---
schema_version: "secwatch.filing_event.v1"
accession: "0001193125-23-279801"
form_type: "8-K"
ticker: null
cik: "0000811240"
company_name: "BIOLASE, INC"
filed_at: "2023-11-17T23:59:59+00:00"
generated_at: "2026-06-08T00:38:52.840034+00:00"
event_type: "regulatory"
sentiment: "negative"
materiality_score: 0.9
calibrated_materiality_score: 0.9
confidence: "high"
source: SEC EDGAR
---

# BIOLASE receives Nasdaq delisting notice for equity of $332K vs $2.5M required

## Summary
- Stockholders' equity of $332K as of Sep 30, 2023 falls far below Nasdaq's $2.5M minimum listing requirement.
- Company has until Dec 29, 2023 to submit a compliance plan; Nasdaq may grant up to 180-day extension.
- Eleventh Amendment to credit agreement reduces Nov 2023 amortization payment to $165K and lowers minimum unencumbered liquid assets to $1.5M through Dec 30.
- Minimum liquid assets requirement rises to $2.5M thereafter and to $3.5M for quarters ending March 2024 and beyond.
- Company evaluating options to regain compliance but cannot assure success; delisting remains possible.

## SEC filing metadata
- accession: 0001193125-23-279801
- form_type: 8-K
- cik: 0000811240
- company_name: BIOLASE, INC
- filed_at: 2023-11-17T23:59:59+00:00
- event_type: regulatory
- sentiment: negative
- materiality_score: 0.9
- calibrated_materiality_score: 0.9
- confidence: high
- sec_items: 1.01, 3.01
- EDGAR index: https://www.sec.gov/Archives/edgar/data/811240/000119312523279801/0001193125-23-279801-index.htm
- EDGAR primary document: https://www.sec.gov/Archives/edgar/data/811240/000119312523279801/d499098d8k.htm

## Machine-readable alternates
- HTML: https://secwatch.observer/filing/0001193125-23-279801
- JSON: https://secwatch.observer/filing/0001193125-23-279801.json
- Plain text: https://secwatch.observer/filing/0001193125-23-279801.txt

## Key facts
- Listing & Compliance Notices
  BIOLASE, INC received a nasdaq deficiency notice notice regarding stockholders equity (rules 5550(b)(1)).
  - Exchange: nasdaq
  - Notice: deficiency notice
  - Deficiency: stockholders equity
  - Rules: 5550(b)(1)
  source text: November 14, 2023, the Company received a deficiency letter from the Listing Qualifications Department (the “Staff”) of the Nasdaq Stock Market (“Nasdaq”) notifying the Company that, based on the Company’s stockholders’ equity of $332,000 as of September 30, 2023, as reported in the Company’s Quarterly Report on Form 10-Q for the quarterly period ended September 30, 2023, it is no longer in compliance with the minimum stockholders’ equity requirement for continued listing on the Nasdaq Capital Market under Nasdaq Listing Rule 5550(b)(1), which requires listed companies to maintain stockholders
  evidence_url: https://www.sec.gov/Archives/edgar/data/811240/000119312523279801/0001193125-23-279801-index.htm
- Material Agreements
  BIOLASE, INC amended Eleventh Amendment to Credit Agreement with SWK Funding LLC valued at Amended principal amortization payments and minimum consolidated unencumbered liquid assets covenant (effective 2023-11-15).
  - Action: amendment
  - Agreement: credit facility
  - Counterparty: SWK Funding LLC
  - Value: Amended principal amortization payments and minimum consolidated unencumbered liquid assets covenant
  - Effective: 2023-11-15
  source text: On November 15, 2023, BIOLASE, Inc., a Delaware corporation (the “Company”), entered into the Eleventh Amendment to Credit Agreement (the “Eleventh Amendment”) with SWK Funding LLC (“SWK”), in connection with that certain Credit Agreement (the “Credit Agreement”), by and among the Company, SWK, and the lender parties thereto.
  evidence_url: https://www.sec.gov/Archives/edgar/data/811240/000119312523279801/0001193125-23-279801-index.htm

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