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LMRA > SEC Filings for LMRA > Form 8-K on 24-Nov-2008All Recent SEC Filings

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Form 8-K for LUMERA CORP


24-Nov-2008

Notice of Delisting or Failure to Satisfy a Continued Listing Rule or Standard; Trans


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

On November 18, 2008, Lumera Corporation (the "Company") received a NASDAQ Staff Determination indicating that the Company fails to comply with the minimum stockholders' equity requirements for continued listing, set forth in Marketplace Rule 4450(a)(3) and that its common stock is therefore scheduled to be delisted from The NASDAQ Global Market on November 28, 2008.

The Company intends to request a hearing before a NASDAQ Listing Qualifications Panel to review the Staff Determination, and to request that consideration of the matter be postponed until after Lumera's upcoming annual meeting, at which its proposed merger with GigOptix LLC will be considered. After that point, the new GigOptix Inc. may propose to have its stock listed on the NASDAQ Global Market, to move to the NASDAQ Capital Market or to agree that its stock will be delisted, in which case it would be traded on the OTCBB.

On November 19, 2008, the Company issued a press release announcing its receipt of the Panel's notification. A copy of the press release is being furnished as Exhibit 99.1 to this report and is incorporated herein by reference.



Item 9.01 Financial Statements and Exhibits.

(d) Exhibits

99.1 Press Release issued by the Company on November 19, 2008


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