F45 Receives NYSE Notice Regarding Delayed Form 10-K Filing
14 Avril 2023 - 10:05PM
Business Wire
F45 Training Holdings Inc. (NYSE: FXLV) (“F45” or the “Company”)
today announced that it received a notice from the New York Stock
Exchange (the “NYSE”) indicating that the Company is not in
compliance with Section 802.01E of the NYSE Listed Company Manual
as a result of its failure to timely file its Annual Report on Form
10-K for the year ended December 31, 2022 (the “2022 Form 10-K”)
with the Securities and Exchange Commission (the “SEC”). The notice
has no immediate effect on the listing of the Company’s stock on
the NYSE.
In accordance with NYSE rules, the Company has contacted the
NYSE to discuss the status of the late filing and is issuing this
required press release. The NYSE informed the Company that, under
NYSE rules, the Company will have six months from March 31, 2023 to
file the 2022 Form 10-K with the SEC. The Company can regain
compliance with the NYSE listing standards at any time prior to
that date by filing its 2022 Form 10-K. If the Company fails to
file the 2022 Form 10-K before the NYSE’s compliance deadline, the
NYSE may grant, at its sole discretion, an extension of up to six
additional months for the Company to regain compliance, depending
on the specific circumstances. The notice from the NYSE also notes
that the NYSE may nevertheless commence delisting proceedings at
any time if it deems that the circumstances warrant.
As the Company reported in its Form 12b-25 filed with the SEC on
March 16, 2023, the Company has been unable to finalize the 2022
Form 10-K because the Company and its independent registered public
accounting firm require additional time to complete certain items
with respect to the Company’s financial statement preparation and
review processes, including management’s assessment of the
effectiveness of the Company’s internal controls over financial
reporting for the period ended December 31, 2022. The Company is
not currently in a position to file the 2022 Form 10-K, but the
Company continues to work expeditiously to conclude its review and
will file the 2022 Form 10-K as soon as practicable.
About F45
F45 offers consumers functional 45-minute workouts that are
effective, fun and community-driven. F45 utilizes proprietary
technologies including a fitness programming algorithm and a
digitally-enabled delivery platform that leverages a rich content
database of thousands of unique functional training movements to
offer new workouts each day and provide a standardized experience
across F45’s global franchise. For more information, please visit
www.f45training.com.
Forward-Looking Statements
This press release contains forward-looking statements, within
the meaning of Section 27A of the Securities Act of 1933, as
amended, and Section 21E of the Securities Exchange Act of 1934, as
amended, including, without limitation, the Company’s expectations
as to timing and results of the conclusion of its financial
statement review process. These forward-looking statements involve
a number of risks and uncertainties. Words such as “may,” “will,”
“should,” “expects,” “plans,” “anticipates,” “could,” “intends,”
“target,” “projects,” “contemplates,” “believes,” “estimates,”
“predicts,” “potential,” or “continue” or negatives of these words
and variations of such words and similar expressions are intended
to identify such forward-looking statements. All forward-looking
statements included in this press release are based on management’s
expectations as of the date of this press release and, except as
required by law, F45 disclaims any obligation to update these
forward- looking statements to reflect future events or
circumstances.
Forward-looking statements are subject to certain risks,
uncertainties and assumptions relating to factors that could cause
actual results to differ materially from those anticipated in such
statements, including, without limitation, the discovery of
additional information relevant to the review processes for our
financial statements; the timing of the review by, and the
conclusions of, our independent registered public accounting firm
regarding our financial statements; and the risk that the
completion and filing of the 2022 Form 10-K will take longer than
expected. Detailed information regarding these and other factors
that could affect F45’s business and results is included in F45’s
SEC filings, including in the section titled “Risk Factors” in
F45’s Annual Report on Form 10-K and other SEC filings.
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version on businesswire.com: https://www.businesswire.com/news/home/20230414005317/en/
Media Contact Kekst CNC Sherri L. Toub / Anntal Silver /
Daniel Hoadley F45MediaInquiries@kekstcnc.com Investor
Contact ICR, Inc. Bruce Williams F45IR@icrinc.com (332)
242-4303
F45 Training (NYSE:FXLV)
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