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

 

Date of Report (Date of earliest event reported):                             August 6, 2020                           
   
PACIFIC ETHANOL, INC.
(Exact Name of Registrant as Specified in Charter)

                 Delaware                 

(State or Other Jurisdiction

of Incorporation)

               000-21467               

(Commission File Number)

               41-2170618              

(IRS Employer

Identification No.)

400 Capitol Mall, Suite 2060

                   Sacramento, California                   

                                     95814                                     
(Address of Principal Executive Offices) (Zip Code)
   
Registrant’s Telephone Number, Including Area Code:                          (916) 403-2123                         
   
                                                                                                                                                           
(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 (see General Instruction A.2. below):

 

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

 

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

 

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

 

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

 

Securities registered pursuant to Section 12(b) of the Act:

 

Title of each class   Trading Symbol(s)   Name of each exchange on which registered
Common Stock, $0.001 par value   PEIX  

The Nasdaq Stock Market LLC

(Nasdaq Capital Market)

 

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 o

 

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. o

 

 

Item 8.01.Other Events.

On August 6, 2020, Pacific Ethanol, Inc. (the “Company”) received a letter from The NASDAQ Stock Market (“NASDAQ”) which contained a NASDAQ compliance determination that the Company has regained compliance with NASDAQ Listing Rule 5550(a)(2), which requires that listed securities maintain a minimum closing bid price of $1.00 per share.

On August 10, 2020, in light of NASDAQ’s compliance determination, the Board of Directors of the Company cancelled the Company’s special meeting of stockholders previously scheduled for August 27, 2020. The meeting had been scheduled for the Company’s stockholders to consider and vote on a proposal to authorize a reverse stock split as a means to regain NASDAQ compliance.

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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: August 10, 2020 PACIFIC ETHANOL, INC.
     
By: /S/ CHRISTOPHER W. WRIGHT
    Christopher W. Wright,
    Vice President, General Counsel & Secretary

 

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