-----BEGIN PRIVACY-ENHANCED MESSAGE----- Proc-Type: 2001,MIC-CLEAR Originator-Name: webmaster@www.sec.gov Originator-Key-Asymmetric: MFgwCgYEVQgBAQICAf8DSgAwRwJAW2sNKK9AVtBzYZmr6aGjlWyK3XmZv3dTINen TWSM7vrzLADbmYQaionwg5sDW3P6oaM5D3tdezXMm7z1T+B+twIDAQAB MIC-Info: RSA-MD5,RSA, AqiwgCN4FA/4USjdptXPmZG6zPONXhsPTCiwwqpM16y+hCyhDiEsrkVeud06m06g Cs9SWULTKcdK5+5EplDwHw== 0001354457-09-000161.txt : 20090623 0001354457-09-000161.hdr.sgml : 20090623 20090623104859 ACCESSION NUMBER: 0001354457-09-000161 CONFORMED SUBMISSION TYPE: 25-NSE CONFIRMING COPY: PUBLIC DOCUMENT COUNT: 2 FILED AS OF DATE: 20090623 DATE AS OF CHANGE: 20090623 SUBJECT COMPANY: COMPANY DATA: COMPANY CONFORMED NAME: BIOHEART, INC. CENTRAL INDEX KEY: 0001388319 STANDARD INDUSTRIAL CLASSIFICATION: SERVICES-COMMERCIAL PHYSICAL & BIOLOGICAL RESEARCH [8731] IRS NUMBER: 650945967 STATE OF INCORPORATION: FL FISCAL YEAR END: 1231 FILING VALUES: FORM TYPE: 25-NSE SEC ACT: 1934 Act SEC FILE NUMBER: 001-33718 BUSINESS ADDRESS: STREET 1: 13794 NW 4TH STREET STREET 2: SUITE 212 CITY: SUNRISE STATE: FL ZIP: 33325 BUSINESS PHONE: 954-835-1500 MAIL ADDRESS: STREET 1: 13794 NW 4TH STREET STREET 2: SUITE 212 CITY: SUNRISE STATE: FL ZIP: 33325 FILED BY: COMPANY DATA: COMPANY CONFORMED NAME: NASDAQ Stock Market LLC CENTRAL INDEX KEY: 0001354457 IRS NUMBER: 521165937 STATE OF INCORPORATION: DE FISCAL YEAR END: 1231 FILING VALUES: FORM TYPE: 25-NSE BUSINESS ADDRESS: STREET 1: 9600 BLACKWELL RD CITY: ROCKVILLE STATE: MD ZIP: 20850 BUSINESS PHONE: 301-978-4144 MAIL ADDRESS: STREET 1: 9600 BLACKWELL RD CITY: ROCKVILLE STATE: MD ZIP: 20850 25-NSE 1 primary_doc.xml X0203 0001354457 NASDAQ Stock Market LLC 0001388319 BIOHEART, INC. 001-33718
13794 N.W. 4th Street, Suite 212 Sunrise FL FLORIDA 33325
954-835-1500 Common stock 17 CFR 240.12d2-2(b) Amy Horton Associate General Counsel 2009-06-23 EX-99.25 2 bhrtdelistreason.txt Delisting Determination,The Nasdaq Stock Market, LLC, June 23, 2009, Bioheart, Inc. The Nasdaq Stock Market, Inc. (the Exchange) has determined to remove from listing the common stock of Bioheart, Inc. (the Company), effective at the opening of the trading session on July 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 Listing Rule 5550(b)(1). (That Rule was enumerated as Marketplace Rule 4310(c)(3)(B) at the time of the determination.) The Company was notified of the Staffs determination on November 17, 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 determined that the Company did not qualify for inclusion on the Exchange based on its failure to comply with the following Listing Rule: 5550(b)(1). The Company was notified of the Panels decision on February 25, 2009 and trading in the Companys securities was suspended on February 27, 2009. 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 April 13, 2009. -----END PRIVACY-ENHANCED MESSAGE-----