AIM ImmunoTech Announces Notification of Noncompliance with Additional NYSE American Continued Listing Standards
December 17 2024 - 4:45PM
AIM ImmunoTech Inc. (NYSE American:
AIM) (“AIM” or the “Company”), announced today that
it received a notice (the “Notice”) from the NYSE American LLC (the
“NYSE American”) dated December 11, 2024, notifying the Company
that it is no longer in compliance with NYSE American continued
listing standards. This is an issue previously disclosed in our
most recent Report on Form 10-Q. Specifically, the letter states
that the Company is not in compliance with the continued listing
standards set forth in Sections 1003(a)(ii) and 1003(a)(iii) of the
NYSE American Company Guide (the “Company Guide”). Section
1003(a)(ii) requires a listed company to have stockholders’ equity
of $4 million or more if the listed company has reported losses
from continuing operations and/or net losses in three of its four
most recent fiscal years. Section 1003(a)(iii) requires a listed
company to have stockholders’ equity of $6 million or more if the
listed company has reported losses from continuing operations
and/or net losses in its five most recent fiscal years. The Company
has reported losses from continuing operations and/or net losses in
its five most recent fiscal years.
The Notice has no immediate impact on
the listing of the Company’s shares of common stock, par
value $0.001 per share (the “Common Stock”), which will continue to
be listed and traded on the NYSE American during the period in
which the Company implements its plan to become compliant with
these NYSE American continued listing standards, subject to the
Company’s compliance with the other listing requirements of the
NYSE American. The Common Stock will continue to trade under the
symbol “AIM”, but will have an added designation of “.BC” to
indicate the status of the Common Stock as “below compliance”. The
Notice does not affect the Company’s ongoing business operations or
its reporting requirements with the Securities and Exchange
Commission.
The Company must submit a plan of compliance
(the “Plan”) by January 10, 2025, addressing how it intends to
regain compliance with Sections 1003(a)(ii) and (iii) of the
Company Guide by June 11, 2026. The Company has begun to prepare
its Plan for submission to the NYSE American by the January 10,
2025 deadline.
If the NYSE American accepts the Company’s Plan,
the Company will be able to continue its listing during its
implementation of the Plan and will be subject to continued
periodic review by the NYSE American staff. If the Plan is not
submitted, or not accepted, or is accepted but the Company is not
in compliance with the continued listing standards by June 11,
2026, or if the Company does not make progress consistent with the
Plan during such period, the Company will be subject to delisting
procedures as set forth in the Company Guide. The Company may
appeal a staff delisting determination in accordance with Section
1010 and Part 12 of the Company Guide.
About AIM ImmunoTech Inc.
AIM ImmunoTech Inc. is an immuno-pharma company
focused on the research and development of therapeutics to treat
multiple types of cancers, immune disorders and viral diseases,
including COVID-19. The Company’s lead product is a first-in-class
investigational drug called Ampligen® (rintatolimod), a dsRNA and
highly selective TLR3 agonist immuno-modulator with broad spectrum
activity in clinical trials for globally important cancers, viral
diseases and disorders of the immune system.
For more information, please visit aimimmuno.com and connect
with the Company on X, LinkedIn, and Facebook.
Cautionary Statement
This press release contains forward-looking
statements within the meaning of the Private Securities Litigation
Reform Act of 1995 (the “PSLRA”). Words such as “may,” “will,”
“expect,” “plan,” “anticipate,” “continue,” “believe,” “potential,”
“upcoming” and other variations thereon and similar expressions (as
well as other words or expressions referencing future events or
circumstances) are intended to identify forward-looking statements.
Many of these forward-looking statements involve a number of risks
and uncertainties. There can be no assurance that the Company will
be able to achieve compliance with the NYSE American’s continued
listing standards within the required timeframe. The Company urges
investors to consider specifically the various risk factors
identified in its most recent Form 10-K, and any risk factors or
cautionary statements included in any subsequent Form 10-Q or Form
8-K, filed with the U.S. Securities and Exchange Commission. You
are cautioned not to place undue reliance on these forward-looking
statements, which speak only as of the date of this press release.
Among other things, for those statements, the Company claims the
protection of the safe harbor for forward-looking statements
contained in the PSLRA. The Company does not undertake to update
any of these forward-looking statements to reflect events or
circumstances that occur after the date hereof.
CONTACT: Investor Contact: JTC Team, LLC Jenene Thomas (833) 475-8247 AIM@jtcir.com
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