flyExclusive Receives Notice from NYSE American Regarding Late Filing of Quarterly Report on Form 10-Q
flyExclusive, a premium private jet charter company, announced it received a notice from NYSE American on May 21, 2024, for not timely filing its Form 10-Q for the period ended March 31, 2024. The notice does not immediately affect the company's stock listing. flyExclusive has six months from May 20, 2024, to regain compliance by filing the Form 10-Q. NYSE may extend this period by an additional six months or commence delisting proceedings if deemed necessary. The delay is attributed to the company's transition to a taxable in December 2023, requiring more time for financial reporting. flyExclusive is committed to filing the Form 10-Q soon and expects to regain compliance within the next few weeks.
- The Notice has no immediate effect on the company's stock listing.
- flyExclusive has six months to regain compliance by filing Form 10-Q.
- The company is dedicating significant resources to complete the Form 10-Q.
- flyExclusive expects to file the Form 10-Q in the next few weeks.
- The company’s stock and warrants remain listed on NYSE under FLYX and FLYXWS.
- Received notice from NYSE for not timely filing Form 10-Q.
- Failure to file Form 10-Q within six months could lead to delisting proceedings.
- NYSE may, at its discretion, commence delisting proceedings at any time.
- The company requires additional time for financial reporting due to becoming taxable in December 2023.
- There is no assurance that flyExclusive will regain compliance within the expected timeline.
Insights
flyExclusive, Inc. has received notice from the NYSE American LLC about non-compliance due to late filing of their Form 10-Q. This situation highlights a few critical points for investors.
First, late filings often signal operational or financial difficulties. flyExclusive attributes the delay to their recent transition to a public company and new tax status. While the company's reasons are plausible, consistent delays could erode investor confidence and affect stock valuations.
The immediate impact on stock listing is minimal since the company has six months to file the report. However, prolonged delays pose a delisting risk. If flyExclusive fails to meet this deadline, investor sentiment could further deteriorate, potentially affecting stock liquidity and price stability.
For investors, understanding the significance of a Form 10-Q is crucial. It provides a comprehensive overview of financial performance, including revenue, profits and cash flow. The delay in this report means investors must wait longer for critical financial data, making it harder to make informed decisions in the short term.
From a regulatory standpoint, the notice from NYSE American is a procedural step signaling the company’s non-compliance with reporting requirements. The company now has a window to rectify this by filing the overdue Form 10-Q. However, the NYSE's ability to initiate delisting proceedings at any time adds a layer of uncertainty.
It's important for investors to understand that the NYSE's rules are designed to maintain market integrity and investor confidence. Companies failing to comply face scrutiny and potential sanctions, which in turn can impact stock performance. Investors should monitor the company's progress in filing the required documents and their interactions with NYSE to gauge regulatory compliance health.
This notice doesn't immediately endanger the company’s listing but serves as a cautionary flag. Investors should consider this in their risk assessments, especially if there are recurring compliance issues.
The Notice has no immediate effect on the listing of the Company’s common stock on the NYSE. The Notice informed the Company that, pursuant to NYSE rules, the Company has six months from May 20, 2024, to regain compliance with the NYSE listing standards by filing the Form 10-Q with the SEC. If the Company fails to file the Form 10-Q within that six-month period, the NYSE may grant, in its sole discretion, an extension of up to six additional months for the Company to regain compliance, depending on the specific circumstances. The Notice also notes that the NYSE may nevertheless commence delisting proceedings at any time if it believes, in its sole discretion, that continued listing and trading of the Company’s securities on NYSE is inadvisable or unwarranted.
As previously reported by the Company in the Form 12b-25 filed with the SEC on May 10, 2024, the Company was unable to file the Form 10-Q within the prescribed time without unreasonable effort or expense. Subsequent to filing the Form 12b-25, the Company has continued to dedicate significant resources to the completion of the Form 10-Q but was unable to file by May 20, 2024, the end of the extension period provided by the Form 12b-25. As a newly public company and having become a taxable corporation in December 2023, the Company requires additional time to complete the financial reporting and close procedures for the first quarter of fiscal year 2024.
The Company is working diligently to complete the necessary work to file the Form 10-Q as soon as practicable and intends to regain compliance with the Exchange’s continued listing standards. The Company currently expects to do so in the next few weeks, although there can be no assurance of that timing, nor that the Company will ultimately regain compliance with all applicable Exchange listing standards. Until the Company files the Form 10-Q, the Company’s common stock and warrants will remain listed on the NYSE under the symbols “FLYX” and “FLYXWS,” respectively, and will be assigned a “LF” indicator to signify late filing status.
About flyExclusive
flyExclusive is a vertically integrated, FAA-certificated air carrier providing private jet experiences by offering customers a choice of on-demand charter, Jet Club, and fractional ownership services to destinations across the globe. flyExclusive has one of the world’s largest fleets of Cessna Citation aircraft, and it operates a combined total of approximately 100 jets, ranging from light to large cabin sizes. The company manages all aspects of the customer experience, ensuring that every flight is on a modern, comfortable, and safe aircraft. flyExclusive’s in-house repair station, aircraft paint, cabin interior renovation, and avionics installation capabilities, are all provided from its campus headquarters in
Cautionary Statement Regarding Forward-Looking Statements
This press release contains certain forward-looking statements within the meaning of the federal securities laws. These forward-looking statements generally are identified by the words “believe,” “project,” “expect,” “anticipate,” “estimate,” “intend,” “strategy,” “future,” “opportunity,” “plan,” “may,” “should,” “will,” “would,” “will be,” “will continue,” “will likely result,” and similar expressions. Forward-looking statements are predictions, projections, and other statements about future events that are based on current expectations and assumptions and, as a result, are subject to risks and uncertainties. Many factors could cause actual future events to differ materially from the forward-looking statements in this document, including but not limited to: the ability of the Company to file timely file its required annual and quarterly reports with the SEC; the ability of the Company to regain compliance with NYSE American continued listing standards and maintain the listing of the Company’s securities on a national securities exchange; the ability of the Company to comply with covenants under and repay its debt; the potential dilution of stock ownership by our capital raising efforts; management of growth; the outcome of any legal proceedings; volatility of the price of the Company’s securities due to a variety of factors, including publication of articles about the Company by third parties, changes in the competitive and highly regulated industries in which flyExclusive operates, variations in operating performance across competitors, changes in laws and regulations affecting flyExclusive’s business; the ability to implement business plans, forecasts, and other expectations, and identify and realize additional opportunities; and the risk of downturns and a changing regulatory landscape in the highly competitive aviation industry. The foregoing list of factors is not exhaustive. You should carefully consider the foregoing factors and the other risks and uncertainties described in the “Risk Factors” section of flyExclusive’s registration statement on Form S-1 and other documents filed by the Company from time to time with the SEC. These filings identify and address other important risks and uncertainties that could cause actual events and results to differ materially from those contained in the forward-looking statements. Forward-looking statements speak only as of the date they are made. Readers are cautioned not to put undue reliance on forward-looking statements, and the Company assumes no obligation and does not intend to update or revise these forward-looking statements, whether as a result of new information, future events, or otherwise. The Company does not give any assurance that it will achieve its expectations.
View source version on businesswire.com: https://www.businesswire.com/news/home/20240528263722/en/
Media Contact: Jillian Wilson, Marketing Specialist
media@flyexclusive.com
Investor Relations Contact: Sloan Bohlen, Solebury Strategic Communications
investors@flyexclusive.com
Source: flyExclusive, Inc.
FAQ
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