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): October 5,
2017
Aemetis, Inc.
(Exact name of registrant as specified in its charter)
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Nevada
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000-51354
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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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(IRS Employer Identification
No.)
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20400 Stevens Creek Blvd., Suite 700
Cupertino, CA 95014
(Address of principal executive offices) (Zip
Code)
Registrant's telephone number, including area
code:
(408) 213-0940
(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:
☐ 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))
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 a Continued Listing Rule or
Standard; Transfer of Listing.
On October 5, 2017, 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). The letter
also indicated that the Company will be provided with a compliance
period of 180 calendar days, or until April 3, 2018, 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 April 3, 2018, an additional 180 days may be granted
to regain compliance if the Company (i) 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 (ii) 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 April 3, 2018 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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By:
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/s/
Eric A. McAfee
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Name:
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Eric
A. McAfee
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Title:
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Chief
Executive Officer
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October
6, 2017
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(Principal Executive Officer)
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