MALVERN, Pa., July 12 /PRNewswire-FirstCall/ -- Novavax, Inc. said today that it had received a Nasdaq Staff Deficiency Letter notifying Novavax that the company was not in compliance with Nasdaq’s audit committee requirement for continued listing set forth in Marketplace Rule 4350(d)(2). In a July 6, 2006 letter to the company, Nasdaq noted that the resignation of Mitchell J. Kelly on May 22, 2006 from the Novavax board of directors left the company’s audit committee with only two members. Under Nasdaq and Security and Exchange Commission rules, the audit committee must consist of at least three independent members.
On July 10, 2006, the Novavax board unanimously appointed director John O. Marsh, Jr. to the audit committee in satisfaction of applicable Nasdaq and SEC requirements. Pursuant to Rule 4350(d)(4), Novavax had until the earlier of May 22, 2007 or the company’s 2007 annual shareholder meeting to regain compliance.
About Novavax, Inc.
Novavax is focused on creating differentiated, value-added pharmaceutical and vaccine products and technologies. The company’s technology platforms include the virus-like particle (VLP) manufacturing technology utilizing the baculovirus expression system in insect cells, as well as novel vaccine adjuvants based on Novasomes(R), non-phospholipid vesicles and dendrimer technologies. The company is developing a pandemic flu vaccine against H5N1, H9N2 and other avian influenza viruses and a seasonal flu vaccine against human influenza strains using its VLP and Novasome adjuvant technologies. Novavax’s drug delivery technologies include the micellar nanoparticle (MNP) technology which is the basis for the development of its first FDA-approved product, ESTRASORB(R). In addition to MNP, Novavax drug delivery technologies include Novasomes and Sterisomes(R), solvent and oil-free emulsions for subcutaneous depot injection. The company has several products utilizing the MNP technology in various stages of development.
Forward-Looking Statements
Statements made in this press release that state Novavax’s or management’s intentions, hopes, beliefs, expectations, or predictions of the future are forward-looking statements. Forward-looking statements include but are not limited to statements regarding usage of cash, product sales, future product development and related clinical trials and future research and development, including FDA approval. Novavax’s actual results could differ materially from those expressed in such forward-looking statements. Such forward-looking statements involve known and unknown risks, uncertainties and other factors which may cause the actual results, performance or achievements of the Company, or industry results, to be materially different from those expressed or implied by such forward-looking statements. Such factors include, among other things, the following: general economic and business conditions; ability to enter into future collaborations with industry partners, competition; unexpected changes in technologies and technological advances; ability to obtain rights to technology; ability to obtain and enforce patents; ability to commercialize and manufacture products; ability to establish and maintain commercial-scale manufacturing capabilities; results of clinical studies; progress of research and development activities; business abilities and judgment of personnel; availability of qualified personnel; changes in, or failure to comply with, governmental regulations; the ability to obtain adequate financing in the future through product licensing, co-promotional arrangements, public or private equity financing or otherwise; and other factors referenced herein. Additional information is contained in Novavax’s annual report on Form 10K for the year ended December 31, 2005 and quarterly report on Form 10Q for the quarter ended March 31, 2006 incorporated herein by reference. Statements made herein should be read in conjunction with Novavax’s annual and quarterly reports filed with the SEC. Copies of these filings may be obtained by contacting Novavax at 508 Lapp Road, Malvern, PA 19355, Tel 484-913-1200 or the SEC at http://www.sec.gov.
Novavax, Inc.
CONTACT: Mariann Caprino, Novavax, Inc., +1-484-913-1213,mcaprino@novavax.com
