- Current report filing (8-K)
10 Octubre 2008 - 4:23PM
Edgar (US Regulatory)
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):
October 10, 2008
ATHEROGENICS,
INC.
(Exact
Name of Registrant as Specified in its Charter)
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Georgia
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0-31261
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58-2108232
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(State
or other jurisdiction
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(Commission
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(I.R.S.
Employer
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of
incorporation)
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File
Number)
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Identification
Number)
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8995
Westside Parkway
Alpharetta,
GA 30004
(Address
of principal executive offices)
Registrant's
telephone number, including area code
(678) 336-2500
_________________
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 (
see
General Instruction A.2.
below):
o
Written
communications pursuant to Rule 425 under the Securities Act (17 CFR
230.425)
o
Soliciting
material pursuant to Rule 14a-12 under the Exchange Act (17 CFR
240.14a-12)
o
Pre-commencement
communications pursuant to Rule 14d-2(b) under the Exchange Act (17 CFR
240.14d-2(b))
o
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 October 10, 2008, AtheroGenics, Inc.
(the “Company”) issued a press release announcing that on October 10, 2008 it
received notification from the Nasdaq Stock Market indicating that the staff of
the Nasdaq Stock Market had determined, in accordance with NASDAQ Marketplace
Rules 4300, 4450(f) and IM-4300, that the Company’s common stock should be
delisted from the Nasdaq Global Market in light of the Company's filing under
Chapter 11 of the United States Bankruptcy Code. Trading in the
Company’s common stock on the Nasdaq Global Market will be suspended at the
opening of business on October 14, 2008. The Company expects
that its common stock will continue to trade on the over-the-counter market or
the Pink Sheets.
A copy of the press release is attached
to this current report on Form 8-K as Exhibit 99.1 and is incorporated herein by
reference.
Item
9.01. Financial Statements and Exhibits.
The following
exhibits are filed with this current report on Form 8-K.
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99.1
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Press
Release, dated October 10, 2008
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SIGNATURE
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.
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ATHEROGENICS,
INC.
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Date: October
10, 2008
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By:
MARK P.
COLONNESE
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Mark
P. Colonnese
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Executive
Vice President, Commercial Operations
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and
Chief Financial Officer
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EXHIBIT
INDEX
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99.1
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Press
Release, dated October 10, 2008
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