BIOR

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): January 19, 2023

Biora Therapeutics, Inc.

(Exact name of Registrant as Specified in Its Charter)

Registrant’s Telephone Number, Including Area Code: (833) 727-2841

N/A

(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:

Securities registered pursuant to Section 12(b) of the Act:

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. ☐

On January 19, 2023, Biora Therapeutics, Inc. (the “Company”) received a letter (the “Compliance Letter”) from Nasdaq notifying the Company that (i) the Company’s previously announced bid price deficiency had been cured and (ii) the Company was in compliance with all applicable continued listing standards. Accordingly, the Compliance Letter provided that the Company’s scheduled hearing had been cancelled. As previously disclosed, in December 2022, the Company received a determination from the Listing Qualifications Staff of The Nasdaq Stock Market LLC stating that, due to the Company’s continued bid price deficiency, the Company’s securities were subject to delisting unless the Company timely requested a hearing before the Nasdaq Hearings Panel. The Company’s common stock will continue to be listed and traded on The Nasdaq Global Market.

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 thereunto duly authorized.