UNITED STATES
SECURITIES AND EXCHANGE COMMISSION
Washington, D.C. 20549
FORM
CURRENT REPORT
Pursuant to Section 13 OR 15(d) of the Securities Exchange Act of 1934
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Indicate by check mark whether the registrant is an emerging growth company 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 8.01. Other Events.
Nasdaq Compliance
As previously reported in Kintara Therapeutics, Inc.’s (the “Company”) Form 10-Q for the quarterly period ended December 31, 2023, the Company’s total stockholders’ equity was negative $164,000 at December 31, 2023.
On September 20, 2023, the Company, received a letter from the Listing Qualifications Department (the “Staff”) of the Nasdaq Stock Market LLC (“Nasdaq”) indicating that the Company was not in compliance with the minimum stockholders’ equity requirement for continued listing on the Nasdaq Capital Market under Listing Rule 5550(b) (the “Stockholders’ Equity Requirement”). On November 6, 2023, the Company submitted to the Staff a plan to regain compliance with the Stockholders’ Equity Requirement. On December 4, 2023, the Staff provided notice (the “Notice”) to the Company that it granted an extension of up to 180 days from September 20, 2023, or through March 18, 2024, to regain compliance with the Stockholders’ Equity Requirement, conditioned upon the Company’s achievement of certain milestones included in the plan of compliance previously submitted to the Staff. If the Company fails to evidence compliance upon filing its periodic report for the quarter ending March 31, 2024 , it may be subject to delisting. If the Staff determines to delist the Company’s common stock, the Company will have the right to appeal to a Nasdaq hearings panel.
From January 1, 2024 until February 23, 2024, the Company received net cash proceeds of $8.1 million from the sale of shares of its common stock under its at-the-market (“ATM”) facility pursuant to the terms of its Sales Agreement, dated September 19, 2023, with A.G.P./Alliance Global Partners. In light of the receipt of net cash proceeds of $8.1 million, the Company believes as of the date of the filing that it has stockholders’ equity above the $2.5 million Stockholders’ Equity Requirement and is awaiting a compliance determination from Nasdaq.
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 hereunto duly authorized.
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KINTARA THERAPEUTICS, INC. |
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Date: February 26, 2024 |
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By: |
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/s/ Robert E. Hoffman |
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Name: Robert E. Hoffman |
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Title: Chief Executive Officer |