Delisting Determination,The Nasdaq Stock Market, LLC,
January 16, 2009, PepperBall Technologies, Inc. The Nasdaq Stock
Market, Inc. (the Exchange) has determined to remove from
listing the common stock and warrant of PepperBall Technologies,
Inc. (the Company), effective at the opening of the
trading session on January 26, 2009. Based on a review of
the information provided by the Company, Nasdaq Staff
determined that the Company no longer qualified for
listing on the Exchange pursuant to Marketplace Rule
4310(c)(4). The Company was notified of the
Staffs determination on September 23, 2008.
The Company requested a review of the
Staffs determination before the Listing
Qualifications Hearings Panel. Upon review of the
information provided by the Company, the Panel
determined that the Company did not qualify for
inclusion on the Exchange based on its failure to
comply with the following Marketplace Rules:
4310(c)(04) and 4340(a). The Company was notified of the
Panels decision on November 4, 2008 and trading in the
Companys securities was suspended on November 6 and
November 10, 2008. The Company did not request a review
of the Panels decision by the Nasdaq Listing and Hearing
Review Council. The Listing Council did not call the
matter for review. The Panels Determination to delist
the Company became final on December 19, 2008.