Item 3.01. Notice of Delisting or Failure to Satisfy a Continued Listing Rule or Standard; Transfer of Listing. OnJanuary 4, 2021 ,Acacia Communications, Inc. (the "Company") received a letter from the Listing Qualifications Staff ofThe Nasdaq Stock Market LLC ("Nasdaq"), which stated that the Company no longer complies with Nasdaq's continued listing rules due to the Company not having held an annual meeting within 12 months of the Company's fiscal year endedDecember 31, 2019 , as required by Nasdaq Listing Rule 5620(a) (the "Listing Rule"). In accordance with Nasdaq Listing Rule 5810(c)(2)(G), the Company has 45 calendar days to submit a plan to regain compliance and, if the plan is accepted by Nasdaq, Nasdaq may grant the Company an exception of up to 180 calendar days from its most recent fiscal year end, or untilJune 30, 2021 , to regain compliance with the Listing Rule. OnJanuary 8, 2021 , the Company provided Nasdaq with a plan stating that the Company plans to hold an annual meeting of shareholders on or beforeMay 31, 2021 . There can be no assurance that Nasdaq will accept the Company's plan, that Nasdaq will grant the Company any exception or that the Company will be able to regain compliance with the Listing Rule or maintain compliance with any other Nasdaq requirement in the future. In the event the Company's plan is not accepted by Nasdaq or the Company does not regain compliance with the Listing Rule by any extension that may be potentially granted by Nasdaq pursuant to an exception, the Company will receive written notification from Nasdaq that the Company's securities are subject to delisting. At that time, the Company may appeal the relevant delisting determination to a hearings panel. However, there can be no assurance that, if the Company does appeal the delisting determination by Nasdaq to the panel, that such appeal would be successful.
Safe Harbor for Forward-Looking Statements
This Current Report on Form 8-K includes statements concerning the Company and
its future expectations, plans and prospects that constitute "forward-looking
statements" within the meaning of the Private Securities Litigation Reform Act
of 1995. For this purpose, any statements contained herein that are not
statements of historical fact may be deemed to be forward-looking statements.
Without limiting the foregoing, the words "may," "should," "would," "expects,"
"plans," "anticipates," "could," "intends," "target," "projects,"
"contemplates," "believes," "estimates," "predicts," "potential," "will" or
"continue" or the negative of these terms or other similar expressions are
intended to help you identify forward-looking statements. The events and
circumstances reflected in the forward-looking statements may not be achieved or
occur and actual results could differ materially from those projected in the
forward-looking statements. These forward-looking statements speak only as of
the date of this Current Report on Form 8-K and are subject to a number of
risks, uncertainties and assumptions including, without limitation, the
Company's ability, and related plan, to regain compliance with Nasdaq's Listing
Rule or maintain its listing on the Nasdaq Global Select Market, the potential
impacts on the Company's business, results of operations and financial condition
as a result of the previously disclosed termination of the prior agreement and
plan of merger among the Company, Cisco Systems, Inc. and
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