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HNAB > SEC Filings for HNAB > Form 8-K on 21-Nov-2008All Recent SEC Filings

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Form 8-K for HANA BIOSCIENCES INC


21-Nov-2008

Notice of Delisting or Failure to Satisfy a Continued Listing Rule or Standa


Item 3.01 Notice of Delisting or Failure to Satisfy a Continued Listing Rule or Standard; Transfer of Listing.

On November 19, 2008, Hana Biosciences, Inc. (the "Company") received a letter from the Listing Qualifications Department (the "Staff") of The NASDAQ Stock Market, LLC ("Nasdaq") that the Company does not comply with Nasdaq Marketplace Rule 4310(c)(3), which requires the Company to have a minimum of $2,500,000 in stockholders' equity or $35,000,000 market value of listed securities or $500,000 of net income from continuing operations for the most recently completed fiscal year or two of the three most recently completed fiscal years. In its letter, the Staff noted the following: (i) based on the Company's Quarterly Report on Form 10-Q for the quarter ended September 30, 2008, the Company's stockholders' equity was ($997,106); (ii) as of November 18, 2008, the Staff determined that the market value of the Company's listed securities was $7,124,949; and (iii) the Company has reported net losses from continuing operations in each of its last three completed fiscal years.

Based on these circumstances, the Staff is reviewing the Company's eligibility for continued listing on the Nasdaq Capital Market. To facilitate this review, the Staff asked the Company to provide, on or before December 4, 2008, with a specific plan to achieve and sustain compliance with all requirements for continued listing on the Nasdaq Capital Market, including the time for completion of the plan. The Company intends to provide such a plan to the Staff by the December 4, 2008 deadline. If the Staff determines that the Company's plan is not adequate, it will provide the Company with written notice that its common stock is being delisted from the Nasdaq Capital Market. At that time, the Company may appeal the Staff's decision to a Nasdaq Listing Qualifications Panel.

There can be no assurance that the Company will be able to maintain the listing of its common stock on the Nasdaq Capital Market. Delisting from Nasdaq Capital Market may make trading the Company's common stock more difficult for investors, which may potentially lead to further declines in the share price of its common stock. It may also make it more difficult for the Company to raise additional capital through the sale of its common stock on favorable terms, or at all.

The Company's press release dated November 21, 2008 with respect to the notification from Nasdaq described above 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.

 Exhibit No.   Description
    99.1       Press release dated November 21, 2008.


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