Current Report Filing (8-k)
April 13 2017 - 4:31PM
Edgar (US Regulatory)
UNITED STATES
SECURITIES AND EXCHANGE COMMISSION
WASHINGTON, DC 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):
April 12, 2017
EYEGATE PHARMACEUTICALS, INC.
(Exact name of registrant as specified in
its charter)
Delaware
(State or other jurisdiction of incorporation)
001-36672
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98-0443284
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(Commission File Number)
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(IRS Employer Identification No.)
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271 Waverley Oaks Road
Suite 108
Waltham, MA
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02452
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(Address of principal executive offices)
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(Zip Code)
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(781) 788-9043
(Registrant’s telephone number, including
area code)
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:
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Written communications pursuant to Rule 425 under
the Securities Act (17 CFR 230.425)
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o
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Soliciting material pursuant to Rule 14a-12 under
the Exchange Act (17 CFR 240.14a-12)
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Pre-commencement communications pursuant to Rule 14d-2(b) under
the Exchange Act (17 CFR 240.14d-2(b))
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Pre-commencement communications pursuant to Rule 13e-4(c) under
the Exchange Act (17 CFR 240.13e-4(c))
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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
x
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.
x
Item 3.01.
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Notice of Delisting or Failure to Satisfy a Continued Listing Rule or Standard
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On April 12, 2017, EyeGate Pharmaceuticals,
Inc. (the “Company”) received a letter from the Listing Qualifications Department of The Nasdaq Stock Market, LLC (“NASDAQ”),
notifying the Company that as of April 5, 2017, the Company was
not in
compliance with NASDAQ Listing Rule 5550(b)(1), as the Company did not maintain a minimum required stockholders’ equity of
$2.5 million, or NASDAQ Listing Rule 5550(b)(2), as the market value of the Company’s listed securities (“MVLS”)
was below the minimum $35 million for the previous 30 consecutive business days, or NASDAQ Listing Rule 5550(b)(3), as the Company
had not had net income from continuing operations in the latest fiscal year or in two of the last three fiscal years. In accordance
with Nasdaq Listing Rule 5810(c)(3)(C), the Company has a period of 180 calendar days, or until
October 2, 2017
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to regain compliance with the Rule. To regain compliance, at any time during the 180 calendar day-compliance period the Company’s
MVLS must close at $35 million or more for a minimum of 10 consecutive business days or the Company must report stockholders' equity
of at least $2.5 million
. The notice has no present impact on the listing of the Company’s securities on NASDAQ.
In the event that the Company does not regain
compliance with either Listing
Rule 5550(b)(1) or
Listing Rule
5550(b)(2) prior to the expiration of the compliance period, it will receive written notification that its securities are subject
to delisting. At that time, the Company may appeal the delisting determination to a hearings panel pursuant to the procedures set
forth in the applicable Nasdaq Listing Rules.
The Company intends to actively monitor
its market value of listed securities between now and October 2, 2017, and will consider available options to resolve the deficiency
and regain compliance with Listing Rule 5550(b).
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 thereunto duly authorized.
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EYEGATE PHARMACEUTICALS, INC.
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By:
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/s/ Stephen From
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Stephen From
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President and Chief Executive Officer
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Date: April 13, 2017
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