Empery Digital Inc. current report, 02 April 2024

Business Context and Reporting Period

Volcon, Inc. filed this Form 8-K on April 4, 2024, reporting an event occurring on April 2, 2024. The filing concerns the company’s Nasdaq listing compliance. The provided metadata names Empery Digital Inc., but the filing identifies the registrant as Volcon, Inc. (NASDAQ: VLCN).

Key Financial and Operating Metrics

The filing does not provide revenue, profit, cash flow, margins, debt, liquidity, or other financial performance metrics.

Material Changes Versus the Prior Comparable Period

  • On April 2, 2024, the Nasdaq Hearings Panel granted Volcon an extension until June 24, 2024, to demonstrate compliance with certain continued-listing requirements.
  • The extension follows prior Nasdaq notices concerning a common-stock bid price below $1.00, a closing bid price of $0.10 or less for ten consecutive trading days, and market value of listed securities below the applicable minimum.
  • The company’s hearing request had previously stayed suspension of its common stock pending the Panel’s decision.

Guidance, Outlook, Risks, Contingencies, and Unusual Items

Volcon stated that it intends to implement its plan to meet the milestones set by the Panel before June 24, 2024. The extension is subject to conditions, and failure to satisfy the applicable Nasdaq requirements could result in suspension or delisting of the company’s common stock.

The filing references noncompliance with Nasdaq Listing Rules 5550(a)(2) and 5550(b)(1). The provided text does not describe the specific milestones or conditions imposed by the Panel.

Investor Verification Items

  • Verify the specific conditions and milestones attached to the June 24, 2024 extension.
  • Monitor whether Volcon achieves compliance with the applicable bid-price and listing requirements by the deadline.
  • Confirm the status of any Nasdaq suspension or delisting action after June 24, 2024.
  • Reconcile the filing registrant, Volcon, Inc., with the request metadata identifying Empery Digital Inc.