EX-99.1 2 a5475605ex99-1.txt EXHIBIT 99.1 Exhibit 99.1 AVANT Receives NASDAQ Deficiency Notice Relating to Market Value NEEDHAM, Mass.--(BUSINESS WIRE)--Aug. 21, 2007--AVANT Immunotherapeutics (Nasdaq: AVAN) announced today that on August 15, 2007 it received a letter from The NASDAQ Stock Market stating that for the last 10 consecutive business days, the market value for AVANT's common stock has been below the $50,000,000 minimum requirement for continued inclusion under NASDAQ Marketplace Rule 4450(b)(1)(A) and that AVANT's total assets and revenue were below the $50,000,000 requirement under Rule 4450(b)(1)(B). In accordance with NASDAQ Marketplace Rule 4450(e)(4), AVANT has 30 calendar days, or until September 14, 2007, to regain compliance by maintaining the market value of its listed common stock at $50,000,000 or more for a minimum of 10 consecutive business days or, alternatively, AVANT may apply to transfer for listing on the NASDAQ Capital Market. The NASDAQ letter has no effect on the listing of AVANT's common stock at this time. AVANT has sought to regain compliance within this cure period by applying to transfer the listing of its common stock to The NASDAQ Capital Market. The initiation of the delisting proceedings will be stayed pending NASDAQ's review of AVANT's transfer application, which was submitted on August 20, 2007. There can be no assurance that NASDAQ will grant AVANT's request for transfer as a result of this process. In addition, AVANT has retained Needham & Company, LLC to assist AVANT in evaluating other strategic alternatives. Additional information on AVANT Immunotherapeutics, Inc. can be obtained through our site on the World Wide Web: http://www.avantimmune.com. Safe Harbor Statement Under the Private Securities Litigation Reform Act of 1995: This release includes forward-looking statements that are subject to a variety of risks and uncertainties and reflect AVANT's current views with respect to future events and financial performance. There are a number of important factors that could cause the actual results to differ materially from those expressed in any forward-looking statement made by AVANT. These factors include, but are not limited to: (1) the integration of multiple technologies and programs; (2) the ability to adapt AVANT's vectoring systems to develop new, safe and effective orally administered vaccines against anthrax and plague or other any other microbes used as bioweapons and other disease causing agents; (3) the ability to successfully complete product research and further development, including animal, pre-clinical and clinical studies, and commercialization of CholeraGarde(R) (Peru-15), Ty800, ETEC E. coli vaccine, VLPs and other products and AVANT's expectations regarding market growth; (4) the cost, timing, scope and results of ongoing safety and efficacy trials of CholeraGarde(R) (Peru-15), Ty800, ETEC E. coli vaccine and other preclinical and clinical testing; (5) the ability to negotiate strategic partnerships or other disposition transactions for AVANT's cardiovascular programs, including TP10 and CETi; (6) the ability of AVANT to manage multiple clinical trials for a variety of product candidates; (7) AVANT's expectations regarding its technological capabilities and expanding its focus to broader markets for vaccines; (8) the Company's expectations regarding the cost of funding its development partnership with Select Vaccines Limited for the influenza vaccine, the opportunity to extend to other disease targets, and AVANT's ability to develop products through this collaboration; (9) changes in existing and potential relationships with corporate collaborators; (10) the availability, cost, delivery and quality of clinical and commercial grade materials produced at AVANT's own Manufacturing facility or supplied by contract manufacturers and partners; (11) the timing, cost and uncertainty of obtaining regulatory approvals; (12) the ability to develop and commercialize products before competitors that are superior to the alternatives developed by competitors; (13) the ability to retain certain members of management;(14) AVANT's expectations regarding research and development expenses and general and administrative expenses; (15) AVANT's expectations regarding cash balances, capital requirements, anticipated royalty payments (including those from Paul Royalty Fund), revenues and expenses, including infrastructure expenses; (16) our belief regarding the validity of our patents and potential litigation; and (17) certain other factors that might cause AVANT's actual results to differ materially from those in the forward-looking statements including those set forth under the headings "Business," "Risk Factors" and Management's Discussion and Analysis of Financial Condition and Results of Operations" in each of AVANT's Annual Report on Form 10-K, its Quarterly Reports on Form 8-K, as well as those described in AVANT's other press releases and filings with the Securities and Exchange Commission, from time to time. You should carefully review all of these factors, and you should be aware that there may be other factors that could cause these differences. These forward-looking statements were based on information, plans and estimates at the date of this press release, and AVANT does not promise to update any forward-looking statements to reflect changes in underlying assumptions or factors, new information, future events or other changes. CONTACT: AVANT Immunotherapeutics, Inc. Una S. Ryan, Ph.D., 781-433-0771 President and CEO or Avery W. Catlin, 781-433-0771 Chief Financial Officer info@avantimmune.com or For Media: Kureczka/Martin Associates Joan Kureczka, 415-821-2413 jkureczka@comcast.net