---
schema_version: "secwatch.filing_event.v1"
accession: "0001193125-23-268923"
form_type: "8-K"
ticker: null
cik: "0001069308"
company_name: "Acer Therapeutics Inc."
filed_at: "2023-11-02T23:59:59+00:00"
generated_at: "2026-06-08T23:18:12.920688+00:00"
event_type: "other_material"
sentiment: "negative"
materiality_score: 0.9
calibrated_materiality_score: 0.9
confidence: "high"
source: SEC EDGAR
---

# Acer receives Nasdaq delisting notice; trading suspended Nov 9; merger vote critical for survival

## Summary
- Nasdaq will suspend ACER trading at open on Nov 9, 2023; company will not appeal, leading to OTC Pink listing.
- Bridge loan from Zevra increased from $16.5M to $18M via First Amendment dated Oct 31, 2023.
- ISS and Glass Lewis recommend shareholders vote 'FOR' merger with Zevra at Nov 8 special meeting.
- If merger not approved, ACER will trade OTC Pink starting Nov 9 and may be forced to cease operations.

## SEC filing metadata
- accession: 0001193125-23-268923
- form_type: 8-K
- cik: 0001069308
- company_name: Acer Therapeutics Inc.
- filed_at: 2023-11-02T23:59:59+00:00
- event_type: other_material
- sentiment: negative
- materiality_score: 0.9
- calibrated_materiality_score: 0.9
- confidence: high
- sec_items: 1.01, 3.01, 8.01, 9.01
- EDGAR index: https://www.sec.gov/Archives/edgar/data/1069308/000119312523268923/0001193125-23-268923-index.htm
- EDGAR primary document: https://www.sec.gov/Archives/edgar/data/1069308/000119312523268923/d684425d8k.htm

## Machine-readable alternates
- HTML: https://secwatch.observer/filing/0001193125-23-268923
- JSON: https://secwatch.observer/filing/0001193125-23-268923.json
- Plain text: https://secwatch.observer/filing/0001193125-23-268923.txt

## Key facts
- Listing & Compliance Notices
  Acer Therapeutics Inc. received a nasdaq delisting notice notice regarding market value (rules 5550(b)(2)).
  - Exchange: nasdaq
  - Notice: delisting notice
  - Deficiency: market value
  - Rules: 5550(b)(2)
  source text: October 31, 2023, the Company, received a letter (the “Delisting Notification”) from the staff (the “Staff”) of the Listing Qualifications Department of The Nasdaq Stock Market LLC (“Nasdaq”) stating that Nasdaq will suspend trading in the Company’s common stock, $0.0001 par value per share (“Common Stock”), effective at the opening of trading on November 9, 2023, because the Company had not regained compliance with the Nasdaq Listing Rule 5550(b)(2) (the “MVLS Rule”), which requires a listed company to have at least $35 million in market value of listed securities (“MVLS”) in order to qualify
  evidence_url: https://www.sec.gov/Archives/edgar/data/1069308/000119312523268923/0001193125-23-268923-index.htm
- Material Agreements
  Acer Therapeutics Inc. amended First Amendment with Zevra Therapeutics, Inc. valued at $18,000,000 (effective 2023-10-31).
  - Action: amendment
  - Agreement: credit facility
  - Counterparty: Zevra Therapeutics, Inc.
  - Value: $18,000,000
  - Effective: 2023-10-31
  source text: On October 31, 2023, Acer Therapeutics Inc. (“Acer” or the “Company”) entered into an amendment (the “First Amendment”) to the Bridge Loan Agreement which amended that certain Bridge Loan Agreement dated as of August 30, 2023, (the “Bridge Loan Agreement”) by and between the Company and Zevra Therapeutics, Inc., a Delaware corporation (“Zevra”).
  evidence_url: https://www.sec.gov/Archives/edgar/data/1069308/000119312523268923/0001193125-23-268923-index.htm

This AI-assisted summary is a reading aid. Review the linked SEC EDGAR filing before relying on any specific claim.