NightDragon Acquisition Corp. Receives Notice from Nasdaq Regarding Delayed Quarterly Report
May 28 2021 - 5:00PM
Business Wire
NightDragon Acquisition Corp. (NASDAQ: NDAC; NDACW; NDACU) (the
“Company”) announced today that it received on May 28, 2021 a
notice from Nasdaq stating that it is not in compliance with Nasdaq
Listing Rule 5250(c)(1), which requires timely filing of periodic
financial reports with the Securities and Exchange Commission (the
“SEC”) as a result of not having timely filed its quarterly report
on Form 10-Q for the three months ended March 31, 2021 (the “Form
10-Q”).
The Company expects to file its Form 10-Q or to submit a plan to
regain compliance within the timeline prescribed by Nasdaq. Under
Nasdaq’s listing rules, the Company has 60 calendar days from the
date of the letter to submit a plan to regain compliance. If the
plan is accepted by Nasdaq, the Company can be granted an exception
of up to 180 calendar days from the original due date of the Form
10-Q, or until November 22, 2021, to regain compliance. The Nasdaq
notice has no immediate effect on the trading of the Company’s
securities on the Nasdaq Capital Market.
As previously disclosed in the Current Report on Form 8-K filed
by the Company on May 17, 2021, on April 12, 2021, the staff (the
“Staff”) of the SEC issued a statement titled “Staff Statement on
Accounting and Reporting Considerations for Warrants issued by
Special Purpose Acquisition Companies” (“SPACs”) (the “Statement”).
In the Statement, the Staff expressed its view that certain terms
and conditions typically included in SPAC warrants may require the
warrants to be classified as liabilities on the SPAC’s balance
sheet as opposed to equity. The audit committee (the “Audit
Committee”) of the Company’s board of directors, together with
management, is currently determining the extent of the impact of
the Statement on the Company’s consolidated financial statements
and related financial information (the “Financial Statements”),
including the Financial Statements to be included in the Form
10-Q.
Forward-Looking Statements
This press release may include “forward-looking statements”
within the meaning of Section 27A of the Securities Act of 1933, as
amended, and Section 21E of the Securities Exchange Act of 1934, as
amended, including with respect to the Company’s expectations as to
the filing of its 10-Q and the Company’s ability to submit a
satisfactory compliance plan to Nasdaq. All statements other than
statements of historical fact included in this press release are
forward-looking statements. When used in this press release, words
such as “anticipate,” “believe,” “estimate,” “expect,” “intend” and
similar expressions, as they relate to us or our management team,
identify forward-looking statements. Such forward-looking
statements are based on the beliefs of management, as well as
assumptions made by, and information currently available to, the
Company’s management. Actual results could differ materially from
those contemplated by the forward-looking statements as a result of
certain factors detailed in the Company’s filings with the SEC. All
subsequent written or oral forward-looking statements attributable
to us or persons acting on our behalf are qualified in their
entirety by this paragraph. Forward-looking statements are subject
to numerous risks, uncertainties and other factors, many of which
are beyond the control of the Company, including, but not limited
to, the findings, conclusions and recommendations of the Audit
Committee (and their timing) with respect to the Financial
Statements; the response of the Company and its board of directors
to the Audit Committee’s findings, conclusions and recommendations;
the risk that completing and filing reports with the SEC will take
longer than expected; and the risk that the Company will be unable
to meet the listing standards for the Nasdaq Capital Market.
The forward-looking statements contained herein are also subject
to other risks and uncertainties, including those set forth in the
Risk Factors section of the Company’s registration statement and
prospectus relating to the Company’s initial public offering filed
with the SEC. The Company undertakes no obligation to update these
statements for revisions or changes after the date of this release,
except as required by law.
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version on businesswire.com: https://www.businesswire.com/news/home/20210528005470/en/
Investor Contact: Steve Simonian Chief Financial Officer
steve@nightdragon.com
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