VIA Pharmaceuticals Receives Favorable Hearing Decision F...(heart attack and stroke. In addition VI...),Health

Forward Looking Statements

This press release may contain "forward-looking" statements within the meaning of the Private Securities Litigation Reform Act of 1995. These statements relate to future events or to VIA's future financial performance and involve known and unknown risks, uncertainties and other factors that may cause VIA's actual results, levels of activity, performance or achievements to be materially different from any future results, levels of activity, performance or achievements expressed or implied by these forward-looking statements. In some cases, you can identify forward-looking statements by the use of words such as "may," "could," "expect," "intend," "plan," "seek," "anticipate," "believe," "estimate," "predict," "potential," "continue" or the negative of these terms or other comparable terminology. You should not place undue reliance on forward-looking statements since they involve known and unknown risks, uncertainties and other factors which are, in some cases, beyond VIA's control and which could materially affect actual results, levels of activity, performance or achievements.

Factors that may cause actual results to differ materially from current expectations include, but are not limited to:

• our ability to comply with the NASDAQ rules for continued listing;
• our ability to borrow additional amounts under the loan from Bay City Capital, which is subject to the discretion of Bay City Capital;
• our ability to obtain necessary financing in the near term, including amounts necessary to repay the loan from Bay City Capital by the October 31, 2009 matur
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