Biora Therapeutics Inc.

11/15/2024 | Press release | Distributed by Public on 11/15/2024 15:06

Proxy Results Form 8 K

Item 3.01

Notice of Delisting or Failure to Satisfy a Continued Listing Rule or Standard; Transfer of

Listing.

As previously disclosed, on December 11, 2023, Biora Therapeutics, Inc. (the "Company") received written notice from the Listing Qualifications Staff ("Staff") of The Nasdaq Stock Market LLC ("Nasdaq") notifying the Company that, for the 30 consecutive business days ended December 11, 2023, the Company's market value of listed securities ("MVLS") closed below the $50 million MVLS threshold for continued listing on The Nasdaq Global Market under Nasdaq Listing Rule 5450(b)(2)(A) (the "MVLS Rule"). As provided in the Nasdaq rules, the Company was granted 180 calendar days, or until June 10, 2024, to regain compliance with the MVLS Rule. The Company did not regain compliance with the MVLS Rule by June 10, 2024 and, accordingly, on June 11, 2024, the Staff notified the Company that its securities were subject to delisting from Nasdaq unless the Company timely requested a hearing before the Nasdaq Hearing Panel (the "Panel").

The Company timely requested a hearing before the Panel, which request stayed any further action by Nasdaq pending the hearing and the expiration of any extension that may be granted to the Company following the hearing. At the hearing, the Company presented its plan to evidence compliance with all applicable listing criteria, including the MVLS Rule, and requested an extension of time to do so. On November 12, 2024, the Company received written notice from the Staff notifying the Company that the Panel has granted the Company's request for continued listing, subject to demonstrating compliance with the MVLS Rule on or before December 9, 2024. Nasdaq does not have discretion to grant continued listing for noncompliance with the MVLS Rule beyond December 9, 2024. The Company is considering all options available to it to regain compliance with the MVLS Rule; however, there can be no assurance that the Company will be able to evidence compliance within the period of time granted by the Panel.

On November 13, 2024, the Company received written notice form the Staff of Nasdaq notifying the Company that for the 30 consecutive business days ended November 12, 2024, the Company's market value of publicly held shares ("MVPHS") closed below the $15 million MVPHS threshold for continued listing Nasdaq Listing Rule 5450(b)(2)(C) (the "MVPHS Rule"). The Company has a compliance period of 180 days to regain compliance with the MVPHS Rule. However, if the Company has not regained compliance with the MVLS Rule by December 9, 2024 as noted above, it will be subject to delisting notwithstanding the later deadline for compliance with the MVPHS Rule.