Item 3.01 Notice of Delisting or Failure to Satisfy a Continued Listing Rule or
Standard: Transfer of Listing
On May 28, 2009, the Company received notice from the Exchange Staff of the
NYSE Amex LLC indicating that the Company is below certain of the Exchange's
continued listing requirements of the NYSE Amex LLC's Company Guide due to
(i) the Company reporting a stockholders' equity less than the minimum
requirements with operating losses in its most recently completed fiscal years
as set forth in Sections 1003 (a) (i,ii and iii) of the Company Guide and
(ii) the Company has sustained losses which are so substantial in relation to
its overall operations or its existing financial resources, or its financial
condition has become so impaired that it appears questionable, in the opinion of
the Exchange, that the Company will be able to continue operations and/or meet
its obligations as they become due as set forth in Section 1003 (a)(iv) of the
Company Guide.
The Company has been afforded the opportunity to submit a plan of compliance
to the Exchange by June 29, 2009, that demonstrates the Company's ability to
regain compliance with Section 1003 (a)(iv) by November 30, 2009 and with
Sections 1003 (a) (i,ii and iii) within 18 months. The Company intends to submit
a plan by the time specified, however, if the plan is not accepted by the
Exchange, the Company will be subject to delisting procedures as set forth in
Section 1010 and Part 12 of the Company Guide.
Item 9.01. Financial Statements and Exhibits
(a) Financial Statements of Business Acquired.
Not applicable.
(b) Pro Forma Financial Information.
Not applicable.
(c) Shell Company Transactions.
Not applicable.
(d) Exhibits.
Not applicable.