Environmental Power Corporation to Delist from the Nasdaq Capital Market
24 April 2010 - 6:46AM
Business Wire
Environmental Power Corporation (Nasdaq: EPG) (the “Company”)
today announced that it has decided to withdraw its appeal and
delist from The Nasdaq Capital Market.
On March 16, 2010, the Company received a letter from the staff
of The Nasdaq Stock Market advising the Company that its securities
were subject to delisting due to the failure to comply with Nasdaq
Listing Rule 5550(a)(2) regarding the $1.00 minimum bid price
requirement. On April 12, 2010, the Company received further
correspondence from Nasdaq indicating that the Company is not in
compliance with the minimum stockholders’ equity requirement for
continued listing set forth in Nasdaq Listing Rule 5550(b) (1).
The Company originally intended to appeal Nasdaq’s determination
to delist the Company’s securities at a hearing scheduled for April
28, 2010. However, after considering a number of factors, including
the Company’s current financial condition, the expenditure of
resources necessary to seek to regain compliance with Nasdaq’s
Listing Rules within Nasdaq’s timeframe and then attempting to
maintain its Nasdaq listing, and the uncertainty that the Company
could present a plan for regaining compliance that would satisfy
Nasdaq, the Company has decided not to undertake potentially
expensive, time-consuming and dilutive efforts to regain compliance
with Nasdaq’s minimum stockholders’ equity rule or minimum bid
price rule.
Accordingly, the Company expects that Nasdaq will suspend
trading in the Company’s common stock on or about the opening of
the market on Monday, April 26, 2010. In addition, although Nasdaq
would ultimately do so in due course, the Company intends to file a
Form 25 with the Securities and Exchange Commission (the “SEC”) on
or about May 3, 2010 to delist its common stock from listing and
quotation on The Nasdaq Capital Market. On May 13, 2010, the
expected effective date of the Form 25, the Company intends to file
a Form 15 with the SEC to voluntarily deregister its common stock
under Section 12(g) of the Securities Exchange Act of 1934, as
amended (the “Exchange Act”). Upon the filing of the Form 15, the
Company’s obligations under the Exchange Act to file certain
reports with the SEC, including Forms 10-K, 10-Q, and 8-K, will
immediately be suspended. The Company expects that the
deregistration of its common stock will become effective 90 days
after the date of filing of the Form 15 with the SEC. The Company
fully expects that its Common Stock will be quoted on the Pink OTC
Markets Inc. promptly after delisting from Nasdaq, although it
cannot assure that this will be the case.
ABOUT ENVIRONMENTAL POWER CORPORATION
Environmental Power Corporation is a developer, owner, and
operator of renewable energy production facilities. Our principal
operating subsidiary, Microgy, Inc., develops and operates proven
large scale, commercial anaerobic digestion based projects which
produce a versatile methane-rich biogas from livestock waste and
other organic sources. For more information visit the Company’s web
site at: www.environmentalpower.com.
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