NOTIFICATION OF REMOVAL FROM LISTING AND/OR REGISTRATION UNDER SECTION 12(b) OF THE SECURITIES EXCHANGE ACT OF 1934.
UNITED STATES
OMB APPROVAL
OMB Number: 3235-0080
Expires: March 31, 2018
Estimated average burden
hours per response: 1.7
SECURITIES AND EXCHANGE COMMISSION
Washington, D.C. 20549
FORM 25
NOTIFICATION OF REMOVAL FROM LISTING AND/OR REGISTRATION
UNDER SECTION 12(b) OF THE SECURITIES EXCHANGE ACT OF 1934.
Commission File Number 001-33221
Issuer: AP PHARMA INC /DE/
Exchange: NASDAQ Stock Market LLC
(Exact name of Issuer as specified in its charter, and name of Exchange where security is listed and/or registered)
Address: 123 Saginaw Drive
Redwood City CALIFORNIA 94063
Telephone number: 650-366-2626
(Address, including zip code, and telephone number, including area code, of Issuer's principal executive offices)
Common Stock
(Description of class of securities)
Please place an X in the box to designate the rule provision relied upon to strike the class of securities from listing and registration:
17 CFR 240.12d2-2(a)(1)
17 CFR 240.12d2-2(a)(2)
17 CFR 240.12d2-2(a)(3)
17 CFR 240.12d2-2(a)(4)
Pursuant to 17 CFR 240.12d2-2(b), the Exchange has complied with its rules to strike the class of securities from listing and/or withdraw registration on the Exchange. 1
Pursuant to 17 CFR 240.12d2-2(c), the Issuer has complied with its rules of the Exchange and the requirements of 17 CFR 240.12d-2(c) governing the voluntary withdrawal of the class of securities from listing and registration on the Exchange.
Pursuant to the requirements fo the Securities Exchange Act of 1934, NASDAQ Stock Market LLC certifies that it has reasonable grounds to believe that it meets all of the requirements for filing the Form 25 and has caused this notification to be signed on its behalf by the undersigned duly authorized person.
2011-06-03 By Amy Horton Associate General Counsel
Date Name Title
1 Form 25 and attached Notice will be considered compliance with the provisions of 17 CFR 240.19d-1 as applicable. See General Instructions.
Persons who respond to the collection of information contained in this form are not required to respond unless the form displays a currently valid OMB Number.
Delisting Determination,The Nasdaq Stock Market, LLC,
June 3, 2011, A.P. Pharma, Inc. The Nasdaq Stock
Market, Inc. (the Exchange) has determined to remove
from listing the common stock of A.P. Pharma, Inc.
(the Company), effective at the opening of the trading
session on June 13, 2011. Based on review of information
provided by the Company, Nasdaq Staff determined that the
Company no longer qualified for listing on the Exchange
pursuant to Listing Rule 5550(a)(2). The Company was
notified of the Staffs determination on November 17, 2010.
The Company appealed the determination to a Hearing Panel.
Upon review of the information provided by the Company,
the Panel issed a decision dated February 28, 2011, granting
the Company continued listing pursuant to an exception
through May 16, 2011, by which date the Company was
required to regain compliance with Listing Rule
5550(a)(2). However, the Company notified the Panel
before that date that it would not regain compliance.
On March 30, 2011, the Panel issued a final delisting
determination and notified the Company that trading in
the Companys securities would be suspended on April 1, 2011.
The Company did not request a review of the Panels decision
by the Nasdaq Listing and Hearing Review Council. The
Listing Council did not call the matter for review.
The Panels Determination to delist the Company became
final on May 16, 2011.