Report of Foreign Issuer (6-k)
19 February 2016 - 12:39AM
Edgar (US Regulatory)
UNITED STATES
SECURITIES AND EXCHANGE COMMISSION
Washington, D.C.20549
FORM 6-K
REPORT OF FOREIGN PRIVATE ISSUER PURSUANT
TO RULE 13a-16 OR 15d-16 UNDER THE
SECURITIES EXCHANGE ACT OF 1934
For the month of: February 2016
Commission File Number: 000-51116
Ku6 Media Co., Ltd.
(Exact name of registrant as specified in
its charter)
Building 6, Zhengtongchuangyi Centre
No. 18, XibaheXili, Chaoyang District,
Beijing 100028, People’s Republic of China
Fax number: +86 10 5758-6834
(Address of principal executive offices)
Indicate by check mark whether the registrant files or will
file annual reports under cover of Form 20-F or Form 40-F.
Form 20-F x
Form 40-F o
Indicate by check mark if the registrant is submitting the Form 6-K
in paper as permitted by Regulation S-T Rule 101(b)(1): o
Indicate by check mark if the registrant is submitting the Form 6-K
in paper as permitted by Regulation S-T Rule 101(b)(7): o
Indicate by check mark whether the registrant by furnishing
the information contained in this Form is also thereby furnishing the information to the Commission pursuant to Rule 12g3-2(b) under
the Securities Exchange Act of 1934. Yes o No x
If “Yes” is marked, indicate below the file number
assigned to the registrant in connection with Rule 12g3-2(b): 82-N.A.
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.
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Ku6 Media Co., Ltd. |
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By: |
/s/ Jason Ma |
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Name: |
Jason Ma |
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Title: |
Acting Chief Financial Officer |
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Date: February 18, 2016
EXHIBIT INDEX
Exhibit No. |
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Description |
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99.1 |
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Press release |
Exhibit 99.1
Ku6 Media Receives Additional Staff Determination
Letter from NASDAQ
BEIJING,
China, February 18, 2016 — Ku6 Media Co., Ltd. (“Ku6 Media” or the “Company,” NASDAQ: KUTV),
a leading internet video company focused on User Generated Content in China, today announced that it has received a determination
letter from The NASDAQ Stock Market LLC (“NASDAQ”) dated February 17, 2016, indicating that the Company has
failed to regain compliance with the US$1 minimum bid price requirement under NASDAQ Listing
Rule 5450(a)(1) (the “MBP Rule”). The Company was first notified by NASDAQ that it failed to comply with the
MBP Rule on August 18, 2015. In accordance with NASDAQ Listing Rules 5810(c)(3)(A), the Company was provided 180 calendar
days, or until February 16, 2016, to regain compliance with the MBP Rule.
As previously
announced by the Company, on February 10, 2016, it received a determination letter from NASDAQ, indicating that the Company had
also failed to regain compliance with the US$50,000,000 minimum market value requirement under NASDAQ
Listing Rule 5450(b)(2)(A) (the “MVLS Rule”) and the US$15,000,000 minimum market value of publicly held securities
requirement under NASDAQ Listing Rule 5450(b)(2)(C) (the “MVPHS Rule”).
The Company has appealed NASDAQ’s
delisting determination with respect to the MVLS Rule and the MVPHS Rule by requesting a hearing before a Hearing Panel. The
filing of that request stays delisting of the Company’s American Depositary Shares pending the Hearing Panel’s determination.
NASDAQ has notified the Company that the Hearing Panel will consider its failure to regain compliance with respect to the MBP Rule
at the hearing. During the appeal process, the Company’s American Depositary Shares will continue to trade on The Nasdaq
Global Market. There is no assurance that the Hearing Panel will grant the Company’s request for continued listing.
About Ku6 Media Co., Ltd.
Ku6 Media Co., Ltd. (NASDAQ: KUTV)
is a leading internet video company in China focused on User Generated Content (“UGC”). Through its premier online
brand and online video website, www.ku6.com, Ku6 Media provides online video uploading and sharing services, video reports,
information and entertainment in China. For more information about Ku6 Media, please visit http://ir.ku6.com.
Forward-looking
Statements
This news release contains statements of
a forward-looking nature. These statements are made under the “safe harbor” provisions of the U.S. Private Securities
Litigation Reform Act of 1995. You can identify these forward-looking statements by terminology such as “believes,”
“could,” “expects,” “may,” “might,” “should,” “will,” or
“would,” and by similar statements. Forward-looking statements are not historical facts, but instead represent only
the Company’s beliefs regarding future events, many of which, by their nature, are inherently uncertain and outside of its
control. It is possible that the Company’s actual results and financial condition may differ, possibly materially, from the
anticipated results and financial condition indicated in these forward-looking statements. Some of the risks and important factors
that could affect the Company’s future results and financial condition include: continued competitive pressures in China’s
internet video portal market; changes in technology and consumer demand in this market; the risk that Ku6 Media may not be able
to control its expenses in the future; regulatory changes in China with respect to the operations of internet video portal websites;
the ability of the Company to consistently derive revenues from its renewed agreement with Huzhong; the success of Ku6 Media’s
ability to sell advertising and other services on its websites; and other risks outlined in the Company’s filings with the
Securities and Exchange Commission, including the Company’s annual report on Form 20-F. Ku6 Media does not undertake
any obligation to update this forward-looking information, except as required under law.
Contact:
For
further information, please contact:
At
the Company:
Ms. Wendy Xuan
Investor Relations Manager
Telephone: +86-10-5758-6819
ir@ku6.com
INVESTOR RELATIONS:
The Equity Group Inc.
In China
Katherine Yao
Senior Associate
+86-10-6587-6435
kyao@equityny.com
In U.S.
Adam Prior
Senior Vice President
(212) 836-9606
aprior@equityny.com
KU6 Media Co., Ltd. ADS, Each Representing 100 Ordinary Shares (MM) (NASDAQ:KUTV)
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