Current Report Filing (8-k)
February 05 2020 - 4:16PM
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 31,
2020
AEMETIS, INC.
(Exact name of registrant as specified in its charter)
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Nevada
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001-36475
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26-1407544
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(State or Other Jurisdiction
of Incorporation)
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(Commission
File Number)
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(I.R.S. Employer
Identification No.)
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20400 Stevens Creek Blvd., Suite 700
Cupertino, California 95014
(Address of Principal Executive Office) (Zip Code)
(408) 213-0940
(Registrant’s telephone number, including area
code)
N/A
(Former name or former address, if changed since last
report)
Title of class of registered securities
Common Stock, par value $0.001 per share
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Ticker Symbol
AMTX
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Name of exchange on which registered
NASDAQ
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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):
☐
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))
Item 5.02. Departure of Directors
or Certain Officers; Election of Directors; Appointment of Certain
Officers; Compensatory Arrangements of Certain
Officers.
On January 31, 2020, Dr. Steven Hutcheson notified the Company of
his decision to resign as a member of the Board of Directors of the
Company, effective immediately. Dr. Hutcheson’s decision to
resign was not the result of any disagreement with the Company on
any matter relating to the Company’s operations, policies or
practices. Upon his resignation,
Dr. Hutcheson will be joining the Company’s Advisory Board as
its inaugural member and will continue to provide advice to the
Company in its ongoing growth and strategic planning
initiatives.
Item 3.01. Failure to Satisfy a Continued
Listing Rule or Standards
On January 31, 2020, Aemetis, Inc. (the
“Company”) received a letter from
the Listing Qualifications Department of the Nasdaq Stock Market
(“Nasdaq”) indicating that, based upon the closing bid
price of the Company’s common stock for the last
30 consecutive business days, the Company did not meet the
minimum bid price of $1.00 per share required for continued listing
on The Nasdaq Global Market pursuant to Nasdaq Listing
Rule 5450(a)(1). A delisting notice has not been received, and
the letter indicated that the Company will be provided with a
compliance period of 180 calendar days, or until July 29,
2020, in which to regain compliance pursuant to Nasdaq Listing
Rule 5810(c)(3)(A). The letter further provided that if, at
any time during the 180-day period, the closing bid price
of the Company’s common stock is at least $1.00 for a minimum
of ten consecutive business days, Nasdaq will provide the Company
with written confirmation that it has achieved compliance with the
minimum bid price requirement. If the Company does not regain
compliance by July 29, 2020, an additional 180 days may be granted
to regain compliance if the Company (i) submits an on-line Transfer
Application and related application fees, (ii) meets the
continued listing requirement for market value of publicly held
shares and all other initial listing standards for The Nasdaq
Capital Market (except for the bid price requirement) and
(iii) provides written notice of its intention to cure the
deficiency during the second 180-day compliance
period.
The Company intends to actively monitor its closing bid price for
its common stock between now and July 29, 2020, and intends to take
any reasonable actions to resolve the Company’s noncompliance
with the minimum bid price requirement as may be necessary. No
determination regarding the Company’s response has been made
at this time. There can be no assurance that the Company will be
able to regain compliance with the minimum bid price requirement or
will otherwise be in compliance with other Nasdaq listing
criteria.
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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Aemetis, Inc.
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February
5, 2020
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By:
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/s/ Eric
A. McAfee
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Eric A. McAfee
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Chief Executive Officer
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