お知らせ • Aug 28
Eagle Pharmaceuticals Announces Receipt of Delisting Notification from Nasdaq
Eagle Pharmaceuticals, Inc. (the ‘Company’ or ‘Eagle’) announced that it received a notice (the ‘Notice’) on August 21, 2024, from the Listing Qualifications Department (the ‘Staff’) of The Nasdaq Stock Market LLC (‘Nasdaq’) advising the Company that pursuant to Nasdaq Listing Rule 5810(d)(2), the Company’s failure to timely file its Quarterly Report on Form 10-Q for the quarter ended June 30, 2024 (the ‘Q2 2024 Form 10-Q’) serves as an additional and separate basis for delisting. As previously disclosed, on August 1, 2024, the Company received a notice from Nasdaq indicating that following the Company’s previously disclosed hearing before the Nasdaq Hearings Panel (the ‘Panel’) on July 11, 2024, the Panel has granted the Company’s request for continued listing on Nasdaq, subject to the following: (1) on or before September 30, 2024 (the ‘First Compliance Date’), the Company will have filed an Annual Report on Form 10-K for the period ended December 31, 2023 (the ‘2023 Annual Report’), (2) on or before October 31, 2024 (the ‘Second Compliance Date’ and, together with the First Compliance Date, the ‘Compliance Dates’), the Company will have filed a Quarterly Report on Form 10-Q for the period ended March 31, 2024 (the ‘Q1 2024 Form 10-Q’) and the Second Quarter 2024 Form 10-Q, and (3) on or before the Second Compliance Date, the Company will have demonstrated compliance with all applicable continued listing requirements of Nasdaq (the Company’s Quarterly Report on Form 10-Q for the quarter ended September 30, 2023, the 2023 Annual Report, the First Quarter 2024 Form 10-Q and the Second Quarter 2024 Form 10-Q, collectively the ‘Delayed Reports’). Such hearing followed the Company's previously disclosed receipt of a notice from Nasdaq advising that it had initiated a process to delist the Company’s securities from Nasdaq. On August 9, 2024, the Company filed a Notification of Late Filing on Form 12b-25 with respect to its Second Quarter 2024 Form 10-Q. The Company is working to prepare and file the Delayed Reports with the SEC by the applicable Compliance Dates to enable the Company to regain compliance with Nasdaq listing standards. In this regard, the Company is planning to file with the SEC a comprehensive Form 10-K, including restated financial information for the period ended June 30, 2023, financial information for the period ended September 30, 2023 and financial statements for the period ended December 31, 2023 by the First Compliance Date, and separate Form 10-Q filings for each of the periods ended March 31, 2024 and June 30, 2024 by the Second Compliance Date. There can be no assurance that the Company will be able to prepare and file such reports on or before the applicable Compliance Dates or that the Company will be able to regain compliance with Nasdaq’s continued listing requirements under Nasdaq Listing Rule 5250(c)(1) or maintain compliance with the other continued listing requirements set in the Nasdaq Listing Rules or that the Company will be able to continue its listing on Nasdaq. The Panel reserves the right to reconsider the terms of its decision based on any event, condition or circumstance that exists or develops that would, in the opinion of the Panel, make continued listing of the Company’s securities on Nasdaq inadvisable or unwarranted. In addition, the Nasdaq Listing and Hearing Review Council could determine to review the Panel’s decision within 45 calendar days after issuance of such decision, and may affirm, modify, reverse, dismiss or remand the decision to the Panel.