La Jolla Pharmaceutical Company (Nasdaq: LJPC), a specialty
pharmaceutical company, today announced that its consolidated financial
statements for the fiscal year ended December 31, 2008, included in the
Company's annual report on Form 10-K filed with the Securities and
Exchange Commission on March 31, 2009, contained a going concern
qualification from its independent registered public accounting firm.
This announcement is being made in compliance with Nasdaq Marketplace
Rule 4350(b)(1)(B), which requires separate disclosure of the receipt of
an audit opinion that contains a going concern qualification. This
announcement does not represent any change or amendment to the Company's
2008 financial statements or to its annual report on Form 10-K.
La Jolla also announced that it received a letter on April 3, 2009, from
The Nasdaq Stock Market ("Nasdaq") notifying the Company that it is not
in compliance with Nasdaq Marketplace Rule 4450(a)(3) because the
Company's stockholders' equity at December 31, 2008, was less than the
$10.0 million required for continued listing on The Nasdaq Global
Market. In the notice, Nasdaq requested that the Company provide a plan
to regain compliance with the continued listing requirements of The
Nasdaq Global Market within 15 days. Nasdaq will contact the Company
with any questions or concerns regarding the plan. If Nasdaq does not
accept the plan, it will provide the Company with a written notification
that its securities will be delisted from The Nasdaq Global Market. If
it receives a notification, the Company may then apply to move its
listing to The Nasdaq Capital Market or appeal Nasdaq's delisting
determination to a Nasdaq Listing Qualifications Panel. The Company
intends to submit a plan with Nasdaq within the required time period to
maintain its listing on The Nasdaq Global Market and would expect to
apply to move the listing to the Nasdaq Capital Market if the compliance
plan is not accepted.
This announcement is being made in compliance with Marketplace Rule
4803(a), which requires the Company to make a public announcement
through the news media disclosing receipt of the Nasdaq letter and the
Nasdaq rules upon which it is based.