Item 3.01. Notice of Delisting or Failure to Satisfy a Continued Listing Rule or
Standard; Transfer of Listing.
On May 22, 2009, Cardica, Inc. (the "Company") announced that it received a
letter, dated May 19, 2009, from the Listing Qualifications Department of The
NASDAQ Stock Market notifying the Company that it did not comply with the
$10.0 million minimum stockholders' equity requirement for continued listing on
The NASDAQ Global Market set forth in NASDAQ Marketplace Rule 5450(b)(1)(A).
NASDAQ's determination was based on a review of the Company's Quarterly Report
on Form 10-Q for the period ended March 31, 2009. As provided in the NASDAQ
rules, the Company timely submitted to the NASDAQ Staff a plan to continue
listing on The NASDAQ Global Market. NASDAQ granted the Company an extension
until September 1, 2009, to regain compliance with the listing standards.
On September 2, 2009, the Company received a second letter from the Listing
Qualifications Department of The NASDAQ Stock Market notifying the Company of
its determination that the Company had failed to meet the terms of the extension
because the Company failed to publicly disclose a compliant stockholders' equity
balance by September 1, 2009. Pursuant to the NASDAQ rules, the Company may
either apply for listing on The NASDAQ Capital Market, provided it meets the
continued listing requirements of that market, or appeal the decision to a
NASDAQ Listing Qualifications Panel. The Company is requesting a hearing to
appeal the decision, and the Company's securities will remain listed on The
NASDAQ Global Market pending a decision by the Panel following the hearing.
The Company issued a press release on September 4, 2009 disclosing its
receipt of the second NASDAQ letter. A copy of the press release is attached
hereto as Exhibit 99.1.
Item 9.01 Financial Statements and Exhibits.
(d) Exhibits
Exhibit Number Description
99.1 Press release, dated September 4, 2009, entitled "Cardica, Inc. Receives
NASDAQ Notification of Non-Compliance."
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