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| ATCO > SEC Filings for ATCO > Form 8-K on 9-Jan-2008 | All Recent SEC Filings |
9-Jan-2008
Results of Operations and Financial Condition, Notice of Delisting
On January 8, 2008, American Technology Corporation, a Delaware corporation (the "Company"), issued a press release announcing financial results for the fiscal year ended September 30, 2007.
In accordance with General Instruction B.2 of Form 8-K, the information in this
Item 2.02, including Exhibit 99.1, shall not be deemed 'filed' for purposes of
Section 18 of the Securities Exchange Act of 1934, or otherwise subject to the
liability of that section, nor shall it be deemed incorporated by reference in
any filing under the Securities Act of 1933, or the Exchange Act, except as
expressly set forth by specific reference in such a filing.
On January 3, 2008, the Company received a written Staff Determination notice from the Nasdaq Stock Market ("Nasdaq") stating that the Company was not in compliance with Nasdaq's Marketplace Rule 4310(c)(14) because it did not timely file its Annual Report on Form 10-K for the fiscal year ended September 30, 2007 (the "2007 Form 10-K"). As a result, the Company's common stock is subject to delisting from The Nasdaq Capital Market. Nasdaq Marketplace Rule 4310(c)(14) requires the Company to make on a timely basis all filings with the Securities and Exchange Commission, as required by the Securities Exchange Act of 1934, as amended. The Company filed its 2007 Form 10-K with the Securities and Exchange Commission on January 7, 2008. On January 8, 2008, the Company received notice from the Nasdaq Listing Qualifications Panel that the Company's filing delinquency was cured upon the filing of the 2007 Form 10-K, and that the matter was deemed resolved.
A copy of the press release announcing the Company's financial results for the fiscal year ended September 30, 2007 and its receipt of the Staff Determination letter is attached hereto as Exhibit 99.1 and is incorporated by reference herein.
(d) Exhibits
99.1 Press Release, dated January 8, 2008, issued by American Technology Corporation
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