RYTHM, Inc. current report, 28 May 2024

Filing Summary

Business Context and Reporting Period

Agrify Corporation, a Nevada corporation trading as AGFY on the Nasdaq Capital Market, filed a Form 8-K dated May 28, 2024. The filing reports a Regulation FD disclosure concerning Nasdaq listing compliance. The request metadata identifies RYTHM, Inc., but the filing itself identifies Agrify Corporation as the registrant.

Key Financial Metrics

The filing does not provide revenue, profit, cash flow, margins, debt, liquidity, stockholders’ equity amounts, or other financial statement metrics.

Material Changes and Developments

  • Nasdaq formally notified the Company that it had regained compliance with the minimum stockholders’ equity requirement under Nasdaq Listing Rule 5550(b)(1).
  • The filing does not state the amount of stockholders’ equity, the prior deficiency amount, or the actions that enabled the Company to regain compliance.

Guidance, Outlook, Risks, and Unusual Items

No financial guidance or operating outlook is provided. The principal disclosed risk-related matter was the Company’s prior noncompliance with Nasdaq’s minimum stockholders’ equity requirement; the filing states that compliance has been regained but does not describe whether any additional monitoring, conditions, or future compliance requirements apply.

The disclosure was furnished under Item 7.01 and, including Exhibit 99.1, is not deemed filed for purposes of Section 18 of the Exchange Act or incorporated by reference into other filings.

Facts Investors Should Verify

  • Review Exhibit 99.1 for the detailed Nasdaq notice and the Company’s explanation of how compliance was regained.
  • Verify the Company’s current stockholders’ equity and the calculation used to satisfy Nasdaq Rule 5550(b)(1).
  • Confirm whether Nasdaq imposed any continuing conditions, reporting obligations, or deadlines.
  • Reconcile the filing’s registrant name, Agrify Corporation, with any external reference to RYTHM, Inc.