Tuesday, February 22, 2011 7:36:52 PM
Item 3.01. Notice of Delisting or Failure to Satisfy a Continued Listing Rule or Standard; Transfer of Listing.
On February 22, 2011, Subaye, Inc. (the "Company") received a letter from The Nasdaq Stock Market, LLC ("Nasdaq") notifying the Company that it is not in compliance with Nasdaq Listing Rule 5250(c)(1) (the "Listing Rule") since it did not timely file with the Securities and Exchange Commission its Quarterly Report on Form 10-Q for the period ended December 31, 2010.
Under the Nasdaq Listing Rules, the Company is afforded 60 calendar days, or until April 23, 2011, to submit to Nasdaq a plan to regain compliance with the Listing Rule. If Nasdaq accepts the plan, it can grant an exception of up to 180 calendar days from the filing's due date, or until August 15, 2011, for the Company to regain compliance. After reviewing the Company's plan, Nasdaq will provide to the Company written notice of its decision. In the event Nasdaq determines that the Company's plan is not sufficient to regain compliance, the Company may appeal Nasdaq's decision to a Nasdaq hearings panel.
The Company is working diligently on this matter and intends to file its Quarterly Report on Form 10-Q as soon as practicable. The Company issued a press release on February 22, 2011, a copy of which is attached hereto as Exhibit 99.1 and is incorporated herein by reference, disclosing the receipt of the letter from Nasdaq.
Item 9.01. Financial Statements and Exhibits.
(d) Exhibits
Exhibit
Number Exhibit Title or Description
99.1 Press Release, dated February 22, 2011.
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