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| NEXS > SEC Filings for NEXS > Form 8-K on 21-Aug-2012 | All Recent SEC Filings |
21-Aug-2012
Notice of Delisting or Failure to Satisfy a Continued Listing Rule or Stand
On August 15, 2012, Nexxus Lighting, Inc. (the "Company") received a notification letter from the Listing Qualifications Department of The NASDAQ OMX Group ("NASDAQ") stating that due to the Company's inability to timely file its Form 10-Q for the period ended June 30, 2012 (the "2nd Quarter Form 10-Q"), the Company was not in compliance with NASDAQ Listing Rule 5250(c)(1). This notification was issued in accordance with standard NASDAQ procedures in connection with the Company's filing, on August 14, 2012, of a Notification of Late Filing on Form 12b-25 stating that the Company would not be able to timely file its 2nd Quarter Form 10-Q within the prescribed time period because the Company requires additional time to finalize its financial statements. As previously disclosed, the Company is facing significant challenges in achieving profitability and is exploring strategic alternatives. As a result of these challenges and efforts, the work necessary to finalize such 2nd Quarter Form 10-Q could not be completed in sufficient time to permit the timely filing of such 2nd Quarter Form 10-Q.
The NASDAQ notification letter noted that the Company has until October 15, 2012 to submit to NASDAQ a plan to regain compliance with the applicable listing rule. Upon acceptance of the Company's compliance plan, NASDAQ may grant the Company an exception of up to 180 calendar days from the 2nd Quarter Form 10-Q's initial due date, or until February 11, 2013, for the Company to regain compliance with NASDAQ's filing requirements for continued listing. The Company intends to file its 2nd Quarter Form 10-Q with the United States Securities and Exchange Commission as soon as practicable, and anticipates that such 2nd Quarter Form 10-Q will be filed no later than September 28, 2012. If necessary, the Company will submit a plan to regain compliance with NASDAQ's filing requirements within the 60 day period.
On August 21, 2012, the Company issued a press release, a copy of which is being furnished as Exhibit 99.1 to this Current Report on Form 8-K.
(d) Exhibits
Exhibit
No. Description
99.1 Press Release dated August 21, 2012
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