Current Report Filing (8-k)
November 29 2018 - 4:03PM
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): November 29, 2018
CYTRX
CORPORATION
(Exact
name of registrant as specified in its charter)
Delaware
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000-15327
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58-1642740
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(State
or other jurisdiction
of incorporation)
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(Commission
File Number)
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(IRS
Employer
Identification No.)
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11726
San Vicente Boulevard, Suite 650
Los
Angeles, California 90049
(Address
of principal executive offices) (Zip Code)
Registrant's
telephone number, including area code:
(310) 826-5648
None
(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:
[ ]
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Written
communications pursuant to Rule 425 under the Securities Act (17 CFR 230.425)
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[ ]
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Soliciting
material pursuant to Rule 14a-12 under the Exchange Act (17 CFR 240.14a-12)
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[ ]
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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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[ ]
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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 [ ]
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
3.01 Notice of Delisting or Failure to Satisfy Listing Rule or Standard; transfer of Listing
On
November 23, 2018, CytRx Corporation (“we,” “our,” “us,” “CytRx,” or the “Company”)
received notice from The Nasdaq Stock Market (“Nasdaq”) that the closing bid for our common stock had been below $1.00
for the previous 30 consecutive business days, and that we are therefore not in compliance with the minimum bid price requirement
for continued inclusion on the The Nasdaq Capital Market under Nasdaq Listing Rule 5550(a)(2). The notice indicates that we will
have 180 calendar days, or until May 22, 2019, to regain compliance with this requirement.
We
can regain compliance with the $1.00 minimum bid listing requirement if the closing bid price of our common stock is at least
$1.00 for a minimum of ten consecutive business days during the 180-day compliance period. If we do not regain compliance during
the initial compliance period, we may be eligible for additional time to regain compliance. To qualify, we will be required to
meet the continued listing requirement for market value of our publicly held shares and all other Nasdaq initial listing standards,
except the bid price requirement, and will need to provide written notice to Nasdaq of our intention to cure the deficiency during
the second compliance period. If we meet these requirements, we expect that Nasdaq will grant us an additional 180 calendar days
to regain compliance with the minimum bid price requirement. If it appears to Nasdaq that we will not be able to cure the deficiency,
or if we are otherwise not eligible, we expect that Nasdaq will notify us that our common stock will be subject to delisting.
###
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 hereunder duly authorized.
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CYTRX
CORPORATION
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Date:
November 29, 2018
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By:
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/s/
JOHN Y. CALOZ
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Name:
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John Y. Caloz
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Title:
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Chief Financial Officer
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