NOTIFICATION
OF LATE FILING
SEC
FILE NUMBER 000-13789
CUSIP
NUMBER 00687E 307
(Check
one): |
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☒
Form 10-K ☐ Form 20-F ☐ Form 11-K ☐ Form 10-Q
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Form 10-D ☐ Form N-SAR ☐ Form N-CSR |
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For
Period Ended: December 31, 2021 |
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☐
Transition Report on Form 10-K |
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☐
Transition Report on Form 20-F |
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☐
Transition Report on Form 11-K |
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☐
Transition Report on Form 10-Q |
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☐
Transition Report on Form N-SAR |
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For
the Transition Period Ended: |
Nothing in this form shall be construed to imply that the Commission has verified any information
contained herein. |
If
the notification relates to a portion of the filing checked above, identify the Item(s) to which the notification relates:
PART
I — REGISTRANT INFORMATION
Adhera
Therapeutics, Inc.
Full
Name of Registrant
8000
Innovation Parkway
Address
of Principal Executive Office (Street and Number)
Baton
Rouge, LA 70820
City,
State and Zip Code
PART
II — RULES 12b-25(b) AND (c)
If
the subject report could not be filed without unreasonable effort or expense and the registrant seeks relief pursuant to Rule 12b-25(b),
the following should be completed. (Check box if appropriate)
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(a) |
The
reason described in reasonable detail in Part III of this form could not be eliminated without unreasonable effort or expense;
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(b) |
The
subject annual report, semi-annual report, transition report on Form 10-K, Form 20-F, Form 11-K, Form N-SAR or Form N-CSR, or portion
thereof, will be filed on or before the fifteenth calendar day following the prescribed due date; or the subject quarterly report
or transition report on Form 10-Q or subject distribution report on Form 10-D, or portion thereof, will be filed on or before the
fifth calendar day following the prescribed due date; and
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(c) |
The
accountant’s statement or other exhibit required by Rule 12b-25(c) has been attached if applicable. |
PART
III — NARRATIVE
State
below in reasonable detail the reasons why Form 10-K, 11-K, 20-F, 10-Q, N-SAR or the transition report portion thereof could not be filed
within the prescribed time period.
Adhera
Therapeutics, Inc. (the “Company”) is unable to file the Annual Report on Form 10-K for the fiscal year ended December 31,
2021 (the “Form 10-K”) in a timely manner without unreasonable effort or expense, as the Company is still compiling the necessary
financial information to complete the filing, and because the Company does not have a separate Chief Financial Officer employed by it
and uses an outside consultant to assist in the preparation of its financial statements, the Company has been delayed in finalizing such
financial information. The Company expects to file the Form 10-K on or prior the 15th calendar day following the prescribed due date.
Part
IV - Other Information
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1. |
Name
and telephone number of person to contact in regard to this notification |
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Michael
D. Harris |
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(561) |
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471-3507 |
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(Name) |
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(Area
Code) |
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(Telephone
Number) |
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2. |
Have
all other periodic reports required under Section 13 or 15(d) of the Securities Exchange Act of 1934 or Section 30 of the Investment
Company Act of 1940 during the preceding 12 months or for such shorter period that the registrant was required to file such report(s)
been filed? If answer is no, identify report(s). |
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Yes
☒ No ☐ |
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3. |
Is
it anticipated that any significant change in results of operations from the corresponding period for the last fiscal year will be
reflected by the earnings statements to be included in the subject report or portion thereof? |
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Yes
☒ No ☐ |
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If
so, attach an explanation of the anticipated change, both narratively and quantitatively, and, if appropriate, state the reasons
why a reasonable estimate of the results cannot be made. |
The
Company expects to report no income and a net loss of approximately $9.5 million for the fiscal year ended December 31, 2021, compared
to income of approximately $45,000 and a net loss of approximately $3.8 million for the fiscal year ended December 31, 2020. The difference
in the net losses is primarily due to a change in fair value of derivative liability of approximately $7.2 million based on conversion
features on convertible notes which were outstanding as of December 31, 2021.
The
expected results of operation set forth above are subject to change and completion of the audit.
Adhera
Therapeutics, Inc.
(Name
of Registrant as Specified in Charter)
Pursuant
to the requirements of Section 13 or 15(d) of the Securities Exchange Act of 1934, the registrant has duly caused this notification to
be signed on its behalf by the undersigned hereunto duly authorized.
Date:
April 1, 2022 |
By: |
/s/
Andrew Kucharchuk |
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Andrew
Kucharchuk |
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Title: |
Chief
Executive Officer |
Adhera Therapeutics (CE) (USOTC:ATRX)
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Adhera Therapeutics (CE) (USOTC:ATRX)
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