false 0000879682 0000879682 2023-01-17 2023-01-17

 

 

 

Pursuant to Section 13 or 15(d) of the

 

 

(Exact name of registrant as specified in its charter)

 

 

Registrant’s telephone number, including area code: (720) 696-8100

 

 

 

Securities registered pursuant to Section 12(b) of the Act:

 

 

 

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:

 

 

 

 

 

Indicate by check mark whether the registrant is an emerging growth company as defined in Rule 405 of the Securities Act of 1933 or Rule 12b-2 of the Securities Exchange Act of 1934.

 

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.     ☐ 

 

 

 

 

As previously reported, on November 29, 2022, Viveve Medical, Inc. (the “Company”) received notice from the Listing Qualifications Staff of The Nasdaq Stock Market LLC (“Nasdaq”) indicating that, based upon the Company’s non-compliance with the minimum bid price and stockholders’ equity requirements for continued listing on The Nasdaq Capital Market, as set forth in Nasdaq Listing Rules 5550(a)(2) (the “Bid Price Rule”) and 5550(b)(1) (the “Equity Rule”), respectively, the Company’s securities were subject to delisting unless the Company timely requested a hearing before the Nasdaq Hearings Panel (the “Panel”). On December 5, 2022, the Company requested a hearing before the Panel, which temporarily stayed the suspension of trading and delisting of the Company’s common stock. The hearing was scheduled for January 19, 2023.

 

Further as reported on January 17, 2022, as a result of the Company’s business prospects following the results of the Company’s PURSUIT clinical trial, the Company is unable to present a plan to regain compliance with the Bid Price Rule and the Equity Rule to the Panel at the hearing.

 

On January 17, 2023, the Company withdrew its request for the hearing before the Panel. As a result, Nasdaq issued a notice to the Company that its shares will be suspended from trading at the open of business on January 19, 2023, and Nasdaq will file a Form 25 Notification of Delisting with the Securities and Exchange Commission on or about January 25, 2023. Following the effectiveness of the Form 25, the Company intends to file a Form 15 with the Securities and Exchange Commission to suspend its reporting obligations under the Securities Exchange Act of 1934, as amended.

 

 

 

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.