Bark, Inc. current report, 22 November 2023

BARK, Inc. Form 8-K Summary

Business Context and Reporting Period

BARK, Inc. filed a Form 8-K regarding a New York Stock Exchange continued-listing deficiency. The notice was received on November 22, 2023, based on trading activity through November 21, 2023; the press release was issued and the filing was signed on November 24, 2023.

Financial Metrics and Liquidity

This filing does not provide revenue, profit, cash flow, margin, debt, liquidity, or other operating financial metrics. The filing text does not provide a clear value for the Company’s average closing stock price, other than stating that it was below $1.00 per share over the consecutive 30-trading-day period ended November 21, 2023.

Material Change Versus Prior Period

The NYSE notified BARK that it was not in compliance with Section 802.01C of the NYSE Listed Company Manual because its common stock’s average closing price was below $1.00 per share for 30 consecutive trading days. This is a listing-status development, not a reported change in operating or financial performance.

Outlook, Risks, and Unusual Items

  • The notice does not result in immediate delisting. BARK’s common stock is expected to remain listed and traded on the NYSE during the cure period, subject to compliance with other NYSE requirements.
  • BARK has notified the NYSE that it intends to cure the deficiency and has a six-month cure period.
  • To regain compliance, BARK must have both a closing share price of at least $1.00 and a 30-trading-day average closing price of at least $1.00 on the applicable month-end or cure-period end date.
  • BARK is considering available alternatives, including a reverse stock split, which would be subject to stockholder approval.
  • If stockholder approval is required, the NYSE rules provide an exception to the six-month cure period, provided the required action is approved no later than the next annual meeting of stockholders.
  • The Company stated that the notice is not expected to affect ongoing business operations or SEC reporting requirements. Nonetheless, failure to regain compliance could ultimately expose the Company to delisting risk.

Key Facts for Investors to Verify

  • The exact date of the six-month cure-period deadline and applicable monthly compliance testing dates.
  • Whether BARK proposes a reverse stock split or another corrective action, and whether stockholder approval is required.
  • Subsequent NYSE determinations regarding compliance or delisting.
  • The Company’s financial condition and operating performance in its periodic reports, as this 8-K contains no financial statements or guidance.