Attached files
| file | filename |
|---|---|
| EX-99.1 - EXHIBIT 99.1 - XENONICS HOLDINGS, INC. | c04145exv99w1.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): July 30, 2010
Xenonics Holdings,
Inc.
(Exact name of registrant as
specified in its charter)
| Nevada | 001-32469 | 84-1433854 | ||
| (State or other Jurisdiction of Incorporation) | (Commission File Number) | (IRS Employer Identification No.) |
| 3186 Lionshead
Avenue Carlsbad, California |
92010 | |
| (Address of Principal Executive Offices) | (Zip Code) |
Registrant’s telephone number, including area code: (760) 477-8900
| (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:
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 July 30, 2010, Xenonics Holdings, Inc. (the “Company”) received a notice from the NYSE Amex (the “Exchange”) stating that the Company has failed to regain compliance with the Exchange’s continued listing standards and that, accordingly, the Company’s common stock is subject to a delisting proceeding. Specifically, the Exchange advised the Company that it is not in compliance with Section 1003(a)(iii) of the Exchange’s Company Guide because the Company’s stockholders’ equity is less than $6,000,000.
In accordance with Sections 1009(d) and 1203 of the Exchange’s Company Guide, the Company has the right to appeal the determination of the Exchange’s staff by requesting a hearing before a Listing Qualifications Panel. The Company plans to exercise this right and expects the hearing to occur within the next 45 to 60 days. Pending the hearing, the Company’s common stock will continue to be listed on the NYSE Amex.
On July 30, 2010, the Company issued a press release disclosing its receipt of the notice from the Exchange summarized above. A copy of the press release is furnished as Exhibit No. 99.1 to this Current Report on Form 8-K and is incorporated herein by reference.
Item 9.01. Financial Statements and Exhibits.
Exhibit 99.1 — Xenonics Holdings, Inc. Press Release dated July 30, 2010
SIGNATURES
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.
| Xenonics Holdings, Inc. |
||||
| August 2, 2010 | By: | /s/ Richard S. Kay | ||
| Name: | Richard S. Kay | |||
| Title: | Chief Financial Officer | |||
| Exhibit No. | Description | |
99.1
|
Xenonics Holdings, Inc. Press Release dated July 30, 2010 |