DE
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23-3012204
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(State or other jurisdiction of
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(IRS Employer
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incorporation)
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Identification No.)
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[ ] Soliciting material pursuant to Rule 14a-12 under the Exchange Act (17 CFR 240.14a-12)
[ ] Pre-commencement communications pursuant to Rule 14d-2(b) under the Exchange Act (17 CFR 240.14d-2(b))
[ ] Pre-commencement communications pursuant to Rule 13e-4(c) under the Exchange Act (17 CFR 240.13e-4(c))
Pursuant to Nasdaq Listing Rule 5605(c)(4)(A), the Company has been provided with a cure period in order to regain compliance as follows:
*until the earlier of the Company's next annual shareholders' meeting or December 23, 2010; or
*if the next annual shareholders' meeting is held before June 21, 2010, then the Company must evidence compliance no later than June 21, 2010.
The Company must submit to Nasdaq documentation, including biographies of any new directors, evidencing compliance with the Rule no later than this date. The Company intends to comply with Nasdaq's audit committee requirements as set forth in the Rule within the cure period provided by Nasdaq and will evidence such compliance to Nasdaq no later than this date.
NUTRI SYSTEM INC DE
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Date: January 29, 2010
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By:
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/s/ David D. Clark
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David D. Clark
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Chief Financial Officer
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