Active Power Receives NASDAQ Letter Regarding Non-Compliance With Minimum Bid Price Rule

Active Power, Inc. announced that on Aug. 18, 2008, the company received a letter from The NASDAQ Stock Market stating that for the previous 30 consecutive business days, the bid price of the company’s common stock closed below the minimum $1.00 per share requirement for continued inclusion on The NASDAQ Global Market pursuant to NASDAQ Marketplace Rule 4450(a)(5) (the "Minimum Bid Price Rule"). The NASDAQ letter has no immediate effect on the listing of the company’s common stock.

In accordance with Marketplace Rule 4450(e)(2), Active Power will be provided with a grace period of 180 calendar days or until Feb. 17, 2009, to regain compliance with the Minimum Bid Price Rule. If at any time before Feb. 17, 2009, the bid price of the company’s stock closes at $1.00 per share or more for a minimum of 10 consecutive business days, NASDAQ will notify the company that it has achieved compliance with the Minimum Bid Price Rule. If the company does not regain compliance with the Minimum Bid Price Rule by Feb. 17, 2009, NASDAQ will notify the company that its common stock will be delisted from The NASDAQ Global Market.

In the event the company receives notice that its common stock is being delisted from The NASDAQ Global Market, NASDAQ rules permit the company to appeal any delisting determination by the NASDAQ staff to a NASDAQ Listing Qualifications Panel. Alternatively, NASDAQ may permit the company to transfer its common stock to The NASDAQ Capital Market if it satisfies the requirements for initial inclusion set forth in Marketplace Rule 4310(c), except for the bid price requirement. If its application for transfer is approved, the company would have an additional 180 calendar days to comply with the Minimum Bid Price Rule in order to remain on The NASDAQ Capital Market.