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): November 15, 2005
CURATIVE HEALTH SERVICES, INC.
(Exact name of registrant as specified in its charter)
Minnesota 000-50371 51-0467366
(State or other jurisdiction of (Commission (I.R.S. Employer
incorporation or organization) File Number) Identification No.)
61 Spit Brook Road
Nashua, New Hampshire 03060
(Address of principal executive offices) (zip code)
(603) 888-1500
(Registrant's telephone number, including area code)
Not Applicable
(Former name or former address, if changed since last report)
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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:
|_| 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(b))
|_| Pre-commencement communications pursuant to Rule 13e-4(c) under the
Exchange Act (17 CFR 240
Item 3.01 Notice of Delisting or Failure to Satisfy a Continued Listing
Rule or Standard; Transfer of Listing.
On November 15, 2005, Curative Health Services, Inc. ("Curative")
announced that on November 9, 2005 it received notification from The Nasdaq
Stock Market indicating that for the last 30 consecutive business days, the bid
price of Curative's common stock has closed below the minimum $1.00 per share
requirement for continued inclusion under Marketplace Rule 4450(b)(4)
(the "Bid Price Rule"). The Nasdaq notice indicated that in accordance with
Marketplace Rule 4450(e)(2), Curative will be provided 180 calendar days, or
until May 8, 2006, to regain compliance by having its shares close above $1.00
for a minimum of 10 consecutive trading days. If Curative has not regained
compliance with the Bid Price Rule by May 8, 2006, Nasdaq will issue a letter
notifying Curative that its common stock will be delisted. At that time,
Curative may appeal the determination to delist its common stock to a Listings
Qualifications Panel. Alternatively, Curative may apply to have its common
stock transferred to The Nasdaq Capital (SmallCap) Market if it otherwise
satisfies the applicable initial listing requirements for such market. If such
application is approved, Curative will be afforded the remainder of this
market's second 180 calendar day compliance period in order to regain compliance
while on The Nasdaq Capital Market.
On November 15, 2005, Curative also announced that on November 10,
2005 it received a letter from The Nasdaq Stock Market indicating that for the
30 consecutive trading days preceding the date of this letter, Curative's common
stock has not maintained the minimum aggregate market value of publicly held
shares ("MVPHS") of $15 million required for continued inclusion under
Marketplace Rule 4450(b)(3). The letter further notified Curative that, in
accordance with Marketplace Rule 4450(e)(1), Curative will be provided 90
calendar days, or until February 8, 2006, to regain compliance with the MVPHS
requirement. Compliance will be achieved if the MVPHS is $15 million or more
for 10 consecutive trading days prior to February 8,2006. The letter further
stated that if Curative does not regain compliance with the Marketplace Rules
by February 8, 2006, Nasdaq will provide notice that Curative's common stock
will be delisted from the Nasdaq Stock Market. In the event of such
notification, Curative may appeal the determination to delist its common stock
to a Listings Qualifications Panel. Alternatively, Curative may apply to have
its common stock transferred to the Nasdaq Capital Market and, if Curative
submits a transfer application and pays the applicable listing fees by
February 8, 2006, the initiation of delisting proceedings would be stayed
pending Nasdaq staff review of the application.
Curative has determined that no specific action is warranted at this
time in response to Either of these letters from Nasdaq.
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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.
CURATIVE HEALTH SERVICES, INC.
Date: November 15, 2005 By: /s/ Thomas Axmacher
___________________________________
Thomas Axmacher
Chief Financial Officer
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