UNITED STATES
SECURITIES AND EXCHANGE COMMISSION
WASHINGTON, DC 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): July 20, 2007
VIA PHARMACEUTICALS, INC.
(Exact Name of Registrant as Specified in its Charter)
| Delaware | 0-27264 | 33-0687976 | ||
(State or Other Jurisdiction of Incorporation) | (Commission File Number) | (IRS Employer Identification No.) |
| 750 Battery Street, Suite 330 San Francisco CA | 94111 | |
| (Address of Principal Executive Offices) | (Zip Code) |
Registrant’s telephone number, including area code: (415) 283-2200
(Former Name or Former Address, if Changed Since Last Report.)
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):
| ¨ | Written communications pursuant to Rule 425 under the Securities Act (17 CFR 230.425) |
| ¨ | Soliciting material pursuant to Rule 14a-12 under the Exchange Act (17 CFR 240.14a-12) |
| ¨ | Pre-commencement communications pursuant to Rule 14d-2(b) under the Exchange Act (17 CFR 240.14d-2(b)) |
| ¨ | 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 July 20, 2007, VIA Pharmaceuticals, Inc. (the “Company”) issued a press release announcing that The NASDAQ Stock Market had approved the Company for listing on The NASDAQ Capital Market. In addition, the Company reported that it has received notification from the NASDAQ Listing Qualification Panel (the “Panel”) that the Company has demonstrated compliance with the Panel’s prior decisions and all applicable listing requirements, and accordingly, the Panel has granted the Company’s request for continued listing on The NASDAQ Capital Market. Following this determination, the Panel concluded its hearing proceedings. A copy of the press release is furnished as Exhibit 99.1 to this Current Report and is incorporated herein by reference.
The information contained in Item 8.01 of this Current Report on Form 8-K, including Exhibit 99.1, is being furnished to the Securities and Exchange Commission and shall not be deemed to be “filed” for the purposes of Section 18 of the Exchange Act or otherwise subject to liabilities of that Section, nor shall it be deemed to be incorporated by reference into any registration statement or other document filed pursuant to the Securities Act.
| Item 9.01. | Financial Statements and Exhibits. |
(d) Exhibits.
See Exhibit Index attached hereto.
2
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.
VIA PHARMACEUTICALS, INC. | ||||
Date: July 25, 2007 | ||||
| By: | /s/ James G. Stewart | |||
| James G. Stewart | ||||
| Title: | Senior Vice President, Chief Financial Officer and Secretary | |||
3
EXHIBIT INDEX
| Exhibit No. | Description | |
| 99.1 | Press Release dated July 20, 2007 |
4
