ITEM 3.01. NOTICE OF DELISTING OR FAILURE TO SATISFY A CONTINUED LISTING RULE OR
STANDARD; TRANSFER OF LISTING
On January 6, 2009, the NYSE Alternext US LLC ("Exchange") notified the Company
that it had granted the Company a further extension until February 27, 2009 to
regain compliance with the continued listing standards of Section 1003(a)(iv) of
the Exchange Company Guide.
Previously, on April 8, 2008, the Company received notice from the Exchange
Staff indicating that the Company was below certain of the Exchange's continued
listing standards. Specifically, the notice provided that the Company was not in
compliance with (1) Section 1003(a)(i) of the Exchange Company Guide due to
stockholders' equity of less than $2,000,000 and losses from continuing
operations and net losses in two out of its three most recent fiscal years, and
(2) Section 1003(a)(iv) of the Exchange Company Guide in that the Company had
sustained losses which were so substantial in relation to overall operations or
its existing financial resources, or its financial condition had become so
impaired, that it appeared questionable, in the opinion of the Exchange, as to
whether the Company would be able to continue operations and/or meet its
obligations as they mature.
The Company had previously been granted an extension until December 31, 2008 to
regain compliance with the continued listing standards of Section 1003(a)(iv) of
the Exchange Company Guide and until October 8, 2009 to regain compliance with
the continued listing standards of Section 1003(a)(i) of the Exchange Company
Guide.
Based on available information including the Company's plan to regain compliance
(the "Plan"), as well as conversations between Exchange Staff and
representatives of HCM, the Exchange has determined that, in accordance with
Section 1009 of the Company Guide, the Company made a reasonable demonstration
of its ability to regain compliance with Section 1003(a)(iv) of the Company
Guide by the end of the revised Plan period, which the Exchange has now
determined to be no later than February 27, 2009.
The Company will be subject to periodic review by Exchange Staff during the
extension period. Failure to make progress consistent with the Plan and to
achieve certain milestones, or to regain compliance with the continued listing
standards by the end of the extension period could result in the Company's
common stock being delisted from the Exchange.
ITEM 9.01 FINANCIAL STATEMENTS AND EXHIBITS
99.1 Press Release, dated January 9, 2009.
[signature on following page]
Table of Contents