Current Report Filing (8-k)
January 25 2018 - 3:31PM
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): January 25, 2018
REAL GOODS SOLAR, INC.
(Exact Name of Registrant as Specified
in its Charter)
Colorado
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001-34044
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26-1851813
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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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110 16
th
Street, Suite 300,
Denver, CO 80202
(Address of Principal Executive Offices,
Including Zip Code)
Registrant’s telephone number,
including area code: (303) 222-8300
Not Applicable
(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
(see General Instruction A.2. below):
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Written communications pursuant to Rule 425 under the Securities Act (17 CFR 230.425)
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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 communication 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
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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.
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Item 8.01. Other Events.
As previously reported, Real Goods Solar, Inc. (the “Company”)
attended a hearing before a Nasdaq Listing Qualifications Panel (the “Panel”) on December 15, 2016 related to the Company’s
previously reported non-compliance with Nasdaq’s $2,500,000 minimum shareholders’ equity requirement under Nasdaq Listing
Rule 5550(b)(1). On January 26, 2017, the Company received a determination letter from the Panel, dated January 25, 2017, providing
notice to the Company that it had regained compliance with Nasdaq’s minimum shareholders’ equity requirement and as
such is eligible for continued listing on Nasdaq.
The Panel further indicated, however, that the Company was subject
to a “Panel Monitor” as that term is defined under Nasdaq Listing Rule 5815(d)(4)(A), through January 15, 2018. Under
the terms of the Panel Monitor, in the event the Company’s shareholders’ equity fell below the $2,500,000 threshold
(or any other requirement that would ordinarily require the Company to submit a compliance plan to the Nasdaq Staff) during the
monitor period and the Company would not qualify for continued listing under an alternative to the shareholders’ equity requirement.
On January 24, 2018, the Company received a letter from the
Panel, dated January 24, 2018, providing notice to confirm that the Company had regained compliance with the minimum shareholders’
equity rule, as required by the Panel’s decision dated January 25, 2017, and is in compliance with other applicable requirements
as set forth in the decision and required for listing on The Nasdaq Stock Market. Accordingly, the Panel has determined to continue
the listing of the Company’s securities on The Nasdaq Stock Market and is closing this matter.
SIGNATURE
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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REAL GOODS SOLAR, INC.
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By:
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/s/ Alan Fine
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Alan Fine
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Chief Financial Officer
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Date: January 25, 2018