A lack of compliance with section 404 of the Sarbanes-Oxley Act, means Advanced Energy Industries, a Colorado based company has been threatened with delisting from Nasdaq Stock Market.

The company failed to provide an attestation from its auditors on the effectiveness of internal controls relating to financial reporting.

Advanced Energy has indicated that it intends to request a hearing. Should a hearing not be requested, the firms common stock will be delisted effetive May 17 2005.

Nasdaq's letter to Advanced Energy says that the Form 10-k from the company, did not contain the auditors opinion.

In the Form 10-K provided by Advance to the SEC, the auditor states is "not able to express an opinion management's assessment or on the effectiveness of Advanced Energy's internal control over financial reporting".

Advanced contend that the auditors statement of not being able to express an opinion constitutes compliance with the Nasdaq listing rules.

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