Delisting Determination,The Nasdaq Stock Market, LLC,
March 26, 2009, AtheroGenics, Inc. The Nasdaq Stock
Market, Inc. (the Exchange) has determined to remove from
listing the common stock of AtheroGenics, Inc.
(the Company), effective at the opening of the
trading session on April 6, 2009. Based on a review of
the information provided by the Company, Nasdaq Staff
determined that the Company no longer qualified for
listing on the Exchange pursuant to Marketplace Rule
4450(b)(4). The Company was notified of the Staffs
determination on June 24, 2008. The Company requested
a review of the Staffs determination before the Listing
Qualifications Hearings Panel. Upon review of the
information provided by the Company, the Panel issued a
decision on September 15, 2008 and granted
continued listing conditioned upon the
Company regaining compliance by December 22, 2008.
On October 7, 2008, staff notified the Company that
it was subject to delisting for an additional deficiency
pursuant to Marketplace Rules 4300, 4450(f) and IM-4300,
based on its filing for protection under Chapter 11
of the U.S. Bankruptcy Code. On October 8, 2008, the
Company notified the Panel that it did intend to
contest a delisting based on that determination. On
October 10, 2008, the Panel notified the Company that it
had determined to delist the Companys securities
based on Marketplace Rules 4300, 4450(f) and IM 4300.
Trading in the Companys securities was suspended on
October 14, 2008. 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 November 25, 2008.