-----BEGIN PRIVACY-ENHANCED MESSAGE----- Proc-Type: 2001,MIC-CLEAR Originator-Name: webmaster@www.sec.gov Originator-Key-Asymmetric: MFgwCgYEVQgBAQICAf8DSgAwRwJAW2sNKK9AVtBzYZmr6aGjlWyK3XmZv3dTINen TWSM7vrzLADbmYQaionwg5sDW3P6oaM5D3tdezXMm7z1T+B+twIDAQAB MIC-Info: RSA-MD5,RSA, HtNjWRhzgHHpvf76D+bwZkJuTd1VDiJ8Z3jceCTK9JgTUmCsqkdIYABm9U8Xp+oX J57jIIeDXvGOOi28CJsAcg== 0001181431-10-016915.txt : 20100317 0001181431-10-016915.hdr.sgml : 20100317 20100317162201 ACCESSION NUMBER: 0001181431-10-016915 CONFORMED SUBMISSION TYPE: 8-K PUBLIC DOCUMENT COUNT: 2 CONFORMED PERIOD OF REPORT: 20100317 ITEM INFORMATION: Notice of Delisting or Failure to Satisfy a Continued Listing Rule or Standard; Transfer of Listing ITEM INFORMATION: Financial Statements and Exhibits FILED AS OF DATE: 20100317 DATE AS OF CHANGE: 20100317 FILER: COMPANY DATA: COMPANY CONFORMED NAME: Harbor BioSciences, Inc. CENTRAL INDEX KEY: 0000899394 STANDARD INDUSTRIAL CLASSIFICATION: PHARMACEUTICAL PREPARATIONS [2834] IRS NUMBER: 133697002 STATE OF INCORPORATION: DE FISCAL YEAR END: 1231 FILING VALUES: FORM TYPE: 8-K SEC ACT: 1934 Act SEC FILE NUMBER: 001-34584 FILM NUMBER: 10689043 BUSINESS ADDRESS: STREET 1: 4435 EASTGATE MALL STREET 2: SUITE 400 CITY: SAN DIEGO STATE: CA ZIP: 92121 BUSINESS PHONE: 858-587-9333 MAIL ADDRESS: STREET 1: 4435 EASTGATE MALL STREET 2: SUITE 400 CITY: SAN DIEGO STATE: CA ZIP: 92121 FORMER COMPANY: FORMER CONFORMED NAME: HOLLIS EDEN PHARMACEUTICALS INC /DE/ DATE OF NAME CHANGE: 19970410 FORMER COMPANY: FORMER CONFORMED NAME: INITIAL ACQUISITION CORP DATE OF NAME CHANGE: 19930329 8-K 1 rrd270295.htm 8-K FILING LISTING TRANSFER TO CAPITAL MARKET Prepared By R.R. Donnelley Financial -- Form 8-K
 
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):  03/17/2010
 
Harbor BioSciences, Inc.
(Exact name of registrant as specified in its charter)
 
Commission File Number:  000-24672
 
DE
  
13-3697002
(State or other jurisdiction of
  
(IRS Employer
incorporation)
  
Identification No.)
 
4435 Eastgate Mall, Suite 400, San Diego, CA 92121
(Address of principal executive offices, including zip code)
 
858.587.9333
(Registrant’s telephone number, including area code)
 
(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:
[  ]   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 3.01.    Notice of Delisting or Failure to Satisfy a Continued Listing Rule or Standard; Transfer of Listing
 
On March 16, 2010, Harbor BioSciences, Inc. (the "Company") received notice from The Nasdaq Stock Market that its application had been approved to transfer the listing of its common stock to The Nasdaq Capital Market from The Nasdaq Global Market. The transfer will be effective at the opening of the market on March 18, 2010. The Company will continue to trade under the symbol "HRBR."

The Nasdaq Capital Market is a continuous trading market that operates in substantially the same manner as the Nasdaq Global Market. All companies listed on the Nasdaq Capital Market must meet certain financial requirements and adhere to Nasdaq's corporate governance standards. The Company elected to transfer the listing of its common stock to the Nasdaq Capital Market because it no longer met certain listing requirements of the NASDAQ Global Market. The Company believes it is in compliance with all applicable criteria for continued listing on the Nasdaq Capital Market, but for the $1.00 per share minimum bid pric e requirement set forth in Listing Rule 5550(a)(2). The Company will continue to monitor the bid price of its common stock and will consider available options if its common stock does not trade at a price level likely to result in the Company gaining compliance with Listing Rule 5550(a)(2) prior to the September 13, 2010 grace period deadline.

 
 
Item 9.01.    Financial Statements and Exhibits
 
(d) Exhibits.

99.1       Press Release dated March 17, 2010.

 

 

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.
 
           
Harbor BioSciences, Inc.
 
 
Date: March 17, 2010
     
By:
 
/s/    /Robert Weber/
               
Robert Weber
               
Chief Financial Officer
 
 

 

EXHIBIT INDEX
 
Exhibit No.
  
Description
EX-99.1
  
Press Release dated March 17, 2010
EX-99.1 2 rrd270295_31574.htm PRESS RELEASE DATED MARCH 17, 2010 CONFIDENTIAL DRAFT VERSION 3

CONTACT: Robert Weber

Chief Financial Officer

Harbor BioSciences, Inc.

(858) 587-9333

rweber@harborbiosciences.com

 

Harbor BioSciences Announces Listing Transfer to The Nasdaq Capital Market

San Diego, CA - March 17, 2010 - Harbor BioSciences, Inc. (Nasdaq: HRBR) today announced that NASDAQ has approved its application to transfer its stock listing to The Nasdaq Capital Market (the "Capital Market") from The Nasdaq Global Market, effective at the opening of business on March 18, 2010. The company's common stock will continue to be traded under the symbol "HRBR". The Nasdaq Capital Market is a continuous trading market that operates in substantially the same manner as the Nasdaq Global Market.

As previously announced, the company received a letter from The Nasdaq Stock Market LLC on September 15, 2009, indicating that the company was not in compliance with the minimum bid price of $1.00 per share required by Nasdaq Marketplace Rule 4450(a)(1), which is required for listing on The Nasdaq Global Market, and providing the company with 180 calendar days, or until March 15, 2010, to regain compliance with the minimum bid rule. In anticipation of not meeting the minimum bid price requirement, the company requested, and on March 16, 2010 received, approval from NASDAQ to transfer the listing of its common stock to The Nasdaq Capital Market from The Nasdaq Global Market. As a result of the market transfer, NASDAQ granted the company an additional 180 calendar day period, or until September 13, 2010, to regain compliance with the minimum bid rule.

About Harbor BioSciences, Inc.

Harbor BioSciences is a development-stage company with two product candidates in clinical trials: Apoptone® (HE3235) in the cohort expansion portion of a Phase I/IIa trial of patients with late-stage prostate cancer, and Triolex® (HE3286), in a Phase IIa trial in obese type 2 diabetes mellitus patients. Apoptone and Triolex represent the lead candidates from Harbor BioSciences' small molecule platform based on metabolites or synthetic analogs of endogenous steroid hormones. For more information on Harbor BioSciences please visit www.harborbiosciences.com.

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