Exicure, Inc. Received Nasdaq Notice of a Delisting Determination
23 Maggio 2024 - 10:01PM
Business Wire
Exicure, Inc. (“Exicure” or the “Company”) (Nasdaq: XCUR),
announced today it received notice of a delisting determination
(the “Staff Delisting Determination”) from the Listing
Qualifications Department of The Nasdaq Stock Market LLC
(“Nasdaq”). The Staff Delisting Determination notified the Company
that since it has not yet filed its Form 10-K for the year ended
December 31, 2023 (the “Form 10-K”) per Nasdaq Listing Rule
5250(c)(1) (the “Rule”) by Nasdaq’s extended deadline of May 20,
2024 pursuant to the previously granted exception, trading of the
Company’s common stock would be suspended from The Nasdaq Capital
Market at the opening of business on May 30, 2024, unless the
Company requests an appeal of the Staff Delisting Determination by
May 28, 2024. In addition, unless an appeal is timely requested, a
Form 25-NSE would be filed with the Securities and Exchange
Commission (the “SEC”), which would remove the Company’s securities
from listing and registration on Nasdaq. In addition to the
delinquency related to the Form 10-K, the Staff Delisting
Determination noted the Company’s delinquency under the Rule
because of its failure to file its Form 10-Q for the first quarter
of 2024 (the “Q1 Form 10-Q”) and the Company’s continued
delinquency under Rule 5620 because it has not held its 2023 Annual
Meeting of Stockholders, each as an additional and separate basis
for delisting that should be addressed in any appeal.
The Company intends to file an appeal to Nasdaq’s Hearings Panel
by the May 28, 2024 deadline and subsequently submit its plan to
regain compliance with all applicable listing requirements. This
request for an appeal, if timely submitted, would automatically
stay the suspension of trading in the Company’s securities for a
period of 15 days from the date of the request. The Company intends
to seek an extended stay pending the hearing, although no assurance
can be provided that such an extension would be granted.
The Company’s management is working diligently to complete the
Form 10-K and Q1 Form 10-Q and intends to file the Form 10-K and Q1
Form 10-Q as soon as practicable.
About Exicure
Exicure, Inc. has historically been an early-stage biotechnology
company focused on developing nucleic acid therapies targeting
ribonucleic acid against validated targets. Following its recent
restructuring and suspension of clinical and development
activities, the Company is exploring strategic alternatives to
maximize stockholder value, both with respect to its historical
biotechnology assets and more broadly. For further information, see
www.exicuretx.com.
Forward-Looking Statements
This press release includes “forward-looking statements” within
the meaning of the safe harbor provisions of the United States
Private Securities Litigation Reform Act of 1995, including
statements regarding the filing of our Form 10-K and Q1 Form 10-Q,
the holding of our Combined Annual Meeting, our intention to appeal
the Staff Delisting Determination and seek an extended stay, and
the outcome of our appeal and the timing of the stay.
Forward-looking statements involve known and unknown risks,
uncertainties and other factors that may cause actual outcomes to
differ materially from the outcomes expressed or implied by this
report. Such risks include, among others, the possibility of
unanticipated delays that will prevent the filing of the Form 10-K
and/or Q1 Form 10-Q or the holding of our Combined Annual Meeting,
the risk that the work necessary to complete the filings is greater
than anticipated or may involve the resolution of additional issues
identified during the review process, the outcome of the Company’s
appeal of the Staff Delisting Determination and request for an
extended stay, the risk that the Company may not respond adequately
to further inquiries from Nasdaq relating to the appeal or other
matters Nasdaq may raise related to the Company’s compliance with
listing requirements, and the risk that Nasdaq will not accept any
plan to regain compliance and will delist the Company's common
stock. All such factors are difficult to predict and may be beyond
the Company’s control. The Company undertakes no obligation and
does not intend to update or revise any forward-looking statements
contained herein, except as required by law or regulation. You are
cautioned not to place undue reliance on these forward-looking
statements, which speak only as of the date of this report.
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version on businesswire.com: https://www.businesswire.com/news/home/20240523748164/en/
Josh Miller 847-673-1700 media@exicuretx.com
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