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JanOne Inc.
04/22/2024 | Press release | Distributed by Public on 04/22/2024 14:22
Failure to Satisfy Listing Rule - Form 8-K
Item 3.01 Notice of Delisting or Failure to Satisfy a Continued Listing Rule or Standard; Transfer of Listing.
On April 16, 2024, JanOne Inc. (the "Company") received a notice (the "Nasdaq Notice") from The NASDAQ Stock Market ("Nasdaq") that the Company does not presently comply with Nasdaq's Listing Rule 5550(b)(1) that requires the Company to maintain a minimum of $2,500,000 in stockholders' equity for continued listing.
The Nasdaq Notice does not have any immediate effect on the listing of the Company's common stock on the Nasdaq Capital Market and the Company has 45 calendar days from the date of the Nasdaq Notice to submit a plan to Nasdaq to regain compliance with Nasdaq's continued listing rules. The Company intends to submit such a plan with the relevant time frame. If the Company's plan is accepted, Nasdaq can grant the Company with an extension of up to 180 calendar days from the date of the Nasdaq Notice for the Company to show evidence compliance with its plan and with the relevant Nasdaq continued listing rules.
In connection with the Company's plan, once submitted, Nasdaq staff will consider such things as the likelihood that the plan will result in compliance with Nasdaq's continued listing criteria, the Company's past compliance history, the reasons for the Company's current non-compliance, other corporate events that may occur during staff's review period, the Company's overall financial condition, and the Company's public disclosures. If, in the staff's consideration of the Company's plan, staff were to determine that the Company would not be able to cure the deficiency, then Nasdaq would provide notice that the Company's common stock would be subject to delisting. Upon such a notice, the Company would have the right to appeal that determination and the Company's common stock would continue to remain listed on The Nasdaq Capital Market until the completion of the appeal process.
The Company is considering various actions that it may take in response to the Nasdaq Notice in order to provide to Nasdaq the required plan to regain compliance with the continued listing requirements; but, the Company has not currently completed its internal analysis regarding the items to be included in its plan to be submitted to Nasdaq staff.