Unassociated Document
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): February 10, 2009
APEX
BIOVENTURES ACQUISITION CORPORATION
(Exact
name of registrant as specified in its charter)
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Delaware
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6770
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20-4997725
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(State
or other jurisdiction
of
incorporation)
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(Commission
File Number)
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(IRS
Employer
Identification
No.)
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18
Farm Lane
Hillsborough,
California 94010
(Address
of principal executive offices and zip code)
Registrant’s
telephone number, including area code: (650) 344-3029
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):
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Written
communications pursuant to Rule 425 under the Securities Act (17 CFR
230.425)
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Soliciting
material pursuant to Rule 14a-12 under the Exchange Act (17 CFR
240.14a-12)
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Pre-commencement
communications pursuant to Rule 14d-2(b) under the Exchange Act (17 CFR
240.14d-2(b))
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Pre-commencement
communications pursuant to Rule 13e-4(c) under the Exchange Act (17 CFR
240.13e-4(c))
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ITEM
3.01 Notice of Delisting or Failure to Satisfy a Continued Listing
Rule or Standard; Transfer of Listing.
Apex
Bioventures Acquisition Corp. (the “Company”) received a notice dated February
10, 2009 from the NYSE Alternext US LLC (the “Exchange”) stating that the
Company is not in compliance with one of the requirements for continued listing
on the Exchange. Specifically, the Exchange advised that the Company
is not in compliance with Section 704 of the Exchange’s Company Guide because
the Company did not hold an annual meeting during calendar year
2008.
In order
to maintain its listing on the Exchange, the Company must submit a plan to the
Exchange by March 10, 2009 addressing the manner in which the Company intends to
regain compliance with Section 704 of the Company Guide by August 11,
2009. If the Company does not submit a plan or if the plan is not
accepted by the Exchange, the Company will be subject to delisting procedures as
set forth in the Company Guide. The Company is in the process of
preparing that plan for submission to the Exchange.
On
February 13, 2009, the Company issued a press release disclosing its receipt of
the notice from the Exchange summarized above and the fact that the Company is
not in compliance with the Exchange’s continued listing
requirements. A copy of this press release is attached hereto as
Exhibit 99.1 and incorporated herein by reference.
ITEM
9.01 FINANCIAL STATEMENTS AND EXHIBITS
(c) Exhibits.
99.1 Press
Release, dated February 13, 2009.
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.
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APEX BIOVENTURES
ACQUISITION CORPORATION |
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By:
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/s/ Darrell
J. Elliott |
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Darrell
J. Elliott |
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Chairman and Chief Executive
Officer |
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Dated:
February 13, 2009
EXHIBIT
INDEX
Exhibit
Number
Description
99.1 Press
Release, dated February 13, 2009.