Delisting Determination, The Nasdaq Stock Market, LLC,
March 3, 2023, Statera Biopharma, Inc.
The Nasdaq Stock Market LLC (the Exchange) has determined to remove
from listing the common stock of Statera Biopharma, Inc. (the
Company), effective at the opening of the trading session on
March 13, 2023.
Based on review of information provided by the Company, Nasdaq Staff
determined that the Company no longer qualified for listing on the
Exchange pursuant to Listing Rule 5250(c)(1). The Company was notified
of the Staff determination on September 1, 2022. On September 8, 2022,
the Company exercised its right to appeal the Staff determination to
the Listing Qualifications Hearings Panel (Panel) pursuant to Rule 5815.
On September 20, 2022, Staff issued an additional delist determination
for the Company failure to meet the requirement in Listing Rule 5550(a)(2).
A Panel hearing was held on October 6, 2022. On October 11, 2022, Staff
issued an additional delist determination letter for the Company failure
to meet the requirements of Listing Rules 5550(b)(1) and 5250(e)(2)(D).
On October 26, 2022, upon review of the information provided by the Company,
the Panel determined to grant the Company request to remain listed in
the Exchange subject to a series of milestones. After failing to meeting
the Hearings Panel exception, on January 10, 2023, the Hearings Panel
issued a final decision denying the Company continued listing and notified
the Company that trading in the Company securities would be suspended on
January 12, 2023. On January 25, 2023, the Company exercised its right to
appeal the Panel decision and requested a hearing to the Nasdaq Listing and
Hearing Review Council (Council) pursuant to Rule 5820(a).
On February 9, 2023, in application of Rule 5820(a) the Panel issued a letter
deeming the matter closed as the Company had failed to evidence payment of
the appeal fee.  The Staff determination to delist the Company became final
on February 13, 2023.