Faraday Future Announces Nasdaq Delisting Determination and Intention to Appeal

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Faraday Future Intelligent Electric Inc. (NASDAQ: FFIE) announced that it received a delisting determination from Nasdaq due to non-compliance with bid price rules. The company intends to appeal the decision, seeking to regain compliance through filing reports and potentially a reverse stock split.

Positive

• None.

Negative

• Delisting determination by Nasdaq due to non-compliance with bid price rules

• Failure to file Form 10-K for the year ended December 31, 2023, leading to additional basis for delisting

• Potential suspension of trading of the Company's common stock if appeal is not filed by May 1, 2024

Financial Analyst

The situation at Faraday Future is indicative of a firm grappling with significant challenges. The repeated failure to meet Nasdaq's minimum bid price requirement is typically a red flag, signaling issues with investor confidence and possibly a reflection of underlying financial or operational weaknesses. Investors should particularly note the missed deadline for filing the Form 10-K, which further exacerbates concerns about transparency and financial health. It's essential to monitor the company's ability to address these non-compliance issues within the given timeframe. The potential reverse stock split could be a strategy to artificially maintain compliance, but it does not necessarily address the fundamental reasons for the stock's decline. An evaluation of the company's fundamentals, independent of the listing compliance saga, is important for a comprehensive investment decision.

Legal Expert

The legal procedures involved in a Nasdaq delisting are procedural yet carry weighty consequences. From a legal standpoint, Faraday Future’s intention to appeal buys them time but doesn't guarantee a solution to their compliance issues. The appeal process includes a hearing with Nasdaq’s Hearings Panel, which will consider the company’s plan to regain compliance. During this period, the company’s stock will continue to trade, but the suspended status casts a shadow of uncertainty. If the appeal fails and trading is suspended, it would likely diminish the stock’s liquidity and could potentially lead to a drop in market capitalization. Investors should be aware of these risks and the legal complexities involved in delisting and appeals processes.

Market Research Analyst

From a market perspective, Faraday Future's current trajectory is indicative of difficulties within the broader context of the electric vehicle (EV) market. While the EV sector is generally poised for growth, driven by environmental concerns and technological advancements, not all players are positioned equally. Faraday Future's struggle to maintain Nasdaq listing could suggest operational struggles or competitive disadvantages. Investors should contrast Faraday Future's performance with peers to discern whether these issues are company-specific or symptomatic of larger industry challenges. It may also be worth exploring the market's receptivity to potential remedial actions, such as a reverse stock split, within the context of investor sentiment.

LOS ANGELES--(BUSINESS WIRE)-- Faraday Future Intelligent Electric Inc. (“Faraday Future” or the “Company”) (NASDAQ: FFIE), a California-based global shared intelligent electric mobility ecosystem company, today announced that it received a letter from The Nasdaq Stock Market LLC (“Nasdaq”) dated April 24, 2024, indicating that the Company was not in compliance with Nasdaq Listing Rule 5810(c)(3)(A)(iii), as the Company’s securities had a closing bid price of $0.10 or less for ten consecutive trading days. The letter indicated that, as a result, the Nasdaq staff has determined to delist the Company’s securities from The Nasdaq Capital Market (the “Delisting Determination”).

As previously reported, on December 28, 2023, Nasdaq notified the Company that the bid price of its listed securities had closed at less than $1.00 per share over the previous 30 consecutive business days and, as a result, did not comply with Listing Rule 5550(a)(2). The Company was provided 180 calendar days, or until June 25, 2024, to regain compliance with this rule.

Additionally, on April 18, 2024, Nasdaq notified the Company that since it had not yet filed its Form 10-K for the year ended December 31, 2023, it no longer complied with Listing Rule 5250(c)(1). Pursuant to Listing Rule 5810(c)(2)(A), this deficiency is now an additional basis for delisting.

The Company intends to request a hearing to appeal the Delisting Determination by May 1, 2024, the latest date permitted, which will stay the suspension of the Company’s securities for 15 days from the date of the request, during which time the Company’s securities will continue to be listed on The Nasdaq Capital Market. The Company also intends to request an extended stay of the suspension pending such hearing with Nasdaq’s Hearings Panel.

If the Company fails to appeal the Delisting Determination by May 1, 2024, trading of the Company’s common stock will be suspended at the opening of business on May 3, 2024, and a Form 25-NSE will be filed with the Securities and Exchange Commission, which will remove the Company’s securities from listing and registration on The Nasdaq Stock Market.

The Company is considering all potential options available to it to regain compliance with the aforementioned rules, including filing its 2023 Annual Report on Form 10-K, timely filing its Quarterly Report on Form 10-Q for the quarter ended March 31, 2024, and seeking stockholder approval for a reverse stock split.

ABOUT FARADAY FUTURE

Faraday Future is the pioneer of the Ultimate AI TechLuxury ultra spire market in the intelligent EV era, and the disruptor of the traditional ultra-luxury car civilization epitomized by Ferrari and Maybach. FF is not just an EV company, but also a software-driven intelligent internet company. Ultimately FF aims to become a User Company by offering a shared intelligent mobility ecosystem. FF remains dedicated to advancing electric vehicle technology to meet the evolving needs and preferences of users worldwide, driven by a pursuit of intelligent and AI-driven mobility.

FOLLOW FARADAY FUTURE

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https://www.facebook.com/faradayfuture/

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www.linkedin.com/company/faradayfuture/

FORWARD LOOKING STATEMENTS

This release includes “forward looking statements” within the meaning of the safe harbor provisions of the United States Private Securities Litigation Reform Act of 1995. When used in this release the words “estimates,” “projected,” “expects,” “anticipates,” “forecasts,” “plans,” “intends,” “believes,” “seeks,” “may,” “will,” “should,” “future,” “propose” and variations of these words or similar expressions (or the negative versions of such words or expressions) are intended to identify forward-looking statements. These forward-looking statements, which include statements regarding the expected timing and implementation of the reverse split and the commencement of trading of the Company’s post-split common stock, involve a number of known and unknown risks, uncertainties, assumptions and other important factors, many of which are outside the Company’s control, that could cause actual results or outcomes to differ materially from those discussed in the forward-looking statements. Important factors, among others, that may affect actual results or outcomes include, among others: the Company’s ability to continue as a going concern and improve its liquidity and financial position; the Company’s ability to remediate its material weaknesses in internal control over financial reporting; risks related to the restatement of the Company’s previously issued consolidated financial statements; the Company’s limited operating history and the significant barriers to growth it faces; the Company’s history of losses and expectation of continued losses; increased operating expenses; incorrect assumptions and analyses developed by management; the market performance of the Company’s common stock; the Company ability to regain compliance with Nasdaq listing requirements; the Company’s ability to execute on its plans to develop and market its vehicles and the timing of these development programs; the Company’s estimates of the size of the markets for its vehicles and cost to bring those vehicles to market; the rate and degree of market acceptance of the Company’s vehicles; the success of other competing manufacturers; the performance and security of the Company’s vehicles; the Company’s ability to receive funds from, satisfy the conditions precedent of, and close on the various financings described elsewhere by the Company; the result of current and future financing efforts, the failure of any of which could result in the Company seeking protection under the Bankruptcy Code; the Company’s indebtedness; the Company’s ability to cover future warranty claims; insurance coverage; the outcome of the Securities and Exchange Commission (“SEC”) investigation relating to the matters that were the subject of the Special Committee investigation; the success of the Company’s remedial measures taken in response to the Special Committee findings; the Company’s dependence on its suppliers and contract manufacturers; the Company’s ability to develop and protect its technologies; the Company’s ability to protect against cybersecurity risks; general economic and market conditions impacting demand for the Company’s products; risks related to the Company’s operations in China; risks related to the Company’s stockholders who own a significant amount of the Company’s common stock; potential cost, headcount and salary reduction actions may not be sufficient or may not achieve their expected results; the ability of the Company to attract and retain directors and employees; any adverse developments in existing legal proceedings or the initiation of new legal proceedings; and volatility of the Company’s stock price. The foregoing list of factors is not exhaustive. You should carefully consider the foregoing factors and the other risks and uncertainties described in the “Risk Factors” section of the Company’s Annual Report on Form 10-K/A for the year ended December 31, 2022 and Quarterly Report on Form 10-Q for the quarter ended September 30, 2023, as well as the risk factors incorporated by reference in Item 8.01 of the Current Report on Form 8-K/A filed with the SEC on December 28, 2023, and other documents filed by the Company from time to time with the SEC. These filings identify and address other important risks and uncertainties that could cause actual events and results to differ materially from those contained in the forward-looking statements. Forward-looking statements speak only as of the date they are made. Readers are cautioned not to put undue reliance on forward-looking statements, and the Company does not undertake any obligation to update or revise any forward-looking statements, whether as a result of new information, future events or otherwise, except as required by law.

View source version on businesswire.com: https://www.businesswire.com/news/home/20240426126811/en/

Investors (English): ir@faradayfuture.com

Investors (Chinese): cn-ir@faradayfuture.com

Media: john.schilling@ff.com

Source: Faraday Future Intelligent Electric Inc.

FAQ

What led to Faraday Future's delisting determination by Nasdaq?

Faraday Future received a delisting determination from Nasdaq due to non-compliance with bid price rules.

What actions is Faraday Future taking in response to the delisting determination?

Faraday Future intends to appeal the decision by filing reports and potentially seeking stockholder approval for a reverse stock split.

When will trading of Faraday Future's common stock be suspended if an appeal is not filed?

If Faraday Future fails to appeal the delisting determination by May 1, 2024, trading of the Company's common stock will be suspended at the opening of business on May 3, 2024.