Fisker Announces Receipt of Notice of Late Filing from NYSE
20 November 2023 - 11:01PM
Business Wire
Fisker Inc. (NYSE: FSR) ("Fisker"), driven by a mission to
create the world's most emotional and sustainable electric
vehicles, today announced that it received a notice from the New
York Stock Exchange (the “NYSE”) on November 16, 2023 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 Quarterly Report on Form 10-Q for the quarter ended
September 30, 2023 (the “Form 10-Q”) with the Securities and
Exchange Commission (the “SEC”).
The NYSE informed the Company that, under NYSE rules, the
Company will have six months from November 14, 2023 to file the
Form 10-Q with the SEC. The Company can regain compliance with the
NYSE listing standards at any time prior to that date by filing its
Form 10-Q. If the Company fails to file the Form 10-Q 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.
On November 13, 2023, the Company filed a Notification of Late
Filing on Form 12b-25 (the “Form 12b-25”), indicating that the
filing of its Form 10-Q would be delayed. Although the Company has
dedicated significant resources to the completion of finalizing its
consolidated financial statements and related disclosures for
inclusion in the Form 10-Q, the Company was unable to file the Form
10-Q prior to November 14, 2023, the extension period provided by
the 12b-25. Additional time has been needed by the Company to
complete its preparation of the financial statements included in
the Form 10-Q. The Company is working diligently to ensure
appropriate disclosures are made in the Form 10-Q and expects to
file the Form 10-Q within the next few days.
About Fisker Inc.
California-based Fisker Inc. is revolutionizing the automotive
industry by designing and developing individual mobility in
alignment with nature. Passionately driven by a vision of a clean
future for all, the company is on a mission to create the world’s
most sustainable and emotional electric vehicle.
Forward-Looking
Statements
This press release includes forward-looking statements, which
are subject to the “safe harbor” provisions of the US Private
Securities Litigation Reform Act of 1995. These statements may be
identified by words such as “feel,” “believes,” expects,”
“estimates,” “projects,” “intends,” “should,” “is to be,” or the
negative of such terms, or other comparable terminology and
include, among other things, the closing and issuance of additional
notes pursuant to the Securities Purchase Agreement, and other
future events that involve risks and uncertainties. Such
forward-looking statements are not guarantees of future performance
and are subject to risks and uncertainties, which could cause
actual results to differ materially from the forward-looking
statements contained herein due to many factors, including, but not
limited to: Fisker’s limited operating history; Fisker’s ability to
enter into additional manufacturing and other contracts with Magna
or tier-one suppliers in order to execute on its business plan; the
risk that OEM and supply partners do not meet agreed-upon timelines
or experience capacity constraints; Fisker may experience
significant delays in the design, manufacture, regulatory approval,
launch and financing of its vehicles; Fisker’s ability to execute
its business model, including market acceptance of its planned
products and services; Fisker’s inability to retain key personnel
and to hire additional personnel; competition in the electric
vehicle market; Fisker’s inability to develop a sales distribution
network; and the ability to protect its intellectual property
rights; and those factors discussed in Fisker’s Annual Report on
Form 10-K, under the heading “Risk Factors”, filed with the
Securities and Exchange Commission (the “SEC”), as supplemented by
Quarterly Reports on Form 10-Q, and other reports and documents
Fisker files from time to time with the SEC. Any forward-looking
statements speak only as of the date on which they are made, and
Fisker undertakes no obligation to update any forward-looking
statement to reflect events or circumstances after the date of this
press release.
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version on businesswire.com: https://www.businesswire.com/news/home/20231120387675/en/
European Media: Press.europe@fiskerinc.com
US Media: Fisker@GODRIVEN360.com
Customer service: Support@fiskerinc.com
Fisker Inc. Communications: Matthew DeBord Sr Director,
Communications Strategy & Storytelling
mdebord@fiskerinc.com
Franziska Queling Regional Head of Public Relations Europe
fqueling@fiskerinc.com
Investor Relations: Frank Boroch, VP of Investor Relations
fboroch@fiskerinc.com
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