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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| Item 3.01. | Notice of Delisting or Failure to Satisfy a Continued Listing Rule or Standard; Transfer of Listing |
On November 20, 2024, The Real Good Food Company, Inc. (the “Company”) received a notification from The Nasdaq Stock Market LLC (“Nasdaq”) informing the Company that the Company’s failure to timely file its Form 10-Q with the Securities and Exchange Commission (the “SEC”), for the period ended September 30, 2024, serves as an additional basis for the delisting of the Company’s securities from Nasdaq, per Nasdaq Listing Rule 5250(c)(1). The Company previously presented its plan to file all delinquent periodic reports with the SEC, including the Form 10-Q for the period ended September 30, 2024, and requested an extension to do so at a hearing before the Nasdaq Hearings Panel (the “Panel”). The Panel has not yet issued its decision following the hearing.
By way of background, as disclosed in the Company’s current report on Form 8-K filed with the SEC on October 24, 2024, the Company requested a hearing before the Panel. The hearing was subsequently granted by the Panel and took place in November. At the hearing, the Company presented its plan of compliance for all applicable continued listing requirements for which the Company is currently out of compliance with.
Despite the efforts described above, there can be no assurance that the Company will ultimately regain compliance with all applicable requirements for continued listing or that the Panel will grant the Company a further extension.
On November 25, 2024, the Company issued a press release disclosing the receipt of Nasdaq’s notification. The press release is furnished as Exhibit 99.1 hereto and is hereby incorporated by reference into this Item 3.01.
| Item 9.01 | Financial Statements and Exhibits |
(d) Exhibits.
| Exhibit |
Description | |
| 99.1 | Press Release, dated November 25, 2024. | |
| 104 | Cover Page Interactive Data File (embedded within the inline XRBL document). | |
SIGNATURE
Pursuant to the requirements of the Securities Exchange Act of 1934, as amended, the Registrant has duly caused this report to be signed on its behalf by the undersigned hereunto duly authorized.
| THE REAL GOOD FOOD COMPANY, INC. | ||||
| Date: November 25, 2024 | By: | /s/ Jim Behling | ||
| Jim Behling | ||||
| Chief Financial Officer | ||||