UNITED STATES
SECURITIES AND EXCHANGE COMMISSION
Washington, DC 20549
FORM 8-K
CURRENT REPORT
Pursuant to Section 13 or 15(d) of the
Securities Exchange Act of 1934
Date of report (Date of earliest event reported):
February 12,
2021
Commission
File Number: 001-37853
AzurRx BioPharma, Inc.
(Exact
name of registrant as specified in its charter.)
Delaware
(State
or other jurisdiction of incorporation or
organization)
46-4993860
(IRS
Employer Identification No.)
1615 South Congress Avenue, Suite 103
Delray Beach, Florida 33445
(Address
of principal executive offices)
646-699-7855
(Registrant's
Telephone number)
Not Applicable
(Former
Name or Former Address, if Changed Since Last Report)
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:
[ ]
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 (17 CFR
230.405) or Rule 12b-2 of the Securities Exchange Act of 1934 (17
CFR 240.12b-2)
Emerging
growth company [X]
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. [ ]
Securities
registered pursuant to Section 12(b) of the Act:
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Title of each class
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Trading Symbol(s)
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Name of exchange on which registered
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Common
Stock, par value $0.0001 per share
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AZRX
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Nasdaq
Capital Market
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Item 8.01 Other Events.
As
previously reported, on March 23, 2020, AzurRx BioPharma, Inc. (the
“Company”) received a letter from the Listing
Qualifications Department (the “Staff”) of The Nasdaq
Stock Market LLC (“Nasdaq”) indicating the Company was
not in compliance with the requirement for continued listing on the
Nasdaq Capital Market, as set forth in Nasdaq Listing Rule
5550(a)(2) (the “Minimum Bid Price Requirement”) to
maintain a minimum bid price of $1.00 per share for its common
stock, par value $0.001 per share (the “Common Stock”).
The period for the Company to regain compliance was subsequently
extended to June 1, 2021, in accordance with Nasdaq Listing Rule
5810(c)(3)(A) and related guidance.
On
February 12, 2021, the Company received a letter from Nasdaq
indicating that the Staff had determined that, from January 21 to
February 12, 2021, the closing bid price of the Common Stock had
been at $1.00 per share or greater. Accordingly, the Staff
determined that the Company has regained compliance with the
Minimum Bid Price Requirement and that 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.
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AzurRx BioPharma, Inc.
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Date:
February 16, 2021
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By:
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/s/ James Sapirstein
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Name:
James Sapirstein
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Title:
President and Chief Executive Officer
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