Item 3.01 Notice of Delisting or Failure to Satisfy a Continued Listing Rule or


          Standard; Transfer of Listing.

On January 5, 2021, Avenue Therapeutics, Inc. (the "Company") notified The Nasdaq Capital Market ("Nasdaq") that Thomas G. Moore, as previously disclosed on the Company's Current Report filed on Form 8-K on December 4, 2020, had resigned as a member of the board of directors of the Company (the "Board") and the Company's Audit Committee. After giving effect to Mr. Moore's resignation, the Company's Audit Committee no longer consists of three independent members as required by Nasdaq Listing Rule 5605(c)(2)(A).

On January 6, 2021, the Company received a letter from Nasdaq noting that the Company no longer complied with the requirement of Listing Rule 5605. The letter also acknowledged that the Listing Rules provide a cure period in order for the Company to regain compliance until the earlier of the Company's next annual meeting of stockholders or December 31, 2021 (or, by June 29, 2021, if such meeting is held before June 29, 2021).

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