant the Company’s request for continued listing
on The NASDAQ Capital Market.
On
December 3, 2010, the Company issued a press release announcing receipt
of the Staff Determination. A copy of the press release is
attached to this Form 8-K as Exhibit 99.1 and is incorporated herein
by reference.
Item
9.01. Financial Statements and Exhibits.
(d) Exhibits.
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Exhibit No.
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Description
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99.1
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Press
release dated December 3, 2010.
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SIGNATURES
Pursuant to the requirements of the
Securities Exchange Act of 1934, as amended, the Registrant has duly caused this
report to be signed on its behalf by the undersigned, hereunto duly
authorized.
| NILE THERAPEUTICS, INC. | |||
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Date: December
6, 2010
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By:
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/s/ Daron Evans | |
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Daron
Evans
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|||
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Chief
Financial Officer
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1
EXHIBIT INDEX
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Exhibit No.
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Description
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99.1
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Press
release dated December 3, 2010.
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2