Athena Technology Acquisition Corp. II Announces Receipt of Notice of Non-Compliance with NYSE American Continued Listing Requirements
24 April 2024 - 10:15PM
Business Wire
Athena Technology Acquisition Corp. II (NYSE American: ATEK.U,
ATEK, ATEK WS) (“ATEK” or the “Company”) received an official
notice of noncompliance (the “NYSE American Notice”) from NYSE
Regulation (“NYSE”) stating that the Company is not in compliance
with NYSE American continued listing standards (the “Filing
Delinquency Notification”) due to the failure to timely file the
Company’s Form 10-K for the year ended December 31, 2023 (the
“Delinquent Report”) by the filing due date of April 16, 2024 (the
“Filing Delinquency”).
The Company intends to file the Delinquent Report in the near
future, however, there is currently no anticipated date for when
such Filing Delinquency will be cured via the filing of the
Delinquent Report. The Company intends, however, to regain
compliance with the NYSE American continued listing standards once
the Delinquent Report has been filed. In the interim, the NYSE
American Notice has no immediate effect on the listing or trading
of the Company’s Class A common stock listed on NYSE American.
There can be no assurance that the Company will ultimately regain
and remain in compliance with all applicable NYSE American listing
standards.
About Athena Technology Acquisition Corp. II
Athena Technology Acquisition Corp. II (NYSE American: ATEK.U,
ATEK, ATEK WS), incorporated in Delaware, is a special purpose
acquisition company incorporated for the purpose of effecting a
merger, capital stock exchange, asset acquisition, stock purchase,
reorganization or similar business combination with one or more
businesses or entities. ATEK is the third SPAC founded by Isabelle
Freidheim, who also serves as its Chief Executive Officer, with
Kirthiga Reddy as President and Anna Apostolova as Chief Financial
Officer.
No Offer or Solicitation
This press release does not constitute an offer to sell, or a
solicitation of an offer to buy or a recommendation to purchase any
securities in any jurisdiction, or the solicitation of any vote,
consent or approval in any jurisdiction in connection with the
Potential Business Combination or any related transactions, nor
shall there be any sale, issuance or transfer of any securities in
any jurisdiction where, or to any person to whom, such offer,
solicitation or sale may be unlawful under the laws of such
jurisdiction. This press release does not constitute either advice
or a recommendation regarding any securities. No offering of
securities shall be made except by means of a prospectus meeting
the requirements of the Securities Act of 1933, as amended (the
“Securities Act”), or an exemption therefrom.
Forward-Looking Statements
Certain statements made in this press release are not historical
facts but may be considered “forward-looking statements” within the
meaning of Section 27A of the Securities Act of 1933, as amended
(the “Securities Act”), Section 21E of the Securities Exchange Act
of 1934, as amended, and the “safe harbor” provisions under the
Private Securities Litigation Reform Act of 1995. Forward-looking
statements generally are accompanied by words such as “believe,”
“may,” “will,” “estimate,” “continue,” “anticipate,” “intend,”
“expect,” “should,” “would,” “plan,” “predict,” “potential,”
“seem,” “seek,” “future,” “outlook,” “intend,” or continue or the
negatives of these terms or variations of them or similar
terminology or expressions that predict or indicate future events
or trends or that are not statements of historical matters.
These statements are based on the current expectations of the
Company’s management and are not predictions of actual performance.
Such statements may include, but are not limited to, statements
regarding the Company’s plan to file the Delinquent Report within
the provided cure period to regain compliance with the NYSE
American continued listing standards. These forward-looking
statements are provided for illustrative purposes only and are not
intended to serve as, and must not be relied on, by any investor as
a guarantee, an assurance, a prediction or a definitive statement
of fact or probability. Actual events and circumstances are
difficult or impossible to predict and will differ from
assumptions. Many actual events and circumstances are beyond the
control of the Company. These statements are subject to a number of
risks and uncertainties, and actual results may differ materially.
These risks and uncertainties include, but are not limited to: the
Company’s ability to file the Delinquent Report within the Initial
Cure Period to regain compliance with the NYSE American continued
listing standards, general economic, political and business
conditions; the number of redemption requests made by the Company’s
stockholders in connection with a potential business combination;
the outcome of any legal proceedings that may be instituted against
the Company; the risk that the approval of the Company’s
stockholders for a potential transaction is not obtained;
expectations related to the terms and timing of a potential
business combination; failure to realize the anticipated benefits
of a business combination; the risk that a business combination may
not be completed by the Company’s business combination deadline and
the potential failure to obtain an extension of its business
combination deadline, if sought by the Company; costs related to a
business combination; and other risks that will be detailed from
time to time in filings with the SEC, including those risks
discussed under the heading “Risk Factors” in the Company’s Annual
Report on Form 10-K for the year ended December 31, 2022 filed with
the SEC on March 30, 2023 and in subsequently filed Quarterly
Reports on Form 10-Q. The foregoing list of risk factors is not
exhaustive. There may be additional risks that could also cause
actual results to differ from those contained in these
forward-looking statements. In addition, forward-looking statements
provide the Company’s expectations, plans or forecasts of future
events and views as of the date of this press release. And while
the Company may elect to update these forward-looking statements in
the future, the Company specifically disclaims any obligation to do
so. These forward-looking statements should not be relied upon as
representing the Company’s assessments as of any date subsequent to
the date of this press release. Accordingly, undue reliance should
not be placed upon the forward-looking statements. Nothing herein
should be regarded as a representation by any person that the
forward-looking statements set forth herein will be achieved or
that the results of such forward-looking statements will be
achieved.
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