Exhibit 99.1
Active Power Receives NASDAQ Letter Regarding Non-Compliance with Minimum
Bid Price Rule
AUSTIN, Texas (Aug. 19, 2008)– Active Power, Inc. (NASDAQ: ACPW), inventor and manufacturer of the most energy-efficient critical power systems in the world, today announced that on Aug. 18, 2008, Active Power received a letter from The NASDAQ Stock Market stating that for the previous 30 consecutive business days, the bid price of the Company’s common stock closed below the minimum $1.00 per share requirement for continued inclusion on The NASDAQ Global Market pursuant to NASDAQ Marketplace Rule 4450(a)(5) (the “Minimum Bid Price Rule”). The NASDAQ letter has no immediate effect on the listing of the Company’s common stock.
In accordance with Marketplace Rule 4450(e)(2), Active Power will be provided with a grace period of 180 calendar days or until Feb. 17, 2009, to regain compliance with the Minimum Bid Price Rule. If at any time before Feb. 17, 2009, the bid price of the Company’s stock closes at $1.00 per share or more for a minimum of 10 consecutive business days, NASDAQ will notify the Company that it has achieved compliance with the Minimum Bid Price Rule. If the Company does not regain compliance with the Minimum Bid Price Rule by Feb. 17, 2009, NASDAQ will notify the Company that its common stock will be delisted from The NASDAQ Global Market.
In the event the Company receives notice that its common stock is being delisted from The NASDAQ Global Market, NASDAQ rules permit the Company to appeal any delisting determination by the NASDAQ staff to a NASDAQ Listing Qualifications Panel. Alternatively, NASDAQ may permit the Company to transfer its common stock to The NASDAQ Capital Market if it satisfies the requirements for initial inclusion set forth in Marketplace Rule 4310(c), except for the bid price requirement. If its application for transfer is approved, the Company would have an additional 180 calendar days to comply with the Minimum Bid Price Rule in order to remain on The NASDAQ Capital Market.
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About Active Power
Active Power (NASDAQ: ACPW) provides efficient, reliable and green critical power solutions and uninterruptible power supply (UPS) systems to enable business continuity in the event of power disturbances. Founded in 1992, Active Power’s flywheel-based UPS systems protect critical operations in data centers, healthcare facilities, manufacturing plants, broadcast stations and governmental agencies in more than 40 countries. Active Power also offers CoolAir, the only solution that provides both backup
power and backup cooling. With expert power system engineers and worldwide services and support, Active Power ensures organizations have the power to perform. For more information, please visit www.activepower.com.
Cautionary Note Regarding Forward-Looking Statements
This release may contain forward-looking statements that involve risks and uncertainties. Any forward-looking statements and all other statements that may be made in this news release that are not historical facts are subject to a number of risks and uncertainties, and actual results may differ materially. Specific risks include delays in new product development, product performance and quality issues and the acceptance of our current and new products by the power quality market. Please refer to Active Power filings with the Securities and Exchange Commission for more information on the risk factors that could cause actual results to differ.
Active Power, the Active Power logo, and CleanSource are registered trademarks of, and CoolAir is a trademark of Active Power, Inc. All other trademarks are the properties of their respective companies.
| | |
| Active Power Investor Contact: | | Active Power Media Contact: |
| John Penver | | Lee Higgins |
| Chief Financial Officer | | Public Relations Manager |
| 512-744-9234 | | 512-744-9488 |
| jpenver@activepower.com | | lhiggins@activepower.com |
