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): November 9,
2017
Aemetis,
Inc.
(Exact name of
registrant as specified in its charter)
|
Nevada
|
|
000-51354
|
|
26-1407544
|
|
(State or
other jurisdiction ofincorporation)
|
|
(Commission
File Number)
|
|
(IRS Employer
IdentificationNo.)
|
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 November 9, 2017, Aemetis, Inc.
(the
“Company”)
received a letter from the Listing Qualifications Department of the
Nasdaq Stock Market (“Nasdaq”)
indicating that, based upon the most recent publicly held shares
information and the closing bid price of the Company’s common
stock for the last 30 consecutive business days, the Company did
not meet the minimum market value of publicly held shares
(“MVPHS”)
of $15,000,000 required for continued listing on The Nasdaq Global
Market pursuant to Nasdaq Listing Rule 5450(b)(3)(C). The letter
also indicated that the Company will be provided with a compliance
period of 180 calendar days, or until May 8, 2018, in which to
regain compliance pursuant to Nasdaq Listing Rule 5810(c)(3)(D).
The letter further provided that if, at any time during the 180
calendar day period, the Company’s MVPHS closes at
$15,000,000 or more for a minimum of ten consecutive business days,
Nasdaq will provide the Company with written confirmation of
compliance that it has achieved compliance with the MVPHS
requirement. If the Company does not regain compliance by May 8,
2018, it will receive written notification that the Company’s
common stock is subject to delisting. At that time, the Company may
appeal the delisting determination to a Hearings Panel, which may
provide an exception for the Company to regain compliance with the
MVPHS requirement.
The Company
intends to actively monitor its closing bid price for its common
stock between now and May 8, 2018 and intends to take any
reasonable actions to resolve the Company’s noncompliance
with the MVPHS 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 MVPHS requirement or will otherwise be in
compliance with other Nasdaq listing criteria.
2
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.
|
|
|||
|
|
|
|
|
|
|
AEMETIS, INC.
|
||
|
|
|
||
|
|
By:
|
/s/ Eric A.
McAfee
|
|
|
|
Name:
|
Eric A.
McAfee
|
|
|
|
Title:
|
Chief
Executive Officer
|
|
|
November 15,
2017
|
|
(Principal Executive
Officer)
|
|
3