Attached files
| file | filename |
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| EX-99.1 - PRESS RELEASE OF ORLEANS HOMEBUILDERS, INC. DATED DECEMBER 7, 2009 - ORLEANS HOMEBUILDERS INC | v168409_ex99-1.htm |
UNITED
STATES
SECURITIES
AND EXCHANGE COMMISSION
WASHINGTON,
D.C. 20549
FORM
8-K
CURRENT
REPORT
PURSUANT
TO SECTION 13 OR 15(d) OF THE
SECURITIES
EXCHANGE ACT OF 1934
Date of
report (Date of earliest event reported): December 1, 2009
Orleans
Homebuilders, Inc.
(Exact
Name of Registrant as Specified in Charter)
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Delaware
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1-6830
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59-0874323
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||
|
(State
or Other Jurisdiction
of
Incorporation)
|
(Commission
File
Number)
|
(IRS
Employer
Identification
No.)
|
|
3333
Street Road, Suite 101, Bensalem, PA
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19020
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|
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(Address
of Principal Executive Offices)
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(Zip
Code)
|
|
Registrant’s
telephone number, including area code: (215) 245-7500
Not
Applicable
(Former
Name or Former Address, if Changed Since Last Report)
Check the
appropriate box below if the Form 8-K filing is intended to simultaneously
satisfy the filing obligation of the registrant under any of the following
provisions (see
General Instruction A.2. below):
o Written
communications pursuant to Rule 425 under the Securities Act (17 CFR
230.425)
o Soliciting
material pursuant to Rule 14a-12 under the Exchange Act (17 CFR
240.14a-12)
o Pre-commencement
communications pursuant to Rule 14d-2(b) under the Exchange Act (17 CFR
240.14d-2(b))
o Pre-commencement
communications pursuant to Rule 13e-4(c) under the Exchange Act (17 CFR
240.13e-4(c))
Item
3.01 Notice of Delisting or Failure to Satisfy a Continued Listing Rule or
Standard; Transfer of Listing.
On
December 1, 2009, Orleans Homebuilders, Inc. (the “Company”) received a written
notice from the NYSE Amex LLC (the “Exchange”) stating that the Company is not
in compliance with the Exchange’s continued listing criteria set forth in
Sections 134 and 1101 of the NYSE Amex LLC Company Guide (the “Company Guide”)
because it failed to timely file its Quarterly Report on
Form 10-Q (the “Form 10-Q”) for the period ended September 30,
2009. The written notice further stated that the failure to file the
Form 10-Q constitutes a material violation of the Company’s listing agreement
with the Exchange authorizing the Exchange to suspend and, unless prompt
corrective action is taken, remove the Company’s common stock from the Exchange
pursuant to Section 1003(d) of the Company Guide.
In
connection with the Company’s failure to file its Form 10-K (the “Form 10-K”)
for the fiscal year ended June 30, 2009, the Company submitted a plan of
compliance to the Exchange on November 16, 2009 advising the Exchange of the
actions the Company intended to take to bring the Company into compliance with
the applicable provisions of the Company Guide by February 2,
2010. This plan of compliance also addressed the Company’s failure to
file the Form 10-Q. The Company may, however, submit a revised plan
of compliance with the Exchange on or before December 15, 2009 advising the
Exchange of the actions the Company intends to take to bring the Company into
compliance with the applicable provisions of the Company guide by February 2,
2010.
The
Company did not timely file its Form 10-K and Form 10-Q as this would have
required unreasonable effort and expense. The Company is working as
expeditiously as possible to finalize its accounting and related disclosure for
the periods covered by its Form 10-K and Form 10-Q and currently expects to
file the Form 10-K and currently expects to filed the Form 10-K and Form
10-Q in early 2010. The Company can, however, offer no assurance that
it will file its Form 10-K or Form 10-Q at or before the times provided
above.
On
December 7, 2009 the Company issued a press release announcing receipt of the
written notice from NYSE Amex LLC, a copy of which is furnished herewith as
Exhibit 99.1.
Item
9.01 Financial Statements and Exhibits.
(d)
Exhibits
The
following exhibits are filed or furnished with this Current Report on
Form 8-K:
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Exhibit No.
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Description
|
|
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99.1
|
Press
release of Orleans Homebuilders, Inc. dated December 7, 2009
(furnished herewith).
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SIGNATURE
Pursuant
to the requirements of the Securities Exchange Act of 1934, the Registrant has
duly caused this report to be signed on its behalf by the undersigned hereunto
duly authorized.
Dated:
December 7, 2009
| Orleans Homebuilders, Inc. | |||
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By:
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Garry P. Herdler | |
| Name: Garry P. Herdler | |||
| Title: Executive Vice President, | |||
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Chief
Financial Officer and
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|||
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Principal
Financial Officer
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EXHIBIT
INDEX
The
following exhibits are filed or furnished with this Current Report on
Form 8-K:
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Exhibit No.
|
Description
|
|
|
99.1
|
Press
release of Orleans Homebuilders, Inc. dated December 7, 2009
(furnished herewith).
|