form8knasdaqlistingcompl.htm
UNITED
STATES
SECURITIES
AND EXCHANGE COMMISSION
WASHINGTON,
D.C. 20549
________________
FORM
8-K
________________
CURRENT
REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE
SECURITIES
EXCHANGE ACT OF 1934
Date of
report (Date of earliest event reported): March 4, 2008
ATHEROGENICS,
INC.
(Exact
Name of Registrant as Specified in its Charter)
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Georgia
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0-31261
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58-2108232
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(State
or other jurisdiction
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(Commission
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(I.R.S.
Employer
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of
incorporation)
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File
Number)
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Identification
Number)
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8995
Westside Parkway
Alpharetta,
GA 30004
(Address
of principal executive offices)
Registrant's
telephone number, including area code (678) 336-2500
_________________
Check the appropriate box below if the
Form 8-K filing is intended to simultaneously satisfy the filing obligation of
the registrant under any of the following provisions (see General Instruction A.2.
below):
o Written
communications pursuant to Rule 425 under the Securities Act (17 CFR
230.425)
o Soliciting
material pursuant to Rule 14a-12 under the Exchange Act (17 CFR
240.14a-12)
o Pre-commencement
communications pursuant to Rule 14d-2(b) under the Exchange Act (17 CFR
240.14d-2(b))
o Pre-commencement
communications pursuant to Rule 13e-4(c) under the Exchange Act (17 CFR
240.13e-4(c))
Item
8.01. Other Events.
On March 4, 2008, AtheroGenics, Inc.
(the "Company") issued a press release to announce that upon the filing of the
Company's Form10-K for its fiscal year ended December 31, 2007 on March 3, 2008
(the "Form 10-K"), the Company regained compliance with Marketplace
Rule4450(b)(1)(A) which requires the Company to have more than $50 million in
revenue and $50 million in total assets to maintain its listing on the Nasdaq
Global Market. A copy of the press release is attached to this
current report on Form 8-K as Exhibit 99.1.
As previously announced, on December
26, 2007, the Company received a Nasdaq Staff Deficiency Letter indicating it
had failed to comply with the requirements for continued listing set forth in
Nasdaq Marketplace Rule 4450(b)(4) because the closing bid price of the
Company's common stock had fallen below $1.00 for 30 consecutive business
days. The Company was provided with 180 calendar days to regain
compliance with this rule. If at any time before the end of the180
calendar day compliance period, the Company's common stock closes at $1.00 or
more for a minimum of 10 consecutive business days, Nasdaq will provide written
notification that the Company is in compliance with the minimum bid price
requirement. The Company currently is still in violation of Nasdaq
Marketplace Rule 4450(b)(4) and the Company cannot provide any assurance that it
will regain compliance in the near term, or at all. Additional
information regarding the risks related to any failure of the Company to
maintain its continued listing on the Nasdaq Global Market can be found under
the caption "Risk Factors" in the Company's Form 10-K.
Item
9.01. Financial Statements and Exhibits.
The
following exhibit is furnished as part of this current report on Form
8-K.
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Exhibit
No.
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Description
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99.1
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–
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Press
Release dated March 4, 2008
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____________________
SIGNATURES
Pursuant to the requirements of the
Securities Exchange Act of 1934, the registrant has duly caused this report to
be signed on its behalf by the undersigned, hereunto duly
authorized.
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ATHEROGENICS,
INC.
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Date: March
4, 2008
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/s/MARK
P. COLONNESE
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Mark
P. Colonnese
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Executive
Vice President, Commercial Operations
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and
Chief Financial Officer
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____________________
EXHIBIT
INDEX
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Exhibit
No.
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Description
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99.1
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–
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Press
Release dated March 4, 2008
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