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EX-99.1 - PRESS RELEASE - COSI INCco24078445-ex99_1.htm
UNITED STATES
SECURITIES AND EXCHANGE COMMISSION
WASHINGTON, DC 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 18, 2015

Cosi, Inc.
(Exact Name of Registrant as Specified in Its Charter)


Delaware
000-50052
06-1393745
(State or Other Jurisdiction of Incorporation)
(Commission File Number)
(IRS Employer Identification No.)


294 Washington Street, Suite 510; Boston, Massachusetts
02108
(Address of Principal Executive Offices)
(Zip Code)


Registrant’s telephone number, including area code:   (857) 415-5000



(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):

    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 3.01.    Notice of Delisting or Failure to Satisfy a Continued Listing Rule or Standard; Transfer of Listing.
 
On November 18, 2015, Cosi, Inc. (the “Company”) received notice from the Listing Qualifications Department of the Nasdaq Stock Market indicating that, for the last 30 consecutive business days, the bid price of the Company’s common stock had closed below the minimum $1.00 per share required for continued inclusion on The Nasdaq Capital Market under Nasdaq Listing Rule 5550(a)(2). The notification letter states that the Company will be afforded 180 calendar days, or until May 16, 2016, to regain compliance with the minimum bid price requirement.  In order to regain compliance, shares of the Company’s common stock must maintain a minimum bid closing price of at least $1.00 per share for a minimum of ten consecutive business days.  The Company intends to actively monitor the bid price for its common stock between now and May 16, 2016, and will consider all available options to resolve the deficiency and regain compliance with the Nasdaq minimum bid price requirement.

On November 24, 2015, the Company issued a press release announcing the receipt of the notice from Nasdaq.  A copy of the press release is attached hereto as Exhibit 99.1 and is incorporated herein by reference.

                        
Item 9.01.    Financial Statements and Exhibits.
     
(d)
 
Exhibits.
 
 
 
99.1
 
Press Release of Cosi, Inc., dated November 24, 2015.




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.
Date:  November 24, 2015.
  COSI, INC.  
       
By:
/s/ Vicki Baue  
    Name: Vicki Baue  
    Title: V. P. & General Counsel, CCO  
       
 

EXHIBIT INDEX
 
Exhibit No.
Description
Paper (P) or
Electronic (E)
     
99.1
Press Release of Cosi, Inc., dated November 24, 2015.
E