UNITED STATES
SECURITIES AND EXCHANGE COMMISSION
Washington, D.C. 20549
FORM 8-K
CURRENT REPORT
Pursuant to Section 13 or 15(d)
of the Securities Exchange Act of 1934
Date of Report (Date of earliest event reported): February 27, 2017
ONCOGENEX PHARMACEUTICALS, INC.
(Exact name of registrant as specified in its charter)
Delaware | 033-80623 | 95-4343413 | ||
(State or other Jurisdiction of Incorporation) |
(Commission File Number) |
(IRS Employer Identification No.) |
19820 North Creek Parkway Bothell, Washington |
98011 | |
(Address of Principal Executive Offices) | (Zip Code) |
Registrants telephone number, including area code: (425) 686-1500
N/A
(Former name or former address if changed since last report.)
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:
☐ | Written communications pursuant to Rule 425 under the Securities Act (17 CFR 230.425) |
☐ | Soliciting material pursuant to Rule 14a-12 under the Exchange Act (17 CFR 240.14a-12) |
☐ | Pre-commencement communications pursuant to Rule 14d-2(b) under the Exchange Act (17 CFR 240.14d-2(b)) |
☐ | Pre-commencement communications pursuant to Rule 13e-4(c) under the Exchange Act (17 CFR 240.13e-4(c)) |
Item 3.01 | Notice of Delisting or Failure to Satisfy a Continued Listing Rule or Standard; Transfer of Listing. |
As previously announced, on August 22, 2016, OncoGenex Pharmaceuticals, Inc. (the Company) received written notice from The NASDAQ Stock Market, LLC (NASDAQ) indicating that the Company was not in compliance with the $1.00 minimum bid price requirement for continued listing on The NASDAQ Capital Market, as set forth in Listing Rule 5550(a)(2) (the Bid Price Requirement). In accordance with Listing Rule 5810(c)(3)(A), the Company had a period of 180 calendar days, or until February 21, 2017, to regain compliance with the Bid Price Requirement. To regain compliance, the closing bid price of the Companys common stock must meet or exceed $1.00 per share for a minimum of ten consecutive business days during the 180-day period.
On February 27, 2017, NASDAQ notified the Company that while the Company had not regained compliance with the Bid Price Requirement, it was eligible for an additional 180-day grace period, or until August 21, 2017, to regain compliance with the Bid Price Requirement. NASDAQs determination was based on the Company having met the continued listing requirement for the market value of publicly held shares and all other applicable requirements for initial listing on The Nasdaq Capital Market, with the exception of the Bid Price Requirement, and on the Companys written notice to NASDAQ of its intention to cure the deficiency during the second compliance period by effecting a reverse stock split of its common stock.
If the Company does not regain compliance by August 21, 2017, NASDAQ will provide notice that the Companys common stock will be subject to delisting. The Company would then be entitled to appeal the NASDAQ Staffs determination to a NASDAQ Listing Qualifications Panel and request a hearing.
2
SIGNATURES
Pursuant to the requirements of the Securities Exchange Act of 1934, the registrant has caused this report to be signed on its behalf by the undersigned, thereunto duly authorized.
ONCOGENEX PHARMACEUTICALS, INC. | ||||||
Date: February 28, 2017 | /s/ John Bencich | |||||
John Bencich | ||||||
Chief Financial Officer |
3