Filing Overview
This Form 8-K was filed by Agrify Corporation, although the request metadata identifies RYTHM, Inc. The report concerns an event dated July 19, 2023, and was signed on July 21, 2023. The filing was submitted under Item 8.01, Other Events.
Business Context and Reporting Period
The filing addresses Agrify’s compliance status with Nasdaq listing requirements. It does not report results for a fiscal quarter or year and provides no operating or financial-period data.
Key Financial and Operating Metrics
The filing does not provide revenue, profit, cash flow, margins, debt, liquidity, or other financial metrics.
Material Changes and Listing Status
- On July 19, 2023, Nasdaq notified the Company that it had regained compliance with the minimum bid price requirement under Nasdaq Listing Rule 5550(a)(2).
- The Company had previously received Nasdaq notices dated April 24, 2023 and May 17, 2023 concerning non-compliance with Nasdaq Listing Rule 5250(c)(1), resulting from delayed filing of its 2022 Form 10-K and first-quarter 2023 Form 10-Q.
- Regaining compliance with the minimum bid price requirement did not resolve the separate periodic-report filing deficiency.
Outlook, Risks, and Contingencies
Management stated that there can be no assurance the Company will regain compliance with Nasdaq Rule 5250(c)(1) within the prescribed timelines or remain compliant with other Nasdaq listing standards. The filing provides no additional guidance or management outlook.
Investor Verification Items
- Confirm the issuer identity: the filing names Agrify Corporation, ticker AGFY, rather than RYTHM, Inc.
- Verify whether the Company subsequently regained compliance with Nasdaq Rule 5250(c)(1) concerning its delayed 2022 Form 10-K and first-quarter 2023 Form 10-Q.
- Review subsequent filings for additional Nasdaq notices, delisting proceedings, or other listing-standard deficiencies.
- Assess the Company’s financial condition and liquidity using the applicable Form 10-K and Form 10-Q filings, as this 8-K contains no financial data.