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Infinera Corporation Announces Notification of Delinquency with Nasdaq

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Infinera (INFN) received a delinquency notification letter from Nasdaq for not filing its Annual Report on Form 10-K for the year ended December 30, 2023. Nasdaq requires Infinera to submit a compliance plan by May 14, 2024, to address the issue.
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  • Infinera received a delinquency notification letter from Nasdaq due to its failure to timely file the Annual Report on Form 10-K, impacting compliance with Nasdaq Listing Rule 5250(c)(1.

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The notification received by Infinera from Nasdaq regarding non-compliance with Listing Rule 5250(c)(1) due to a delay in filing its Annual Report on Form 10-K is a matter of concern for investors and stakeholders. This rule is critical for maintaining transparency and timely access to a company's financial status, which is pivotal for informed investment decisions. The delay could signal underlying issues in financial reporting or internal controls, which might require a detailed review of financial statements once they are released.

Investors should monitor the situation closely, as the company's ability to submit a comprehensive plan by the Nasdaq-imposed deadline and ultimately regain compliance will be indicative of its management's efficiency and the seriousness of the issues causing the delay. A prolonged inability to meet listing requirements could result in further regulatory action, including delisting, which usually has a negative impact on a company's stock price and investor confidence.

From a legal standpoint, the receipt of a delinquency notification from Nasdaq is a procedural step that follows a company's failure to meet the exchange's filing requirements. Infinera's disclosure of the delay in its Form 12b-25 filing with the SEC suggests that there are exceptional circumstances affecting the year-end closing process. The legal implications for Infinera hinge on the nature of these matters and their potential to affect the accuracy of financial reporting.

It is essential for Infinera to address these issues promptly and transparently to avoid potential legal ramifications, such as shareholder lawsuits or increased scrutiny by the SEC. The company's forthcoming Plan to regain compliance will also be scrutinized for its adherence to regulatory requirements and its ability to prevent future occurrences of similar issues.

In the context of market dynamics, Infinera's delay in filing its Annual Report can be unsettling for the market, potentially affecting investor sentiment and the company's reputation. The market typically reacts to uncertainty with increased volatility in the affected company's stock. It is important for Infinera to manage this situation effectively to minimize market disruption.

Furthermore, Infinera's situation should be observed in relation to industry peers to evaluate if this is an isolated incident or part of a broader trend in the sector. If similar issues are widespread, it could suggest systemic challenges within the industry. Conversely, if Infinera is an outlier, the focus would then be on the company's specific operational challenges, which could include ineffective financial processes or changes in executive management.

SAN JOSE, Calif., March 15, 2024 (GLOBE NEWSWIRE) -- Infinera (NASDAQ: INFN) announced today that it received an expected delinquency notification letter from the Listing Qualifications Staff of The Nasdaq Stock Market LLC (“Nasdaq”) on March 15, 2024 (the "Notice"). The Notice indicated that Infinera was not in compliance with Nasdaq Listing Rule 5250(c)(1) (the “Listing Rule”) as a result of its failure to timely file its Annual Report on Form 10-K for the year ended December 30, 2023 (the “Form 10-K”), as described more fully in Infinera's Form 12b-25 Notification of Late Filing (the “12b-25”) filed with the Securities and Exchange Commission (the "SEC") on February 29, 2024. The Listing Rule requires listed companies to timely file all required periodic financial reports with the SEC.

Nasdaq has informed Infinera that it must submit a plan of compliance (the “Plan”) by May 14, 2024 addressing how it intends to regain compliance with Nasdaq’s listing rules. As previously disclosed, Infinera was delayed in its year-end closing process due to the matters described in the Company’s 12b-25. Infinera will continue to work diligently to complete and file the Form 10-K as soon as practicable and will work diligently to submit the Plan promptly and take the necessary steps to regain compliance as soon as practicable.

Contacts:

Media:
Anna Vue
Tel. +1 (916) 595-8157
avue@infinera.com

Investors:
Amitabh Passi, Head of Investor Relations
Tel. +1 (669) 295-1489
apassi@infinera.com

About Infinera
Infinera is a global supplier of innovative open optical networking solutions and advanced optical semiconductors that enable carriers, cloud operators, governments, and enterprises to scale network bandwidth, accelerate service innovation, and automate network operations. Infinera solutions deliver industry-leading economics and performance in long-haul, submarine, data center interconnect, and metro transport applications. To learn more about Infinera, visit www.infinera.com, follow us on X and LinkedIn, and subscribe for updates.

Infinera and the Infinera logo are registered trademarks of Infinera Corporation.

This press release contains forward-looking statements. Forward-looking statements include statements regarding our expectations, beliefs, intentions, or strategies and can be identified by words such as “anticipate,” “believe,” “could,” “estimate,” “expect,” “intend,” “may,” “should,” “will,” and “would” or similar words. Such forward-looking statements in this press release include, but are not limited to, Infinera’s expectations about the timing of completion and filing of the Form 10-K, statements related to Infinera’s plan of compliance to regain compliance with respect to the Listing Rule, and timing and actions taken to regain compliance with Nasdaq. Actual results may vary materially from these expectations as a result of various risks and uncertainties. Information about these risks and uncertainties, and other risks and uncertainties that affect Infinera’s business, is contained in the risk factors section and other sections of Infinera’s Quarterly Report on Form 10-Q for the quarter ended September 30, 2023, as filed with the SEC on February 29, 2024, as well as any subsequent reports filed with or furnished to the SEC. These reports are available on Infinera’s website at www.infinera.com and the SEC’s website at www.sec.gov. Infinera assumes no obligation to, and does not currently intend to, update any forward-looking statements contained herein.


FAQ

Why did Infinera receive a delinquency notification letter from Nasdaq?

Infinera received the notification due to its failure to file the Annual Report on Form 10-K for the year ended December 30, 2023, impacting compliance with Nasdaq Listing Rule 5250(c)(1).

What is required of Infinera in response to the delinquency notification letter?

Infinera must submit a plan of compliance by May 14, 2024, addressing how it intends to regain compliance with Nasdaq’s listing rules.

Who can be contacted for media inquiries at Infinera?

For media inquiries, contact Anna Vue at Tel. +1 (916) 595-8157 or avue@infinera.com.

Who is the Head of Investor Relations at Infinera?

Amitabh Passi is the Head of Investor Relations at Infinera. Contact him at Tel. +1 (669) 295-1489 or apassi@infinera.com.

Infinera Corporation

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