Delisting Determination,The Nasdaq Stock Market, LLC,
February 26, 2010, VIA Pharmaceuticals, Inc. The Nasdaq Stock
Market, Inc. (the Exchange) has determined to remove
from listing the common stock of VIA Pharmaceuticals, Inc.
(the Company), effective at the opening of the trading
session on March 8, 2010. Based on review of information
provided by the Company, Nasdaq Staff determined that the
Company no longer qualified for listing on the Exchange
pursuant to Listing Rule 5550(b)(1). The Company was
notified of the Staffs determination on July 15, 2009.
Upon review of the information provided by the Company,
the Panel issed a decision dated October 9, 2009, granting
the Company continued listing pursuant to an exception
through December 31, 2009, by which date the Company was
required to regain compliance with Listing Rules
5550(b)(1), 5605(b)(1) and 5605(c)(2).
However, the Company did not regain compliance
by that date. On December 29, 2009, the Panel notified the
Company that trading in the Companys securities would be
suspended on January 4, 2010. The Company did not request a
review of the Panels decision by the Nasdaq Listing and
Hearing Review Council. The Listing Council did not call the
matter for review. The Panels Determination to delist
the Company became final on February 12, 2010.