---
schema_version: "secwatch.filing_event.v1"
accession: "0001213900-23-068981"
form_type: "8-K"
ticker: "FOXO"
cik: "0001812360"
company_name: "FOXO TECHNOLOGIES INC."
filed_at: "2023-08-18T23:59:59+00:00"
generated_at: "2026-06-11T07:01:19.032562+00:00"
event_type: "other_material"
sentiment: "negative"
materiality_score: 0.75
calibrated_materiality_score: 0.75
confidence: "high"
source: SEC EDGAR
---

# FOXO receives second NYSE American low-price delisting notice; CFO resigns

## Summary
- Second NYSE American notice: 30-day average stock price below $0.20 violates Section 1003(f)(v).
- Cure period to Feb 16, 2024; reverse split or price improvement needed; accelerated delisting possible.
- CFO Robert Potashnick resigns effective Sept 13, 2023, to pursue other opportunities; no disagreement.
- Already non-compliant with stockholders' equity rule (Section 1003(a)(i)); compliance plan due Dec 12, 2024.

## SEC filing metadata
- accession: 0001213900-23-068981
- form_type: 8-K
- ticker: FOXO
- cik: 0001812360
- company_name: FOXO TECHNOLOGIES INC.
- filed_at: 2023-08-18T23:59:59+00:00
- event_type: other_material
- sentiment: negative
- materiality_score: 0.75
- calibrated_materiality_score: 0.75
- confidence: high
- sec_items: 3.01, 5.02, 7.01, 9.01
- EDGAR index: https://www.sec.gov/Archives/edgar/data/1812360/000121390023068981/0001213900-23-068981-index.htm
- EDGAR primary document: https://www.sec.gov/Archives/edgar/data/1812360/000121390023068981/ea183875-8k_foxotech.htm

## Machine-readable alternates
- HTML: https://secwatch.observer/filing/0001213900-23-068981
- JSON: https://secwatch.observer/filing/0001213900-23-068981.json
- Plain text: https://secwatch.observer/filing/0001213900-23-068981.txt

## Key facts
- Listing & Compliance Notices
  FOXO TECHNOLOGIES INC. received a nyse_american deficiency notice notice regarding other (rules 1003(f)(v)).
  - Exchange: nyse american
  - Notice: deficiency notice
  - Rules: 1003(f)(v)
  source text: August 16, 2023, FOXO Technologies Inc. (the “Company”) received a second written notice (the “Notice”) from the NYSE American LLC (the “NYSE American”) stating that it is not in compliance with the continued listing standard set forth in Section 1003(f)(v) of the NYSE American Company Guide (the “Company Guide”) because the Company’s Class A common stock was selling for a low price per share for a substantial period of time, which NYSE American determined to be a 30-trading day average of less than $0.20 per share. The Notice stated that the Company’s continued listing is predicated on it eff
  evidence_url: https://www.sec.gov/Archives/edgar/data/1812360/000121390023068981/0001213900-23-068981-index.htm
- Executive change
  Robert Potashnick resigned as Chief Financial Officer at FOXO TECHNOLOGIES INC..
  - Action: resigned
  - Role: Chief Financial Officer
  source text: On August 14, 2023, Robert Potashnick notified the Company of his decision to resign as Chief Financial Officer of the Company, effective as of September 13, 2023, to pursue other opportunities.
  evidence_url: https://www.sec.gov/Archives/edgar/data/1812360/000121390023068981/0001213900-23-068981-index.htm

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