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DayStar Technologies (DSTI) Receives Letter From Nasdaq


DayStar Technologies (DSTI) Receives Letter From Nasdaq

KELOWNA, BC -- (Marketwire) -- 03/27/13 -- DayStar Technologies Inc. (NASDAQ: DSTI) (the "Company") received notice from The Nasdaq Stock Market on March 20, 2013, that the staff is of the view that on at least two (2) occasions over the past five (5) months, the Company has violated the shareholder approval requirements set forth in Listing Rule 5635(c). The notice states that these violations form an additional concern under Listing Rule 5101 and a separate and additional basis for delisting the Company's securities from The Nasdaq Stock Market.

The staff letter also raised "public interest" concerns regarding:


 
i.  the Company's lack of revenue to date, current and planned operating
    business; 
ii. the magnitude of the share issuances following the Company's reverse
    stock split on April 9, 2012, under which the Company's number of total
    shares outstanding ("TSO") rose from 1.56 million on May 11, 2012 to 4.3
    million by January 7, 2013 and was expected to continue to grow; 
iii.the lack of oversight by the Company's prior Interim Chief Executive
    Officer with respect to the Company's operations, especially given that,
    during his tenure as Chief Executive Officer, Mr. Lacey certified each
    of the Company's periodic reports filed with the SEC as to their
    accuracy and completeness, as required by the Sarbanes-Oxley Act of
    2002, taken together with the staff's concerns regarding the Company's
    current limited business activity, and the concern about shareholder
    approval violations; 
iv. the Company's ability to continue to comply with Nasdaq's listing
    standards given that in its Form 10-Q for the period ended September 30,
    2012, the Company reported stockholders' equity of $2,663,519, since its
    inception, the Company has incurred losses, including a $3.8 million
    loss for the nine months ended September 30, 2012 and losses of $3.4
    million and $28.1 million for the years ended December 31, 2011 and
    2010, and that the Company's CFO advised the staff that it expects to
    report stockholders' equity below the minimum $2.5 million requirement
    for continued listing on The Nasdaq Capital Market, as prescribed in
    Listing Rule 5550(b)(1) when it files its Annual Report on Form 10-K for
    the year ended December 31, 2012; 
v.  the history of the Company's non-compliance with the Listing Rules,
    having received notifications for failure to evidence compliance on
    thirteen (13) separate occasions, ten (10) of those occurring within the
    past three and a half years, including minimum bid price in September
    2009 and April 2011; the periodic filing obligation in November 2012;
    minimum stockholders' equity in November 2010; the shareholder approval
    rules with respect to equity compensation and private placements in
    November 2010; annual meeting of shareholders in January 2010 and
    January 2013; majority independent board of directors in November 2011;
    and  audit committee composition in May 2010 and November 2011; 
vi. whether 200,000 shares of restricted common stock issued to Brendan
    MacMillan should have required shareholder approval; and 
vii.whether 185,717 shares issued to five employees as inducement
    compensation in November 2012, 1,034,001 shares issued to nine employees
    as inducement compensation in December 2012 and 239,000 shares issued to
    three individuals as compensation for consulting work in December 2012
    required shareholder approval. 

The Nasdaq Hearings Panel will consider these matters in rendering a determination regarding the Company's continued listing on The Nasdaq Capital Market at a hearing scheduled for March 28, 2013. The Company has worked diligently to address the concerns raised in the staff letter, including the retention of a new management team, and at its in person meeting with the Hearings Panel tomorrow will present its proposed future operating plan that it believes addresses many of the concerns raised in the staff letter.

There can be no assurance given that the Hearings Panel will grant the Company's request for continued listing, and if it does not, the Company's common stock will be moved to another exchange and delisted from The NASDAQ Capital Market.

About DayStar Technologies, Inc.:

DayStar Technologies, Inc. (NASDAQ: DSTI) is a developer of solar photovoltaic products based upon CIGS thin film deposition technology and is currently embarked on a strategy of strategic partnerships to enter new markets within the global renewal energy industry including ownership and construction of solar and renewable power plants. For more information, visit the DayStar website at http://www.daystartech.com/. For corporate information, contact Mr. Dan Giesbrecht, VP Business Development, info@daystartechinc.com, 778-484-5159.

Safe Harbor: Statements contained in this news release which are not historical facts may be forward-looking statements as that term is defined in the Private Securities Litigation Reform Act of 1995. Forward-looking statements can be identified by the fact that they do not relate strictly to historical or current facts. They often include words like "believe," "expect," "anticipate," "estimate" and "intend" or future or conditional verbs such as "will," "would," "should," "could" or "may." We undertake no obligation to update any forward-looking statements.

For corporate information, contact Mr. Dan Giesbrecht VP Business Development info@daystartechinc.com 778-484-5159

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