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):     July 21, 2016

Lucas Energy, Inc.

(Exact name of registrant as specified in its charter)

Nevada 001-32508 20-2660243
(State or other jurisdiction of incorporation) (Commission File Number) (I.R.S. Employer Identification No.)
     
450 Gears Road, Suite 860, Houston, Texas 77067
(Address of principal executive offices) (Zip Code)

Registrant’s telephone number, including area code (713) 528-1881

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))

 

 
 

ITEM 3.01

NOTICE OF DELISTING OF FAILURE TO SATISFY A CONTINUED LISTING RULE OR STANDARD; TRANSFER OF LISTING.

On July 21, 2016, Lucas Energy, Inc. (the “ Company ”) received notice from the NYSE MKT (the “ Exchange ”) that the Company is not in compliance with certain of the Exchange’s continued listing standards as set forth in Part 10 of the NYSE MKT Company Guide (the “ Company Guide ”). Specifically, the Company is not in compliance with Sections 1003(a)(ii) and (iii) of the Company Guide because the Company did not have stockholders’ equity over $4 million (required if an Exchange listed company has had losses from continuing operations and/or net losses in three of its last four fiscal years, as the Company did) or over $6 million (required if an Exchange listed company has had losses from continuing operations and/or net losses in its five most recent fiscal years, as the Company did), as of March 31, 2016 (the Company reported stockholders’ equity of only $2.4 million and has reported losses from operations in its five most recent fiscal years).

In order to maintain its listing on the Exchange, the Exchange has requested that the Company submit a plan of compliance (the “ Plan ”) by August 21, 2016 addressing how the Company intends to regain compliance with Sections 1003(a)(ii) and (iii) of the Company Guide by January 21, 2018.

As of the date hereof, the Company’s management has determined to submit a Plan to the Exchange by the August 21, 2016 deadline.  If the Exchange accepts the Company’s plan, the Company will be able to continue its listing during the plan period and will be subject to continued periodic review by the Exchange staff.  If the Plan is not accepted or is accepted but the Company does not make progress consistent with the Plan during the plan period, the Company will be subject to delisting procedures as set forth in the Company Guide. There can be no assurance that the Company will be able to achieve compliance with the Exchange’s continued listing standards within the required time frame.

ITEM 7.01  

REGULATION FD DISCLOSURE.

The Company issued a press release on July 22, 2016, announcing that it had received notice from the Exchange indicating that it does not satisfy the continued listing standards of the Exchange. A copy of the press release is furnished herewith as Exhibit 99.1 and is incorporated by reference herein.

In accordance with General Instruction B.2 of Form 8-K, the information presented herein under Item 7.01 and set forth in the attached Exhibit 99.1 is deemed to be “ furnished ” and shall not be deemed “ filed ” for purposes of Section 18 of the Securities Exchange Act of 1934, as amended, or otherwise subject to the liabilities of that section, nor shall such information and Exhibit be deemed incorporated by reference into any filing under the Securities Act of 1933 or the Securities Exchange Act of 1934, each as amended.

ITEM 9.01  

FINANCIAL STATEMENTS AND EXHIBITS.

 

Exhibit No. Description
   
99.1 Press Release dated July 22, 2016

 

 
 

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.

  LUCAS ENERGY, INC.
     
  By: /s/ Anthony C. Schnur
  Name: Anthony C. Schnur
  Title: Chief Executive Officer
     
  July 22, 2016

 

 
 

EXHIBIT INDEX

Exhibit No. Description
   
99.1 Press Release dated July 22, 2016

 

 

 

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