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 11,
2020
AEMETIS, INC.
(Exact name of registrant as specified in its charter)
______________
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Nevada
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001-36475
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26-1407544
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(State or Other Jurisdiction
of Incorporation)
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(Commission
File Number)
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(I.R.S. Employer
Identification No.)
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20400 Stevens Creek Blvd., Suite 700
Cupertino, California 95014
(Address of Principal Executive Office) (Zip Code)
(408) 213-0940
(Registrant’s telephone number, including area
code)
N/A
(Former name or former address, if changed since last
report)
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Title of class of registered securities
Common Stock, par value $0.001 per share
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Ticker Symbol
AMTX
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Name of exchange on which registered
NASDAQ
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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:
☐
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. Failure to Satisfy a Continued
Listing Rule or Standards
On February 11, 2020, Aemetis, Inc. (the
“Company”) received a letter from
the Listing Qualifications Department of the Nasdaq Stock Market
(“Nasdaq”) indicating that, based upon the most recent
publicly held shares information and the closing bid price of the
Company’s common stock for the last 30 consecutive business
days, the Company did not meet the minimum market value of publicly
held shares (“MVPHS”) of $15,000,000 required for
continued listing on The Nasdaq Global Market pursuant to Nasdaq
Listing Rule 5450(b)(3)(C). A delisting notice has not been
received, and the letter also indicated that the Company will be
provided with a compliance period of 180 calendar days, or until
August 10, 2020, in which to regain compliance pursuant to Nasdaq
Listing Rule 5810(c)(3)(D). The letter further provided that if, at
any time during the 180 calendar day period, the Company’s
MVPHS closes at $15,000,000 or more for a minimum of ten
consecutive business days, Nasdaq will provide the Company with
written confirmation that it has achieved compliance with the MVPHS
requirement. If the Company does not regain compliance by August
10, 2020, it will receive written notification that the
Company’s common stock is subject to delisting. At that time,
the Company may appeal the delisting determination to a
Hearing’s Panel, which may provide an exception for the
Company to regain compliance with the MVPHS
requirement.
The Company intends to actively monitor the MVPHS for its common
stock between now and August 10, 2020, and intends to take any
reasonable actions to resolve the Company’s noncompliance
with the MVPHS requirement as may be necessary. No determination
regarding the Company’s response has been made at this time.
There can be no assurance that the Company will be able to regain
compliance with the MVPHS requirement or will otherwise be in
compliance with other Nasdaq listing criteria.
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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Aemetis, Inc.
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February
13, 2020
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By:
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/s/ Eric
A. McAfee
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Eric A. McAfee
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Chief Executive Officer
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