kona20180522_8k.htm

UNITED STATES

SECURITIES AND EXCHANGE COMMISSION

Washington, D.C. 20549

 

FORM 8-K

 

CURRENT REPORT PURSUANT

TO SECTION 13 OR 15(d) OF THE

SECURITIES EXCHANGE ACT OF 1934

 

 

 

May 21, 2018

 

 

Date of Report (Date of earliest event

reported)

 

 

 

 

 

 

 

 

KONA GRILL, INC.

 

 

(Exact Name of Registrant as

Specified in its Charter)

 

 

 

Delaware

 

001-34082

 

20-0216690

(State or other jurisdiction

of incorporation)

 

(Commission File Number)

 

(IRS Employer

Identification No.)

 

 

 

15059 N. Scottsdale Road, Suite 300

Scottsdale, Arizona 85254

 

 

(Address of principal executive offices) (Zip Code)

 

 

 

 

 

 

 

 

(480) 922-8100 

 

 

(Registrant's telephone number,

including area code)

 

 

Check the appropriate box below if the Form 8-K filing is intended to simultaneously satisfy the filing obligation of the registrant under any of the following provisions (see General Instruction A.2. below):

 

[    ]

Written communications pursuant to Rule 425 under the Securities Act (17 CFR 230.425)

 

[    ]

Soliciting material pursuant to Rule 14a-12 under the Exchange Act (17 CFR 240.14a-12)

 

[    ]

Pre-commencement communications pursuant to Rule 14d-2(b) under the Exchange Act (17 CFR 240.14d-2(b))

   

[    ]

Pre-commencement communications pursuant to Rule 13e-4(c) under the Exchange Act (17 CFR 240.13e-4(c))

 

Indicate by check mark whether the registrant is an emerging growth company as defined in Rule 405 of the Securities Act of 1933 or Rule 12b-2 of the Securities Exchange Act of 1934.

 

Emerging growth company ☐

 

If an emerging growth company, indicate by check mark if the registrant has elected not to use the extended transition period for complying with any new or revised financial accounting standards provided pursuant to Section 13(a) of the Exchange Act. ☐

 

 

 

 

Item 3.01. Notice of Delisting or Failure to Satisfy a Continued Listing Rule or Standard; Transfer of Listing.

 

On May 3, 2018, Kona Grill, Inc. (the “Company”) received a deficiency notice from The Nasdaq Stock Market (“Nasdaq”) stating that for the last 30 consecutive business days the Company had not met The Nasdaq Global Market’s (the “Global Market”) $15,000,000 minimum market value of publicly held shares continued listing standard, as required by Nasdaq Listing Rule 5450(b)(2)(C) (the “Rule”). As provided in the Nasdaq rules, the Company has 180 calendar days, or until October 30, 2018, to regain compliance with the continued listing standard. In order to regain compliance, the Company’s market value of publicly held shares must be $15,000,000 or more for a minimum of ten consecutive business days at any time prior to October 30, 2018.

  

On May 21, 2018, the Company received a letter from Nasdaq regarding this matter. The letter stated that, for the last 10 consecutive trading days, from May 7 to 18, 2018, the Company’s minimum market value of publicly held shares has been $15,000,0000 or greater. Therefore, the Company has regained compliance with the Rule and the matter is now closed.

 

SIGNATURES

 

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 hereunto duly authorized.

 

Date: May 22, 2018  

KONA GRILL, INC.

 

 

 

 

 

 

By:

/s/ Christi Hing

 

 

 

Christi Hing

 

 

 

Chief Financial Officer