UNITED STATES
SECURITIES AND EXCHANGE COMMISSION
WASHINGTON, D.C. 20549
FORM
CURRENT REPORT
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Item 3.01 Notice of Delisting or Failure to Satisfy a Continued Listing Rule or Standard; Transfer of Listing.
On February 16, 2024, Finch Therapeutics Group, Inc. (the “Company”) was notified by the Listing Qualifications Department (the “Staff”) of The Nasdaq Stock Market LLC (“Nasdaq”) that, based on the Staff’s review of the Company and pursuant to Listing Rule 5101, the Staff believes that the Company no longer has an operating business and is a “public shell” and that the continued listing of its securities is no longer warranted.
The Company disagrees with Nasdaq’s determination regarding the Company’s status as a “public shell” and, accordingly, has requested an appeal hearing. The hearing request automatically stays any suspension or delisting action pending the hearing and the expiration of any additional extension period that may be granted by the Nasdaq panel pursuant to the hearing. There can be no assurance that the Company’s appeal of the delisting determination will be successful or that, if successful, the Company will be able to maintain compliance with all applicable listing criteria.
Item 8.01 Other Events.
As previously disclosed, including in the Company’s Quarterly Report on Form 10-Q for the quarterly period ended September 30, 2023 and filed with the SEC on November 8, 2023, the Company and the Regents of the University of Minnesota are involved in litigation with Rebiotix Inc. and Ferring Pharmaceuticals Inc. regarding the infringement of various United States patents. On February 21, 2024, the Company received a notice that the U.S. District Court for the District of Delaware issued an order resetting the trial date from May 20, 2024 to August 5, 2024.
SIGNATURES
Pursuant to the requirements of the Securities Exchange Act of 1934, the registrant has duly caused this report to be signed on its behalf by the undersigned hereunto duly authorized.
| FINCH THERAPEUTICS GROUP, INC. | ||||||
| Date: February 23, 2024 | By: | /s/ Matthew P. Blischak | ||||
| Matthew P. Blischak | ||||||
| Chief Executive Officer, President and Secretary | ||||||