On August 13, 2015, Ku6 Media Co., Ltd. (the “Company”) received a letter from The NASDAQ Stock Market (“NASDAQ”) notifying it that for the prior 30 consecutive business days, the Company’s listed securities failed to maintain a minimum market value of US$50,000,000, and the Company’s publicly held securities failed to maintain a minimum market value of $15,000,000, respectively. Consequently, deficiencies exist with regard to the requirements for continued listing pursuant to NASDAQ Listing Rule 5450(b)(2)(A) (the “MVLS Rule”) and NASDAQ Listing Rule 5450(b)(2)(C) (the “MVPHS Rule”).
NASDAQ further stated that in accordance with NASDAQ Listing Rules 5810(c)(3)(C) and 5810(c)(3)(D), the Company will be provided 180 calendar days, or until February 9, 2016, to regain compliance with the MVLS Rule and the MVPHS Rule. NASDAQ will deem the Company to have regained compliance under the MVLS Rule if at any time before February 9, 2016 the market value of the Company’s listed securities closes at US$50,000,000 or more for a minimum of ten consecutive business days. NASDAQ will deem the Company to have regained compliance under the MVPHS Rule if at any time before February 9, 2016 the market value of the Company’s publicly held securities closes at US$15,000,000 or more for a minimum of ten consecutive business days.
These notifications do not impact the listing and trading of the Company’s securities at this time. However, the NASDAQ letters also state that, if the Company does not regain compliance with the MVLS Rule or the MVPHS Rule by February 9, 2016, the Company will receive written notification from NASDAQ that the Company’s securities are subject to delisting. The Company is reviewing its options for regaining compliance with the MVLS Rule and MVPHS Rule and for remedying other future potential non-compliances with Nasdaq continued listing requirements, including the requirement to maintain a minimum bid price of at least $1.00 per share. There can be no assurance that the Company will be able to regain compliance with the MVLS Rule, MVPHS Rule or other Nasdaq continued listing requirements in a timely fashion.
Ku6 Media Co., Ltd. | ||||
By: | /s/ Jason Ma | |||
Name: | Jason Ma | |||
Title: | Acting Chief Financial Officer |