Opexa Therapeutics Regains Compliance with NASDAQ Minimum Bid Price Listing Requirement

  Opexa Therapeutics Regains Compliance with NASDAQ Minimum Bid Price Listing
  Requirement

Business Wire

THE WOODLANDS, Texas -- January 15, 2013

Opexa Therapeutics, Inc. (NASDAQ: OPXA), a company developing Tcelna™, a novel
T-cell therapy for multiple sclerosis (MS), today announced that it has
received a letter from The NASDAQ Stock Market LLC notifying the Company that
it has regained full compliance with the NASDAQ Capital Market's minimum bid
price continued listing requirement.

The letter noted that as of December 31, 2012, the Company evidenced a closing
bid price of its common stock in excess of the $1.00 minimum requirement for
at least ten consecutive trading days. Accordingly, the Company has regained
compliance with NASDAQ Marketplace Rule 5550(a)(2) and NASDAQ considers the
matter closed.

The Company has submitted its plan to regain compliance with NASDAQ’s minimum
stockholders’ equity listing standard set forth in listing rule 5550(b)(1),
and NASDAQ is currently reviewing the plan. If the Company’s plan is accepted,
NASDAQ may grant an extension until May 25, 2013 for the Company to regain
compliance with the minimum stockholders’ equity standard.

About Opexa

Opexa Therapeutics, Inc. is dedicated to the development of patient-specific
cellular therapies for the treatment of autoimmune diseases such as MS. The
Company’s leading therapy, Tcelna™, is a personalized cellular immunotherapy
treatment that is in late stage clinical development for MS. Tcelna is derived
from T-cells isolated from peripheral blood, expanded ex vivo, and
reintroduced into the patients via subcutaneous injections. This process
triggers a potent immune response against specific subsets of autoreactive
T-cells known to attack myelin and, thereby, reduces the risk of relapse over
time.

For more information visit the Opexa Therapeutics website at
www.opexatherapeutics.com.

Cautionary Statement Relating to Forward-Looking Information for the Purpose
of "Safe Harbor" Provisions of the Private Securities Litigation Reform Act of
1995

This press release contains forward-looking statements which are made pursuant
to the safe harbor provisions of Section 27A of the Securities Act of 1933, as
amended, and Section 21E of the Securities Exchange Act of 1934, as amended.
The words “expects,” “believes,” “hopes,” “anticipates,” “estimates,” “may,”
“could,” “intends,” “exploring,” “enable,” “enhance,” “evaluating,”
“progressing,” “proceeding” and similar expressions are intended to identify
forward-looking statements. The forward-looking statements in this release do
not constitute guarantees of future performance. Investors are cautioned that
statements in this press release which are not strictly historical statements,
including, without limitation, statements regarding the development of the
Company’s product candidate, Tcelna, constitute forward-looking statements.
Such forward-looking statements are subject to a number of risks and
uncertainties that could cause actual results to differ materially from those
anticipated, including, without limitation, risks associated with: our capital
position, the rights and preferences provided to the Series A Convertible
Preferred Stock and investors in the convertible secured notes issued by the
Company in July 2012 (including a secured interest in all of our assets), the
ability of the Company to enter into and benefit from a partnering arrangement
for the Company's product candidate, Tcelna, on reasonably satisfactory terms
(if at all), our dependence (if partnered) on the resources and abilities of
any partner for the further development of Tcelna, our ability to compete with
larger, better financed pharmaceutical and biotechnology companies, new
approaches to the treatment of our targeted diseases, our expectation of
incurring continued losses, our uncertainty of developing a marketable
product, our ability to raise additional capital to continue our development
programs (including to undertake and complete any ongoing or further clinical
studies for Tcelna) including in this regard our ability to satisfy various
conditions required to access the financing potentially available under the
purchase agreements with Lincoln Park (such as the minimum closing price for
our common stock, the registration of the underlying shares of common stock
under the Securities Act of 1933, as amended, and the requirement for an
ongoing trading market for our stock), our ability to regain and maintain
compliance with NASDAQ listing standards, the success of our clinical trials,
the efficacy of Tcelna for any particular indication, such as for relapsing
remitting MS or secondary progressive MS, our ability to develop and
commercialize products, our ability to obtain required regulatory approvals,
our compliance with all Food and Drug Administration regulations, our ability
to obtain, maintain and protect intellectual property rights (including for
Tcelna), the risk of litigation regarding our intellectual property rights or
the rights of third parties, the success of third party development and
commercialization efforts with respect to products covered by intellectual
property rights that the Company may license or transfer, our limited
manufacturing capabilities, our dependence on third-party manufacturers, our
ability to hire and retain skilled personnel, our volatile stock price, and
other risks detailed in our filings with the Securities and Exchange
Commission. These forward-looking statements speak only as of the date made.
We assume no obligation or undertaking to update any forward-looking
statements to reflect any changes in expectations with regard thereto or any
change in events, conditions or circumstances on which any such statement is
based. You should, however, review additional disclosures we make in our
reports filed with the Securities and Exchange Commission, including our
Annual Report on Form 10-K for the year ended December 31, 2011.

Contact:

Opexa Therapeutics, Inc.
Neil K. Warma, 281.775.0600
President & CEO
nwarma@opexatherapeutics.com
 
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