Urban One Averts NASDAQ Delisting After Reporting Q3 2023 Operating Results
On December 22, Urban One filed its Form 10-Q with the Securities and Exchange Commission for the third quarter of 2023. In it the company reports net revenue of $117.8 million for the period ended September 30, 2023, a decrease of 2.8% from the same period in 2022. It also reports a net loss of $53.7 million in Q3 2023 compared to the net income of $3.7 million it reported in Q3 of 2022. Urban One had received a delisting notice from Nasdaq Stock Market LLC for failing to file its quarterly reports with the SEC on time. As TALKERS has previously reported on this matter, the tardiness stems from the company dismissing its previous independent registered public accounting firm BDO USA, LLP and
hiring Ernst & Young LLP. Yesterday (1/4), Urban One filed the following with the SEC: “On January 4, 2024, Urban One, Inc. announced that it had received notice from the Nasdaq Stock Market, LLC confirming that it has regained compliance with Nasdaq Listing Rule 5250(c) (the “Periodic Filing Rule”) which requires listed companies to timely file all required periodic financial reports with the Securities and Exchange Commission… with the company in compliance with the Periodic Filing Rule, Nasdaq has ceased any action to delist the company’s securities… Nasdaq has informed the company that it will be subject to a Mandatory Panel Monitor for a period of one year, or until December 29, 2024. If, within the one-year monitoring period, the company again fails to comply with the Periodic Filing Rule, the company will not be permitted to provide the Nasdaq Staff with a plan of compliance with respect to that deficiency, nor will the company be afforded a cure period. Instead, upon the Nasdaq Staff issuing a delist determination letter, the company would then have an opportunity to request a new hearing with the initial Hearing Panel or a newly convened Hearing Panel if the initial Hearing Panel is unavailable.”
accounting firm and the work required for E&Y to re-familiarize itself with the Company, the Company’s continued assessment of its internal controls, the Company is not able to finalize the financial statements and related information for inclusion in its quarterly report on Form 10-Q for the quarter ended September 30, 2023 (“2023 Q3 Form 10-Q”). Accordingly, the Company is unable to file its 2023 Q3 Form 10-Q within the prescribed time period as it works to complete each of the Company’s 2023 Q1 Form 10-Q, 2023 Q2 Form 10-Q and 2023 Q3 Form 10-Q.” This stems from BDO USA, LLP’s problematic valuation of Urban One’s investment interest in MGM National Harbor, which it sold for cash proceeds of approximately $136.8 million on April 21, 2023. This matter has also forced Nasdaq Stock Market LLC to begin the delisting process for the company’s stock.
listing requirements by not filing quarterly reports with the Securities and Exchange Commission for the first and second quarters of 2023. Urban One has been late with quarterly reports since it discovered problems with its former independent accounting firm’s valuation of its investment interest in MGM National Harbor, which the company sold for cash proceeds of approximately $136.8 million on April 21, 2023. Urban One has since dismissed that accounting firm and hired Ernst & Young LLP as its independent accounting firm. Nasdaq’s granting the stay means that the company’s shares will not be delisted before the outcome of the hearing scheduled for November 30. Urban One says it anticipates filing the delinquent reports prior to that date.