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EX-99.1 - PRESS RELEASE - TENAX THERAPEUTICS, INC.oxbt_ex991.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): May 15, 2013

Oxygen Biotherapeutics, Inc.
(Exact name of registrant as specified in its charter)

Delaware
 
001-34600
 
26-2593535
(State or other jurisdiction of incorporation)
 
(Commission
File Number)
 
(IRS Employer
Identification No.)

ONE Copley Parkway, Suite 490
Morrisville, NC 27560
(Address of principal executive offices) (Zip Code)

919-855-2100
(Registrant’s telephone number, including area code)

N/A
(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:

o
Written communications pursuant to Rule 425 under the Securities Act (17 CFR 230.425)
 
o
Soliciting material pursuant to Rule 14a-12 under the Exchange Act (17 CFR 240.14a-12)
 
o
Pre-commencement communications pursuant to Rule 14d-2(b) under the Exchange Act (17 CFR 240.14d-2(b))
 
o
Pre-commencement communications pursuant to Rule 13e-4(c) under the Exchange Act (17 CFR 240.13e-4(c))



 
 
 

 
 
Item 8.01
Other Events.

On May 15, 2013, Oxygen Biotherapeutics, Inc. (the “Company”) received notice from the NASDAQ Listing Qualifications Panel (the “Panel”) that the Panel has determined to grant the Company’s request for continued listing on The NASDAQ Capital Market pursuant to an extension through June 3, 2013 to evidence compliance with the minimum $1.00 bid price requirement, as set forth in NASDAQ Listing Rule 5550(a), and through July 31, 2013 to evidence compliance with the minimum $2.5 million stockholders’ equity requirement, as set forth in NASDAQ Listing Rule 5550(b), for continued listing on The NASDAQ Capital Market.

The determination follows the Company’s hearing before the Panel on May 2, 2013, at which the Panel considered the Company’s plan to regain and sustain compliance with the minimum bid price and stockholders’ equity requirements for continued listing on The NASDAQ Capital Market.  The Company is working to timely evidence compliance with the terms of the Panel’s decision; however, there can be no assurance that it will be able to do so.

On May 16, 2013, the Company issued a press release regarding the NASDAQ decision described above.  A copy of the press release is attached hereto as Exhibit 99.1 and is incorporated herein by reference.

Item 9.01
Financial Statements and Exhibits.

(d)
Exhibits

Exhibit No.
 
Description
 
Press Release dated May 16, 2013

 
 
2

 
SIGNATURES

Pursuant to the requirements of the Securities Exchange Act of 1934, the registrant has duly caused this report to be signed on its behalf by the undersigned hereunto duly authorized.
 
 
 
Oxygen Biotherapeutics, Inc.
 
       
Date: May 16, 2013
By:
/s/ Michael B. Jebsen  
   
      Michael B. Jebsen
 
   
      Chief Financial Officer and Interim  Chief Executive Officer
 
       
 

 
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EXHIBIT INDEX

Exhibit No.
 
Description
 
Press Release dated May 16, 2013

 
4