Item 3.01 Notice of Delisting or Failure to Satisfy a Continued Listing Rule or
Standard? Transfer of Listing.
On
On
Under the NYSE's rules, the cure period to regain compliance with the
In order to regain compliance, by the end of the cure period the Shares must
have (i) a closing price of at least
The notice has no immediate impact on the listing of the Shares, which will
continue to be listed and traded on the NYSE during this period, subject to the
Company's compliance with the other NYSE continued listing requirements. The
Shares will continue to trade on the NYSE under the symbol "ONDK" but will have
an added designation of ".BC" to indicate the status of the Shares as "below
compliance." If the Company fails to regain compliance with the
The notice does not affect ongoing business operations of the Company or its
reporting requirements with the
Item 7.01 Regulation FD Disclosure.
On
The information contained in this Item 7.01 and Exhibit 99.1 shall not be deemed to be "filed" for purposes of Section 18 of the Securities Exchange Act of 1934, as amended (the "Exchange Act"), and shall not be incorporated by reference into any filings made by the Company under the Securities Act of 1933, as amended, or the Exchange Act, except as may be expressly set forth by specific reference in such filing.
Safe Harbor Statement
This Current Report on Form 8-K contains forward-looking statements within the meaning of the Private Securities Litigation Reform Act of 1995 and other legal authority. Forward-looking statements can be identified by words such as "will," "enables," "targets," "expects," "intends," "may," "allows," "plans," "continues," "believes," "anticipates," "estimates" or similar expressions. Forward-looking statements are neither historical facts nor assurances of future performance. They are based only on our current beliefs, expectations and assumptions regarding the future of our business, anticipated events and trends, the economy, the COVID-19 pandemic and other future conditions. As such, they are subject to inherent uncertainties, risks and changes in circumstances that are difficult to predict and in many cases outside our control. Therefore, you should not rely on any of these forward-looking statements.
Our expected results may not be achieved, and actual results may differ
materially from our expectations. Important factors that could cause or
contribute to such differences include risks relating to: our ability to cure
the deficiency described above and restore compliance with the NYSE continued
listing standards or maintain compliance with other NYSE continued listing
requirements; our ability to obtain the necessary approvals to implement a cure;
and other risks, including those described in Part II - Item 1A. Risk Factors in
our Form 10-Q for the quarter ended
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Item 9.01 Financial Statements and Exhibits.
(d) Exhibits. Exhibit No. Description 99.1 Press Release, datedJune 5, 2020
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