埃姆科 2024年度报告

FORM 10-K ANNUAL REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934For the fiscal year ended September 30, 2024or TRANSITION REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934For the transition period from ___ to ___Commission File Number:001-36632 EMCORE Corporation(Exact name of registrant as specified in its charter) (State or other jurisdiction of incorporation or organization)(I.R.S. Employer Identification No.)450 Clark Drive, Budd Lake, New Jersey, 07828(Address of principal executive offices) (Zip Code)Registrant’s telephone number, including area code:(626) 293-3400 Securities registered pursuant to Section 12(b) of the Act: Securities registered pursuant to Section 12(g) of the Act:None Indicate by check mark if the registrant is a well-known seasoned issuer, as defined in Rule 405 of the Securities Act.Yes No Indicate by check mark if the registrant is not required to file reports pursuant to Section 13 or 15(d) of the Act.Yes No Indicate by check mark whether the registrant (1) has filed all reports required to be filed by Section 13 or 15(d) of the SecuritiesExchange Act of 1934 during the preceding 12 months (or for such shorter period that the registrant was required to file suchreports), and (2) has been subject to such filing requirements for the past 90 days.Yes No Indicate by check mark whether the registrant has submitted electronically every Interactive Data File required to be submittedpursuant to Rule 405 of Regulation S-T (§ 232.405 of this chapter) during the preceding 12 months (or for such shorter period thatthe registrant was required to submit such files).YesNo Indicate by check mark whether the registrant is a large accelerated filer, an accelerated filer, a non-accelerated filer, a smallerreporting company, or an emerging growth company. See the definitions of “large accelerated filer”, “accelerated filer”, “smallerreporting company,” and “emerging growth company” in Rule 12b-2 of the Exchange Act.Large accelerated filer Accelerated filerNon-accelerated filerSmaller reporting company Emerging growth company If an emerging growth company, indicate by check mark if the registrant has elected not to use the extended transition period forcomplying with any new or revised financial accounting standards provided pursuant to Section 13(a) of the Exchange Act. Indicate by check mark whether the registrant has filed a report on and attestation to its management’s assessment of theeffectiveness of its internal control over financial reporting under Section 404(b) of the Sarbanes-Oxley Act (15 U.S.C. 7262(b)) bythe registered public accounting firm that prepared or issued its audit report. If securities are registered pursuant to Section 12(b) of the Act, indicate by check mark whether the financial statement of theregistrant included in the filing reflect the correction of an error to previously issued financial statements. Indicate by check mark whether any of those error corrections are restatements that required a recovery analysis of incentive-basedcompensation received by any of the registrant's executive officers during the relevant recovery period pursuant to §240.10D-1(b). Indicate by check mark whether the registrant is a shell company (as defined in Rule 12b-2 of the Exchange Act).Yes No The aggregate market value of common stock held by non-affiliates as of March 28, 2024 (the last business day of the most recentlycompleted second fiscal quarter) was approximately $28.4 million, based on the closing sale price of $3.45 per share of commonstock as reported on the Nasdaq Global Market. For purposes of this disclosure, shares of common stock held by officers anddirectors and by each person known by us to own 10% or more of outstanding common stock have been excluded. Thisdetermination of affiliate status is not necessarily a conclusive determination for any other purpose. As of January 10, 2025, the number of shares outstanding of common stock, no par value, totaled 9,080,833. EMCORE CORPORATIONFORM 10-KFISCAL YEAR 2024TABLE OF CONTENTS PageCautionary Note Regarding Forward-Looking Statements3Summary Risk Factors3 Item 1.Business6Item 1A.Risk Factors9Item 1B.Unresolved Staff Comments32Item 1C.Cybersecurity32Item 2.Properties33Item 3.Legal Proceedings33Item 4.Mine Safety Disclosures33 Item 13.Certain Relationships and Related Transactions, and DirectorIndependence102Item 14.Principal Accountant Fees and Services103Part IV:Item 15.Exhibit and Financial Statement Schedules105Item 16.Form 10-K Summary108Signatures109 Table of ContentsCAUTIONARY NOTE REGARDING FORWARD-LOOKING STATEMENTS This Annual Report on Form 10-K includes forward-looking statements within the meaning of Section 27Aof the Securities Act of 1933, as amended, and Section 21E of the Securities Exchange Act of 1934, asamended (the “Exchange Act”). These forward-looking statements are made pursuant to the safe harborprovisions of the Private