Inventergy Global, Inc. (NASDAQ:INVT) Files An 8-K Notice of Delisting or Failure to Satisfy a Continued Listing Rule or Standard; Transfer of Listing
Item 3.01
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Notice of Delisting or Failure to Satisfy a Continued Listing Rule or Standard; Transfer of Listing. |
As previously disclosed in the Current Report on Form 8-K filed
on November 25, 2016 by Inventergy Global, Inc. (the
Company), on November 21, 2016, the Company
received notice from The NASDAQ Stock Market
(Nasdaq) indicating that, because the closing
bid price for the Companys common stock had fallen below $1.00
per share for 30 consecutive business days, the Company no longer
complied with the minimum bid price requirement (the
Minimum Bid Price Requirement) for continued
listing on the Nasdaq Capital Market as set forth in Nasdaq
Listing Rule 5550(a)(2). As previously disclosed in the Current
Report on Form 8-K filed on April 13, 2017 by the Company, on
April 7, 2017, the Company received notice from Nasdaq that the
Company no longer complied with the minimum $2,500,000
stockholders equity requirement (the Stockholders Equity
Requirement) for continued listing on the Nasdaq Capital
Market as set forth in Nasdaq Listing Rule 5550(b)(1).
The Company subsequently submitted a notice of appeal to Nasdaq
appealing its determination that the Company no longer complied
with the Stockholders Equity Requirement and requested an
additional 180 calendar days to regain compliance with the
Minimum Bid Price Requirement. The appeal was heard before a
hearings panel (the Panel) on June 1, 2017.
On June 5, 2017, the Panel issued its decision to which it
determined to delist the Companys common stock from, and suspend
trading in the Companys common stock on, the Nasdaq Capital
Market, effective at the open of business on June 7, 2017, due to
the Companys failure to comply with the Stockholders Equity
Requirement and Minimum Bid Price Requirement. Subsequent to the
issuance of the Panels decision, the Company provided the Panel
with additional information indicating the Companys compliance
with the Stockholders Equity Requirement. Specifically, the
Company completed the accounting for the transactions
contemplated in the restructuring agreement by and between the
Company and its lender, DBD Credit Funding LLC, which closed on
April 27, 2017 (the Restructuring Agreement).
The resulting gain on debt extinguishment as a result of such
transaction and the valuation of the Companys share of INVT SPE
LLC, the special purpose entity created under the Restructuring
Agreement, resulted in the Company having stockholders equity of
approximately $7.2 million as of April 30, 2017.
Based on the foregoing, the Company believes that, as of April
30, 2017 and as of the date of this Current Report on Form 8-K,
it has been in compliance with the Stockholders Equity
Requirement and is eligible for an additional 180 calendar days
to regain compliance with the Minimum Bid Price Requirement.
Accordingly, the Company has requested that the Panel reconsider
its delisting determination.
If trading of the Companys common stock on the Nasdaq Capital
Market is suspended as of the open of business on June 7, 2017,
the Company expects its common stock to trade on the electronic
quotation service operated by OTC Markets Group Inc.
(www.otcmarkets.com) under its current ticker symbol INVT.
About Inventergy Global, Inc. (NASDAQ:INVT)
Inventergy Global, Inc. is an intellectual property (IP) investment and licensing company. The Company offers clients a professional corporate licensing model for IP value creation. The Company’s Technical Lead and associated group works to understand the science and/or technology behind the patents of a particular portfolio, under the review of the Legal Lead and in support of the Business team. This group coordinates the work of third party technology consultants, including technical external resources, such as technical experts, reverse engineering consultancies and other providers, to deliver inputs to the Legal and Business teams. The Legal Lead and Team manage the existing patent asset portfolio from a global perspective and also manage further prosecution of continuing patent cases. The Legal Lead also is responsible for the legal structure and legal documents of any license or negotiated settlement with prospective licensees.
