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CRGN > SEC Filings for CRGN > Form 8-K/A on 27-Mar-2009All Recent SEC Filings

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Form 8-K/A for CURAGEN CORP


27-Mar-2009

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


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

As previously disclosed in the Original Form 8-K, on September 23, 2008, the Company received the Original Notice advising the Company that the bid price of the Common Stock for the previous 30 consecutive trading days had closed below the Minimum Bid Price required for continued listing on the NASDAQ Global Market pursuant to the Rule. Pursuant to NASDAQ Marketplace Rule 4450(e) (2), the Company was provided an initial period of 180 calendar days, or until March 23, 2009, to regain compliance with the Minimum Bid Price requirement.

As previously disclosed in an Amendment No. 1 to Form 8-K filed October 27, 2008, the Company received a letter from NASDAQ on October 22, 2008 informing the Company that NASDAQ had temporarily suspended enforcement of the Minimum Bid Price requirement due to conditions in U.S. and world financial markets, with enforcement of the requirement scheduled to resume on January 20, 2009. As previously disclosed in an Amendment No. 2 to Form 8-K filed December 30, 2008, the Company received an additional letter from NASDAQ on December 23, 2008 indicating that NASDAQ had extended the suspension of the Minimum Bid Price requirement, with enforcement scheduled to resume on April 20, 2009.

On March 24, 2009, the Company received a further letter from NASDAQ stating that NASDAQ has further extended the suspension of the Minimum Bid Price requirement and that the enforcement of this requirement is now scheduled to resume on July 20, 2009. This letter further stated that prior to the resumption of enforcement, NASDAQ will send an additional letter to inform the Company of the number of calendar days remaining in the Company's compliance period and the specific date by which the Company needs to regain compliance. The letter the Company received on October 22, 2008 stated that the Company has 158 calendar days remaining in its compliance period. With the enforcement of the rules scheduled to resume on July 20, 2009 and assuming a 158 calendar day compliance period, the Company would have until December 25, 2009 to regain compliance with the Minimum Bid Price requirement.

The Company can regain compliance with the Minimum Bid Price requirement, either during the suspension period or during the compliance period resuming after the suspension period, by achieving a $1.00 closing bid price for a minimum of 10 consecutive trading days.


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