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APP > SEC Filings for APP > Form 8-K on 6-Jul-2009All Recent SEC Filings

Show all filings for AMERICAN APPAREL, INC | Request a Trial to NEW EDGAR Online Pro

Form 8-K for AMERICAN APPAREL, INC


6-Jul-2009

Notice of Delisting or Failure to Satisfy a Continued Listing Rule or Stand


Item 3.01 Notice of Delisting or Failure to Satisfy a Continued Listing Rule or Standard; Transfer of Listing.

(a) As previously disclosed, on May 19, 2009, American Apparel, Inc. (the "Company") received a letter from the NYSE Amex LLC (the "Exchange") stating that the Company's timely filing of its Quarterly Report on Form 10-Q for the quarter ended March 31, 2009 (the "Form 10-Q") is a condition for the Company's continued listing on the Exchange, as required by Sections 134 and 1101 of the Exchange's Company Guide, and that the Company's failure to timely file the From 10-Q is a material violation of the Company's listing agreement with the Exchange. The letter from the Exchange required that the Company submit to the Exchange by June 2, 2009 a plan to bring the Company in compliance with Sections 134 and 1101 of the Company Guide by no later than August 19, 2009, or it will be subject to delisting procedures.

On June 2, 2009, the Company submitted its plan of compliance to the Exchange. On June 29, 2009, the Company received a letter from the Exchange stating that the Exchange accepted the Company's compliance plan and, pursuant to such plan, granted the Company an extension until August 19, 2009 for the Company to file the Form 10-Q. The Company will be subject to periodic reviews by the Exchange during the extension period. Failure to make progress consistent with the plan or to regain compliance with continued listing standards by the end of the extension period could result in the Company being delisted from the Exchange.

On July 6, 2009, the Company issued a press release disclosing the foregoing. A copy of that press release is attached as Exhibit 99.1 to this Current Report on Form 8-K and is incorporated herein by reference.



Item 9.01 Financial Statements and Exhibits.

(d) Exhibits.

99.1 Press release, dated July 6, 2009, of American Apparel, Inc.


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