Item 3.01. Notice of Delisting or Failure to Satisfy a Continued Listing Rule or
Standard; Transfer of Listing.
On March 23, 2009, Zila, Inc. (the "Company") received a Nasdaq Staff
Deficiency Letter indicating that, because the Company's Quarterly Report on
Form 10-Q for the quarterly period ended January 31, 2009 reported stockholders'
equity of less than $10,000,000, the Company fails to meet the minimum
stockholders' equity requirement for continued listing on The Nasdaq Global
Market set forth in Marketplace Rule 4450(a)(3). The Nasdaq Listing
Qualifications Department also noted that the Company does not meet the
alternative standards for continued listing set forth in Marketplace
Rule 4450(b), which requires a market value of listed securities of at least
$50,000,000 or total assets and total revenue of at least $50,000,000.
The Company was given until April 7, 2009 to submit a plan to regain
compliance with Nasdaq's standards for continued listing. The Company may submit
such a plan. If the plan is accepted by the Listing Qualifications Department,
the Company may be granted an exception of up to 105 calendar days from the date
of the deficiency letter (i.e., until July 6, 2009) to evidence compliance. If
the plan is not accepted, the Company will have seven calendar days from the
date of such determination to request an appeal hearing before a Listing
Qualifications Panel. The Company's common stock will continue to be traded on
The Nasdaq Global Market while its plan is under review by Nasdaq and pending
the resolution of any such appeal process. Alternatively, the Company may apply
to transfer its securities to The NASDAQ Capital Market. The NASDAQ Capital
Market, formerly the NASDAQ SmallCap Market, is a continuous trading market that
operates in the same manner as The NASDAQ Global Market. All companies, whose
securities are listed on The NASDAQ Capital Market must meet certain financial
requirements and adhere to NASDAQ's corporate governance standards.
On March 26, 2009, the Company issued a press release announcing its receipt
of the March 23, 2009 letter. A copy of that press release is furnished as
Exhibit 99.1 to this Current Report on Form 8-K.
Item 9.01. Financial Statements and Exhibits.
(d) Exhibits.
Exhibit No. Description
99.1 Press Release, dated March 26, 2009, and entitled "Zila Receives Nasdaq
Staff Deficiency Letter"
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