NexMed Receives Nasdaq Delisting Warning Letter
August 14 2009 - 12:45PM
Business Wire
NexMed, Inc. (Nasdaq: NEXM), a developer of innovative topical
products based on the NexACT® technology, today announced that it
has received a notice from Nasdaq indicating that it does not
comply with the minimum $2.5 million in stockholders’ equity
requirement for continued listing on the Nasdaq Capital Market set
forth in Marketplace Rule 4310(c)(3). As of June 30, 2009, the date
of the Company’s most recently filed financial statements, the
Company’s total stockholders’ equity was $1,700,553.
Nasdaq will provide written notice that the Company’s common
stock will be delisted from the Nasdaq National Market at the
opening of business on August 27, 2009, unless the Company submits
a specific plan to Nasdaq to achieve and sustain compliance with
Marketplace Rule 4310(c)(3), including the time frame for
completion of the plan, and the plan is reviewed and accepted by
Nasdaq. The Company intends to submit its plan to achieve and
sustain compliance to Nasdaq before August 27, 2009. If the plan is
acceptable to Nasdaq then the Company would be granted an extension
of up to 105 calendar days to evidence compliance with Marketplace
Rule 4310(c)(3).
Mark Westgate, NexMed’s Chief Financial Officer stated, “In our
response to Nasdaq, we will request that Nasdaq take note of our
continuing restructuring and cost containment program begun in
December 2008 as well as potential revenue opportunities from the
licensing of our products under development.”
The Company remains on notice for maintaining the minimum $1 bid
requirement as set forth in Marketplace Rule 4310(c)(8)(D).
However, because Nasdaq had suspended enforcement of this
requirement until August 3, 2009, as of its most recent
announcement on July 13, 2009, the Company now has until January
25, 2010 to meet that requirement.
There can be no assurance that Nasdaq’s Listing Qualifications
Panel will decide to allow the Company to remain listed.
About NexMed
NexMed’s pipeline includes a late stage terbinafine treatment
for onychomycosis, a late stage alprostadil treatment for erectile
dysfunction, a Phase 2 alprostadil treatment for female sexual
arousal disorder, and an early stage treatment for psoriasis. For
further information about NexMed, go to www.nexmed.com.
Statements under the Private Securities Litigation Reform Act:
with the exception of the historical information contained in this
release, the matters described herein contain forward-looking
statements that involve risks and uncertainties that may
individually or mutually impact the matters herein described,
including, but not limited to entering into development and
commercialization agreements and obtaining regulatory approval for
its products under development, entering into a strategic
transaction for the company, pursuing growth opportunities, and/or
other factors, some of which are outside the control of the
Company.
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