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SMRT > SEC Filings for SMRT > Form 8-K on 17-Apr-2013All Recent SEC Filings

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Notice of Delisting or Failure to Satisfy a Continued Listing Rule or Standard; Tr

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

On April 15, 2013, the Company received a decision from a NASDAQ Listing Qualifications Panel granting the Company's request for continued listing of the Company's common stock until August 1, 2013. It is a condition to the Company's continued listing under the Panel's order that the Company regain compliance with all applicable requirements for continued listing on The NASDAQ Stock Market on or prior to August 1, 2013, including completion of the restatement and filing of all of its Securities and Exchange Commission filings. The Company believes that it will be current with its SEC reports earlier than the August 1st date.

As previously reported in the Company's Current Report on Form 8-K filed March 7, 2013, the Company received a letter from the Staff of The NASDAQ Stock Market LLC notifying the Company that it had not regained compliance with NASDAQ Listing Rule 5250(c)(1), the continued listing requirement to timely file all required periodic reports with the Securities and Exchange Commission, and therefore, that its common stock would be subject to delisting unless the Company timely requested a hearing before a NASDAQ Listing Qualifications Panel. Accordingly, on April 4, 2013 the Company participated in an in-person hearing before a NASDAQ Listing Qualifications Panel to request additional time in which to bring its filings with the SEC current.

In a press release issued on April 17, 2013, the Company disclosed its receipt of the decision. A copy of the press release is attached as Exhibit 99.1 and incorporated herein by reference.

ITEM 9.01 Financial Statements and Exhibits

(d) Exhibits

99.1 Press Release dated April 17, 2013.

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