No, I haven't seen it, but I had been hoping for 20%, but didn't think we would get that much being so backed into a corner. I bought more yesterday and today.

Take Care.

Income Statement Get Income Statement for: Acusphere Inc. (ACUS)

***This didn't copy well, but you can find it within the link below. Maybe now Zach's will add some clarity to the Cephalon deal.*****


http://finance.yahoo.com/q/is?s=acus

View: Annual Data | Quarterly Data All numbers in thousands
PERIOD ENDING 30-Jun-08 31-Mar-08 31-Dec-07 30-Sep-07
Total Revenue 854 667 667 667
Cost of Revenue - - - -

Gross Profit 854 667 667 667

Operating Expenses
Research Development 8,966 10,741 10,604 11,729
Selling General and Administrative 2,653 3,171 2,550 3,092
Non Recurring - - - -
Others - - - -

Total Operating Expenses - - - -


Operating Income or Loss (10,765) (13,245) (12,487) (14,154)

Income from Continuing Operations
Total Other Income/Expenses Net 82 184 391 643
Earnings Before Interest And Taxes (10,683) (13,061) (12,096) (13,511)
Interest Expense 371 421 465 491
Income Before Tax (11,054) (13,482) (12,561) (14,002)
Income Tax Expense - - - -
Minority Interest - - - -

Net Income From Continuing Ops (11,054) (13,482) (12,561) (14,002)

Non-recurring Events
Discontinued Operations - - - -
Extraordinary Items - - - -
Effect Of Accounting Changes - - - -
Other Items - - - -


Net Income (11,054) (13,482) (12,561) (14,002)
Preferred Stock And Other Adjustments (528) (528) (561) (560)

Net Income Applicable To Common Shares ($11,582) ($14,010) ($13,122) ($14,562)



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Hello Tonyvanw, For what it is worth, I have an order in now to buy a few thousand more shares a little below the bid, to see if it will come back to me. In my mind ACUS is having a sale today, if one can assume the risk of Imagify getting through the FDA. The risk of going to zero in the near term has been erased, as long as the CEPH deal closes on schedule.

Take Care.

Form 8-K for ACUSPHERE INC

http://biz.yahoo.com/e/081028/acus8-k.html


--------------------------------------------------------------------------------

28-Oct-2008

Notice of Delisting or Failure to Satisfy a Continued Listing Rule or Standard; Tra



Item 3.01. Notice of Delisting or Failure to Satisfy a Continued Listing
Rule or Standard; Transfer of Listing.
On October 28, 2008, Acusphere, Inc. (the "Company") announced that on October 27, 2008 it had received a letter from The Nasdaq Stock Market LLC ("NASDAQ") stating that, effective at the open of business on Wednesday, October 29, 2008, the listing of the Company's common stock will be transferred from the Nasdaq Global Market to the Nasdaq Capital Market. This listing transfer is part of the Company's plan of compliance as presented to the Nasdaq Hearings Panel in September 2008 in connection with the Company's appeal of the Nasdaq Global Market delisting notice it received on July 14, 2008. As previously announced, the Company fails to meet NASDAQ's minimum bid price requirement of $1.00 pursuant to Marketplace Rule 4450(a)(5) and NASDAQ's $10.0 million minimum stockholders' equity requirement pursuant to Marketplace Rule 4450(a)(3) for continued listing on the Nasdaq Global Market. Once Acusphere's common stock is transferred to the Nasdaq Capital Market, it will have until December 31, 2008 to show at least $2.5 million in stockholders' equity or demonstrate compliance with one of the alternative listing criteria, including $35.0 million in market value of listed securities for a minimum of ten consecutive trading days. Acusphere has until April 17, 2009 to evidence a closing bid price of $1.00 or more for a minimum of ten consecutive trading days. If Acusphere does not satisfy these requirements within these periods of time, its common stock may be delisted from NASDAQ.

The Company's common stock will continue to trade under the symbol "ACUS." NASDAQ operates both the Nasdaq Global Market and the Nasdaq Capital Market. All companies listed on the Nasdaq Capital Market must meet certain financial requirements and adhere to similar corporate governance standards as companies listed on the Nasdaq Global Market.





Item 7.01 Regulation FD Disclosure.
On October 28, 2008, the Company issued a press release announcing that effective at the open of business on Wednesday, October 29, 2008, the listing of the Company's common stock will be transferred from the Nasdaq Global Market to the Nasdaq Capital Market. A copy of the press release is being furnished as Exhibit 99.1 to this Report on Form 8-K.

This Item 7.01, including Exhibit 99.1 attached hereto, is intended to be furnished and shall not be deemed "filed" for purposes of Section 18 of the Securities Exchange Act of 1934 (the "Exchange Act") or otherwise subject to the liabilities of that section, nor shall it be deemed incorporated by reference in any filing under the Securities Act of 1933 or the Exchange Act, except as expressly set forth by specific reference in such filing.





Item 9.01 Financial Statements and Exhibits.
(d) Exhibits.

Exhibit
No. Description

99.1 Press Release, dated October 28, 2008, of Acusphere, Inc.

Acusphere Announces the Transfer of its Listing of Common Stock from the Nasdaq Global Market to the Nasdaq Capital Market

http://biz.yahoo.com/bw/081028/20081028006553.html?.v=1


Tuesday October 28, 4:01 pm ET
Company provided additional time to meet listing standards


WATERTOWN, Mass.--(BUSINESS WIRE)--Acusphere, Inc. (NASDAQ:ACUS - News) today announced that the Nasdaq Hearings Panel has approved its request to transfer its common stock to the Nasdaq Capital Market, under the same trading symbol, ACUS, effective at the open of the market on Wednesday, October 29, 2008. Acusphere’s common stock is currently traded on the Nasdaq Global Market.
ADVERTISEMENT


The listing transfer is part of the Company’s plan of compliance as presented to the Nasdaq Hearings Panel in September 2008 in connection with the Company’s appeal of the Nasdaq Global Market delisting notice it received on July 14, 2008. The Company fails to meet NASDAQ’s minimum bid price requirement of $1.00 and NASDAQ’s $10.0 million stockholders’ equity requirement for continued listing on the Nasdaq Global Market. Once Acusphere’s common stock is transferred to the Nasdaq Capital Market, it will have until December 31, 2008 to have at least $2.5 million in stockholders’ equity or demonstrate compliance with one of the alternative listing criteria, including $35.0 million in market capitalization for a minimum of ten consecutive trading days. Based upon the current common stock outstanding, Acusphere could meet the market capitalization criteria with a stock price of $0.71 or higher. Acusphere has until April 17, 2009 to achieve a closing bid price of $1.00 or more for a minimum of ten consecutive trading days. If Acusphere does not satisfy these requirements, its common shares may be delisted from The Nasdaq Stock Market LLC.

Sherri C. Oberg, President and Chief Executive Officer of Acusphere, said, “We are very pleased that NASDAQ has approved our appeal to retain our listing on The Nasdaq Stock Market LLC. We appreciate the additional time to demonstrate compliance with the applicable listing standards, and we are completely focused on executing our business strategy, which we are confident will assist us in meeting this goal.”

About Acusphere, Inc.

Acusphere (NASDAQ: ACUS - News) is a specialty pharmaceutical company that develops new drugs and improved formulations of existing drugs using its proprietary microsphere technology. We are focused on developing proprietary drugs that can offer significant benefits such as improved safety and efficacy, increased patient compliance, greater ease of use, expanded indications or reduced cost. Our lead product candidate, ImagifyTM (Perflubutane Polymer Microspheres) for Injectable Suspension, is a cardiovascular drug for the detection of coronary artery disease, the leading cause of death in the United States, for which a New Drug Application (NDA) was submitted to the U.S. Food & Drug Administration (FDA) in April 2008 and filed in June 2008. Imagify is designed to enable ultrasound to compete more effectively with nuclear stress testing, the leading procedure for detecting coronary artery disease. It is estimated that more than 10 million procedures are done each year in the U.S. to detect coronary artery disease, the leading cause of death in the United States. The Company estimates that the potential annual U.S. market opportunity for Imagify exceeds $2 billion. Imagify and the Company's other product candidates were created using proprietary technology that enables Acusphere to control the porosity and size of nanoparticles and microspheres in a versatile manner that allows them to be customized to address the delivery needs of a variety of drugs. For more information about Acusphere visit the Company's web site at www.acusphere.com.

"Acusphere" and "Imagify" are trademarks of Acusphere, Inc.

Forward-looking Statements

The above press release contains forward-looking statements which are made pursuant to the safe harbor provisions of Section 21E of the Securities Exchange Act of 1934, including statements regarding, whether the Company will be able to maintain the listing requirements of the Nasdaq Capital Market, the efficacy, safety and tolerability of Imagify, the NDA submission for Imagify and likelihood of regulatory approval, the commercial opportunity for Imagify, the commercial opportunity for other product candidates and other business development efforts. There can be no assurance that Imagify will be approved for the indication the Company is seeking, or at all. The Company's actual results may differ materially from those anticipated in these forward-looking statements based upon a number of factors, including anticipated operating losses and existing capital obligations, uncertainties associated with research, development, testing and related regulatory approvals, including uncertainties regarding regulatory evaluation of the Company's statistical analysis plan and clinical trial results and uncertainties regarding the potential effects of not achieving clinical endpoints, limited time to date for the Company to review the details of the clinical trial results, future capital needs and uncertainty of additional financing, uncertainties regarding the cost, timing and ultimate success of the qualification of the Company's commercial manufacturing facility in accordance with applicable regulatory requirements, complex manufacturing, high quality requirements, lack of commercial manufacturing experience, dependence on third-party manufacturers, suppliers and collaborators, uncertainties associated with intellectual property, competition, loss of key personnel, uncertainties associated with market acceptance and adequacy of reimbursement, technological change and government regulation, and other risks and challenges detailed in the Company's filings with the U.S. Securities and Exchange Commission, including the Company's Annual Report on Form 10-K for the year ended December 31, 2007 and its Form 10-Q for the quarter ended June 30, 2008. Readers are cautioned not to place undue reliance on any forward-looking statements, which speak only as of the date of this press release. The Company undertakes no obligation to publicly release the results of any revisions to these forward-looking statements that may be made to reflect events or circumstances that occur after the date of this press release or to reflect the occurrence of unanticipated events.



Contact:
Acusphere, Inc.
Lawrence A. Gyenes, 617-648-8800
Chief Financial Officer
or
Investors: 617-925-3444
IR@acusphere.com

--------------------------------------------------------------------------------
Source: Acusphere, Inc.

My WAG Nov. 6, 6:00 PM

Thank You!

Hello keithhpkns, I have been in a fog for the last few days about the ACUS deal, but the longer I think about, the "happier" I am with it. I was buying stock with a dilution already in mind, and now there is a chance that Imagify could be approved without a dilution of any kind.

I have read a lot of what the Yahoo board people are saying today, and I think that many are panicking, or not willing to accept the risk that Imagify approval has had all along.

ACUS will have funds to presumably get to both FDA dates as they stand now, without dilution. What a gift. I mean how about getting close to the date and wake up to, "Acusphere is filing for Chapter 11?" That was possible before the FDA dates, and now pretty much off the table unless something unforeseen comes along, WITHOUT dilution.

I am guessing that Zach's next update on ACUS will be very positive based on his tone on the phone today.

I think it must be more the norm than most realize, me included, that royalties are not disclosed. If I was buying your pipeline, I sure wouldn't want you talking about it with anyone else because it would limit my ability to deal with the next company trying to get the best terms I could. The next company would say, "Well you gave ACUS xx percent!"

In fact about the ONLY TIME I would want those royalties released is if they WERE REALLY LOW, so then I could say, "See we only gave ACUS xx percent, and you want more?"

Sherri said today that Ceph had 2.2 Billion in sales last year and that Imagify would be a BIG part of their future if approved. If approved, I would want an aggressive partner looking to Imagify for a substantial part of their future going forward, not 5% of a companies pipeline. The more they make, the more ACUS makes, as it stands now, assuming that Ceph goes with option 1.

ACUS gets paid to produce Imagify if approved at, I think the term was, total cost basis, which I took to mean they can charge off everything associated with manufacture of the product right down to the light bill. I mean what happens to ACUS's bottom line if they get to write off, or pass through, the costs associated with whatever percentage of those 70 people they have employed NOW. Their need for future funding goes down, and they would have more cash for the next innovation they choose to get into.

They just learned an important lesson on conserving funds, and keeping burn rates down, imo these lessons can last a person a lifetime and they could be much leaner going forward and not repeat, hopefully, funding mistakes of the past.

My Case For No Dilution, If Imagify Is Approved

There is no way, imo, that ceph gets 51% of ACUS, if Imagify is approved, within the year that Ceph has the option to convert. To use round numbers, if Imagify had 1 Billion in net revenue in a year, then:

Option I, Ceph gets Imagify rights, and pay ACUS 40 million plus, let's say a 15% royalty. So 1 Billion minus the 150 million to ACUS = 850 Million to CEPH.

Option II, Ceph dilutes ACUS, gives up rights to Imagify, but gets 51% of ACUS. On the same 1 Billion of net revenue, Ceph gets only the 510 million for their 51% percent of ACUS toward Cephs bottom line.

That 850 million in this example sure looks better than 510 million. So I say NO WAY IMO we get diluted, at least by this deal, unless Imagify flops, or is strung out too long. Ceph is not out to leave millions on the table every year!

Anyway, I have amazed myself at how little I know, compared to what I thought I knew since my first investment in ACUS in July, so take all this with a grain of salt!

Take Care.

Thanks Dew, I think I am starting to get it now.

That "double digit" royalty rate sure leaves open some room, like 10 to 99% But I agree that 15% is as good a shot as any. I had been hoping for 20%.

I am trying to think it through, and I am really boggled with it,

Under which option does Cephalon prosper better? Of course it assumes that Imagify is approved!

Total rights upon approval for 40 million plus, say, a 15% royalty, or diluting the company and getting 51% of it, but NOT total rights?

They said again that the market is 2 Billion a year, and just for my small brains sake, lets say they did great and had 1 Billion in Net profit, (I know, I know, but run with it as I haven't slept that well in days

So if they choose option number 1, and get Total Imagify rights, ex Europe, for 40 Million up front, and then they get 850 million, (the 1 Billion less 15% to ACUS,) then they get 850 Million that year.

And if they choose option number 2, they give up rights for Imagify, but get 51% of the diluted company. So if they have 1 billion in net profit, then 510 million is effectively going into Cephalon's pocket under option 2.

Therefore, The way my tiny, tired brain sees it now, is that Cephalon does not dilute ACUS unless Imagify fails, or falters badly and they have to spend a ton to try and get it through. 850 Million sure sounds better than the 510 million.

Am I missing something?

Thanks for taking the time to get into this one some, and

Take Care.

Form 8-K for ACUSPHERE INC

http://biz.yahoo.com/e/081027/acus8-k.html


--------------------------------------------------------------------------------

27-Oct-2008

Entry into a Material Definitive Agreement, Creation of a Direct Financial Obligati



Item 1.01. Entry into a Material Definitive Agreement.
On October 24, 2008, Acusphere, Inc. (the "Company") announced the signing of a definitive agreement with Cephalon, Inc. ("Cephalon") to provide $20 million in upfront financing by purchasing a $15 million senior secured convertible note and by paying a $5 million upfront fee for an exclusive worldwide license to AI-525, a preclinical-stage injectable formulation of celecoxib using Acusphere's proprietary Hydrophobic Drug Delivery System (HDDS�) technology. The transaction is expected to close, pending closing conditions, on or about November 3, 2008.

The senior secured convertible note will be issued pursuant to a Note Purchase Agreement between the Company and Cephalon (the "Note Purchase Agreement"), which provides for customary representations and warranties and covenants regarding the conduct of the Company's business for so long as the senior secured convertible note remains outstanding or Cephalon holds at least 25% or more of the Company's outstanding voting securities (the "Restricted Period"). The Company has also granted Cephalon preemptive rights during the Restricted Period. In addition, from and after the conversion of the senior secured convertible note and for so long as Cephalon holds at least 25% or more of the Company's outstanding voting securities, Cephalon will have the right to designate that number of directors to the Company's board of directors that is proportional to its equity interest, provided that any future transaction between the Company and Cephalon must be approved by a committee of directors consisting entirely of directors that are independent of Cephalon.

The terms of the senior secured convertible note, including its convertibility prior to the first anniversary of the closing, at Cephalon's option, into
(i) equity securities, (ii) the right to enter into an exclusive license to all intellectual property rights of the Company relating to Imagify� (Perflubutane Polymer Microspheres) for Injectable Suspension, or (iii) the satisfaction of Cephalon's obligation to pay the Company the $15 million milestone payment for regulatory approval pursuant to the celecoxib license agreement, are described in Item 2.03 below and the disclosure contained in Item 2.03 is incorporated herein by reference.

In connection with the Cephalon Transaction, the Company has agreed to license all intellectual property of the Company relating to celecoxib, a development stage drug candidate based on the Company's Hydrophobic Drug Delivery System�, in exchange for an upfront cash payment of $5 million, a milestone payment of $15 million upon the Company's receipt from the FDA of final approval of the first New Drug Application or NDA prepared by the Company with respect to celecoxib for any indication, and certain royalty payments based on future sales by Cephalon of celecoxib. The term of this license agreement extends until the expiration of the last of the patent rights licensed under the agreement.

All of the agreements and transactions between the Company and Cephalon described in this Current Report on Form 8-K shall be referred to collectively as the "Cephalon Transaction," and all such agreements shall be referred to collectively as the "Cephalon Transaction Agreements."

The above summary of the Cephalon Transaction does not purport to be complete and is qualified in its entirety by reference to the Cephalon Transaction Agreements, copies of which

. . .




Item 2.03 Creation of a Direct Financial Obligation or an Obligation
under an Off-Balance Sheet Arrangement of a Registrant.
In connection with the Cephalon Transaction, the Company will issue to Cephalon a senior secured convertible note in the principal amount of $15 million (the "Note"). The Note includes an annual interest rate of 8.0% and is payable annually over three years in cash or shares of the Company's common stock at the Company's election. The Note is secured by certain assets of the Company, including all of the Company's intellectual property, pursuant to the terms of a Pledge and Security Agreement with Cephalon. The Note is subject to acceleration and an increased interest rate upon the happening of customary events of default, including the failure to make timely payments of principal and interest.

The Note is convertible at Cephalon's option any time prior to the first anniversary of the closing date into one of the following: (i) the greater of (A) the number of shares of the Company's common stock equal to $15 million divided by 90% of the average closing price of the Company's common stock during the ten day trading period prior to the signing of the Note Purchase Agreement and (B) the number of shares of the Company's common stock equal to 51% of the Company's outstanding common stock on a fully-diluted basis on the date of conversion of the Note, (ii) the right to enter into an exclusive license to all intellectual property rights of Acusphere relating to Imagify� (Perflubutane Polymer Microspheres) for Injectable Suspension (the "Imagify License") to use, distribute and sell Imagify for all current and future indications including coronary heart disease, in a worldwide territory, excluding those European countries for which Nycomed Danmark ApS has rights pursuant to that certain Collaboration, License and Supply Agreement dated as of July 6, 2004, as amended, or (iii) the satisfaction of Cephalon's obligation to pay the Company the $15 million milestone payment for approval of celecoxib by the US Food and Drug Administration ("FDA") for any indication pursuant to the celecoxib license agreement described above. In connection with the possible conversion of the Note into shares of the Company's common stock, the Company has also entered into a registration rights agreement with Cephalon pursuant to which the Company has agreed to register for resale shares of the Company's common stock held by Cephalon.

If Cephalon elects to convert the Note into the right to enter into the Imagify License, the Company is entitled to a $40 million regulatory milestone payment upon final FDA approval of the first NDA for Imagify for the detection of coronary artery disease and certain royalty payments based on future sales by Cephalon of Imagify. The term of the Imagify License would extend until the expiration of the last of the patent rights licensed under such agreement. A copy of the form of the Imagify License can be found as Exhibit F to Exhibit 10.1 to this Current Report on Form 8-K.

The above summary of the Cephalon Transaction does not purport to be complete and is qualified in its entirety by reference to the Cephalon Transaction Agreements, copies of which



--------------------------------------------------------------------------------

have been filed as Exhibits 10.1, 10.2, 10.3, 10.4 and 10.5 to this Current Report on Form 8-K, respectively, and are incorporated into this Item 2.03 by reference.





Item 3.02. Unregistered Sales of Equity Securities.
The disclosure contained in Items 1.01 and 2.03 is incorporated herein by reference.





Item 5.03 Amendment to Articles of Incorporation or Bylaws; Change in
Fiscal Year.
In connection with Cephalon Transaction, and pursuant to the stockholder approval received at the Company's annual meeting of stockholders on June 5, 2008, the Company intends to file an amendment to its certificate of incorporation with the Secretary of State of the State of Delaware increasing the authorized number of shares of its common stock from 98.5 million to 250 million shares. The filing of the amendment was approved by the Finance Committee of the Company's Board of Directors on October 22, 2008 and will become effective prior to closing the Cephalon Transaction.





Item 7.01 Regulation FD Disclosure.
On October 24, 2008, the Company issued a press release announcing that it had entered into the Cephalon Transaction and received an exception from the NASDAQ stockholder approval rules pursuant to the financial viability exception set forth in NASDAQ Marketplace Rule 4350(i). A copy of the press release is being furnished as Exhibit 99.1 to this Report on Form 8-K.

This Item 7.01, including Exhibit 99.1 attached hereto, is intended to be furnished and shall not be deemed "filed" for purposes of Section 18 of the Securities Exchange Act of 1934 (the "Exchange Act") or otherwise subject to the liabilities of that section, nor shall it be deemed incorporated by reference in any filing under the Securities Act of 1933 or the Exchange Act, except as expressly set forth by specific reference in such filing.





Item 8.01 Other Events.
In connection with the Cephalon Transaction, the Company requested and received from the NASDAQ Listing Qualifications Department an exception from the NASDAQ stockholder approval rules pursuant to the "financial viability exception" set forth in NASDAQ Marketplace Rule 4350. Absent this exception, NASDAQ marketplace rules would have required shareholder approval prior to issuance of the senior secured convertible note. In order to obtain this exception, the Company was required to demonstrate to NASDAQ that the delay associated with the effort to secure stockholder approval would have seriously jeopardized the Company's financial viability. As also required by NASDAQ, on October 15, 2008, the Audit Committee of the Company's Board of Directors expressly approved the Company's reliance on this exception. A notice to shareholders regarding the Company's reliance on the financial viability exception



--------------------------------------------------------------------------------

was mailed on October 24, 2008 in accordance with NASDAQ marketplace rules. Under these rules, the Cephalon Transaction can be consummated no earlier than ten days after this date.





Item 9.01 Financial Statements and Exhibits.
(d) Exhibits


Exhibit No. Exhibit
10.1*# Note Purchase Agreement by and between Acusphere, Inc. and
Cephalon, Inc. dated as of October 24, 2008
10.2* Form of Senior Convertible Note of Acusphere, Inc. issued to
Cephalon, Inc.
10.3* Form of Pledge and Security Agreement by and between Acusphere, Inc.
and Cephalon, Inc.
10.4* Form of Registration Rights Agreement by and between Acusphere, Inc.
and Cephalon, Inc.
10.5*# Form of License Agreement by and between Acusphere, Inc. and
Cephalon, Inc.
99.1 Press Release dated October 24, 2008






--------------------------------------------------------------------------------

* Filed herewith
# Confidential treatment has been requested for certain portions of this document. Such provisions have been filed separately with the Commission.



--------------------------------------------------------------------------------



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Some may find this somewhat off topic:

Hello erbse24448, Great graphic and I am completely envious of those that know how to put those graphic pieces together.

Some may find this somewhat off topic, and I have debated posting this over here, but I thought it on topic enough that I will post it.

First, I am not in Cor at the moment, though I likely would have tried to grab some on that .41 dip if I had seen it and was fast enough.

I have been buying a company, symbol ACUS, over the last 3 months, many 10's of thousands of shares. I posted about them here once, maybe twice, and then responded to requests about what stocks I found interesting by pm only since then, as I didn't want to appear like I was touting ACUS. Some regulars on this board have been nice enough to contribute over on the ACUS board and I would like to thank them again.

They have a drug candidate, Imagify, that has been through Phase I, II, and III, had its NDA approved by the FDA, with a pdufa date of 2/29/09, and then, unexpectedly, even got an FDA advisory panel meeting granted for Dec 10th, 2008, roughly 7 weeks away.

Imagify is a replacement/substitute for the radioactive solution that is currently pumped into our veins to look for cardiac problems. It is non-radioactive and is used with ultrasound.

Zach's Investment Research follows ACUS and as recently as Oct 14th stated, "Imagify is a billion dollar drug if approved." They had been giving it a 60/40 chance of getting through the FDA, but seemed to like their chances more since being granted the Advisory Panel meeting, as those folks, in the opinion of Zach's would be more likely to see the advantages of Imagify then perhaps a more uniformed final FDA panel. (I paraphrased that last part, but that is the way I read the updates.)

So there is ACUS, 6-7 or so weeks away from an FDA panel, 46 million shares out, with a billion dollar drug candidate. The trouble was, that they only had 4.1 million dollars at the end of September. They were running out of cash.

They announced a deal late Friday, after 9pm, with Cephalon. They get 5 million for a different drug candidates rights, and a 15 million dollar note, (loan.) Should be enough cash to get them through the Advisory panel, and hopefully the FDA pdufa date.

Here are the kickers, should Imagify pass the FDA, Cephalon gets ALL RIGHTS to Imagify except Europe, which had already been sold, for 40 million dollars, plus a Royalty to ACUS that has not been quantifed to the shareholders as yet.

In addition Cephalon could get 51% of ACUS should the stock price fall far enough, which could happen if Imagify is drawn out in the FDA approval process.

Now anyway you slice it, Cephalon got great terms, unless the royalty is through the roof, which is not likely at all imo. There is a conference call in the morning that may or may not disclose the royalty rate.

The big pharmas are holding all the cash cards right now as I can CLEARLY see by the terms of this deal, for a potential blockbuster, only weeks away from an FDA advisory panel meeting.

I believe that those thinking that COR can get great deal in this environment are shooting to high. ACUS needed cash, and got what appears to be a less than stellar deal. Cephalon has near zero risk, for a blockbuster candidate. They only pay the 40 million, plus an undisclosed royalty, if Imagify is approved, and they get all rights that have not been spoken for, (only Europe was spoken for.)

Cor will need cash soon and is many years from the finish line.

ACUS needed cash soon, but the finish line was measured in weeks, not years.

Totally different product lines, but there are some things that are not so different and raising money right now is as hard as it has been in many of our lifetimes.

Just food for thought, I hope COR does great.

Hello Aiming, It sure looks like a great deal for Cephalon as it stands right now. It could look a lot better for acus if the royalty percentage is decent. They were in a corner, so Cephalon had the upper hand for sure, but still acus might make really out well.

I was buying many 10's of thousands of shares over 3 months, thinking that worst case, they could very easily go belly up in the near term. I don't have that fear now, at least not as long as Imagify is alive. Even if the FDA asks for so much more data that Cephalon gets 51%, I am still alive, and not diluted until then. (at least not as I understand it stands now.) Cephalon would then be in a position to get Imagify to the goal without having to constantly worry over acus's ability to come up with cash. Cephalon may decide to buy up the rest of acus on the cheap should Imagify drag out. In any of those worst case plays, current shareholders are still in the game as opposed to what might have been.

This way, we get cash up front, 5 million plus a 15 million dollar loan, without dilution. Still valuing on 46 million shares out. That doesn't sound so bad with with a 40 million dollar payment and decent royalties on Imagify should it pass. They could have easily reverse split us and issued God only knows how many new shares, wiping out maybe 50% in dilution, or more.

Zach's said flat out in their Oct. 14th update that, "Imagify is a billion dollar product if approved."

And that is yearly revenue, so the devil is in the details. ACUS could get paid by Cephalon to produce Imagify as well, keeping that money, "in the family." We need details and I am not that hopeful that the percentage royalty will be released tomorrow, but we will see.

Thanks for posting over here and

Take Care.

GFP, Thanks and I glad you got the pm.

Good lesson here for cor holders imo, as deals right now are hard to come by when funds are running dry, at least this one seemed to be. I have been seeing people over there think that 30 million upfronts are coming and I cringe for them, as I sure haven't been "feeling" it, not that far from a product.

That being said, we were thinking all along that acus had to partner, and they might run out of funds. Cephalon should make a good partner and our funding issues are put behind us for the time being. At least we should get to the Dec 10 date anyway, and the 2/29/09 pdufa date if no major issues arise.

I am wondering what odds that you, or anyone else for that matter, might give on weather or not acus will disclose the royalty % in the conference call tomorrow?

Sure makes it hard to value without it should Imagify get through the FDA. They were up against it, and I was hoping for something in the 20% range, but who knows?

One last thought, what chance, if any, do you think there is in someone making an offer for the company outright? If I read the first paragraph of the press release correctly, the Cephalon deal should close in about 10 days, and does that leave the door open for anyone else? Or is the "definitive agreement" mean door closed?

Thanks again and Take Care.

Thanks for the heads up. I can check out the manufacturer site and check on x64 drivers. Often they are not included on the retail disk, but are aval. on the website.

Thanks again.

Hello Rockjohny,

I am actually looking for just such a TV type card. I run an ATI MV2400 quad card for stock monitoring. It is only really good for 2D stuff and runs in a pci x1 slot.

I still have an x16 slot open and have been thinking about a TV type card for that slot. It would need to have drivers for Win XP x64. I do not use the machine for any games.

Any ideas or thoughts are appreciated. I run cable TV, and can get an extra box if needed, but would rather not, if the card would run without the extra cable box.

Take Care.

Hello Keithhpkns, I am completely drained tonight, long story, and was on my way to bed when I read the the PR.

I asked for some opinions from some much more seasoned in the kind of language used in this type of press release. So hopefully the next time I get on line it will become a little clearer.

One thing about Cephalon is that they are suppose to always act in the best interests of their shareholders. And the way I see it now it is not at all what we hoped for, but we have some financing and a lot to learn in the conference call.

I will be interested to see Zach's take on it as well.

good night.

Acusphere Announces Signing of a Definitive Agreement with Cephalon

Dew, I was wondering if you might have an idea what a "normal" royalty rate might be for a product like Imagify? ACUS is getting 20 million up front to get them through the 2/29/08 pdufa date, and if Imagify is approved they are getting 40 million plus a royalty on net sales. There is no definition of what that royalty might be, and I am curious as I own a bunch of stock. Any help appreciated, and I know you don't follow ACUS closely, but thought you might toss out a guess. In Zach's latest blurb on Imagify and ACUS they stated that Imagify is a billion dollar product if approved.

http://biz.yahoo.com/bw/081024/20081024005896.html?.v=1

Acusphere Announces Signing of a Definitive Agreement with Cephalon
Friday October 24, 9:18 pm ET


WATERTOWN, Mass.--(BUSINESS WIRE)--Acusphere, Inc. (NASDAQ:ACUS - News) today announced the signing of a definitive agreement with Cephalon, Inc. to provide $20 million in upfront financing by purchasing a $15 million senior secured convertible note and by paying a $5 million upfront fee for an exclusive worldwide license to AI-525, a preclinical-stage injectable formulation of celecoxib using Acusphere’s proprietary Hydrophobic Drug Delivery System (HDDS™) technology. The transaction is expected to close in approximately 10 days.
ADVERTISEMENT


The $15 million senior secured convertible note has a three year term and an interest rate of 8%, payable annually, at the option of Acusphere, in cash or shares of common stock. At Cephalon’s option, the note is also convertible any time prior to the first anniversary of the closing date into one of the following: (1) a license for Imagify™ (Perflubutane Polymer Microspheres) for Injectable Suspension, a cardiovascular drug for the detection of coronary artery disease, in all territories other than those previously licensed by Acusphere to Nycomed; (2) a number of shares of Acusphere common stock equal to the outstanding principal and accrued and unpaid interest on the note at the time of conversion, divided by 90% of the average closing price of Acusphere’s common stock for the ten day period prior to the signing date (provided that Cephalon shall receive upon conversion shares of common stock constituting no less than 51% of the fully diluted number of shares of common stock outstanding after giving effect to the conversion); or (3) a $15 million credit against a future milestone payment for approval by the U.S. Food & Drug Administration (FDA) of the initial indication for AI-525.

Sherri C. Oberg, President and CEO of Acusphere, said, “Our transaction with Cephalon accomplishes three important objectives for Acusphere. First, we secure necessary financing to advance Imagify through the FDA review process. Second, it provides us the potential to partner Imagify with Cephalon, whose success has been built on a strategy of marketing high growth, innovative products, building marketing and distribution channels and investing in unique compounds that may change the course of disease. We are pleased that Cephalon considers Imagify as a potential new product that fits this profile. Finally, it represents a significant strategic step for Acusphere as we build on our technology platform and become a multi-product company with Cephalon as a seasoned partner in the pain space pushing forward the development of AI-525 and providing an important choice in post-operative pain relief. We look forward to closing this transaction shortly.”

Under the AI-525 injectable celecoxib license, in addition to the $5 million upfront fee, Cephalon will pay Acusphere an additional $15 million upon FDA approval of the initial indication and a royalty on global net sales.

AI-525 is an injectable formulation of the hydrophobic drug, celecoxib, the active ingredient in Pfizer Inc.’s CELEBREX®, which had revenues of more than $2.3 billion in 2007. CELEBREX® is a non-steroidal anti-inflammatory drug offering both anti-inflammation and pain relief for osteoarthritis and rheumatoid arthritis as well as acute pain, but it is currently available only in oral form. Acusphere believes that a significant unmet need exists for an injectable, non-opioid analgesic in a postoperative setting that not only provides acute pain relief and imparts anti-inflammatory effect, but also has an improved side effect and safety profile versus the currently utilized Toradol® or opioids. Given the large market for postoperative pain relief, Acusphere believes AI-525 is well-positioned to fill this unmet need, especially in partnership with an experienced drug developer and marketer like Cephalon.

The Imagify license would include a $40 million payment to Acusphere upon FDA approval of Imagify and a royalty on net sales. Acusphere submitted the New Drug Application (NDA) for Imagify in April 2008, and FDA accepted the filing in June 2008. An FDA Advisory Committee meeting has been scheduled for December 10, 2008 to review Imagify. Under the Prescription Drug User Fee Act (PDUFA), the anticipated action date for Imagify is February 28, 2009. Acusphere believes that Imagify, if approved, represents a cost-effective, convenient and radiation-free alternative to nuclear stress testing, the current standard for imaging coronary artery disease, the leading cause of death in the U.S.

Prior to the closing of the transaction with Cephalon, and pursuant to the stockholder approval received at Acusphere’s annual meeting of stockholders on June 5, 2008, the Company expects to file an amendment to its certificate of incorporation with the Secretary of State of the State of Delaware increasing the authorized number of shares of its common stock from 98.5 million to 250 million shares. The filing of the amendment was approved by the Finance Committee of the Company's Board of Directors on October 22, 2008.

In addition, Acusphere today announced that NASDAQ has granted its request for an exception to NASDAQ ’s shareholder approval requirements, in accordance with NASDAQ Marketplace Rule 4350(i), which will enable Acusphere to issue the note to Cephalon without stockholder approval. Absent this exception, NASDAQ rules would have required the approval of Acusphere’s stockholders prior to issuance of the Note. To obtain this exception, Acusphere was required to demonstrate to NASDAQ that the delay associated with the effort to secure stockholder approval would have seriously jeopardized its financial viability. As also required by NASDAQ, on October 15, 2008, the Audit Committee of Acusphere’s Board of Directors expressly approved its reliance on this exception, based upon its determination that the current cash position of Acusphere would not permit the Company to continue to operate for the time required for the solicitation of stockholder approval of the issuance of the note to Cephalon. As of September 30, 2008, the Company’s cash position was approximately $4.1 million.

More information about Acusphere’s transaction with Cephalon can be found in Acusphere’s Current Report on Form 8-K, which Acusphere expects to file with the Securities and Exchange Commission on Monday, October 27, 2008.

Conference Call Information

Acusphere plans to hold a conference call with investors on Monday, October 27, 2008, commencing at 11:00 AM (Eastern Time). The conference call will cover this transaction and Acusphere’s business outlook, and will be led by Sherri C. Oberg, President and Chief Executive Officer and Lawrence A. Gyenes, Senior Vice President and Chief Financial Officer. These Acusphere representatives will also be available for investor questions. The conference may be heard live via the investor relations section of the Company's website at www.acusphere.com or by dialing 1-866-700-7441, or internationally 1-617-213-8839 using the confirmation code: 66612612. After the conference call, a replay of the call webcast will be made available via the Company's web site and a telephone replay will be available through November 27, 2008 by dialing 1-888-286-8010, or internationally 1-617-801-6888, using the confirmation code: 27449338.

About Acusphere, Inc.

Acusphere (NASDAQ: ACUS - News) is a specialty pharmaceutical company that develops new drugs and improved formulations of existing drugs using its proprietary microsphere technology. We are focused on developing proprietary drugs that can offer significant benefits such as improved safety and efficacy, increased patient compliance, greater ease of use, expanded indications or reduced cost. Our lead product candidate, ImagifyTM (Perflubutane Polymer Microspheres) for Injectable Suspension, is a cardiovascular drug for the detection of coronary artery disease, the leading cause of death in the United States, for which a New Drug Application (NDA) was submitted to the U.S. Food & Drug Administration (FDA) in April 2008 and filed in June 2008. Imagify is designed to enable ultrasound to compete more effectively with nuclear stress testing, the leading procedure for detecting coronary artery disease. It is estimated that more than 10 million procedures are done each year in the U.S. to detect coronary artery disease, the leading cause of death in the United States. The Company estimates that the potential annual U.S. market opportunity for Imagify exceeds $2 billion. Imagify and the Company's other product candidates were created using proprietary technology that enables Acusphere to control the porosity and size of nanoparticles and microspheres in a versatile manner that allows them to be customized to address the delivery needs of a variety of drugs. For more information about Acusphere visit the Company's web site at www.acusphere.com.

"Acusphere," "Imagify" and “HDDS” are trademarks of Acusphere, Inc.

CELEBREX® is a registered trademark of Pfizer Inc.

Toradol® is a registered trademark of Hoffman-LaRoche Inc.

Forward-looking Statements

The above press release contains forward-looking statements which are made pursuant to the safe harbor provisions of Section 21E of the Securities Exchange Act of 1934, including statements regarding, the efficacy, safety and tolerability of Imagify, the NDA submission for Imagify and likelihood of regulatory approval, the commercial opportunity for Imagify and AI-525, the commercial opportunity for other product candidates and other business development efforts. There can be no assurance that Imagify will be approved for the indication the Company is seeking, or at all. The Company's actual results may differ materially from those anticipated in these forward-looking statements based upon a number of factors, including anticipated operating losses and existing capital obligations, uncertainties associated with research, development, testing and related regulatory approvals, including uncertainties regarding regulatory evaluation of the Company's statistical analysis plan and clinical trial results and uncertainties regarding the potential effects of not achieving clinical endpoints, limited time to date for the Company to review the details of the clinical trial results, future capital needs and uncertainty of additional financing, uncertainties regarding the cost, timing and ultimate success of the qualification of the Company's commercial manufacturing facility in accordance with applicable regulatory requirements, complex manufacturing, high quality requirements, lack of commercial manufacturing experience, dependence on third-party manufacturers, suppliers and collaborators, uncertainties associated with intellectual property, competition, loss of key personnel, uncertainties associated with market acceptance and adequacy of reimbursement, technological change and government regulation, and other risks and challenges detailed in the Company's filings with the U.S. Securities and Exchange Commission, including the Company's Annual Report on Form 10-K for the year ended December 31, 2007 and its Form 10-Q for the quarter ended June 30, 2008. Readers are cautioned not to place undue reliance on any forward-looking statements, which speak only as of the date of this press release. The Company undertakes no obligation to publicly release the results of any revisions to these forward-looking statements that may be made to reflect events or circumstances that occur after the date of this press release or to reflect the occurrence of unanticipated events.



Contact:
Acusphere, Inc.
Lawrence A. Gyenes, 617-648-8800
Chief Financial Officer
or
Investors, 617-925-3444
IR@acusphere.com


--------------------------------------------------------------------------------
Source: Acusphere, Inc.

The Imagify license would include a $40 million payment to Acusphere upon FDA approval of Imagify and a royalty on net sales.

So I wonder what that royalty payment will be should they get approval? Guess we will have to wait until Monday morning at 11am to find out. At least they will get 20 million now to make it through the pdufa date.

Sure wish Sherri had raised more cash last year so as not to have been put in this position, and could have had bidders going up against each other, if approved.

Acusphere Announces Signing of a Definitive Agreement with Cephalon

http://biz.yahoo.com/bw/081024/20081024005896.html?.v=1

Acusphere Announces Signing of a Definitive Agreement with Cephalon
Friday October 24, 9:18 pm ET


WATERTOWN, Mass.--(BUSINESS WIRE)--Acusphere, Inc. (NASDAQ:ACUS - News) today announced the signing of a definitive agreement with Cephalon, Inc. to provide $20 million in upfront financing by purchasing a $15 million senior secured convertible note and by paying a $5 million upfront fee for an exclusive worldwide license to AI-525, a preclinical-stage injectable formulation of celecoxib using Acusphere’s proprietary Hydrophobic Drug Delivery System (HDDS™) technology. The transaction is expected to close in approximately 10 days.
ADVERTISEMENT


The $15 million senior secured convertible note has a three year term and an interest rate of 8%, payable annually, at the option of Acusphere, in cash or shares of common stock. At Cephalon’s option, the note is also convertible any time prior to the first anniversary of the closing date into one of the following: (1) a license for Imagify™ (Perflubutane Polymer Microspheres) for Injectable Suspension, a cardiovascular drug for the detection of coronary artery disease, in all territories other than those previously licensed by Acusphere to Nycomed; (2) a number of shares of Acusphere common stock equal to the outstanding principal and accrued and unpaid interest on the note at the time of conversion, divided by 90% of the average closing price of Acusphere’s common stock for the ten day period prior to the signing date (provided that Cephalon shall receive upon conversion shares of common stock constituting no less than 51% of the fully diluted number of shares of common stock outstanding after giving effect to the conversion); or (3) a $15 million credit against a future milestone payment for approval by the U.S. Food & Drug Administration (FDA) of the initial indication for AI-525.

Sherri C. Oberg, President and CEO of Acusphere, said, “Our transaction with Cephalon accomplishes three important objectives for Acusphere. First, we secure necessary financing to advance Imagify through the FDA review process. Second, it provides us the potential to partner Imagify with Cephalon, whose success has been built on a strategy of marketing high growth, innovative products, building marketing and distribution channels and investing in unique compounds that may change the course of disease. We are pleased that Cephalon considers Imagify as a potential new product that fits this profile. Finally, it represents a significant strategic step for Acusphere as we build on our technology platform and become a multi-product company with Cephalon as a seasoned partner in the pain space pushing forward the development of AI-525 and providing an important choice in post-operative pain relief. We look forward to closing this transaction shortly.”

Under the AI-525 injectable celecoxib license, in addition to the $5 million upfront fee, Cephalon will pay Acusphere an additional $15 million upon FDA approval of the initial indication and a royalty on global net sales.

AI-525 is an injectable formulation of the hydrophobic drug, celecoxib, the active ingredient in Pfizer Inc.’s CELEBREX®, which had revenues of more than $2.3 billion in 2007. CELEBREX® is a non-steroidal anti-inflammatory drug offering both anti-inflammation and pain relief for osteoarthritis and rheumatoid arthritis as well as acute pain, but it is currently available only in oral form. Acusphere believes that a significant unmet need exists for an injectable, non-opioid analgesic in a postoperative setting that not only provides acute pain relief and imparts anti-inflammatory effect, but also has an improved side effect and safety profile versus the currently utilized Toradol® or opioids. Given the large market for postoperative pain relief, Acusphere believes AI-525 is well-positioned to fill this unmet need, especially in partnership with an experienced drug developer and marketer like Cephalon.

The Imagify license would include a $40 million payment to Acusphere upon FDA approval of Imagify and a royalty on net sales. Acusphere submitted the New Drug Application (NDA) for Imagify in April 2008, and FDA accepted the filing in June 2008. An FDA Advisory Committee meeting has been scheduled for December 10, 2008 to review Imagify. Under the Prescription Drug User Fee Act (PDUFA), the anticipated action date for Imagify is February 28, 2009. Acusphere believes that Imagify, if approved, represents a cost-effective, convenient and radiation-free alternative to nuclear stress testing, the current standard for imaging coronary artery disease, the leading cause of death in the U.S.

Prior to the closing of the transaction with Cephalon, and pursuant to the stockholder approval received at Acusphere’s annual meeting of stockholders on June 5, 2008, the Company expects to file an amendment to its certificate of incorporation with the Secretary of State of the State of Delaware increasing the authorized number of shares of its common stock from 98.5 million to 250 million shares. The filing of the amendment was approved by the Finance Committee of the Company's Board of Directors on October 22, 2008.

In addition, Acusphere today announced that NASDAQ has granted its request for an exception to NASDAQ ’s shareholder approval requirements, in accordance with NASDAQ Marketplace Rule 4350(i), which will enable Acusphere to issue the note to Cephalon without stockholder approval. Absent this exception, NASDAQ rules would have required the approval of Acusphere’s stockholders prior to issuance of the Note. To obtain this exception, Acusphere was required to demonstrate to NASDAQ that the delay associated with the effort to secure stockholder approval would have seriously jeopardized its financial viability. As also required by NASDAQ, on October 15, 2008, the Audit Committee of Acusphere’s Board of Directors expressly approved its reliance on this exception, based upon its determination that the current cash position of Acusphere would not permit the Company to continue to operate for the time required for the solicitation of stockholder approval of the issuance of the note to Cephalon. As of September 30, 2008, the Company’s cash position was approximately $4.1 million.

More information about Acusphere’s transaction with Cephalon can be found in Acusphere’s Current Report on Form 8-K, which Acusphere expects to file with the Securities and Exchange Commission on Monday, October 27, 2008.

Conference Call Information

Acusphere plans to hold a conference call with investors on Monday, October 27, 2008, commencing at 11:00 AM (Eastern Time). The conference call will cover this transaction and Acusphere’s business outlook, and will be led by Sherri C. Oberg, President and Chief Executive Officer and Lawrence A. Gyenes, Senior Vice President and Chief Financial Officer. These Acusphere representatives will also be available for investor questions. The conference may be heard live via the investor relations section of the Company's website at www.acusphere.com or by dialing 1-866-700-7441, or internationally 1-617-213-8839 using the confirmation code: 66612612. After the conference call, a replay of the call webcast will be made available via the Company's web site and a telephone replay will be available through November 27, 2008 by dialing 1-888-286-8010, or internationally 1-617-801-6888, using the confirmation code: 27449338.

About Acusphere, Inc.

Acusphere (NASDAQ: ACUS - News) is a specialty pharmaceutical company that develops new drugs and improved formulations of existing drugs using its proprietary microsphere technology. We are focused on developing proprietary drugs that can offer significant benefits such as improved safety and efficacy, increased patient compliance, greater ease of use, expanded indications or reduced cost. Our lead product candidate, ImagifyTM (Perflubutane Polymer Microspheres) for Injectable Suspension, is a cardiovascular drug for the detection of coronary artery disease, the leading cause of death in the United States, for which a New Drug Application (NDA) was submitted to the U.S. Food & Drug Administration (FDA) in April 2008 and filed in June 2008. Imagify is designed to enable ultrasound to compete more effectively with nuclear stress testing, the leading procedure for detecting coronary artery disease. It is estimated that more than 10 million procedures are done each year in the U.S. to detect coronary artery disease, the leading cause of death in the United States. The Company estimates that the potential annual U.S. market opportunity for Imagify exceeds $2 billion. Imagify and the Company's other product candidates were created using proprietary technology that enables Acusphere to control the porosity and size of nanoparticles and microspheres in a versatile manner that allows them to be customized to address the delivery needs of a variety of drugs. For more information about Acusphere visit the Company's web site at www.acusphere.com.

"Acusphere," "Imagify" and “HDDS” are trademarks of Acusphere, Inc.

CELEBREX® is a registered trademark of Pfizer Inc.

Toradol® is a registered trademark of Hoffman-LaRoche Inc.

Forward-looking Statements

The above press release contains forward-looking statements which are made pursuant to the safe harbor provisions of Section 21E of the Securities Exchange Act of 1934, including statements regarding, the efficacy, safety and tolerability of Imagify, the NDA submission for Imagify and likelihood of regulatory approval, the commercial opportunity for Imagify and AI-525, the commercial opportunity for other product candidates and other business development efforts. There can be no assurance that Imagify will be approved for the indication the Company is seeking, or at all. The Company's actual results may differ materially from those anticipated in these forward-looking statements based upon a number of factors, including anticipated operating losses and existing capital obligations, uncertainties associated with research, development, testing and related regulatory approvals, including uncertainties regarding regulatory evaluation of the Company's statistical analysis plan and clinical trial results and uncertainties regarding the potential effects of not achieving clinical endpoints, limited time to date for the Company to review the details of the clinical trial results, future capital needs and uncertainty of additional financing, uncertainties regarding the cost, timing and ultimate success of the qualification of the Company's commercial manufacturing facility in accordance with applicable regulatory requirements, complex manufacturing, high quality requirements, lack of commercial manufacturing experience, dependence on third-party manufacturers, suppliers and collaborators, uncertainties associated with intellectual property, competition, loss of key personnel, uncertainties associated with market acceptance and adequacy of reimbursement, technological change and government regulation, and other risks and challenges detailed in the Company's filings with the U.S. Securities and Exchange Commission, including the Company's Annual Report on Form 10-K for the year ended December 31, 2007 and its Form 10-Q for the quarter ended June 30, 2008. Readers are cautioned not to place undue reliance on any forward-looking statements, which speak only as of the date of this press release. The Company undertakes no obligation to publicly release the results of any revisions to these forward-looking statements that may be made to reflect events or circumstances that occur after the date of this press release or to reflect the occurrence of unanticipated events.



Contact:
Acusphere, Inc.
Lawrence A. Gyenes, 617-648-8800
Chief Financial Officer
or
Investors, 617-925-3444
IR@acusphere.com


--------------------------------------------------------------------------------
Source: Acusphere, Inc.

OT- "The ability of an MS drug to promote brain repair is unprecedented,"

http://news.yahoo.com/s/afp/20081023/ts_afp/britainscienceresearch

Leukaemia drug can halt, reverse MS

Technorati Yahoo! Bookmarks Print by Alice Ritchie Alice Ritchie – Thu Oct 23, 5:26 am ET Play Video AP – Breakthrough multiple sclerosis treatment?

AFP/DDP/File – Researchers at the University of Cambridge said they have found that alemtuzumab, a drug originally developed … LONDON (AFP) – Researchers at the University of Cambridge said Thursday they have found that a drug originally developed to treat leukaemia can halt and even reverse the debilitating effects of multiple sclerosis (MS).

In trials, alemtuzumab reduced the number of attacks in sufferers and also helped them recover lost functions, apparently allowing damaged brain tissue to repair so that individuals were less disabled than at the start of the study.

"The ability of an MS drug to promote brain repair is unprecedented," said Dr Alasdair Coles, a lecturer at Cambridge university's department of clinical neurosciences, who coordinated many aspects of the study.

"We are witnessing a drug which, if given early enough, might effectively stop the advancement of the disease and also restore lost function by promoting repair of the damaged brain tissue."

The MS Society, Britain's largest support charity for those affected by the condition, said it was "delighted" at the trial's results, which must be followed up with more research before the drug can be licensed.

"This is the first drug that has shown the potential to halt and even reverse the debilitating effects of MS and this news will rightly bring hope to people living with the condition day in, day out," said head of research Lee Dunster.

MS is an auto-immune disease that affects millions of people worldwide, including almost 100,000 in Britain and 400,000 in the United States.

It is caused by the body's immune system attacking nerve fibres in the central nervous system, and can lead to loss of sight and mobility, depression, fatigue and cognitive problems. There is no cure, and few effective treatments.

In the trial, 334 patients diagnosed with early-stage relapsing-remitting MS who had not previously been treated were given alemtuzumab or interferon beta-1a, one of the most effective licensed therapies for similar MS cases.

After three years, alemtuzumab was found to reduce the number of attacks the patients suffered by 74 percent over the other treatment, and reduce the risk of sustained accumulation of disability by 71 percent over interferon beta-1a.

Many individuals who took alemtuzumab also recovered some of their lost functions, becoming less disabled by the end, while the disabilities of the other patients worsened, the study in the New England Journal of Medicine said.

Alastair Compston, professor of neurology and head of the clinical neurosciences department at Cambridge, said alemtuzumab was the "most promising" experimental drug for the treatment of MS.

He expressed hope that further trials "will confirm that it can both stabilise and allow some recovery of what had previously been assumed to be irreversible disabilities".

Alemtuzumab was developed in Cambridge and has been licensed for the treatment of chronic lymphocytic leukaemia.

Is anyone else having trouble with XP's latest critical service patch?

Issue 1.

On my wireless laptop last night, as soon as I downloaded the patch and rebooted, my intel wireless pro icon went clear, from a normal operating green, and when I put my cursor over it, it said that a different program was controlling the intel wireless adapter. If I hadn't just downloaded the patch, I would have been more concerned. It got on-line fine, and the next time I booted, the normal green intel wireless icon appeared.


Issue II.

This morning when I got on my main machine, a 4 monitor trading machine running win xp64, I got on line fine like I do every day. Then the patch downloaded from automatic updates and I choose to install it. Immediately I could not get on-line. I repaired the connection from control panel/networking, and I got on once, albeit a slow broken up connection.

I rebooted a second time, and could not get on again, including the windows update site.

I did a complete system restore from yesterday, rebooted and my machine is flying once again.

Is anyone else having these problems? I had some xp issues with service pack III on one of my 5 machines, but nothing like this from a critical update, ever.

Does anyone know what this update is supposed to address? I am guessing it messes with the internet connection somehow, but I am not current with what microsoft is up to.

Thanks for any help.

Thanks keithhpkns, The 900,000+ shares traded today was the most since July 1st.

Yahoo shows 799,000+ shares traded at 2:30, and then 200 shares traded at 2:31.

Google shows the 799,000+ shares traded at 2:32.

I guess because the yahoo chart showed the 200 share trade just a minute after the 799,000+, I assumed it was either a bunch of large trades within a minute of each other, or one large block.

I used to use a program called Livewire Professional that would capture each trade/tick, with a couple week history for a couple thousand stocks. I miss that program, but it was DOS based, and it stopped working with reasonably priced data feeds.

I thought I could get the history from yahoo, for one day, but I can't seem to find it.

Thanks again, and I think I will look around a little as I am curious as to that large volume in such a short time frame.

Thanks keithhpkns, I wonder who purchased the 799,000 shares traded at 2:32 this afternoon?

I didn't see the actual trade go by, and I am only now seeing it in today's chart. Largest block I remember in acus. (if it was all one trade and not several smaller ones all at that time.)

Do you have easy access to trade by trade volume today?

Take Care.

Hello burne420, ACUS may run up some into the Dec 10th meeting with the FDA panel, and if they recommend it, then it could really fly as some serious money should begin to flow into acus, in anticipation of the formal pdufa date of 2/29/09.

It's hard to find real stocks with a hard FDA meeting date only weeks away, that have already been through Phase, I, II, and III, had their NDA approved by the FDA, for a 2 BILLION dollar market, with 46 million shares out, and trading at .60 cents.

Zach's Investment Research said in their Oct, 14th update, Imagify is a billion-dollar product if approved.

If the FDA advisory panel doesn't recommend it, well then it's lights out, or nearly, as acus would be running on fumes and would need to raise funds asap. (with approval they would still need funds asap, but raising them would be on much better terms, obviously)

As Zach's says, "We view the name as a biotech call option."

GLTU.

Acusphere High Risk, High Reward

+++here is the free version+++++

http://www.zacks.com/stock/news/15222/Acusphere+High+Risk,+High+Reward

Acusphere High Risk, High Reward

Posted Tue Oct 14, 11:02 am ET
Posted By: Jason Napodano, CFA

Acusphere, Inc.’s (ACUS) Imagify is an investigational new drug developed to assess perfusion using ultrasound for the detection of coronary artery disease. Imagify is a billion-dollar product if approved. However, an abysmal stock price and a desperate need for cash have backed management somewhat into a corner. Acusphere remains a highly speculative play. We view the name as a biotech call option.

Acusphere will need to raise cash before the U.S. PDUFA date of February 28, 2009. This will come from either signing a U.S. partnership or dilutive stock offering. The FDA has scheduled an advisory panel meeting to discuss and review Imagify on December 10. We view this as very good news for Acusphere as it not only improves the odds of approval, but also moves forward a significant catalyst for the shares and could allow management to secure much need financing before the need to dilute shareholders with a big offering or split the stock.

If we apply a 20x multiple to our 2012 EPS estimate of $1.46, and then discount back to present day at the aggressive rate of 40% to account for the 60/40 odds of approval we arrive at a fair-value of $5. At $0.39 per share, the upside is enormous. The downside is bankruptcy. Our Buy call remains extremely speculative and for high risk tolerant investors only.

Read the full analyst report on ACUS

Thanks for the update keithpkns. I really could not remember any time frames for advisory panel recommendations, so the 1 week time frame would be encouraging.

I am pulling for an early Christmas present, but willing to accept little to nothing in the chance to get it. Love the risk/reward ratio as I now see it. Lots of risk for sure. I have a very large, for me, position in acus right now.

They need to get their funding squared away asap or the current price will have been the present! I wonder where the price would be if they had their funding in place now? 1, 2, 4, or maybe Zacks Investment Research's 5.00????

Hope springs eternal that they do the right thing for their 70+ employees, their shareholders, all those still getting radioactive solutions pumped into their veins......

I mean upper management already did take a pay cut to extend their cash.

Take Care.

December 10th is approaching fast. A 2 Billion Dollar marketplace is up for a serious competitor if successful. They need to take care of their funding needs soon, then I would guess that we would really see some upward movement as the date approaches. But I'll take the nearly 66% rise in the last 2 sessions as a start

Take Care.

Hello Anthony, I am not an expert but this, and all other, NDA's that I am aware of, goes before a FDA Advisory Committee, which makes a recommendation to the FDA panel that actually issues its verdict.

I think it used to be pretty much a slam dunk that the FDA panel followed the FDA advisory committee, but not any more. We can thank Viox and others for final verdicts being much harder in the industry of late.

Still, my guess would be that should the Advisory Committee recommend Imagify, the share price goes somewhat skyward as the odds of imagify getting approved would be looked at in a much more favorable light, as investors looked at the potential of the 2 BILLION dollar market Imagify would compete in.

I am not sure of what time frame, from the Dec. 10th meeting, can be considered "normal" for the advisory committee to either recommend, or not recommend, but I would be very interested to hear what others had to say on that subject.

Take Care.

Acusphere's Imagify(TM) to be Reviewed at FDA Advisory Committee Meeting on December 10, 2008

Monday October 13, 8:00 am ET

Press Release
http://biz.yahoo.com/bw/081013/20081013005327.html?.v=1


WATERTOWN, Mass.--(BUSINESS WIRE)--Acusphere, Inc. (NASDAQ: ACUS - News) announced today that the Food and Drug Administration (FDA) has published a Federal Register Notice on the FDA website (www.fda.gov/cder/audiences/acspage/meetings/cvrac_20081210.htm) of a planned public meeting of the Cardiovascular and Renal Drugs Advisory Committee on December 10, 2008. On the agenda for that meeting will be a review of Acusphere’s lead product candidate, Imagify™ (Perflubutane Polymer Microspheres) for Injectable Suspension, proposed for use as an ultrasound imaging agent indicated for patients with stable chest pain being evaluated for inducible ischemia for the detection of coronary artery disease based on assessment of myocardial perfusion and wall motion.


“We are excited about this opportunity to present the case for Imagify’s approval by FDA. We believe that there is a significant public health need for a cost-effective, convenient and radiation-free alternative to the 7 million nuclear stress tests done each year in the U.S. to detect coronary artery disease, the leading cause death in the U.S. We hope that the Advisory Committee and FDA will agree with our view that Imagify meets that need,” said Sherri C. Oberg, President and CEO of Acusphere.

The Imagify briefing package prepared by the Company will focus on the safety, efficacy and risk-benefits of the procedure. In addition, FDA will prepare briefing materials for the advisory committee. It is the usual practice of FDA to post both the sponsor’s and the agency’s publicly available briefing materials on the FDA website (www.fda.gov/ohrms/dockets/ac/acmenu.htm) no later than two full business days before the committee meeting.

About Acusphere, Inc.

Acusphere (NASDAQ: ACUS - News) is a specialty pharmaceutical company that develops new drugs and improved formulations of existing drugs using its proprietary microsphere technology. We are focused on developing proprietary drugs that can offer significant benefits such as improved safety and efficacy, increased patient compliance, greater ease of use, expanded indications or reduced cost. Our lead product candidate, ImagifyTM (Perflubutane Polymer Microspheres) for Injectable Suspension, is a cardiovascular drug for the detection of coronary artery disease, the leading cause of death in the United States, for which a New Drug Application (NDA) was submitted to the U.S. Food & Drug Administration (FDA) in April 2008 and filed in June 2008. Imagify is designed to enable ultrasound to compete more effectively with nuclear stress testing, the leading procedure for detecting coronary artery disease. It is estimated that more than 10 million procedures are done each year in the U.S. to detect coronary artery disease, the leading cause of death in the United States. The Company estimates that the potential annual U.S. market opportunity for Imagify exceeds $2 billion. Imagify and the Company's other product candidates were created using proprietary technology that enables Acusphere to control the porosity and size of nanoparticles and microspheres in a versatile manner that allows them to be customized to address the delivery needs of a variety of drugs. For more information about Acusphere visit the Company's web site at www.acusphere.com. "Acusphere" and "Imagify" are trademarks of Acusphere, Inc.

Forward-looking Statements

The above press release contains forward-looking statements which are made pursuant to the safe harbor provisions of Section 21E of the Securities Exchange Act of 1934, including statements regarding, the efficacy, safety and tolerability of Imagify, the NDA submission for Imagify and likelihood of regulatory approval, the commercial opportunity for Imagify, manufacturing qualification, the commercial opportunity for other product candidate and other business development efforts.. There can be no assurance that Imagify will be approved for the indication the Company is seeking, or at all. The Company's actual results may differ materially from those anticipated in these forward-looking statements based upon a number of factors, including anticipated operating losses and existing capital obligations, uncertainties associated with research, development, testing and related regulatory approvals, including uncertainties regarding regulatory evaluation of the Company's statistical analysis plan and clinical trial results and uncertainties regarding the potential effects of not achieving clinical endpoints, limited time to date for the Company to review the details of the clinical trial results, future capital needs and uncertainty of additional financing, uncertainties regarding the cost, timing and ultimate success of the qualification of the Company's commercial manufacturing facility in accordance with applicable regulatory requirements, complex manufacturing, high quality requirements, lack of commercial manufacturing experience, dependence on third-party manufacturers, suppliers and collaborators, uncertainties associated with intellectual property, competition, loss of key personnel, uncertainties associated with market acceptance and adequacy of reimbursement, technological change and government regulation, and other risks and challenges detailed in the Company's filings with the U.S. Securities and Exchange Commission, including the Company's Annual Report on Form 10-K for the year ended December 31, 2007 and its Form 10-Q for the quarter ended June 30, 2008. Readers are cautioned not to place undue reliance on any forward-looking statements, which speak only as of the date of this press release. The Company undertakes no obligation to publicly release the results of any revisions to these forward-looking statements that may be made to reflect events or circumstances that occur after the date of this press release or to reflect the occurrence of unanticipated events.





Contact:
Acusphere, Inc.
Lawrence A. Gyenes, 617-648-8800
IR@acusphere.com

--------------------------------------------------------------------------------
Source: Acusphere, Inc.

Hello catty, I don't have any right now and haven't for some time, but I am thinking about it at these depressed levels! Problem is, EVERYTHING seems depressed right now...

Take Care.

Almost anything, other than needing cash in this environment, should give it a boost. Looks like panic selling to me. Dow at 8143, NASDAQ at 1569.

Take Care.

Recent Biotech Buyouts at a Large Premium

Hello Aiming4, Dew was kind enough to point me to his most recent list of Bio buyouts, dated Oct. 6, 2008.

http://investorshub.advfn.com/boards/read_msg.aspx?message_id=32662885

Take Care.

Hello asu,

Do you really have an order in to sell all your shares for 2.00?

I mean if a deal were to be done, and the stock opens at 3.00, your shares will have already been sold out from under you. Are you sure this is the route you want after all this time?

Maybe part of it, but cor can change rapidly and has a long history of doing so. It would be a shame to get caught like that.

Just a thought.

Take Care, and think 1.99

Morning laddadg, Many brokers will let you trade .000x in any stock that the market maker allows it in. I do it all the time using level II to see what the current bid is, and then bumping it by just a hair to see if my order will get filled as soon as someone sells their stock at market, or if they scoop up my money using their Level II to unload their shares.

The money makers will often trade it out ahead of me for an extra .0001, .0004, or whatever, never showing on my Level II, which is frustrating. It is kind of like a cat and mouse game, but often my orders are filled that way and fact right now I have a pretty good sized position in a stock that maybe 50% of my position was built that way over a couple months+ of dollar cost averaging. Several days my buys were at the exact low of the day!

One other note is that a lot of brokers get paid for order flow, or sending their orders to a certain clearing agent. This is not in an investors best interest, imo, as the brokers keep the difference, rather than pass those savings on to us. In the case of fractional pennies, if your order goes in at .93, and the trade clears at .9289, you would be charged .93, your confirmation would read .93, and the brokerage house would keep the .0011. All in days work

These fees/procedures are all disclosed to us in the fine print of our sign up brokerage forms, or attachments, but few read them, not unlike the little page of warnings that will hopefully one day come attached to our ampakine prescriptions

With brokers, it is not only about execution price and speed, but also about payment for order flow, and passing the "BEST" price on to the investors.

Barron's does an excellent review on broker's once a year, and have been doing so for many years. It offers an, imo, relatively unbiased place to compare what brokers are currently doing, how they get paid, how they execute orders, and if investors are really getting the BEST price for their purchased securities. (Though I am sure Barron's must also watch out that they don't tick off any of their advertisers in the study...)

http://online.barrons.com/article/SB120554254483438485.html

Anyway, GLTU in cor.

Take Care.

One of the competitor's for this space is bpax, who have been developing a "Female Viagra" for some time, and have received positive write ups. There is a board on Ihub if interested.

Take Care.

Hello Anthony, Do you see news on ACUS?

It has spiked up 22% on 181,000 shares. (+.08)

I don't see anything yet.

Take Care.

BUYINS.NET: CC, LCC, SOL, BPAX, CRMT, HWCC Have Been Removed From Naked Short List Today
Mon. September 29, 2008; Posted: 04:08 AM

http://www.tradingmarkets.com/.site/news/Stock%20News/1907191/


Sep 29, 2008 (M2 PRESSWIRE via COMTEX) -- LCC | Quote | Chart | News | PowerRating -- BUYINS.NET, www.buyins.net, announced today that these select companies have been removed from the NASDAQ, AMEX and NYSE naked short threshold list: Circuit City Stores Inc. (NYSE: CC), US Airways Group Inc. (NYSE: LCC), ReneSola Ltd (NYSE: SOL), Biosante Pharmaceuticals Inc. (NASDAQ: BPAX), America's CarMart Inc (NASDAQ: CRMT), Houston Wire & Cable Company (NASDAQ: HWCC). For a complete list of companies on the naked short list please visit our web site. To find the SqueezeTrigger Price before a short squeeze starts in any stock, go to www.buyins.net.
Circuit City Stores Inc. (NYSE: CC | Quote | Chart | News | PowerRating) operates as a specialty retailer of consumer electronics, home office products, entertainment software, and related services. It sells brand-name and private-label consumer electronics, personal computers, entertainment software, and related services through its stores in the United States and via Web sites, www.circuitcity.com and www.firedog.com. As of February 29, 2008, Circuit City operated 682 superstores and 11 other stores in 158 U.S. media markets. The company also offers private-label and brand-name consumer electronic products in Canada. It conducted business through 779 retail stores and dealer outlets, which consisted of 502 company-owned stores and 277 dealer outlets, as well as operated a Web site, www.thesource.ca. The company was founded in 1949 and is headquartered in Richmond, Virginia. With 168.51 million shares outstanding and 29.51 million shares declared short as of September 2008, there is no longer a failure to deliver in shares of CC. According to quarterly data provided by the SEC, there were still 3,640,652 shares of CC that were failing-to-deliver as of March 24, 2008.

US Airways Group Inc. (NYSE: LCC | Quote | Chart | News | PowerRating) provides air transportation for passengers and cargo. It operates approximately 3,800 flights daily to 230 communities in the continental United States, Hawaii, Alaska, Canada, the Caribbean, Latin America, and Europe. As of December 31, 2007, the company operated 356 mainline jets supported by its regional airline subsidiaries and affiliates operating as US Airways Express, which operate approximately 232 regional jets and 104 turboprops. US Airways Group operates a hub-and-spoke network with hubs in Charlotte, Philadelphia, and Phoenix; and secondary hubs/focus cities in Las Vegas, New York, Washington, D.C., and Boston. The company was founded in 1981 and is headquartered in Tempe, Arizona. With 92.17 million shares outstanding and 16.22 million shares declared short as of September 2008, there is no longer a failure to deliver in shares of LCC. According to quarterly data provided by the SEC, there were still 6,499,274 shares of LCC that were failing-to-deliver as of February 16, 2007.

ReneSola Ltd (NYSE: SOL | Quote | Chart | News | PowerRating) along with its subsidiaries, engages in the development, manufacture, and sale of solar wafers and related products in the People's Republic of China. It offers silicon ingots and solar wafers, which are processed from silicon raw materials, including reclaimable silicon raw materials, in the form of partially-processed and broken wafers, broken solar cells, pot scrap, silicon powder, ingot tops and tails, and other off-cuts. The company offers solar wafers, which are thin sheets of crystalline silicon material primarily made by slicing monocrystalline or multicrystalline ingots. Its products are used in the production of solar cells. The company sells solar wafers primarily to solar cell and module manufacturers. ReneSola was founded in 2003 and is based in Jiashan, China. With 50 million shares outstanding and 2.99 million shares declared short as of September 2008, there is no longer a failure to deliver in shares of SOL. According to quarterly data provided by the SEC, there were still 940,912 shares of SOL that were failing-to-deliver as of April 25, 2008.

Biosante Pharmaceuticals Inc. (NASDAQ: BPAX | Quote | Chart | News | PowerRating) a biopharmaceutical company, develops hormone therapy products to treat men and women. The company also engages in developing its proprietary calcium phosphate nanotechnology (CaP) primarily for aesthetic medicine, novel vaccines, and drug delivery. Its hormone therapy products include LibiGel, a transdermal testosterone gel, which is in Phase III development for the treatment of female sexual dysfunction; Elestrin, a transdermal estradiol gel for the treatment of menopausal symptoms in women; Bio-T-Gel, a transdermal testosterone gel for the treatment of hypogonadism or testosterone deficiency in men; and The Pill-Plus for the treatment of female sexual dysfunction in women using oral or transdermal contraceptives. The company's CaP products in development comprise BioLook, which is facial line filler in development using proprietary CaP technology in the area of aesthetic medicine; BioVant for the treatment of viral and bacterial infections and autoimmune diseases; BioOral, a delivery system using CaP technology for oral/buccal/intranasal administration of proteins and other therapies; and BioAir, a delivery system using CaP technology for inhalable versions of proteins and other therapies. The company was founded in 1996 and is based in Lincolnshire, Illinois. With 27.04 million shares outstanding and 632,900 shares declared short as of September 2008, there is no longer a failure to deliver in shares of BPAX. According to quarterly data provided by the SEC, there were still 241,161 shares of BPAX that were failing-to-deliver as of August 13, 2007.

America's CarMart Inc (NASDAQ: CRMT | Quote | Chart | News | PowerRating) through its subsidiaries, operates as an automotive retailer in the United States. The company focuses on the buy here/pay here segment of the used car market. It primarily sells older model used cars, as well as various trucks and sport utility vehicles; and provides financing for its customers. As of April 30, 2008, the company operated 91 stores located primarily in small cities in the South-Central United States. It purchases vehicles principally through wholesalers, new car dealers, individuals, and from auctions. The company was founded in 1981 and is headquartered in Bentonville, Arkansas. With 11.78 million shares outstanding and 2.74 million shares declared short as of September 2008, there is no longer a failure to deliver in shares of CRMT. According to quarterly data provided by the SEC, there were still 121,089 shares of CRMT that were failing-to-deliver as of September 14, 2006.

Houston Wire & Cable Company (NASDAQ: HWCC | Quote | Chart | News | PowerRating) through its subsidiaries, distributes specialty wire and cable products in the United States. It offers continuous and interlocked armor cables, control and power cables, electronic wire and cables, flexible and portable cords, instrumentation and thermocouple cables, lead and high temperature cables, medium voltage cables, and premise and category wire and cables. The company also provides private branded products, which include LifeGuard, DataGuard, and Houwire cables. It serves communications, energy, engineering and construction, general manufacturing, infrastructure, petrochemical, transportation, utility and wastewater treatment industries. Houston Wire & Cable Company was founded in 1975 and is headquartered in Houston, Texas. With 17.7 million shares outstanding and 2.71 million shares declared short as of September 2008, there is no longer a failure to deliver in shares of HWCC. According to quarterly data provided by the SEC, there were still 388,604 shares of HWCC that were failing-to-deliver as of February 4, 2008.

About BUYINS.NET

WWW.BUYINS.NET is a service designed to help bonafide shareholders of publicly traded US companies fight naked short selling. Naked short selling is the illegal act of short selling a stock when no affirmative determination has been made to locate shares of the stock to hypothecate in connection with the short sale. Buyins.net has built a proprietary database that uses Threshold list feeds from NASDAQ, AMEX and NYSE to generate detailed and useful information to combat the naked short selling problem. For the first time, actual trade by trade data is available to the public that shows the attempted size, actual size, price and average value of short sales in stocks that have been shorted and naked shorted. This information is valuable in determining the precise point at which short sellers go out-of-the-money and start losing on their short and naked short trades.

BUYINS.NET has built a massive database that collects, analyzes and publishes a proprietary SqueezeTrigger for each stock that has been shorted, www.buyins.net/squeezetrigger.pdf. The SqueezeTrigger database of nearly 2,150,000,000 short sale transactions goes back to January 1, 2005, and calculates the exact price at which the Total Short Interest is short in each stock. This data was never before available prior to January 1, 2005, because the Self Regulatory Organizations (primary exchanges) guarded it aggressively. After the SEC passed Regulation SHO, exchanges were forced to allow data processors like Buyins.net to access the data.

The SqueezeTrigger database collects individual short trade data on over 7,000 NYSE, AMEX and NASDAQ stocks and general short trade data on nearly 8,000 OTCBB and PINKSHEET stocks. Each month the database grows by approximately 50,000,000 short sale transactions and provides investors with the knowledge necessary to time when to buy and sell stocks with outstanding short positions. By tracking the size and price of each month's short transactions, BUYINS.NET provides institutions, traders, analysts, journalists and individual investors the exact price point where short sellers start losing money.

All material herein was prepared by BUYINS.NET, based upon information believed to be reliable. The information contained herein is not guaranteed by BUYINS.NET to be accurate, and should not be considered to be all-inclusive. The companies that are discussed in this opinion have not approved the statements made in this opinion. This opinion contains forward-looking statements that involve risks and uncertainties. This material is for informational purposes only and should not be construed as an offer or solicitation of an offer to buy or sell securities. BUYINS.NET is not a licensed broker, broker dealer, market maker, investment banker, investment advisor, analyst or underwriter. Please consult a broker before purchasing or selling any securities viewed on or mentioned herein. BUYINS.NET may receive compensation in cash or shares from independent third parties or from the companies mentioned.

BUYINS.NET affiliates, officers, directors and employees may also have bought or may buy the shares discussed in this opinion and may profit in the event those shares rise in value. Market commentary provided by Thomas Ronk.

BUYINS.NET will not advise as to when it decides to sell and does not and will not offer any opinion as to when others should sell; each investor must make that decision based on his or her judgment of the market.

This release contains "forward-looking statements" within the meaning of Section 27A of the Securities Act of 1933, as amended, and Section 21E the Securities Exchange Act of 1934, as amended and such forward-looking statements are made pursuant to the safe harbor provisions of the Private Securities Litigation Reform Act of 1995. "Forward-looking statements" describe future expectations, plans, results, or strategies and are generally preceded by words such as "may", "future", "plan" or "planned", "will" or "should", "expected," "anticipates", "draft", "eventually" or "projected". You are cautioned that such statements are subject to a multitude of risks and uncertainties that could cause future circumstances, events, or results to differ materially from those projected in the forward-looking statements, including the risks that actual results may differ materially from those projected in the forward-looking statements as a result of various factors, and other risks identified in a companies' annual report on Form 10-K or 10-KSB and other filings made by such company with the Securities and Exchange Commission.

You should consider these factors in evaluating the forward-looking statements included herein, and not place undue reliance on such statements. The forward-looking statements in this release are made as of the date hereof and BUYINS.NET undertakes no obligation to update such statements.

CONTACT: Thomas Ronk, CEO, BUYINS.NET Tel: +1 800 715 9999 e-mail: Tom@buyins.net WWW: http://www.buyins.net

M2 Communications Ltd disclaims all liability for information provided within M2 PressWIRE. Data supplied by named party/parties. Further information on M2 PressWIRE can be obtained at http://www.presswire.net on the world wide web. Inquiries to info@m2.com.

For full details on America's Car-mart Inc (CRMT) click here. America's Car-mart Inc (CRMT) has Short Term PowerRatings of 8. Details on America's Car-mart Inc (CRMT) Short Term PowerRatings is available at This Link.
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Did those go by the wayside when they got rid of the uptick rule????

No, update from wsj,

At one stage, the Dow industrials were down about 705 points, or 6.3%, the biggest drop since the 722 point drop on Sept. 17, 2001. If there were a 1200 point decline after 2 p.m. EDT, that would result in a half-hour trading halt. The next circuit breaker would be a drop of 2400. The Dow was recently down 552 points, or 5%, to 10590, which would be its lowest close in more than two years. Earlier, the Dow marked a new bear-market intraday low. The broad Standard & Poor's 500 Index fell 80, or 6.6%, to 1133; the Nasdaq Composite slid 148, or 6.8% to 2060, one of its biggest declines in a decade.

http://online.wsj.com/article/SB122269697819485709.html

I'll bet your heart was racing!

Cor didn't move much as it was already down some. Delays never seem to be great for it,,,,,unless you are buying, then they are great!

Take Care..

Did you see that? Dow from down 250 to 480 in a minute or so, then down 640 or 680 within the next couple minutes?

Don't see that every day.

Looks like no bailout for Cor, or anybody else for that matter.

dow rebounding now, but yikes! oops falling again......

OT- 'Flabbergasted' CEO At Fortis Is Replaced

http://online.wsj.com/article/SB122242463992678633.html

Fortis Pledges Clarity by Year-End; Can The Market Wait That Long?

http://online.wsj.com/article/SB122245337636779511.html

update, now i see that others had responded, sorry if this is a repeat....... (reading from bottom up)