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
Date of Report (Date of earliest event reported):
January 26, 2023 (
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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:
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Securities registered pursuant to Section 12(b) of the Act:
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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 or Rule 12b-2 of the Securities Exchange Act of 1934.
Emerging Growth Company
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Item 3.01 | Notice of Delisting or Failure to Satisfy a Continued Listing Rule or Standard; Transfer of Listing. |
On January 25, 2023, Smart for Life, Inc. (the “Company”) received a notification letter from The Nasdaq Stock Market LLC (“Nasdaq”) notifying the Company that the Nasdaq Hearings Panel (“Panel”) has granted an exception from two continued listing standards, Nasdaq’s stockholders’ equity requirement of $2,500,000, as set forth in Listing Rule 5550(b) (the “Equity Rule”), and Nasdaq’s $1.00 bid price requirement, as set forth in Listing Rule 5550(a)(2) (the “Bid Price Rule”), until May 30, 2023.
As previously disclosed, the Company received a notification letter from Nasdaq on November 28, 2022 notifying the Company that it was not in compliance the Equity Rule and the Bid Price Rule. On December 5, 2022, the Company requested a hearing with the Panel, which was held on January 19, 2023.
As a result of the Panel’s decision, the Company has until May 30, 2023 to regain compliance with the Equity Rule and the Bid Price Rule.
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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.
Date: January 26, 2023 | SMART FOR LIFE, INC. | |
/s/ Darren C. Minton | ||
Name: | Darren C. Minton | |
Title: | Chief Executive Officer |
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