Delcath Systems Inc (DCTH)

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APPEAL WAS FILED
ITEM 3.01 Notification of Failure to Satisfy a Continued Listing Rule or Standard
On August 15, 2017, Delcath Systems, Inc, Inc. (the “Company”) received written notification from the Listing Qualifications Staff of The NASDAQ Stock Market LLC (“Nasdaq”) indicating that, based upon the Company’s continued non-compliance with the minimum stockholder’s equity requirement for continued listing on The Nasdaq Capital Market, as set forth in Nasdaq Listing Rule 5550(b)(2) (the “Rule”), the Staff had determined to delist the Company’s securities from Nasdaq (the “Staff Determination”) unless the Company timely requests a hearing before the Nasdaq Hearings Panel (the “Panel”).
The Company intends to timely request a hearing before the Panel, which request will stay any suspension or delisting action by Nasdaq at least until the hearing process concludes and any extension granted by the Panel expires. At the hearing, the Company will present its plan to evidence compliance with the Rule, and request an extension of time within which to do so.
As previously disclosed by the Company, on February 13, 2017, Staff notified the Company that the bid price of its listed security had closed at less than $1 per share over the previous 30 consecutive business days, and, as a result, did not comply with Listing Rule 5550(a)(2) (the “Rule”). In accordance with Listing Rule 5810(c)(3)(A), the Company was provided 180 calendar days, or until August 14, 2017 to regain compliance. The Company did not evidence compliance with the Rule by August 14, 2017, and was not eligible for an additional 180 day extension because it does not meet the stockholder’s equity requirement, which resulted in the issuance of the Staff Determination.

SIGNATURE
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.

DELCATH SYSTEMS, INC.

Date: August 21, 2017 By: /s/ Jennifer Simpson
Name: Jennifer Simpson
Title: President and Chief Executive Officer
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