UNITED STATES
SECURITIES AND EXCHANGE COMMISSION
WASHINGTON, D.C. 20549
FORM
CURRENT REPORT
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Securities Exchange Act of 1934
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| Item 3.01. | Notice of Delisting or Failure to Satisfy a Continued Listing Rule or Standard; Transfer of Listing. |
On October 2, 2024, 22nd Century Group, Inc. (the “Company”) received a letter from the Listing Qualifications Department of The Nasdaq Stock Market LLC (“Nasdaq”) confirming that the Company has regained compliance with the minimum stockholders’ equity requirement under Nasdaq Listing Rule 5550(b)(1) (The “Equity Rule”). As previously disclosed, on June 3, 2024, the Company received a letter from Nasdaq notifying the Company that Nasdaq had reviewed the Company’s plan and had granted the request by the Company for a 180-calendar day extension from April 4, 2024 for the Company to evidence compliance with the Equity Rule by October 1, 2024.
Nasdaq will continue to monitor the Company’s ongoing compliance with The Equity Rule, and if the Company’s next periodic report does not evidence compliance with the Equity Rule, the Company may be subject to delisting.
| Item 7.01. | Regulation FD Disclosure. |
On October 8, 2024, the Company issued a press release regarding Nasdaq compliance. A copy of the press release is attached hereto as Exhibit 99.1.
| Item 9.01(d): | Financial Statements and Exhibits. |
| Exhibit 99.1 | Press Release dated October 8, 2024 | |
| 104 | The cover page of this Current Report on Form 8-K, formatted in Inline XBRL. |
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.
| 22nd Century Group, Inc. | |
| /s/ Lawrence Firestone | |
| Date: October 8, 2024 | Lawrence Firestone |
| Chief Executive Officer |