SECURITIES AND EXCHANGE COMMISSION
Washington, D.C. 20549
REPORT OF FOREIGN ISSUER
PURSUANT TO RULE 13a-16 OR 15d-16
OF THE SECURITIES EXCHANGE ACT OF 1934
January 8, 2024
(Commission File No. 001-38475)
ASLAN PHARMACEUTICALS LIMITED
(REG. NO. 289175)
(Translation of registrants name into English)
(Jurisdiction of incorporation or organization)
3 Temasek Avenue
Level 18 Centennial Tower
(Address of registrants principal executive office)
Indicate by check mark whether the registrant files or will file annual reports under cover Form 20-F or Form 40-F.
Form 20-F ☒ Form 40-F ☐
Indicate by check mark if the registrant is submitting the Form 6-K in paper as permitted by Regulation S-T Rule 101 (b) (1):
Yes ☐ No ☒
Indicate by check mark if the registrant is submitting the Form 6-K in paper as permitted by Regulation S-T Rule 101 (b) (7):
Yes ☐ No ☒
Announcement of Receipt of Nasdaq Deficiency Notice Regarding Minimum Bid Price Requirement
On January 5, 2024, ASLAN Pharmaceuticals Limited (the Company) received a notice (the Notice) from the Nasdaq Stock Market LLC (Nasdaq) that the Company is not currently in compliance with the $1.00 minimum bid price requirement for continued listing on the Nasdaq Capital Market, as set forth in Nasdaq Listing Rule 5550(a)(2) (the Minimum Bid Price Requirement). The Notice indicated that, consistent with Nasdaq Listing Rule 5810(c)(3)(A), the Company has 180 days, or until July 3, 2024 (the Compliance Deadline), to regain compliance with the Minimum Bid Price Requirement by having the closing bid price of the Companys ADSs meet or exceed $1.00 per ADS for at least ten consecutive business days. The Notice is only a notification of deficiency and has no immediate effect on the listing of the Companys ADSs. The Companys ADSs will continue to trade on the Nasdaq Capital Market at this time. The Companys receipt of the Notice does not impact the Companys business, operations or reporting requirements with the Securities and Exchange Commission. The Company announced the receipt of the Notice through a press release on January 8, 2024 (the Press Release), which is attached hereto as Exhibit 99.1.
If the Company does not regain compliance by the Compliance Deadline, the Company may be afforded an additional 180 calendar day period to regain compliance. To qualify, the Company would be required to meet the continued listing requirement for market value of publicly held securities and all other initial listing standards for the Nasdaq Capital Market, except for the Minimum Bid Price Requirement. In addition, the Company would be required to notify Nasdaq of its intent to cure the deficiency during the second compliance period. If the Company does not regain compliance with the Minimum Bid Price Requirement by the end of the compliance period (or the second compliance period, if applicable), the Companys ADSs will become subject to delisting. In the event that the Company receives notice that its ADSs are being delisted, the Nasdaq listing rules permit the Company to appeal a delisting determination to a Nasdaq hearings panel.
There can be no assurance, however, that the Company will be able to regain compliance with the Minimum Bid Price Requirement, and even if it does, there can be no assurance that the Company will be able to maintain compliance with the continued listing requirements for the Nasdaq Capital Market or that the Companys ADSs will not be delisted in the future. In addition, the Company may be unable to meet other applicable listing requirements of the Nasdaq Capital Market, including maintaining minimum levels of shareholders equity or market values of the Companys ADSs, in which case, the ADSs could be delisted notwithstanding the Companys ability to demonstrate compliance with the Minimum Bid Price Requirement.
Delisting from the Nasdaq Capital Market may adversely affect the Companys ability to raise additional financing through the public or private sale of equity securities, may significantly affect the ability of investors to trade the Companys securities and may negatively affect the value and liquidity of the Companys ADSs. Delisting also could have other negative results, including the potential loss of employee confidence, the loss of institutional investors or interest in business development opportunities.
The information contained in this Form 6-K is hereby incorporated by reference into the Companys Registration Statement on Form F-3 (File No. 333-252575), Registration Statement on Form F-3 (File No. 333-254768), Registration Statement on Form F-3 (File No. 333-270835), Registration Statement on Form F-3 (File No. 333-270837), Registration Statement on Form S-8 (File No. 333-252118), Registration Statement on Form S-8 (File No. 333-263843) and Registration Statement on Form S-8 (File No. 333-270832).
|Press release dated January 8, 2024.
Pursuant to the requirements of the Securities Exchange Act of 1934, the registrant has duly caused this report to be signed on its behalf by the undersigned, thereto duly authorized.
|ASLAN PHARMACEUTICALS LIMITED
|Kiran Kumar Asarpota
|Chief Operating Officer
Date: January 8, 2024
ASLAN PHARMACEUTICALS ANNOUNCES RECEIPT OF NASDAQ DEFICIENCY NOTICE REGARDING MINIMUM BID PRICE REQUIREMENT
San Mateo, California, and Singapore, January 8, 2024 - ASLAN Pharmaceuticals (NASDAQ: ASLN) (ASLAN or the Company), announced today that on January 5, 2024, it received a written notice (the Notice) from the Listing Qualifications Department of The Nasdaq Stock Market LLC (Nasdaq) indicating that the Company is not in compliance with the US$1.00 minimum bid price requirement under the Nasdaq Listing Rules (the Listing Rules). Based on the closing bid price of the Companys listed securities for the 30 consecutive business days ended January 4, 2024, the Company has not met the minimum bid price requirement set forth in Listing Rule 5550(a)(2) during that period. The Notice is only a notification of deficiency and has no immediate effect on the listing of the Companys American Depositary Shares (ADS). The Companys ADSs will continue to trade on the Nasdaq Capital Market at this time. The Companys receipt of the Notice does not impact the Companys business, operations or reporting requirements with the Securities and Exchange Commission.
The Notice states that under Listing Rule 5810(c)(3)(A) the Company is provided with a period of 180 calendar days, or until July 3, 2024, to regain compliance with the Listing Rules. To regain compliance with the Listing Rules, the closing bid price of the Companys ADSs must meet or exceed US$1.00 per ADS for at least ten consecutive business days. In the event the Company does not regain compliance by July 3, 2024, the Company may be eligible for an additional 180 calendar day period to regain compliance or may face delisting.
The Company intends to continue to monitor the closing bid price of its ADSs between now and July 3, 2024, and to evaluate its available options to regain compliance.
The Company fully intends to resolve the deficiency and regain compliance with the Listing Rules.
About ASLAN Pharmaceuticals
ASLAN Pharmaceuticals (Nasdaq: ASLN) is a clinical-stage, immunology-focused biopharmaceutical company developing innovative treatments to transform the lives of patients. ASLAN is developing eblasakimab, a potential first-in-class antibody targeting the IL-13 receptor in moderate-to-severe atopic dermatitis (AD) with the potential to improve upon current biologics used to treat allergic disease, and has reported positive topline data from a Phase 2b dose-ranging study in moderate-to-severe AD patients. ASLAN is also developing farudodstat, a potent oral inhibitor of the enzyme dihydroorotate dehydrogenase (DHODH) as a potential first-in-class treatment for alopecia areata (AA) in a Phase 2a, proof-of-concept trial with an interim readout expected in mid-2024. ASLAN has teams in San Mateo, California, and in Singapore. For additional information please visit the Website or follow ASLAN on LinkedIn.
Forward looking statements
This release contains forward-looking statements. These statements are based on the current beliefs and expectations of the management of ASLAN Pharmaceuticals Limited and/or its affiliates (the Company). These forward-looking statements may include, but are not limited to, statements regarding the Companys intention to resolve the deficiency and regain compliance with the Nasdaq Listing Rules. The Companys estimates, projections and other forward-looking statements are based on managements current assumptions and expectations of future events and trends, which affect or may affect the Companys business, strategy, operations, or financial performance, and inherently involve significant known and unknown risks and uncertainties. Actual results and the timing of events could differ materially from those anticipated in such forward-looking statements as a result of many risks and uncertainties, which include, unexpected safety or efficacy data observed during preclinical or clinical studies; clinical site activation rates or clinical trial enrolment rates that are lower than expected; the impact of health epidemics or pandemics, the ongoing conflict between Ukraine and Russia, as well as ongoing conflicts in the Middle East on the Companys business and the global economy; general market conditions; changes in the competitive landscape; and the Companys ability to obtain sufficient financing to fund its strategic and clinical development plans. Other factors that may cause actual results to differ from those expressed or implied in such forward-looking statements are described in the Companys U.S. Securities and Exchange Commission filings and reports (Commission File No. 001- 38475), including the Companys Annual Report on Form 20-F filed with the U.S. Securities and Exchange Commission on March 24, 2023. All statements other than statements of historical fact are forward-looking statements. The words believe, may, might, could, will, aim, estimate, continue, anticipate, intend, expect, plan, or the negative of those terms, and similar expressions that convey uncertainty of future events or outcomes are intended to identify estimates, projections, and other forward-looking statements. Estimates, projections, and other forward-looking statements speak only as of the date they were made, and, except to the extent required by law, the Company undertakes no obligation to update or review any estimate, projection, or forward-looking statement.
Media and IR contacts
Tel: +65 6206 7350
Ashley R. Robinson
LifeSci Advisors, LLC
Tel: +1 (617) 430-7577