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.