NEW YORK, August 19, 2024--(BUSINESS WIRE)--Empire State Realty Trust, Inc. (NYSE: ESRT) ("ESRT") and Empire State Realty OP, L.P. ("ESROP" and together with ESRT, the "Issuers"), today announced that, as previously disclosed in the Notification of Late Filing on Form 12b-25 filed by each Issuer with the Securities and Exchange Commission ("SEC") on August 12, 2024, each Issuer has determined that it is unable to file its Quarterly Report on Form 10-Q for the fiscal quarter ended June 30, 2024 (the "Form 10-Q") by the prescribed due date because subsequent to the filing of the Issuers’ Form 10-Ks for the period ended December 31, 2023, the filing of the Issuers’ Form 10-Qs for the quarterly period ended March 31, 2024 and the Issuers’ Q2 2024 earnings release and call, Ernst & Young LLP ("EY"), the Issuers’ independent registered public accounting firm, informed the Issuers that following EY’s internal post-audit quality review of its audit of the Issuers’ consolidated financial statements for the year ended December 31, 2023, EY had identified control deficiencies in the design of certain information technology general controls for the Issuers’ information systems and applications which were relevant to the preparation of consolidated financial statements as of December 31, 2023.

On August 15, 2024, ESRT received a notice (the "NYSE Notice") from the New York Stock Exchange ("NYSE") indicating that, as a result of not having timely filed the Form 10-Q with the SEC, ESRT is not in compliance with Section 802.01E of the NYSE Listed Company Manual (the "NYSE Listing Standard"), which requires timely filing of all required periodic financial reports with the SEC. On August 16, 2024, ESROP received a notice (the "NYSE Arca Notice" and together with the NYSE Notice, the "Notices") from the NYSE Arca, Inc. ("NYSE Arca" and together with "NYSE," the "Exchanges") indicating that, as a result of not having timely filed the Form 10-Q with the SEC, ESROP is not in compliance with Rule 5.3-E(i)(1) of the NYSE Arca Listed Company Manual (the "NYSE Arca Listing Standard" and together with the NYSE Listing Standard, the "Listing Standards"), which requires timely filing of all required periodic financial reports with the SEC.

Each Notice indicates that the applicable Issuer can regain compliance with the applicable Listing Standard by filing such Issuer’s Form 10-Q within six months of the Form 10-Q’s filing due date. If either Issuer fails to file the Form 10-Q by such date, such Issuer may submit a request for the applicable Exchange’s consideration that allows such Issuer’s securities to trade for an additional six-month trading period. If such Exchange determines that an additional six-month trading period is not appropriate, suspension and delisting procedures will commence pursuant to Section 804.00 of the NYSE Listed Company Manual or Rule 5.5-E(m) of the NYSE Arca Listed Company Manual, as applicable. If the applicable Exchange determines that an additional trading period of up to six months is appropriate and the applicable Issuer fails to regain compliance by the end of that period, suspension and delisting procedures for such Issuer will generally commence.