Viveon Health Acquisition Corp.

19/07/2024 | Press release | Distributed by Public on 20/07/2024 04:01

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

As disclosed in the Current Report on Form 8-K filed on February 27, 2024, Viveon Health Acquisition Corp. (the "Company"), intended to request that the full NYSE American LLC ("NYSE American")Committee for Review (the "Committee") reconsider the Listing Qualifications Panel decision to delist the Company's Common Stock, Units and Rights (collectively, the "Securities") pursuant to Sections 119(b) and 119(f) of the NYSE American Company Guide because the Company failed to consummate a business combination within 36 months of the effectiveness of its initial public offering registration statement, or such shorter period that the Company specified in its registration statement.

On March 7, 2024, the Company requested that the full Committee reconsider the Panel's decision to delist (the "Appeal Request"). Although trading of the Securities on the NYSE American was suspended, pending the outcome of the appeal, the Securities remained listed on the NYSE American and were trading on the OTC Pink Marketplace maintained by the OTC Markets Group, Inc. (the "OTC Pink Marketplace"). After careful consideration, on July 9 2024, the Company submitted to the NYSE American a withdrawal of the Appeal Request. On July 10, 2024, the NYSE American filed a Form 25 to remove the Company's Securities from listing on the NYSE American. At this time all Securities have been delisted from the NYSE American and will continue to trade on the OTC Pink Marketplace.

The Company is reconfirming its commitment to the previously announced business combination with Clearday, Inc. (CLRD-OTCQX), a San Antonio, Texas-based healthcare services company. The companies have been working diligently on the transaction and intend to complete the business combination in the near future. The parties are focused on completing the business combination and associated financing to support the execution of the business plan and listing on a major stock exchange. There is no guarantee that the initial listing application for the combined company's securities will be approved by a national securities exchange.