Additional Proxy Soliciting Materials (definitive) (defa14a)
04 Octobre 2022 - 03:08PM
Edgar (US Regulatory)
UNITED STATES
SECURITIES
AND EXCHANGE COMMISSION
Washington,
D.C. 20549
SCHEDULE 14A
Proxy
Statement Pursuant to Section 14(a) of
the
Securities Exchange Act of 1934 (Amendment No.
)
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Filed
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Filed
by a Party other than the Registrant ☐
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the appropriate box:
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Preliminary Proxy
Statement
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Confidential,
for Use of the Commission Only (as permitted by Rule
14a-6(e)(2))
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Definitive Proxy
Statement
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Definitive
Additional Materials
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Soliciting
Material under §240.14a-12
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AMPIO PHARMACEUTICALS, INC.
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(Name
of Registrant as Specified In Its Charter)
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N/A
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(Name
of Person(s) Filing Proxy Statement, if other than the
Registrant)
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Fee
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Fee
computed on table in exhibit required by Item 25(b) per Exchange
Act Rules 14a-6(i)(1) and 0-11.
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Ampio Pharmaceuticals
Announces NYSE American Has Commenced Delisting Proceedings
ENGLEWOOD, Colo., October 4, 2022 — Ampio Pharmaceuticals, Inc.
(NYSE American: AMPE) (the “Company”) received written notification
from NYSE American LLC (“NYSE American” or the “Exchange”) stating
that the staff of NYSE Regulation has determined to commence
proceedings to delist the Company’s common stock from the Exchange.
Trading in the Company’s common stock was suspended.
NYSE
Regulation staff determined that the Company is no longer suitable
for listing pursuant to Section 1033(f)(v) of the NYSE American
Company Guide due to the abnormally low trading price of the
Company’s common stock. The Exchange’s application to the
Securities and Exchange Commission to delist the Company’s common
stock is pending, subject to the completion of the Exchange’s
applicable procedures, including any appeal by the Company of NYSE
Regulation’s decision.
The Company has a right to an appeal of this determination by the
Exchange, provided that the Company files a written request for
such review within seven calendar days after receiving the notice.
The Company’s Board of Directors is currently considering whether
to appeal the Exchange’s determination to commence delisting
proceedings.
Prior to receipt of the letter from
NYSE American, the Company began actively taking steps to regain
compliance with the listing standards of the NYSE American.
Specifically, the Company’s Board of Directors unanimously approved
and recommended that the Company’s stockholders approve an
amendment to the Company’s certificate of incorporation to effect a
reverse stock split of the Company’s common stock at a ratio of not
less than 5-to-1 and not greater than 15-to-1, with the exact ratio
to be determined by the Board in its discretion
before October 13, 2023 (the “Reverse
Stock Split”). The Company has called a Special Meeting of
Stockholders for October 13, 2022 to consider the Reverse Stock
Split. Consummation of the Reverse Stock Split may increase the
price of the Company’s shares of common stock and, as a result,
would likely enable the Company to maintain a higher market price
for its common stock, although there can be no assurance that the
Company’s stockholders will approve the Reverse Stock Split. There
can be no assurance that the Company will appeal the Exchange’s
determination or the outcome of any such appeal. There can be no
assurance that the Exchange will reconsider their decision to
delist in light of such appeal.
In the meantime, the Company’s common
stock will trade on the OTC Pink under the symbol “AMPE.” The
Company can provide no assurance that its common stock will
continue to trade on this market, that brokers will continue to
provide public quotes of the Company’s common stock on this market
or otherwise make a market in the Company’s common
stock or that the trading
volume of the Company’s common stock will be sufficient to provide
for an efficient trading market.
Caution
Regarding Forward-Looking Statements
This
press release includes certain forward-looking statements within
the meaning of the Private Securities Litigation Reform Act of
1995. All statements, other than statements of present or
historical fact, included in this document regarding the proposed
reverse stock split and strategic alternatives process are
forward-looking statements. These forward-looking statements are
subject to risks and uncertainties, including: Ampio’s stock is
subject to delisting from the NYSE American under currently pending
delisting proceeding; the Ampio stockholders may not approve the
reverse stock split proposal; if a reverse stock split is
completed, the market price of Ampio’s common stock may not
demonstrate sustained price improvement to regain compliance with
the NYSE American continued listing standards or Ampio may not be
able to maintain listing on the NYSE American for any other reason;
the challenges in identifying one or more attractive, strategic
businesses to transform Ampio through one or more strategic
transactions and the risk that no strategic transaction will be
considered by the Ampio board to be in the best interests of its
stockholders; the strategic alternatives process will consume our
cash resources and reduce cash available to be used in a strategic
transaction or cash available for the post-closing business; the
strategic alternatives process and any strategic transaction may
involve
unexpected costs,
liabilities or delays; the expense and risk associated with any
strategic transaction, including the risk that the expected
benefits of the transaction may not be realized in the time frames
expected or at all; and Ampio’s stock price has suffered and may
continue to suffer as a result of uncertainty surrounding the
strategic alternatives process and any resulting strategic
transaction.
Ampio Pharmaceuticals (AMEX:AMPE)
Graphique Historique de l'Action
De Jan 2023 à Fév 2023
Ampio Pharmaceuticals (AMEX:AMPE)
Graphique Historique de l'Action
De Fév 2022 à Fév 2023