Further Non-Compliance with Nasdaq Continued Listing Standards; Panel Hearing Date Set for Luna Innovations
04 Agosto 2009 - 4:00PM
Business Wire
On July 30, 2009, Luna Innovations Incorporated (NASDAQ:LUNA)
received a notice of deficiency from the NASDAQ Stock Market
(“NASDAQ”) listing qualifications department staff (the “Staff”)
indicating that the Company no longer complied with the independent
director requirement as set forth in Rule 5605 as a result of the
resignation of Bobbie Kilberg from the Board of Directors.
Pursuant to NASDAQ Marketplace Rule 5605(b)(1), the Staff has
permitted the Company until the earlier of the Company’s next
annual shareholders’ meeting or July 20, 2010, unless the next
annual shareholders’ meeting is held before January 19, 2010, in
which case the Company has until January 19, 2010, to regain
compliance. If the Company is unable to regain compliance within
the permitted time period, the Staff may determine to delist the
Company’s shares of common stock from the NASDAQ Global Market and
to suspend trading effective at a future date.
The Company has previously requested a hearing before the NASDAQ
Listing Qualifications Panel (the “Panel”) with respect to a Staff
Determination Notice from NASDAQ dated July 17, 2009, because the
Company filed for protection under Chapter 11 of the US Bankruptcy
Code on July 17, 2009. The delisting action has been stayed pending
a hearing before the Panel, which has been scheduled for August 27,
2009. There can be no assurance that the Panel will grant the
Company’s request for continued listing. Pending a decision by the
Panel, the Company’s common stock will remain listed on the NASDAQ
Global Market.
About Luna Innovations:
Luna Innovations Incorporated (www.lunainnovations.com) is
focused on sensing and instrumentation, and pharmaceutical
nanomedicines. Luna develops and manufactures new-generation
products for the healthcare, telecommunications, energy and defense
markets. Luna’s products are used to measure, monitor, protect and
improve critical processes in the markets we serve. Through its
disciplined commercialization business model, Luna has become a
recognized leader in transitioning science to solutions. Luna is
headquartered in Roanoke, Virginia.
Safe Harbor Statement under the Private Securities Litigation
Reform Act of 1995
This release includes information that constitutes
“forward-looking statements” made pursuant to the safe harbor
provisions of Section 27A of the Securities Act of 1933 and Section
21E of the Securities Exchange Act of 1934, including statements
regarding, but not limited to, Luna’s plans to regain and maintain
compliance with Nasdaq’s listing standards. The company attempts,
whenever possible, to identify forward-looking statements by words
such as “intends,” “will,” “plans,” “anticipates,” “expects,”
“may,” “estimates,” “believes,” “should,” “projects,” or
“continue,” or the negative of those words and other comparable
words. Actual events or results may differ materially from the
expectations expressed in such forward-looking statements as a
result of various factors, including risks and uncertainties, many
of which are beyond the company’s control. Factors that could cause
actual results to differ materially from the expectations expressed
in such forward-looking statements include, but are not limited to,
the outcome of Luna’s litigation with Hansen Medical, Inc. and
Luna’s ability to regain and maintain compliance with the Nasdaq
listing requirements and standards.
Additional factors that may affect the future results of the
company are set forth in the company’s quarterly and annual reports
on Form 10-Q and Form 10-K, respectively, and other filings with
the Securities and Exchange Commission (“SEC”), which are available
at the SEC’s website at http://www.sec.gov, and at the company’s
website at http://www.lunainnovations.com.
These risk factors are updated from time to time through the
filing of periodic reports with the SEC. The statements made in
this press release are based on information available to the
company as of the date of this release and Luna Innovations
undertakes no obligation to update any of the forward-looking
statements herein after the date of this press release.
Stockholders of or potential investors in Luna Innovations are
cautioned not to place undue reliance on our forward-looking
statements, which speak only as of the date such statements are
made.
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