Intellipharmaceutics International Inc. (Nasdaq:IPCI) (TSX:IPCI)
("Intellipharmaceutics" or the "Company"), a pharmaceutical company
specializing in the research, development and manufacture of novel
and generic controlled- and targeted-release oral solid dosage
drugs, announced today that it has received written notification
(the "Notification Letter") from The NASDAQ Stock Market LLC
("Nasdaq") notifying the Company that it is not in compliance with
the minimum market value of listed securities requirement set forth
in Nasdaq Rules for continued listing on The Nasdaq Capital Market.
The Notification Letter does not impact the Company's listing on
The Nasdaq Capital Market at this time.
Nasdaq Listing Rule 5550(b)(2) requires listed
securities to maintain a minimum market value of US $35.0
million, and Listing Rule 5810(c)(3)(C) provides that a failure to
meet the minimum market value requirement exists if the deficiency
continues for a period of 30 consecutive business days. Based on
the market value of the Company's common shares for the 30
consecutive business days from August 8, 2017, the Company no
longer meets the minimum market value of listed securities
requirement. In accordance with Nasdaq Listing Rule
5810(c)(3)(C), the Company has been provided 180 calendar days, or
until March 19, 2018, to regain compliance with Nasdaq Listing Rule
5550(b)(2). To regain compliance, the Company's common shares must
have a market value of at least US $35.0 million for a minimum of
10 consecutive business days. In the event the Company does
not regain compliance by March 19, 2018, the Company may be
eligible for additional time to regain compliance.
The Company intends to monitor the market value
of its common shares between now and March 19, 2018 and
intends to cure the deficiency within the prescribed grace
period. During this time, the Company's common shares will
continue to be listed and trade on The Nasdaq Capital Market.
The Company's business operations are not
affected by the receipt of the Notification Letter.
The Company is also listed on the Toronto Stock
Exchange (TSX) and the Notification Letter does not affect the
Company's compliance status with such listing.
About Intellipharmaceutics
Intellipharmaceutics International Inc. is a
pharmaceutical company specializing in the research, development
and manufacture of novel and generic controlled- and
targeted-release oral solid dosage drugs. The Company's patented
Hypermatrix™ technology is a multidimensional controlled-release
drug delivery platform that can be applied to a wide range of
existing and new pharmaceuticals. Intellipharmaceutics has
developed several drug delivery systems based on this technology
platform, with a pipeline of products (some of which have received
United States Food and Drug Administration ("FDA") approval) in
various stages of development. The Company has Abbreviated New Drug
Application ("ANDA") and New Drug Application (“NDA") 505(b)(2)
drug product candidates in its development pipeline. These include
Rexista™, an abuse deterrent oxycodone based on its proprietary
nPODDDS™ novel Point Of Divergence Drug Delivery System (for which
an NDA has been filed with the FDA), and Regabatin™ XR (pregabalin
extended-release capsules).
Cautionary Statement Regarding
Forward-Looking Information
Certain statements in this document constitute
"forward-looking statements" within the meaning of the United
States Private Securities Litigation Reform Act of 1995 and/or
"forward-looking information" under the Securities Act (Ontario).
These statements include, without limitation, statements expressed
or implied regarding our plans, goals and milestones, status of
developments or expenditures relating to our business, plans to
fund our current activities, statements concerning our partnering
activities, health regulatory submissions, strategy, future
operations, future financial position, future sales, revenues and
profitability, projected costs and market penetration. In some
cases, you can identify forward-looking statements by terminology
such as "may", "will", "should", "expects", "plans", "plans to",
"anticipates", "believes", "estimates", "predicts", "confident",
"prospects", "potential", "continue", "intends", "look forward",
"could", or the negative of such terms or other comparable
terminology and such statements include, but are not limited to,
statements about the future compliance with Nasdaq's minimum market
value of listed securities requirement including the intentions of
the Company in response to the receipt of the Notification Letter.
We made a number of assumptions in the preparation of our
forward-looking statements. You should not place undue reliance on
our forward-looking statements, which are subject to a multitude of
known and unknown risks and uncertainties that could cause actual
results, future circumstances or events to differ materially from
those stated in or implied by the forward-looking statements.
Risks, uncertainties and other factors that could affect our actual
results include, but are not limited to, the effects of general
economic conditions, securing and maintaining corporate alliances,
our estimates regarding our capital requirements and the effect of
capital market conditions and other factors, including the current
status of our product development programs, on capital
availability, the estimated proceeds (and the expected use of any
proceeds) we may receive from any offering of our securities,
the potential dilutive effects of any future financing,
potential liability from and costs of defending pending or future
litigation, our ability to maintain compliance with the continued
listing requirements of the principal markets on which our
securities are traded, our programs regarding research, development
and commercialization of our product candidates, the timing of such
programs, the timing, costs and uncertainties regarding obtaining
regulatory approvals to market our product candidates and the
difficulty in predicting the timing and results of any product
launches, the timing and amount of profit-share payments from our
commercial partners, and the timing and amount of any available
investment tax credits the actual or perceived benefits to users of
our drug delivery technologies, products and product candidates as
compared to others, our ability to establish and maintain valid and
enforceable intellectual property rights in our drug delivery
technologies, products and product candidates, the scope of
protection provided by intellectual property for our drug delivery
technologies, products and product candidates, the actual size of
the potential markets for any of our products and product
candidates compared to our market estimates, our selection and
licensing of products and product candidates, our ability to
attract distributors and/or commercial partners with the ability to
fund patent litigation and with acceptable product development,
regulatory and commercialization expertise and the benefits to be
derived from such collaborative efforts, sources of revenues and
anticipated revenues, including contributions from distributors and
commercial partners, product sales, license agreements and other
collaborative efforts for the development and commercialization of
product candidates, our ability to create an effective direct sales
and marketing infrastructure for products we elect to market and
sell directly, the rate and degree of market acceptance of our
products, delays in product approvals that may be caused by
changing regulatory requirements, the difficulty in predicting the
timing of regulatory approval and launch of competitive products,
the difficulty in predicting the impact of competitive products on
volume, pricing, rebates and other allowances, the number of
competitive product entries, and the nature and extent of any
aggressive pricing and rebate activities that may follow, the
inability to forecast wholesaler demand and/or wholesaler buying
patterns, the seasonal fluctuation in the numbers of prescriptions
written for our Focalin XR® (dexmethylphenidate hydrochloride
extended-release) capsules, which may produce substantial
fluctuations in revenues, the timing and amount of insurance
reimbursement regarding our products, changes in laws and
regulations affecting the conditions required by the FDA for
approval, testing and labeling of drugs including abuse or overdose
deterrent properties, and changes affecting how opioids are
regulated and prescribed by physicians, changes in laws and
regulations, including Medicare and Medicaid, affecting among other
things, pricing and reimbursement of pharmaceutical products,
changes in U.S. federal income tax laws currently being considered,
including, but not limited to, the U.S. changing the method by
which foreign income is taxed and resulting changes to the passive
foreign investment company laws and regulations which may impact
our shareholders, the success and pricing of other competing
therapies that may become available, our ability to retain and hire
qualified employees, the availability and pricing of third-party
sourced products and materials, challenges related to the
development, commercialization, technology transfer, scale-up,
and/or process validation of manufacturing processes for our
products or product candidates, the manufacturing capacity of
third-party manufacturers that we may use for our products,
potential product liability risks, the recoverability of the cost
of any pre-launch inventory should a planned product launch
encounter a denial or delay of approval by regulatory bodies, a
delay in commercialization, or other potential issues, the
successful compliance with FDA, Health Canada and other
governmental regulations applicable to us and our third party
manufacturers' facilities, products and/or businesses, our reliance
on commercial partners, and any future commercial partners, to
market and commercialize our products and, if approved, our product
candidates, difficulties, delays, or changes in the FDA approval
process or test criteria for ANDAs and NDAs challenges in securing
final FDA approval for our product candidates, including RexistaTM
in particular, if a patent infringement suit is filed against us,
with respect to any particular product candidates (such as in the
case of RexistaTM), which could delay the FDA's final approval of
such product candidates, healthcare reform measures that could
hinder or prevent the commercial success of our products and
product candidates, the FDA may not approve requested product
labeling for our product candidate(s) having abuse-deterrent
properties targeting common forms of abuse (oral, intra-nasal and
intravenous), risks associated with cyber-security and the
potential for vulnerability of our digital information or the
digital information of a current and/or future drug development or
commercialization partner of ours, and risks arising from the
ability and willingness of our third-party commercialization
partners to provide documentation that may be required to support
information on revenues earned by us from those commercialization
partners. Additional risks and uncertainties relating to us and our
business can be found in the "Risk Factors" section of our latest
annual information form, our latest Form 20-F, and our latest Form
F-3 (including any documents forming a part thereof or incorporated
by reference therein), as well as in our reports, public disclosure
documents and other filings with the securities commissions and
other regulatory bodies in Canada and the U.S. which are available
on www.sedar.com and www.sec.gov. The forward-looking statements
reflect our current views with respect to future events, and are
based on what we believe are reasonable assumptions as of the date
of this document, and we disclaim any intention and have no
obligation or responsibility, except as required by law, to update
or revise any forward-looking statements, whether as a result of
new information, future events or otherwise.
Trademarks used herein are the property of their
respective holders.
Unless the context otherwise requires, all
references to "we," "us," "our," "Intellipharmaceutics," and the
"Company" refer to Intellipharmaceutics International Inc. and its
subsidiaries.
CONTACT INFORMATION
Company Contact:Intellipharmaceutics International Inc.Andrew
PatientChief Financial
Officer416.798.3001investors@intellipharmaceutics.com
Investor Contact:ProActive CapitalKirin
Smith646.863.6519ksmith@proactivecapital.com
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