VIA Pharmaceuticals, Inc. announced that on September 23, 2009, it received a deficiency letter from The NASDAQ Stock Market notifying the Company of its failure to regain compliance with the board independence requirements, as set forth in Listing Rules 5605(b)(1) and 5605(c)(2)(A), respectively, and that the Company's securities are, therefore, subject to delisting from The NASDAQ Capital Market. The Company had previously announced that due to the passing of Richard L. Anderson, who served as an independent director on the Company's Board of Directors and as a member of the Audit Committee, Compensation Committee and Nominating and Governance Committee, the Company no longer complied with the Independence Rules. The Company was given until September 17, 2009 to regain compliance with these requirements. The Company will present its written views with respect to this deficiency to the NASDAQ Listing Qualifications Panel by September 30, 2009. The Company has had a hearing with the Panel and presented its plan of compliance with respect to its failure to satisfy the Independence Rules, as well as its plan to satisfy NASDAQ's minimum $2.5 million stockholders' equity and $1.00 minimum bid price requirements for continued listing. The Company is awaiting a decision from the Panel. There can be no assurance that the Company will be able to achieve or sustain the requirements under the NASDAQ Listing Rules to insure that it will maintain its NASDAQ listing.

VIA Pharmaceuticals, Inc. announced on September 18, 2009 that on September 15, 2009, it received a deficiency letter from the NASDAQ Stock Market stating that the Company is not in compliance with the minimum $1.00 per share bid price requirement for continued listing, as set forth in Listing Rule 5550(a) (2), and that the Company’s securities are, therefore, subject to delisting from The NASDAQ Capital Market. The Company has a period of 180 calendar days, or until March 15, 2010, to regain compliance with the minimum bid price listing requirement. If at any time during this grace period the bid price of the Company’s common stock closes at $1.00 per share or more for a minimum of ten consecutive business days, the Company will receive written notification of its compliance with the minimum bid price listing requirement. In the event the Company does not regain compliance prior to the expiration of the grace period, the Company will receive written notification that its securities are subject to delisting. In such event, the Company may appeal NASDAQ’s determination to a NASDAQ Listing Qualifications Panel which request will stay the delisting of the Company’s securities pending the Panel’s decision. Additionally, the Company has had a hearing with the Panel regarding its failure to meet capitalization requirements for continued listing and is awaiting a decision from the Panel. There can be no assurance that the Company will regain compliance with the minimum bid price listing or capitalization requirements and maintain its NASDAQ listing.

VIA Pharmaceuticals, Inc. announced that it received a Staff Determination letter, dated July 15, 2009, from the NASDAQ Stock Market stating that the Company has not regained compliance with the minimum $2,500,000 stockholders’ equity requirement for continued listing, as set forth in Listing Rule 5550(b), and that the Company’s securities are, therefore, subject to delisting from The NASDAQ Capital Market. The Company intends to file an appeal of the NASDAQ Staff Determination by July 22, 2009 and to request a hearing before a NASDAQ Listing Qualifications Panel, which request will stay the delisting of the Company’s securities pending the Panel’s decision. There can be no assurance that the Panel will grant the Company’s request for continued listing on The NASDAQ Capital Market.