Item 3.01 Notice of Delisting or Failure to Satisfy a Continued Listing Rule or
Standard; Transfer of Listing.
On April 6, 2023, Chembio Diagnostics, Inc. (the "Company") received formal
notice from the Listing Qualifications Staff (the "Staff") of The Nasdaq Stock
Market LLC ("Nasdaq") indicating that the Company's continued non-compliance
with the minimum bid price requirement set forth in Nasdaq Listing Rule 5550(a)
(the "Bid Price Rule") would result in the delisting of the Company's securities
from Nasdaq unless the Company timely requests a hearing before the Nasdaq
Hearings Panel (the "Panel"). The Company intends to timely request a hearing
before the Panel, which request will stay any further action by Nasdaq pending
the issuance of a decision by the Panel and the expiration of any extension the
Panel may grant to the Company following the hearing.
As previously disclosed in the Company's Current Report on Form 8-K filed on
April 7, 2022, on April 5, 2022 the Staff notified the Company that, based upon
the closing bid price of the Company's common stock for the 30 prior consecutive
business days, the Company no longer satisfied the Bid Price Rule. In accordance
with the Nasdaq Listing Rules, the Company thereafter received two grace periods
to regain compliance with the rule, which ultimately expired on April 3, 2023.
The Company did not evidence compliance with the Bid Price Rule by that date,
which resulted in the issuance of the Staff's determination.
The Company is considering all options available to it; however, there can be no
assurance that the Panel will determine to continue the Company's listing or
that the Company will be able to evidence compliance with the applicable listing
criteria within any extension that may be granted by the Panel.
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