NLS Pharmaceutics Announces Receipt of Additional Staff Delisting Determination from Nasdaq

Rhea-AI Summary

NLS Pharmaceutics (NASDAQ: NLSP) announced it received an additional staff determination letter from Nasdaq on May 22, 2024, notifying the company of its non-compliance with the minimum $2,500,000 stockholders' equity requirement for continued listing. This additional delinquency serves as a separate basis for potential delisting. Previously, on April 19, 2024, NLS was informed of potential delisting due to failing to maintain a $1 bid price per share. The company has requested a hearing before a Nasdaq Hearings Panel, scheduled for June 4, 2024, to appeal the delisting determination and present its plans to regain compliance.

Positive

• NLS Pharmaceutics has submitted a plan to regain compliance with Nasdaq's stockholders' equity requirement.
• The company has taken proactive steps by requesting a hearing before the Nasdaq Hearings Panel.

Negative

• NLS Pharmaceutics received an additional delisting determination letter from Nasdaq on May 22, 2024.
• The company failed to meet the minimum $2,500,000 stockholders' equity requirement.
• Previously on April 19, 2024, the company was notified of potential delisting due to not maintaining a $1 bid price per share.
• The company is currently non-compliant with two separate Nasdaq listing rules.

Insights

Financial Analyst

The recent announcement by NLS Pharmaceutics regarding the receipt of an additional staff delisting determination from Nasdaq is significant for shareholders and potential investors. The key issue is the company's failure to meet the minimum $2,500,000 stockholders' equity requirement as well as the $1 bid price rule over 30 consecutive business days. These are important benchmarks for maintaining a listing on the Nasdaq, which is a reliable indicator of a company's financial health and market credibility.

If the company is delisted, it could lead to a significant decrease in stock liquidity and market visibility, potentially driving down the stock price further and limiting access to capital. However, the company has requested a hearing and plans to present measures to regain compliance, which provides a glimmer of hope for investors. It’s essential for investors to closely monitor the outcome of the hearing scheduled for June 4, 2024, as it will greatly influence the company's future trajectory and stock performance.

The implications of delisting extend beyond immediate financial concerns. It can also affect the company's ability to attract and retain talent, partnerships and investments. Furthermore, non-compliance signals underlying financial instability, which may deter potential investors and collaborators.

For a retail investor, the main takeaway is the increased risk associated with holding shares in NLS Pharmaceutics until these issues are resolved. Short-term investors might see significant volatility, while long-term investors should assess the company's plan to rectify the deficiencies.

ZÜRICH, SWITZERLAND / ACCESSWIRE / May 24, 2024 / NLS Pharmaceutics Ltd. (NASDAQ:NLSP)(NASDAQ:NLSPW) ("NLS" or the "Company"), a Swiss clinical-stage biopharmaceutical company focused on the discovery and development of innovative therapies for patients with rare and complex central nervous system disorders, today announced that on May 22, 2024, the Company received an additional staff determination letter (the "Letter") from the staff (the "Staff") of the Listing Qualifications Department of The Nasdaq Stock Market LLC ("Nasdaq") notifying the Company that it did not comply with the minimum $2,500,000 stockholders' equity requirement for continued listing set forth in Listing Rule 5550(b), and that the additional delinquency may serve as a separate basis for the delisting of the Company's securities from Nasdaq.

On April 19, 2024, the Company was previously notified by the Staff that its securities were subject to delisting unless it timely requested a hearing before a Nasdaq Hearings Panel (the "Panel"), due to the Company's failure to maintain at least a $1 bid price per share over the course of 30 consecutive business days, as set forth in Nasdaq Listing Rule 5550(a)(2). In addition, on January 9, 2024, the Company received a letter from the Staff that it was no longer in compliance with the minimum stockholders' equity requirement for continued listing on the Nasdaq Capital Market. On February 23, 2024, the Company announced that it had submitted a plan to regain compliance with the stockholders' equity requirement.

The Company has requested a hearing before the Nasdaq Hearings Panel to appeal the Staff's delisting determination and intends to present its views and planned measures to cure the deficiencies mentioned herein at its hearing with the Nasdaq Hearings Panel, scheduled to occur on June 4, 2024.

About NLS Pharmaceutics Ltd.

NLS Pharmaceutics Ltd. is a Swiss clinical-stage biopharmaceutical company led by an experienced management team with a track record of developing and repurposing product candidates to treat rare and complex central nervous system disorders. The Company's lead product candidate, Quilience®, is a proprietary extended-release formulation of Mazindol (Mazindol ER) and is being developed for the treatment of narcolepsy, and potentially other sleep-wake disorders such as idiopathic hypersomnia (IH), for which NLS recently obtained Orphan Disease Designation (ODD) from the European Medicines Agency (EMA). Mazindol is a triple monoamine reuptake inhibitor and partial Orexin-2 Receptor agonist, which was used for many years to treat patients diagnosed with narcolepsy in compassionate use programs. A Phase 2a multi-center U.S. clinical trial evaluating Quilience^® in adult subjects suffering from narcolepsy met its primary endpoint with high statistical significance and demonstrated a favorable safety and tolerability profile. NLS also successfully completed a Phase 2 study in the U.S. evaluating Nolazol^® (Mazindol Controlled-Release) in adult subjects suffering from ADHD. The study met all primary and secondary endpoints and Nolazol^® was well-tolerated. Quilience^® has received Orphan Drug Designations both in the U.S. and in Europe for the treatment of narcolepsy. Up to 1/3 of narcoleptic patients are also diagnosed with ADHD.

Safe Harbor Statement

This press release contains expressed or implied forward-looking statements pursuant to U.S. Federal securities laws. These forward-looking statements and their implications are based on the current expectations of the management of NLS only and are subject to a number of factors and uncertainties that could cause actual results to differ materially from those described in the forward-looking statements. The following factors, among others, could cause actual results to differ materially from those described in the forward-looking statements: changes in technology and market requirements; NLS may encounter delays or obstacles in launching and/or successfully completing its clinical trials; NLS' products may not be approved by regulatory agencies, NLS' technology may not be validated as it progresses further and its methods may not be accepted by the scientific community; NLS may be unable to retain or attract key employees whose knowledge is essential to the development of its products; unforeseen scientific difficulties may develop with NLS' process; NLS' products may wind up being more expensive than it anticipates; results in the laboratory may not translate to equally good results in real clinical settings; results of preclinical studies may not correlate with the results of human clinical trials; NLS' patents may not be sufficient; NLS' products may harm recipients; changes in legislation may adversely impact NLS; inability to timely develop and introduce new technologies, products and applications; loss of market share and pressure on pricing resulting from competition, which could cause the actual results or performance of NLS to differ materially from those contemplated in such forward-looking statements. Except as otherwise required by law, NLS undertakes no obligation to publicly release any revisions to these forward-looking statements to reflect events or circumstances after the date hereof or to reflect the occurrence of unanticipated events. More detailed information about the risks and uncertainties affecting NLS is contained under the heading "Risk Factors" in NLS' annual report on Form 20-F for the year ended December 31, 2023 filed with the SEC, which is available on the SEC's website, www.sec.gov, and in subsequent filings made by NLS with the SEC.

Investor Relations Contact
InvestorRelations@nls-pharma.com
www.nlspharmaceutics.com

SOURCE: NLS Pharmaceutics AG

View the original press release on accesswire.com

FAQ

What did Nasdaq notify NLS Pharmaceutics about on May 22, 2024?

Nasdaq notified NLS Pharmaceutics that it did not comply with the minimum $2,500,000 stockholders' equity requirement for continued listing.

What was the previous delisting notice received by NLS Pharmaceutics?

On April 19, 2024, NLS Pharmaceutics was notified by Nasdaq that it failed to maintain at least a $1 bid price per share.

When is NLS Pharmaceutics' hearing with the Nasdaq Hearings Panel scheduled?

The hearing is scheduled for June 4, 2024.

What actions has NLS Pharmaceutics taken to address Nasdaq's delisting determination?

NLS Pharmaceutics has requested a hearing before the Nasdaq Hearings Panel and submitted a plan to regain compliance with the stockholders' equity requirement.