Current Report Filing (8-k)
April 14 2017 - 4:32PM
Edgar (US Regulatory)
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
April
13, 2017
Date
of Report (Date of Earliest Event Reported)
UNI-PIXEL,
INC.
(Exact
Name of Small Business Issuer as Specified in Its Charter)
DELAWARE
|
|
001-34998
|
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75-2926437
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(State
or Other Jurisdiction of
Incorporation
or Organization)
|
|
(Commission
File Number)
|
|
(I.R.S.
Employer
Identification
No.)
|
4699
Old Ironsides Drive, Suite 300
Santa
Clara, California 95054
(Address
of Principal Executive Offices)
(281)
825-4500
(Issuer’s
Telephone Number, Including Area Code)
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
April 13, 2017, Uni-Pixel, Inc. (the “Company”) received a deficiency letter from the Listing Qualifications Department
(the “Staff”) of the Nasdaq Stock Market notifying the Company that, for the prior 30 consecutive business days, the
bid price for the Company’s common stock had closed below the minimum $1.00 per share requirement for continued inclusion
on the Nasdaq Capital Market pursuant to Nasdaq Listing Rule 5550(a)(2) (the “Rule”). The notice has no immediate
effect on the listing or trading of the Company’s common stock and the common stock will continue to trade on The Nasdaq
Capital Market under the symbol “UNXL” at this time.
In
accordance with Nasdaq Listing Rule 5810(c)(3)(A), the Company has been given 180 calendar days, or until October 10, 2017 to
regain compliance with the Rule. If, at any time before October 10, 2017, the bid price for the Company’s common stock closes
at $1.00 or more for a minimum of 10 consecutive business days as required under Nasdaq Listing Rule 5810(c)(3)(A), the Staff
will provide written notification to the Company that it complies with the Rule. If the Company does not regain compliance with
the Rule by October 10, 2017, but meets the Nasdaq Capital Market initial inclusion criteria set forth in Nasdaq Listing Rule
5505, except for the $1.00 per share bid price requirement, the Company may be granted an additional 180 calendar day compliance
period. The Company intends to actively monitor the bid price for its common stock between now and October 10, 2017, and will
consider all available options to resolve the deficiency and regain compliance with the Nasdaq minimum bid price requirement.
If
the Company does not regain compliance with the Rule by October 10, 2017 and is not eligible for an additional compliance period
at that time, the Staff will provide written notification to the Company that its common stock may be delisted. At that time,
the Company may appeal the Staff’s delisting determination to a Nasdaq Listing Qualifications Panel (“Panel”).
The Company would remain listed pending the Panel’s decision. There can be no assurance that, if the Company does appeal
a subsequent delisting determination by the Staff to the Panel, that such appeal would be successful.
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.
Date:
April 14, 2017
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By:
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/s/
Christine Russell
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Christine
Russell, Chief Financial Officer
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