Item 8.01. Other Events.
As previously reported, on March 10, 2020, Avinger, Inc. (the "Company")
received a letter from the Listing Qualifications Department (the "Staff") of
The Nasdaq Stock Market, LLC ("Nasdaq") notifying the Company that the Company
was not in compliance with Nasdaq Listing Rule 5550(a)(2) (the "Minimum Bid
Price Requirement"), as the minimum bid price for the Company's listed
securities was less than $1.00 for the previous 30 consecutive business days.
The Company initially had a period of 180 calendar days, or until September 8,
2020, to regain compliance with the Minimum Bid Price Requirement.
Also as previously reported, on April 20, 2020, the Company received
notification from Nasdaq indicating that Nasdaq filed an immediately effective
rule change with the SEC on April 16, 2020, pursuant to which the compliance
periods for bid price and market value of publicly held shares requirements were
tolled through June 30, 2020. As a result, the Company had until November 20,
2020 to regain compliance with Nasdaq's Minimum Bid Price Requirement.
The Company did not regain compliance with the Minimum Bid Price Requirement by
November 20, 2020. In accordance with Nasdaq Listing Rule 5810(c)(3)(A), the
Company provided written notice to Nasdaq of its intent to cure the deficiency
and, on November 24, 2020, the Company received notice that Nasdaq granted the
Company an additional 180 calendar days, or until May 19, 2021, to regain
compliance.
On January 26, 2021, the Company received a letter from Nasdaq notifying the
Company that the Staff had determined that the closing bid price of the
Company's common stock had been at $1.00 per share or greater for at least 10
consecutive business days and, accordingly, that the Company had regained
compliance with the Minimum Bid Price Requirement for continued listing on the
Nasdaq Stock Market and that the matter is now closed. While the Company has
regained compliance with the Minimum Bid Price Requirement, there can be no
assurance that the Company will be able to maintain compliance with the Minimum
Bid Price Requirement in the future.
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