NOTIFICATION OF REMOVAL FROM LISTING AND/OR REGISTRATION UNDER SECTION 12(b) OF THE SECURITIES EXCHANGE ACT OF 1934.
UNITED STATES
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SECURITIES AND EXCHANGE COMMISSION
Washington, D.C. 20549
FORM 25
NOTIFICATION OF REMOVAL FROM LISTING AND/OR REGISTRATION
UNDER SECTION 12(b) OF THE SECURITIES EXCHANGE ACT OF 1934.
Commission File Number 333-233315
Issuer: SmileDirectClub, Inc.
Exchange: Nasdaq Stock Market LLC
(Exact name of Issuer as specified in its charter, and name of Exchange where security is listed and/or registered)
Address: 414 Union Street
Nashville TENNESSEE 37219
Telephone number: 401-378-7336
(Address, including zip code, and telephone number, including area code, of Issuer's principal executive offices)
Common stock
(Description of class of securities)
Please place an X in the box to designate the rule provision relied upon to strike the class of securities from listing and registration:
17 CFR 240.12d2-2(a)(1)
17 CFR 240.12d2-2(a)(2)
17 CFR 240.12d2-2(a)(3)
17 CFR 240.12d2-2(a)(4)
Pursuant to 17 CFR 240.12d2-2(b), the Exchange has complied with its rules to strike the class of securities from listing and/or withdraw registration on the Exchange. 1
Pursuant to 17 CFR 240.12d2-2(c), the Issuer has complied with its rules of the Exchange and the requirements of 17 CFR 240.12d-2(c) governing the voluntary withdrawal of the class of securities from listing and registration on the Exchange.
Pursuant to the requirements fo the Securities Exchange Act of 1934, Nasdaq Stock Market LLC certifies that it has reasonable grounds to believe that it meets all of the requirements for filing the Form 25 and has caused this notification to be signed on its behalf by the undersigned duly authorized person.
2023-12-27 By Aravind Menon Hearings Advisor
Date Name Title
1 Form 25 and attached Notice will be considered compliance with the provisions of 17 CFR 240.19d-1 as applicable. See General Instructions.
Persons who respond to the collection of information contained in this form are not required to respond unless the form displays a currently valid OMB Number.
Delisting Determination, The Nasdaq Stock Market, LLC, December 27, 2023,
SmileDirectClub, Inc.
The Nasdaq Stock Market LLC (the Exchange) has determined to remove
from listing the securities of SmileDirectClub, Inc., effective
at the opening of the trading session on January 8, 2024.
Based on review of information provided by the Company, Nasdaq
Staff determined that the Company no longer qualified for listing
on the Exchange pursuant to Listing Rule 5450(a)(1). The Company
was notified of the Staff determination on May 18, 2023.
On May 25, 2023, the Company exercised its right to appeal the Staff
determination to the Listing Qualifications Hearings Panel (Panel)
pursuant to Rule 5815. On June 29, 2023, upon review of the information
provided by the Company, the Panel determined to grant the Company
request to remain listed in the Exchange subject to a series of
milestones. On October 2, 2023, Staff issued an additional delist
determination pursuant to Listing Rules 5101, 5110(b), and IM-5101-1.
The Company securities were suspended on October 4, 2023. Subsequently,
the Company notified the Panel of its intent to withdraw its appeal.
The Panel issued a letter on October 18, 2023, acknowledging the
Companys appeal withdrawal. The Staff determination to delist the
Company became final on October 18, 2023.