On the risk of delisting of ordinary shares of Eagle Pharmaceuticals, Inc. (EGRX)

The International Trading System Limited (hereinafter — ITS) hereby informs on the additional information concerning delisting risk of ordinary shares of Eagle Pharmaceuticals, Inc. (ISIN US2697961082, hereinafter — Shares, QI) from The Nasdaq Stock Market LLC (hereinafter — Nasdaq).

Information on delisting risk of ordinary shares by Nasdaq 

On April 12, 2024 Eagle Pharmaceuticals, Inc (hereinafter — Company) submitted Current report on Form 8-K to The United States Securities and Exchange Commission (hereinafter – SEC). According to the report, on April 8, 2024 the Company received a notice from Nasdaq that the Company was not in compliance with Nasdaq Listing Rule 5250(c)(1), which requires the timely filing of Annual Report on Form 10-K for the year ended December 31, 2023 with the SEC. As previously disclosed, the company also failed to timely file its Quarterly Report on Form 10-Q with the SEC. The Company must submit an update to the Plan by April 23, 2024, to include the Company’s plans to file the Form 10-K, and the Company plans to include in such update that the Company believes it is unlikely that it will file the Form 10-Q or the Form 10-K by the May 13, 2024, extension deadline.

If the Company fails to regain compliance prior to the expiration of the extension period, Nasdaq will provide written notification that the Company’s securities (hereinafter – Qualified Investments) will be delisted. For more information, please refer to the report available on the SEC website.

Information regarding possible actions to be taken by ITS Ltd.

ITS Ltd. (hereinafter – ITS) conducts regular monitoring of the relevant information disclosed by the Company. On November 30, 2023 ITS discovered that the Company’s Qualified Investments did not comply with the requirements of applicable legislation and Listing Rules and determined to grant six months grace period to regain compliance. If the Company fails to regain compliance prior to grace period, ITS will terminate trading in Company’s Qualified Investments.

Delisting of the Qualified Investments by Nasdaq will be considered to constitute a breach of the ITS Regulations on admitting financial instruments to trading and result in termination of trading in the Qualified Investments on ITS. In case Nasdaq decides to suspend trading in the Company's securities until the date of their delisting on Nasdaq, ITS may make a similar decision.