Current Report Filing (8-k)
27 May 2016 - 8:08PM
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
Date of Report (Date of earliest event reported): May 24, 2016
SUNESIS PHARMACEUTICALS, INC.
(Exact name of registrant as specified in its charter)
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Delaware
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000-51531
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94-3295878
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(State or other jurisdiction
of incorporation)
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(Commission
File Number)
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(IRS Employer
Identification No.)
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395 Oyster Point Boulevard, Suite 400
South San Francisco, California
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94080
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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: (650) 266-3500
Not Applicable
(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:
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Written communications pursuant to Rule 425 under the Securities Act (17 CFR 230.425)
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Soliciting material pursuant to Rule 14a-12 under the Exchange Act (17 CFR 240.14a-12)
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Pre-commencement communications pursuant to Rule 14d-2(b) under the Exchange Act (17 CFR 240.14d-2(b))
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Pre-commencement communications pursuant to Rule 13e-4(c) under the Exchange Act (17 CFR 240.13e-4(c))
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Item 3.01. Notice of Delisting or Failure to Satisfy a Continued Listing Rule or Standard; Transfer of
Listing.
On May 24, 2016, Sunesis Pharmaceuticals, Inc., or the Company, received a letter from the Listing Qualifications Department, or the
Staff, notifying the Company that in accordance with NASDAQ Listing Rule 5810(c)(3)(A), the Company has been granted an additional 180 calendar days, or until November 21, 2016, to regain compliance with the minimum $1.00 per share requirement
for continued inclusion on The NASDAQ Capital Market pursuant to NASDAQ Listing Rule 5550(a)(2), or the Rule. If, at any time before November 21, 2016, the bid price of the Companys common stock closes at $1.00 or more for a minimum of 10
consecutive business days as required under NASDAQ Listing Rule 5810(c)(3)(A), unless the Staff exercises its discretion to extend this 10-day period pursuant to NASDAQ Listing Rule 5810(c)(3)(F), the Staff will provide written notification to the
Company that it complies with the Rule.
If the Company does not regain compliance with the Rule by November 21, 2016, the Staff will provide written
notification to the Company that its common stock will be delisted. At that time, the Company may appeal the Staffs delisting determination to a NASDAQ Hearings Panel, or the Panel. The Company would remain listed pending the Panels
decision. There can be no assurance that, if the Company does appeal the delisting determination by the Staff to the Panel, that such appeal would be successful.
The Company is considering actions that it may take in response to this notification in order to regain compliance with the continued listing requirements.
These options include effecting a reverse stock split.
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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SUNESIS PHARMACEUTICALS, INC.
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Dated: May 26, 2016
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By:
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/S/ Eric H. Bjerkholt
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Eric H. Bjerkholt
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Executive Vice President, Corporate Development and Finance, Chief Financial Officer and Corporate Secretary
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