Luna Innovations Announces Receipt of Nasdaq Staff Determination Letter
08 October 2024 - 7:30AM
Business Wire
Luna Innovations Incorporated (Nasdaq: LUNA) (the “Company”), a
global leader in advanced fiber optic-based technology, today
announced that on October 1, 2024, it received a staff
determination letter (the “Letter”) from the Listing Qualifications
Department of The Nasdaq Stock Market LLC (“Nasdaq”) notifying the
Company that, due to the Company’s failure to regain compliance
with Nasdaq Listing Rule 5250(c)(1) (the “Listing Rule”), which
requires listed companies to timely file all required periodic
financial reports with the Securities and Exchange Commission (the
“SEC”), Nasdaq has determined (the “Determination”) that the
Company’s securities will be scheduled for delisting from Nasdaq
unless the Company requests an appeal of the determination to a
Hearings Panel (the “Hearings Panel”).
The Letter was issued because the Company has not filed its
Annual Report on Form 10-K for the year ended December 31, 2023,
its Quarterly Report on Form 10-Q for the quarter ended March 31,
2024 or its Quarterly Report on Form 10-Q for the quarter ended
June 30, 2024. Based on materials submitted to Nasdaq by the
Company on April 2, 2024, May 17, 2024 and August 20, 2024, Nasdaq
granted the Company an exception until September 30, 2024, to
regain compliance with the Listing Rule.
The Determination will not result in the immediate suspension of
trading or delisting of the Company’s securities. However, unless
the Company requests an appeal of the Determination by October 8,
2024, trading of the Company’s common stock will be suspended from
The Nasdaq Capital Market at the opening of business on October 10,
2024, and a Form 25-NSE will be filed with the SEC, which will
remove the Company’s securities from listing and registration on
Nasdaq.
The Company plans to appeal the Determination to the Hearings
Panel on or prior to October 10, 2024. The hearing request will
automatically stay the suspension of the Company’s securities for a
period of 15 days from the date of the request. In connection with
its request for a hearing, the Company also intends to request that
the Determination be further stayed pending the hearing process.
According to the Letter, hearings are typically scheduled to occur
approximately 30-45 days after the date of a company’s hearing
request. Following the hearing, the Hearings Panel will issue a
decision, which the Company may further appeal to the Nasdaq
Listing Council for review.
About Luna
Luna Innovations Incorporated (www.lunainc.com) is a leader in
optical technology, providing unique capabilities in
high-performance, fiber optic-based, test products for the
telecommunications industry and distributed fiber optic-based
sensing for a multitude of industries. Luna’s business model is
designed to accelerate the process of bringing new and innovative
technologies to market.
Forward-Looking Statements
The statements in this release that are not historical facts
constitute “forward-looking statements” made pursuant to the safe
harbor provision of the Private Securities Litigation Reform Act of
1995 that involve risks and uncertainties. These statements
include, but are not limited to, statements regarding Nasdaq
suspension and delisting processes. Management cautions the reader
that these forward-looking statements are only predictions and are
subject to a number of both known and unknown risks and
uncertainties, and actual results, performance, and/or achievements
of Luna may differ materially from the future results, performance,
and/or achievements expressed or implied by these forward-looking
statements as a result of a number of factors. These factors
include, without limitation, the investigation being overseen by
the Special Committee of the Board is still ongoing, the
determinations with respect to the degree of transactions and
relevant financial reporting periods implicated thereby, the
resulting effects on the Company’s reported financial results and
the delay in the Company’s reporting of its financial results and
filing of its delinquent reports with the SEC, the possibility that
the Company is unable to regain compliance with, or thereafter
continue to comply with, the Nasdaq Listing Rules, or experience
violations of additional Nasdaq Listing Rules, the possibility that
the Nasdaq may delist the Company’s securities, as well as the
other risks and uncertainties set forth in the sections entitled
“Risk Factors” in the Company’s Quarterly Report on Form 10-Q for
the quarter ended September 30, 2023, as well as in subsequent
filings with the SEC. Such filings are available on the SEC’s
website at www.sec.gov and on Luna’s website at www.lunainc.com.
The statements made in this release are based on information
available to Luna as of the date of this release and Luna
undertakes no obligation to update any of the forward-looking
statements after the date of this release.
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version on businesswire.com: https://www.businesswire.com/news/home/20241007821472/en/
Investor Contact: Allison Woody Luna Innovations
Incorporated Phone: 540.769.8465 Email: woodya@lunainc.com
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