NitroMed Receives Notification from NASDAQ Regarding Non-Compliance with NASDAQ's Minimum Bid Price Requirement
September 16 2008 - 6:00PM
Business Wire
NitroMed, Inc. (NASDAQ: NTMD) reported that on September 16, 2008
it received a letter from The NASDAQ Stock Market�s Listing
Qualifications Department providing notification that, for the last
30 consecutive business days, the bid price of NitroMed�s common
stock has closed below the minimum $1.00 per share requirement for
continued inclusion on The NASDAQ Global Market under NASDAQ
Marketplace Rule 4450(a)(5), referred to as the minimum bid price
rule. NASDAQ stated in such notification that, in accordance with
NASDAQ Marketplace Rule 4450(e)(2), NitroMed has 180 calendar days,
or until March 16, 2009, to regain compliance with the minimum bid
price rule. The NASDAQ notification also states that if at any time
before March 16, 2009, the bid price of the Company�s common stock
closes at $1.00 per share or more for a minimum of 10 consecutive
business days, NASDAQ will provide written notification that the
company has achieved compliance with the minimum bid price rule,
although NASDAQ may, in its discretion, require that an issuer
maintain a bid price of in excess of $1.00 for a period in excess
of 10 days, but generally no more than 20 days, before determining
that it has demonstrated the ability to maintain long-term
compliance. If NitroMed does not regain compliance with the minimum
bid price rule by March 16, 2009, NASDAQ will provide written
notification that the company�s securities will be delisted from
The NASDAQ Global Market. At that time, NitroMed may appeal
NASDAQ�s determination to delist the company�s securities to a
NASDAQ Listing Qualifications Panel. Alternatively, in the event
such delisting is based solely upon non-compliance with the minimum
bid price rule, NitroMed could apply to transfer its securities to
The NASDAQ Capital Market, provided that NitroMed satisfies the
requirements for initial listing on such market set forth in NASDAQ
Marketplace Rule 4310(c), other than the minimum bid price rule. If
such an application were approved and NitroMed otherwise maintains
the listing requirements for The NASDAQ Capital Market, other than
the minimum bid price requirement, NitroMed would be afforded the
remainder of The NASDAQ Capital Market�s second 180 calendar day
grace period in order to regain compliance with the minimum bid
price rule. About NitroMed, Inc. NitroMed of Lexington,
Massachusetts is the maker of BiDil� (isosorbide
dinitrate/hydralazine hydrochloride), an orally administered
medicine available in the United States for the treatment of heart
failure in self-identified black patients. In this population,
BiDil is indicated for the treatment of heart failure as an adjunct
to current standard therapy, to improve survival, prolong time to
hospitalization for heart failure and improve patient-reported
functional status. There is little experience in patients with New
York Heart Association (NYHA) class IV heart failure. Most patients
in the clinical trial supporting effectiveness, referred to as
A-HeFT, received, in addition to BiDil or placebo, a loop diuretic,
an angiotensin converting enzyme inhibitor or an angiotensin II
receptor blocker, and a beta blocker, and many also received a
cardiac glycoside or an aldosterone antagonist. Forward Looking
Statements Statements in this press release about future
expectations, plans and prospects for the Company constitute
forward-looking statements within the meaning of The Private
Securities Litigation Reform Act of 1995. Actual results may differ
materially from those indicated by such forward-looking statements
as a result of various important factors, including risks related
to: events or developments affecting the Company�s share price in
the near term that may affect its ability to achieve the minimum
bid price requirement, including many factors outside of the
Company�s control; the Company�s potential inability to maintain
compliance with other listing requirements between now and March
16, 2009, which could result in delisting even if the Company
achieved compliance with the minimum bid price rule during such
time; the risk that NASDAQ exercises its discretion to require that
the Company maintain a bid price of at least $1.00 per share for a
period in excess of 10 days before determining that the Company
demonstrated the ability to achieve long term compliance; the
Company�s failure to successfully appeal NASDAQ�s delisting
determination, if at all, or meet the requirements for listing on
the NASDAQ Capital Market, if it fails to achieve the minimum bid
price requirement by March 16, 2009; and other important risks
relating to the company�s business, prospects, financial condition
and results of operations that are discussed in the Section titled
�Risk Factors� in the Company�s Quarterly Report on Form 10-Q for
the quarter ended June 30, 2008, which has been filed with the SEC,
and in the other filings that the Company makes with the SEC from
time to time. The forward-looking statements included in this press
release represent the Company�s views as of the date of this
release. The Company anticipates that subsequent events and
developments will cause the Company�s views to change. However,
while the Company may elect to update these forward-looking
statements at some point in the future, the Company specifically
disclaims any obligation to do so. These forward-looking statements
should not be relied upon as representing the Company�s views as of
any date subsequent to the date of this release.
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