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

Apex Bioventures Acquisition Corp. (the "Company") received a notice dated February 10, 2009 from the NYSE Alternext US LLC (the "Exchange") stating that the Company is not in compliance with one of the requirements for continued listing on the Exchange. Specifically, the Exchange advised that the Company is not in compliance with Section 704 of the Exchange's Company Guide because the Company did not hold an annual meeting during calendar year 2008.

In order to maintain its listing on the Exchange, the Company must submit a plan to the Exchange by March 10, 2009 addressing the manner in which the Company intends to regain compliance with Section 704 of the Company Guide by August 11, 2009. If the Company does not submit a plan or if the plan is not accepted by the Exchange, the Company will be subject to delisting procedures as set forth in the Company Guide. The Company is in the process of preparing that plan for submission to the Exchange.

On February 13, 2009, the Company issued a press release disclosing its receipt of the notice from the Exchange summarized above and the fact that the Company is not in compliance with the Exchange's continued listing requirements. A copy of this press release is attached hereto as Exhibit 99.1 and incorporated herein by reference.