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| PHMD > SEC Filings for PHMD > Form 8-K on 18-Sep-2009 | All Recent SEC Filings |
18-Sep-2009
Notice of Delisting or Failure to Satisfy a Continued Listing Rule or Standard; Tr
On September 15, 2009, PhotoMedex, Inc. ("PhotoMedex") received written notification (the "Notice") from The Nasdaq Stock Market ("Nasdaq") that the bid price of its common stock for the last 30 consecutive trading days had closed below the minimum $1.00 per share (the "Minimum Price Requirement") required for continued listing under Nasdaq Marketplace Rule 4450(a)(5) (the "Rule"). Pursuant to Nasdaq Marketplace Rule 4450(e)(2), PhotoMedex has been provided with an initial period of 180 calendar days, or until March 14, 2010, to regain compliance. The Notice states the Nasdaq staff (the "Staff") will provide written notification that PhotoMedex has achieved compliance with the Rule if at any time before March 14, 2010, the bid price of PhotoMedex's common stock closes at $1.00 per share or more for a minimum of 10 consecutive business days, although the Notice also states that the Staff has the discretion to require compliance for a period in excess of 10 consecutive business days, but generally no more than 20 consecutive business days, under certain circumstances.
If PhotoMedex does not regain compliance with the Rule by March 14, 2010, Nasdaq will provide notice to PhotoMedex that its securities will be delisted from the Nasdaq Global Market. If PhotoMedex receives such a letter, it will have an opportunity to appeal the determination to the Nasdaq Listing Qualification Panel (the "Panel") or to apply to transfer its common stock to the Nasdaq Capital Market. If PhotoMedex's application to the Nasdaq Capital Market is approved, then PhotoMedex will have an additional 180 day compliance period in order to regain compliance with the Rule. If PhotoMedex does not regain compliance with the Rule by the end of the additional compliance period, the Staff will again provide written notice that PhotoMedex's securities will be delisted, and PhotoMedex may appeal the Staff's determination to the Panel at such time.
On September 18, 2009, PhotoMedex issued a press release concerning this requirement by Nasdaq. A copy of the press release is filed herewith as Exhibit 99.1.
On September 17, 2009, PhotoMedex issued a press release announcing that it received an exception to Nasdaq's stockholder approval requirements in accordance with Nasdaq Listing Rule 5635 for the first tranche of a private placement of PhotoMedex's common stock. A copy of the press release is filed herewith as Exhibit 99.2.
(d) Exhibits
99.1 Press Release by PhotoMedex, dated September 18, 2009.
99.2 Press Release by PhotoMedex, dated September 17, 2009
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