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Nasdaq: EpiCept placement from December fails to comply with listing rules
By Sheri Kasprzak
New York, Jan. 18 - EpiCept Corp. received notice from Nasdaq Stock Market that the company's December private placement for $9.928 million failed to comply with its listing requirements.
The placement required shareholder authorization, according to the Nasdaq letter, because the company was selling a number of shares greater than the 20% allowed to be sold at a price below the greater of the company's book or market value.
If EpiCept does not comply with the notice, it risks being delisted from Nasdaq.
In the placement, the company sold 6.8 million shares at $1.46 each.
Also, the notice impacts EpiCept's $15 million standby equity distribution agreement with Cornell Capital Partners, LP. If EpiCept does not bring itself into compliance, the equity line will become null and void.
Tarrytown, N.Y.-based EpiCept develops treatments for pain and cancer.
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