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    Polished Inc. filed SEC Form 8-K: Notice of Delisting or Failure to Satisfy a Continued Listing Rule or Standard; Transfer of Listing, Other Events, Financial Statements and Exhibits

    1/5/24 5:21:54 PM ET
    $POL
    Home Furnishings
    Consumer Discretionary
    Get the next $POL alert in real time by email
    false 0001810140 0001810140 2024-01-05 2024-01-05 iso4217:USD xbrli:shares iso4217:USD xbrli:shares

     

     

     

    UNITED STATES

    SECURITIES AND EXCHANGE COMMISSION

    Washington, D.C. 20549

     

     

     

    FORM 8-K

     

     

     

    CURRENT REPORT

     

    Pursuant to Section 13 Or 15(d) Of

    The Securities Exchange Act of 1934

     

    Date of Report (Date of earliest event reported): January 5, 2024

     

    POLISHED.COM INC.

    (Exact name of registrant as specified in its charter)

     

    Delaware   001-39418   83-3713938
    (State or other jurisdiction
    of incorporation) 
      (Commission File Number)   (IRS Employer
    Identification No.)

     

    1870 Bath Avenue, Brooklyn, NY 11214

    (Address of principal executive offices)  (Zip Code)

     

    Registrant’s telephone number, including area code: (800) 299-9470

     

     

    (Former name or former address, if changed since last report)

     

    Check the appropriate box below if the Form 8-K filing is intended to simultaneously satisfy the filing obligation of the registrant under any of the following provisions:

     

    ☐ Written communications pursuant to Rule 425 under the Securities Act (17 CFR230.425)

     

    ☒ Soliciting material pursuant to Rule 14a-12 under the Exchange Act (17 CFR240.14a-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))

     

    Securities registered pursuant to Section 12(b) of the Act:

     

    Title of each class   Trading Symbol(s)   Name of each exchange on which registered
    Common Stock, $0.0001 par value per share   POL   NYSE American LLC

     

    Indicate by check mark whether the registrant is an emerging growth company as defined in Rule 405 of the Securities Act of 1933 (§230.405 of this chapter) or Rule 12b-2 of the Securities Exchange Act of 1934 (§240.12b-2 of this chapter).

     

    Emerging growth company ☒ 

     

    If an emerging growth company, indicate by check mark if the registrant has elected not to use the extended transition period for complying with any new or revised financial accounting standards provided pursuant to Section 13(a) of the Exchange Act. ☐

     

     

     

     

     

     

    Item 3.01 Notice of Delisting or Failure to Satisfy a Continued Listing Rule or Standard; Transfer of Listing.

     

    The shares of common stock of Polished.com Inc. (the “Company”) are listed on NYSE American LLC (“NYSE American”). Under Section 704 of the NYSE American Company Guide (the “Company Guide”), the Company was required to hold an annual meeting of its stockholders for its fiscal year ended December 31, 2022 by December 31, 2023.

     

    On January 5, 2024, NYSE American sent the Company a letter stating that the Company was not in compliance with Section 704 of the Company Guide.

     

    The Company plans to hold an annual meeting of stockholders on January 30, 2024, as indicated in the Definitive Proxy Statement on Schedule 14A the Company filed with the Securities Exchange Commission on December 26, 2023.

     

    Item 8.01 Other Events.

     

    On January 5, 2024, in accordance with Section 402(g) of the Company Guide, the Company issued a press release discussing the matters disclosed in Item 3.01 above. A copy of the press release is included herewith as Exhibit 99.1, which is incorporated by reference into this Item 8.01.

     

    Item 9.01 Financial Statements and Exhibits.

     

    (d) Exhibits

     

    Exhibit
    Number
      Description
    99.1   Press Release dated January 5, 2024, issued by Polished.com Inc.
         
    104   Cover Page Interactive Data File (embedded within the Inline XBRL document)

     

    1

     

     

    SIGNATURES

     

    Pursuant to the requirements of the Securities Exchange Act of 1934, the registrant has duly caused this report to be signed on its behalf by the undersigned hereunto duly authorized. 

     

    POLISHED.COM INC.
         
      By: /s/ J.E. “Rick” Bunka
      Name:  J.E. “Rick” Bunka
      Title: Interim Chief Executive Officer

     

    Dated:    January 5, 2024

     

     

    2

     

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