This is from the last line of your post. I would say that "yes" they do have another appeal, but not 100% sure. Hopefully the results from the 2nd cohort will be in by the end of the process and this will be a non issue.
"The Company intends to appeal this determination in accordance with the Company's rights as set forth in Sections 1203 and 1009(d) of the Company Guide."
Sorry to keep this going, but the notification that I read, below, seems to indicate the appeal period is over. Is there another appeal period?
This is cut and paste from yahoo...
" On December 22, 2011, the Company received notice from the NYSE MKT stating that the exchange had accepted the Company's compliance plan and granted it an extension until July 20, 2012 to regain compliance with the NYSE's continued listing standards.
On August 22, 2012, the Company received a notice from NYSE Regulation, Inc. on behalf of NYSE MKT stating that NYSE MKT has declined to grant the Company a plan period extension and that NYSE MKT intends to delist the Company's common stock from the NYSE MKT by filing a delisting application with the Securities and Exchange Commission. The Company intends to appeal this determination in accordance with the Company's rights as set forth in Sections 1203 and 1009(d) of the Company Guide."