Current Report Filing (8-k)
October 20 2020 - 4:15PM
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): October 16, 2020
YOUNGEVITY INTERNATIONAL, INC.
(Exact
name of registrant as specified in its charter)
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Delaware
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001-38116
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90-0890517
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(State
or other jurisdiction of incorporation)
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(Commission
File No.)
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(IRS
Employer Identification No.)
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2400 Boswell Road, Chula Vista, CA 91914
(Address
of principal executive offices) (Zip Code)
Registrant’s
telephone number, including area code: (619) 934-3980
N/A
(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))
Securities
registered pursuant to Section 12(b) of the Act:
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Title of each class
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Trading Symbol(s)
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Name of each exchange on which registered
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Common
Stock
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YGYI
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The
Nasdaq Capital Market
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Series
D Preferred Stock
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YGYIP
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The
Nasdaq Capital Market
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Indicate
by check mark whether the registrant is an emerging growth company
as defined in 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 checkmark 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
On
October 16, 2020, Youngevity International, Inc. (the
“Company”) received a notification letter from the
Nasdaq Hearing Panel (the “Panel”) of The Nasdaq Stock
Market LLC (“Nasdaq”) stating that the Panel had
granted the Company’s request to extend the automatic 15-day
stay of suspension from Nasdaq pending the hearing scheduled with
the Panel for November 5, 2020 and a final determination regarding
the Company’s listing status. The Panel decision maintains
the status quo of the Company’s shares pending the
hearing.
On
September 29, 2020, Nasdaq staff notified the Company that it had
determined to delist it as the Company had failed to comply with
Nasdaq’s filing requirements set forth in Listing Rule
Listing Rule 5250(c)(1) because it had not filed its Form 10-K for
the year ended December 31, 2019, and Forms 10-Q for the periods
ended March 31, 2020 and June 30, 2020.
On
October 6, 2020, the Company appealed the delisting determinations
to the Panel, and requested that the stay of delisting, which
otherwise would expire on October 21, 2020, pursuant to Nasdaq Rule
5815(a)(1)(B), be extended until the Panel issued a final decision
on the matter. By letter dated October 16, 2020, the Panel granted
the Company’s request to extend the stay of suspension
pending the hearing on November 5, 2020 and issuance of a final
Panel decision.
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.
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YOUNGEVITY
INTERNATIONAL, INC.
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Date:
October 20, 2020
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By:
/s/ David
Briskie
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Name:
David Briskie
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Title:
President and Chief Financial Officer
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