Delisting Determination,The Nasdaq Stock Market, LLC,
February 20, 2009, Acusphere, Inc. The Nasdaq Stock
Market, Inc. (the Exchange) has determined to remove from
listing the common stock of Acusphere, Inc.
(the Company), effective at the opening of the
trading session on March 2, 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
4450(a)(03). The Company was notified of the Staffs
determination on August 12, 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
transferred the Company's securities to the Nasdaq
Capital Market conditioned upon the Company's showing
compliance with Marketplace Rule 4310(c)(02) by
December 31, 2008. The Company did not comply and the Panel
determined that the Company did not qualify for
inclusion on the Exchange based on its failure to
comply with the following Marketplace Rule:
4310(c)(02). The Company was notified
of the Panels decision on January 7, 2009 and
trading in the Companys securities was suspended on
January 9, 2009. 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 February 23, 2009.