Form 8-K for EVERGREEN ENERGY INC


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23-Oct-2008

Notice of Delisting or Failure to Satisfy a Continued Listing Rule or Standa



Item 3.01. Notice of Delisting or Failure to Satisfy a Continued Listing Rule or Standard; Transfer of Listing.
On October 17, 2008, Evergreen Energy Inc. (the "Company") was notified by NYSE Arca, Inc. ("NYSE Arca") that it was not in compliance with NYSE Arca's continued listing standard under Rule 5.5(b)(2) of the NYSE Arca Equities Rules. The standard requires that a listed common stock must maintain an average closing price in excess of $1.00 over a consecutive 30 trading-day period.

The Company has six months from the receipt of the notice to regain compliance with the NYSE Arca price condition, or it will be subject to suspension and delisting procedures. Subject to NYSE Arca rules, during the six-month cure period, the Company's common stock will continue to be listed, and trade on NYSE Arca. At the end of the six-month period, the Company will be in compliance if it has at least a $1.00 share price and has maintained a $1.00 average closing share price over the preceding 30 consecutive trading days.

The Company is currently exploring alternatives for curing the deficiency and restoring compliance with NYSE Arca's continued listing standard. As required by Rule 5.5(b) of the NYSE Arca Equities Rules, the Company will notify NYSE Arca within 10 business days from receipt of the notice of its intent to cure the deficiency and of the specific steps it is planning to take to regain compliance. The Company has also issued a press release as required by the NYSE Arca rules related to the matter described herein. A copy of the press release is attached hereto as Exhibit 99.1.





Item 9.01. Financial Statements and Exhibits.
(d) Exhibits


Exhibit
Number Exhibit Title or Description
99.1 Press release dated October 23, 2008

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