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 22, 2008

 

 

BIOPURE CORPORATION

(Exact name of registrant as specified in its charter)

 

 

 

DELAWARE   000-15167   04-2836871

(State or other jurisdiction

of incorporation)

  (Commission File Number)  

(IRS Employer

Identification No.)

11 HURLEY STREET

CAMBRIDGE, MA 02141

(Address of principal executive offices and zip code)

(617) 234-6500

(Registrant’s telephone number, including area code)

 

 

Check the appropriate box below if the Form 8-K 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(d))

 

¨ 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 22, 2008 Biopure Corporation (the “Company”) received notice from The Nasdaq Stock Market (“Nasdaq”) indicating that the Company was granted an extension to regain compliance with Marketplace Rule 4310(c)(4), requiring a minimum bid price of $1.00 for continued listing. Currently, the Company meets all other required inclusion criteria for continued listing on the NASDAQ Capital Market. If, at any time before March 16, 2009, the closing bid price of the Company’s common stock is $1.00 per share or more for a minimum of 10 consecutive business days, the Company should be provided written notification from Nasdaq that it complies with the Marketplace Rules for continued listing.

 

Item 9.01. Financial Statements and Exhibits.

 

(d) Exhibits.

 

Exhibit No.

 

Description

99.1   Press Release issued by Biopure Corporation on October 28, 2008

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.

 

      BIOPURE CORPORATION
Date: October 28, 2008     By:  

/s/ Zafiris G. Zafirelis

      Name:   Zafiris G. Zafirelis
      Title:   Chairman, President and Chief Executive Officer

EXHIBIT INDEX

 

Exhibit
Number

  

Description

99.1

   Press Release issued by Biopure Corporation on October 28, 2008
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