Statera Biopharma Inc. filed SEC Form 8-K: Notice of Delisting or Failure to Satisfy a Continued Listing Rule or Standard; Transfer of Listing, Financial Statements and Exhibits
$STAB
Biotechnology: Pharmaceutical Preparations
Health Care
UNITED STATES
SECURITIES AND EXCHANGE COMMISSION
WASHINGTON, D.C. 20549
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FORM
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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 10, 2023
(Exact Name of Registrant as Specified in Charter)
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Securities registered or to be registered pursuant to Section 12(b) of the Act:
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OTC
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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:
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. ☐
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Item 3.01.
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Notice of Delisting or Failure to Satisfy a Continued Listing Rule or Standard; Transfer of Listing.
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As previously disclosed, on October 26, 2022, Statera Biopharma, Inc. (the “Company”) received a determination from a Nasdaq Hearings Panel (the “Panel”) granting the Company’s request for the continued listing of its common stock on The Nasdaq Capital Market (“Nasdaq”), subject to the Company’s satisfaction of certain interim milestones and, ultimately, the Company’s compliance with all applicable criteria for continued listing on Nasdaq, including the $1.00 bid price and $2.5 million stockholders’ equity requirements as set forth in Nasdaq Listing Rules 5550(a)(1) and 5550(b)(2), respectively, by no later than January 31, 2023. On January 10, 2023, the Company received notice from Nasdaq that the Company’s was being delisted and that suspension of trading in the Company’s common stock will be effective at the open of business on January 12, 2023. The Company intends to appeal the delisting and request a review of the Panel’s decision by the Nasdaq Listing and Hearing Review Council.
Effective January 12, 2023, the Company’s common stock is quoted on OTC Pink Open Market under the symbol “STAB”. In addition, the Company has submitted an application for trading of its common stock on the OTCQB Venture Market (the “OTCQB”). There can be no assurance that the Company’s application to trade on the OTCQB will be approved on a timely basis or at all or that the Company will be able to satisfy reporting and other applicable requirements.
| Item 9.01 | Financial Statements and Exhibits. |
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(d)
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Exhibits. The following exhibits are filed with this Form 8-K:
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Exhibit
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Description of Exhibits
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104
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Cover Page Interactive Data File (embedded within the Inline XBRL document).
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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.
| Statera Biopharma, Inc. | |
| Date: January 20, 2023 | By: /s/ Michael K. Handley |
| Name: Michael K. Handley | |
| Title: Chief Executive Officer |