Current Report Filing (8-k)
21 April 2020 - 6:06AM
Edgar (US Regulatory)
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): April 17, 2020
ADVAXIS,
INC.
|
(Exact
name of registrant as specified in its charter)
|
Delaware
|
|
001-36138
|
|
02-0563870
|
(State
or other jurisdiction
of
incorporation)
|
|
(Commission
File
Number)
|
|
(IRS
Employer
Identification
No.)
|
305
College Road East
Princeton,
New Jersey
|
|
08540
|
(Address
of principal executive offices)
|
|
(Zip
Code)
|
Registrant’s
telephone number, including area code: (609) 452-9813
|
(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 (see General Instruction A.2. below):
[ ]
|
Written
communications pursuant to Rule 425 under the Securities Act (17 CFR 230.425)
|
|
|
[ ]
|
Soliciting
material pursuant to Rule 14a-12 under the Exchange Act (17 CFR 240.14a-12)
|
|
|
[ ]
|
Pre-commencement
communications pursuant to Rule 14d-2(b) under the Exchange Act (17 CFR 240.14d-2(b))
|
|
|
[ ]
|
Pre-commencement
communications pursuant to Rule 13e-4(c) under the Exchange Act (17 CFR 240.13e-4(c))
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Securities
registered pursuant to Section 12(b) of the Act:
Title
of each class
|
|
Trading
Symbol(s)
|
|
Name
of each exchange on which registered
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Common
stock, par value $0.001 per share
|
|
ADXS
|
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Nasdaq
Global Select Market
|
Indicate
by check mark whether the registrant is an emerging growth company as defined in 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. [ ]
Item
3.01
|
Notice
of Delisting or Failure to Satisfy a Continued Listing Rule or Standard; Transfer of Listing
|
As
previously disclosed on its Current Report on Form 8-K filed on April 10, 2020, Advaxis, Inc. (“Advaxis”) received
written notice from the staff (the “Staff”) of the Listing Qualifications Department of The Nasdaq Stock Market (“Nasdaq”)
indicating that Advaxis was not in compliance with Nasdaq Listing Rule 5450(a)(1) because the closing bid price for Advaxis’
common stock had closed below $1.00 per share for the previous 30 consecutive business days (the “bid-price requirement”).
On April 17, 2020, Advaxis received a letter (“New Notice”) from the Staff of the Nasdaq indicating that, due to extraordinary
market conditions, Nasdaq has tolled the compliance period for the bid-price requirement through June 30, 2020 (the “tolling
period”) and that on April 16, 2020 (the “Rule Change Date”), Nasdaq filed an immediately effective rule change
with the SEC to implement the tolling period. The New Notice indicates that upon expiration of the tolling period and beginning
on July 1, 2020, Advaxis will receive the balance of days remaining under its currently pending compliance period in effect at
the Rule Change Date.
Accordingly,
upon expiration of the tolling period and beginning on July 1, 2020, Advaxis will then have 172 calendar days from July 1, 2020,
or until December 21, 2020, to regain compliance with the bid-price requirement. To regain compliance, the closing bid price of
Advaxis’ common stock must meet or exceed $1.00 per share for a minimum of 10 consecutive business days during either the
tolling period or during the 172 calendar days following the tolling period, unless the Staff exercises its discretion to extend
this 10 business day period pursuant to Nasdaq Listing Rule 5810(c)(3)(F).
SIGNATURE
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 hereunto duly authorized.
April
20, 2020
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ADVAXIS,
INC.
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|
|
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By:
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/s/
Molly Henderson
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Name:
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Molly
Henderson
|
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Title:
|
Executive
Vice President and Chief Financial Officer
|
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