- Current report filing (8-K)
March 25 2009 - 4:21PM
Edgar (US Regulatory)
UNITED STATES
SECURITIES AND EXCHANGE COMMISSION
WASHINGTON, D.C. 20549
FORM 8-K
CURRENT REPORT
Pursuant to Section 13 or 15(d) of the Securities Exchange Act of 1934
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Date of Report (Date of Earliest Event Reported):
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March 24, 2009
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Inhibitex, Inc.
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(Exact name of registrant as specified in its charter)
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Delaware
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0-50772
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742708737
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(State or other jurisdiction
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(Commission
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(I.R.S. Employer
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of incorporation)
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File Number)
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Identification No.)
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9005 Westside Parkway, Alpharetta, Georgia
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30009
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(Address of principal executive offices)
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(Zip Code)
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Registrants telephone number, including area code:
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678-746-1100
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Not Applicable
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Former name or former address, if changed since last report
Check the appropriate box below if the Form 8-K filing is intended to
simultaneously satisfy the filing obligation of the registrant under any
of the following provisions:
[ ] Written communications pursuant to Rule 425 under the Securities Act (17 CFR 230.425)
[ ] Soliciting material pursuant to Rule 14a-12 under the Exchange Act (17 CFR 240.14a-12)
[ ] Pre-commencement communications pursuant to Rule 14d-2(b) under the Exchange Act (17 CFR 240.14d-2(b))
[ ] Pre-commencement communications pursuant to Rule 13e-4(c) under the Exchange Act (17 CFR 240.13e-4(c))
Item 8.01 Other Events.
On March 24, 2009, Inhibitex, Inc. (the "Company") received written notification that NASDAQ had extended the suspension of the enforcement of the rules requiring a minimum $1 closing bid price and a minimum market value of publicly held shares. NASDAQ has said that it will not take any action to delist any security for these concerns during the suspension period. Unless extended again, the enforcement of these rules will resume on Monday, July 20, 2009. As a result of this extension, the Company now has until October 12, 2009 to regain compliance with the minimum bid price rule. The Company previously had until July 9, 2009 to regain such compliance.
As a result of the extension of the suspension, if, at any time before October 12, 2009, the bid price of the Company’s common stock closes at $1.00 per share or more for a minimum of 10 consecutive business days, NASDAQ will provide written notification that the Company has achieved compliance with the minimum bid price rule.
If the Company does not regain compliance with the minimum bid price rule by October 12, 2009, NASDAQ will provide written notification that the Company's securities will be delisted. At that time, the Company may appeal NASDAQ’s determination to delist its securities to a Listing Qualifications Panel.
SIGNATURES
Pursuant to the requirements of the Securities Exchange Act of 1934, the
registrant has duly caused this report to be signed on its behalf by the
undersigned hereunto duly authorized.
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Inhibitex, Inc.
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March 25, 2009
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By:
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Russell H. Plumb
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Name: Russell H. Plumb
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Title: Chief Executive Officer
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