Current Report Filing (8-k)
March 23 2018 - 12:13PM
Edgar (US Regulatory)
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): March 23, 2018
XBIOTECH INC.
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(Exact name of Registrant as specified in its charter)
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British Columbia, Canada
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(State of Incorporation)
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001-37347
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(Commission File Number)
N/A
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(I.R.S. Employer Identification No.)
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8201 E Riverside Dr. Bldg 4, Ste 100
Austin, Texas
(Address of principal executive offices)
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78744
(Zip Code)
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(512) 386-2900
(Registrant’s telephone number, including
area code)
(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 CFR 230.425)
☐ Soliciting material
pursuant to Rule 14a-12 under the Exchange Act (17 CFR 240.14a-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))
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 8.01 Other Events.
Upon election of Mr. Donald H. MacAdam to the Company’s
Board of Directors and Audit Committee, as referenced in the Company’s Form 8-K filing on March 22, 2018, the Company rececived
a letter from the NASDAQ Listing Qualifications Department (“NLQD”) dated March 23, 2018, which informed the Company
that it has regained compliance with NASDAQ’s audit committee requirements as set forth in Listing Rule 5605(c)(2), and is
no longer subject to the cure period set forth in the Letter from NASDAQ dated November 9, 2017 and referenced in the Company’s
Form 10-Q filing on that same day. Therefore, the Company has fully regained compliance with NASDAQ’s Listing Rules and is
not subject to any futher requirements at this time.
This Form 8-K contains forward-looking
statements, including declarations regarding management's beliefs and expectations, that involve substantial risks and uncertainties.
In some cases, you can identify forward-looking statements by terminology such as “may,” “will,” “should,”
“would,” “could,” “expects,” “plans,” “contemplate,” “anticipates,”
“believes,” “estimates,” “predicts,” “projects,” “intend” or “continue”
or the negative of such terms or other comparable terminology, although not all forward-looking statements contain these identifying
words. Forward-looking statements are subject to inherent risks and uncertainties in predicting future results and conditions that
could cause the actual results to differ materially from those projected in these forward-looking statements. These risks and uncertainties
are subject to the disclosures set forth in "Risk Factors" in our SEC filings.
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.
Date: March 23, 2018
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XBIOTECH INC.
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By:
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/s/John Simard
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John Simard
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Chief Executive Officer and President
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