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): November 16, 2021

AZIYO BIOLOGICS, INC. 

(Exact name of registrant as specified in its charter)

12510 Prosperity Drive, Suite 370
Silver Spring, MD 20904 

(Address of principal executive offices) (Zip Code)

(240) 247-1170 

(Registrant’s telephone number, include area code)

N/A 

(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:

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

Indicate by check mark whether the registrant is an emerging growth company as defined in Rule 405 of the Securities Act of 1933 (§230.405 of this chapter) or Rule 12b-2 of the Securities Exchange Act of 1934 (§240.12b-2 of this chapter).

Emerging growth company x

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. ¨

On November 16, 2021, Aziyo Biologics, Inc. (the “Company”) received a written notice (the “Notice”) from the Listing Qualifications Staff of The Nasdaq Stock Market LLC (“Nasdaq”) notifying the Company that the Company’s stockholders’ equity as reported in the Company’s Quarterly Report on Form 10-Q for the quarterly period ended September 30, 2021 does not satisfy the continued listing requirement under Nasdaq Listing Rule 5450(b)(1)(A), which requires that the Company’s stockholders’ equity be at least $10.0 million for continued listing on the Nasdaq Global Market. The Notice has no immediate effect on the listing of the Company’s Class A common stock, which will continue to trade on the Nasdaq Global Market under the symbol “AZYO” at this time.

In accordance with such notice, the Company has 45 days from the date of the Notice to submit a plan to regain compliance with all Nasdaq Global Market listing requirements. Alternatively, the Company may apply to transfer from the Nasdaq Global Market to the Nasdaq Capital Market tier subject to the Company’s satisfaction of the Nasdaq Capital Market’s listing requirements. The Company currently intends to transfer to the Capital Market tier.

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.