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): October 26, 2017 

Argos Therapeutics, Inc.

(Exact Name of Registrant as Specified in Charter)

Registrant’s telephone number, including area code: (919) 287-6300

(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:

Indicate by check mark whether the registrant is an emerging growth company as defined in 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.  

(a)

On October 26, 2017, Argos Therapeutics, Inc. (the “Company”) received a letter from the Listing Qualifications Department (the “Staff”) of The NASDAQ Stock Market LLC (“Nasdaq”) indicating that (i) the Company has not regained compliance with the minimum $50,000,000 market value of listed securities requirement for continued listing on The Nasdaq Global Market (the “MVLS Requirement”), and (ii) unless the Company requests a hearing before a Nasdaq Hearing Panel (“Panel”), trading of the Company’s common stock will be suspended at the opening of business on November 6, 2017.

Accordingly, the Company intends to request a hearing before a Panel at which it will request continued listing pending its return to compliance. The Company’s hearing request will stay the suspension of trading and delisting of the Company’s common stock pending the conclusion of the hearing process  and the expiration of any additional extension period granted by the Panel. Consequently, the Company’s common stock will remain listed on The Nasdaq Global Market at least until the Panel renders a decision following the hearing.

As previously reported, on April 28, 2017, the Staff notified the Company that it had not been in compliance with the MVLS Requirement for 10 consecutive business days and indicated that the Company would have a compliance period of 180 calendar days, or until October 25, 2017, to regain compliance with the MVLS Requirement.

Also as previously reported, on May 2, 2017, the Staff notified the Company that, based on the closing bid price of the Company’s common stock for the 30 consecutive business days prior to May 2, 2017, the Company no longer satisfied the requirement for continued listing on The Nasdaq Global Market that the Company maintain a minimum bid price of $1.00 per share, and indicated that the Company has 180 calendar days, or until October 30, 2017, to regain compliance with the minimum bid price requirement for continued listing.

In addition, as previously reported, on May 9, 2017, the Staff notified the Company that it was not in compliance with the minimum $15,000,000 market value of publicly held shares requirement for continued listing on The Nasdaq Global Market, and that the Company has 180 calendar days, or until November 6, 2017, to regain compliance with the market value of publicly held shares requirement for continued listing.

In connection with the hearing, the Company may ask the Panel to transfer its listing to The Nasdaq Capital Market pursuant to a listing “exception.” In such an event, the applicable continued listing requirements would be a market value of publicly held shares of $1,000,000, which the Company currently meets, a $1.00 per share bid price and a market value of listed securities of $35,000,000 or, alternatively, $2,500,000 in stockholders’ equity. In the event the Panel were to grant a request to transfer to The Nasdaq Capital Market, the maximum extension period that could be granted would run through April 24, 2018.

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.

DATED: October 27, 2017