- Current report filing (8-K)
30 Abril 2010 - 3:54PM
Edgar (US Regulatory)
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): April 30, 2010 (April
26, 2010)
U.S.
Dataworks, Inc.
(Exact
name of registrant as specified in its charter)
______________
Nevada
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001-15835
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84-1290152
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(State
or Other Jurisdiction
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(Commission
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(I.R.S.
Employer
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of
Incorporation)
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File
Number)
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Identification
No.)
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One
Sugar Creek Blvd., 5th Floor, Sugar Land, Texas 77478
(Address
of Principal Executive Office) (Zip Code)
(281)
504-8000
(Registrant’s
telephone number, including area code)
N/A
(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:
¨
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Written
communications pursuant to Rule 425 under the Securities Act (17 CFR
230.425)
|
¨
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Soliciting
material pursuant to Rule 14a-12 under the Exchange Act (17 CFR
240.14a-12)
|
¨
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Pre-commencement
communications pursuant to Rule 14d-2(b) under the Exchange Act (17 CFR
240.14d-2(b))
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¨
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Pre-commencement
communications pursuant to Rule 13e-4(c) under the Exchange Act (17 CFR
240.13e-4(c))
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Item
3.01
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Notice
of Delisting or Failure to Satisfy a Continued Listing Rule or Standard;
Transfer of Listing
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On April
26, 2010, US Dataworks, Inc. (the “Company”) received the final determination of
the NYSE Amex Listing Qualifications Panel (the “Panel”) following the April 13,
2010 oral hearing before the Panel. The Panel affirmed the Exchange Staff’s
earlier determination to delist the Company’s securities from the Exchange due
to the Company’s inability, within the grace period, to meet the continued
listing requirements set forth in Section 1003(a) of the Exchange Company Guide
relating to stockholders’ equity and Section 1003(f)(v) relating to low price
per share. The Company is entitled to request that the full Committee on
Securities review the Panel’s determination within 15 days of the receipt of
such determination. The Company will not request such
review. Accordingly, the delisting is expected to become effective at
the close of market on May 4, 2010.
Although
the Company is in the process of, through a market maker, getting its securities
quoted on the OTC Bulletin Board (the “OTC-BB”), following the effectiveness of
the delisting of the Company’s securities from the NYSE Amex, the Company cannot
give any assurance that there will be any market maker for the Company’s
securities to be quoted on the OTC-BB or that such securities will be traded on
any market. The Company currently anticipate that its securities may be quoted
in the National Daily Quotation Sheets, commonly referred to as the “pink
sheets,” published by the National Quotation Bureau LLC.
The
Company will continue to file periodic reports with the SEC pursuant to the
requirements of the Securities Exchange Act of 1934, as amended.
On April
30, 2010, the Company issued a press release announcing the Panel’s
determination disclosed under Item 3.01 above. A copy of the press
release announcing the foregoing is furnished as Exhibit 99.1 to this Current
Report on Form 8-K.
Item
9.01
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Financial
Statements and Exhibits.
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(d)
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Exhibits.
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99.1
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Press
release dated April 30, 2010.
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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.
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U.S.
Dataworks, Inc.
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By:
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/s/ Charles E. Ramey
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Charles
E. Ramey, Chief Executive Officer
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Date: April
30, 2010
US Dataworks (AMEX:UDW)
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