VIA Pharmaceuticals receives determination letter from NASDAQ Stock Market

Oct 14 2009

VIA Pharmaceuticals, Inc. (Nasdaq: VIAP), a biotechnology company focused on the development of compounds for the treatment of cardiovascular and metabolic disease, today announced that on October 9, 2009, it received a determination letter from The NASDAQ Stock Market ("NASDAQ") notifying the Company that the NASDAQ Hearing Panel (the "Panel") has granted the Company's request to remain listed on NASDAQ, subject to the Company demonstrating compliance with the NASDAQ Listing Rules (the "Listing Rules") on or before December 31, 2009 (the "Exception Period"). During the Exception Period, the Company must provide prompt notification of any significant events to NASDAQ.

The Panel granted the Company's request after a hearing held on August 27, 2009 in which the Company presented its plan of compliance (the "Plan") with respect to its failure to satisfy NASDAQ's minimum $2.5 million stockholders' equity, board independence, and $1.00 minimum bid price requirements for continued listing. Based on the Company's Plan and its continued execution of the Plan, the Panel found that it was appropriate to allow the Company to remain listed on NASDAQ while the Company works to regain compliance with the Listing Rules.

There can be no assurance that the Company will be able to achieve or sustain the requirements under the Listing Rules to insure that it will maintain its NASDAQ listing.