Javelin Receives Notice From NYSE Amex LLC of Non-Compliance
05 June 2010 - 6:05AM
Business Wire
Javelin Pharmaceuticals, Inc. (NYSE -- Amex: JAV) ("Javelin")
announces that on May 28, 2010, Javelin received notice from the
staff of the NYSE Amex LLC (the “Exchange”) that Javelin is not in
compliance with Section 1003(a)(iv) of Part 10 of the NYSE Amex LLC
Company Guide. Specifically, after reviewing Javelin’s Quarterly
Report on Form 10-Q for the quarter ended March 31, 2010, the
Exchange staff indicated that Javelin has sustained losses which
are so substantial in relation to its overall operation or its
existing financial resources, or its financial condition has become
so impaired that it appears questionable, in the opinion of the
Exchange, as to whether Javelin will be able to continue operations
and/or meet its obligations as they mature.
To maintain its listing, Javelin must submit a plan to the
Exchange by June 11, 2010, advising the Exchange how it intends to
regain compliance with Section 1003(a)(iv) by August 26, 2010.
Javelin intends to submit to the Exchange by June 11, 2010 a plan
to regain compliance,, which the Corporate Compliance Department of
the Exchange will evaluate to determine whether Javelin has made a
reasonable demonstration of an ability to regain compliance with
the continued listing standards by August 26, 2010. .
About Javelin Pharmaceuticals
With corporate headquarters in Cambridge, MA, Javelin applies
innovative proprietary technologies to develop new drugs and
improved formulations of existing drugs to target unmet and
underserved medical needs in the pain management market. For
additional information about Javelin, please visit the company’s
Web site at http://www.javelinpharmaceuticals.com.
Important Additional Information Filed with the U.S.
Securities and Exchange Commission
Discus Acquisition Corporation, a wholly-owned subsidiary of
Hospira, Inc. ("Hospira"), has commenced a tender offer for all of
Javelin’s outstanding shares of common stock. This press release is
for informational purposes only and is neither an offer to purchase
nor a solicitation of an offer to sell shares of Javelin common
stock. Hospira has filed with the Securities and Exchange
Commission (the “SEC”) a Tender Offer Statement on Schedule TO
containing an offer to purchase, form of letter of transmittal and
other documents relating to the tender offer on April 21, 2010, and
Javelin filed with the SEC a Solicitation/Recommendation Statement
on Schedule 14D-9 with respect to the tender offer on
April 22, 2010. Hospira and Javelin have mailed these
documents to Javelin’s stockholders. Javelin stockholders can
obtain a free copy of these documents and other documents filed by
Hospira and Javelin with the SEC, including amendments to the
Schedule TO and Schedule 14D-9, at the Web site maintained by the
SEC at www.sec.gov. In
addition, Javelin stockholders can obtain a free copy of these
documents by directing a request to Javelin Pharmaceuticals, Inc.,
125 CambridgePark Drive, Cambridge, MA 02140, Attention: Investor
Relations. INVESTORS AND JAVELIN SECURITY HOLDERS ARE URGED TO READ
THESE DOCUMENTS CAREFULLY IN THEIR ENTIRETY BEFORE MAKING ANY
DECISION WITH RESPECT TO THE TENDER OFFER BECAUSE THEY CONTAIN
IMPORTANT INFORMATION.
None of the information included on any Internet Web site
maintained by Hospira, Javelin or any of their affiliates, or any
other Internet Web site linked to any such Web site, is
incorporated by reference in or otherwise made a part of this press
release.
Forward-Looking Statements
This press release contains “forward-looking statements”,
including statements relating to the expected timing of results and
development of Javelin’s drug candidates and any potential
transaction between Javelin Pharmaceuticals, Inc. and Hospira, Inc.
These “forward-looking statements” are based on management’s
current expectations of future events and are subject to a number
of risks and uncertainties that could cause actual results to
differ materially and adversely from those set forth in or implied
by forward-looking statements. These risks and uncertainties are
described under the heading “Risk Factors” contained in Javelin’s
Form 10-K, for the year ended Dec. 31, 2009, which was filed with
the SEC, as well as any updates to those risk factors filed from
time to time in Javelin’s Quarterly Reports on Form 10-Q or Current
Reports on Form 8-K. All information in this press release is as of
the date of the release, and Javelin Pharmaceuticals undertakes no
duty to update this information unless required by law.
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