Kidpik (PIK) received a notification letter from The Nasdaq Stock Market Hearings Panel on December 20, 2024, indicating that trading in the Company’s common stock on Nasdaq’s Capital Market will be suspended effective at the open of business on December 26, 2024, based upon the Company’s non-compliance with Listing Rule 5550(b)(1), the Exchange’s minimum shareholders’ equity rule. The Company previously announced that on October 2, 2024, the Company received a delist determination letter from the Staff of Nasdaq, notifying the Company that the Staff had determined that the Company did not provide a definitive plan evidencing its ability to achieve compliance with the continued listing requirements and to deny the Company’s request for continued listing on The Nasdaq Capital Market. The Company subsequently appealed the Staff’s determination to the Panel and the Panel denied the Company’s appeal and determined to delist the Company’s securities. The Company has 15 days after the date of the Nasdaq Delisting Notice to request that the Panel review the decision, or the Nasdaq Listing and Hearing Review Council may, on its own motion, determine to review the Panel’s decision within 45 calendar days after the Nasdaq Delisting Notice. In connection with the Nasdaq Delisting Notice, Nasdaq will complete the delisting by filing a Notification of Removal from Listing and/or Registration under Section 12(b) of the Securities and Exchange Act of 1934 on Form 25 with the Commission after the applicable Nasdaq review and appeal periods have lapsed. The Company intends to appeal the Panel’s decision to the Nasdaq Listing and Hearing Review Council. An appeal to the Council will not stay the delisting of the Company’s securities. Once the Company’s securities are delisted, there may be a very limited market in which the Company’s shares are traded, the Company’s stockholders may find it difficult to sell their shares of the Company and the trading price of the Company’s securities, if any, may be adversely affected. The Company anticipates that, concurrent with the suspension of trading of its common stock on Nasdaq, the Company’s shares will begin trading on the OTC Markets’ “OTC Pink Market” tier under the symbol “PIK.”
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