-----BEGIN PRIVACY-ENHANCED MESSAGE----- Proc-Type: 2001,MIC-CLEAR Originator-Name: webmaster@www.sec.gov Originator-Key-Asymmetric: MFgwCgYEVQgBAQICAf8DSgAwRwJAW2sNKK9AVtBzYZmr6aGjlWyK3XmZv3dTINen TWSM7vrzLADbmYQaionwg5sDW3P6oaM5D3tdezXMm7z1T+B+twIDAQAB MIC-Info: RSA-MD5,RSA, SUmxLq+8ujJPOLD0Yvriy9gyq5sT5wuQhZImV6KfK+JMQJf73jsxgqjitVIMmK4o z6HpMibX1vd2CRYdCJsOAw== 0001193125-05-234215.txt : 20051130 0001193125-05-234215.hdr.sgml : 20051130 20051130154410 ACCESSION NUMBER: 0001193125-05-234215 CONFORMED SUBMISSION TYPE: 8-K PUBLIC DOCUMENT COUNT: 1 CONFORMED PERIOD OF REPORT: 20051123 ITEM INFORMATION: Notice of Delisting or Failure to Satisfy a Continued Listing Rule or Standard; Transfer of Listing FILED AS OF DATE: 20051130 DATE AS OF CHANGE: 20051130 FILER: COMPANY DATA: COMPANY CONFORMED NAME: NOVOSTE CORP /FL/ CENTRAL INDEX KEY: 0001012131 STANDARD INDUSTRIAL CLASSIFICATION: ELECTROMEDICAL & ELECTROTHERAPEUTIC APPARATUS [3845] IRS NUMBER: 592787476 STATE OF INCORPORATION: FL FISCAL YEAR END: 1231 FILING VALUES: FORM TYPE: 8-K SEC ACT: 1934 Act SEC FILE NUMBER: 000-20727 FILM NUMBER: 051234417 BUSINESS ADDRESS: STREET 1: 4350 INTERNATIONAL BLVD. CITY: NORCROSS STATE: GA ZIP: 30093 BUSINESS PHONE: 7707170904 MAIL ADDRESS: STREET 1: 4350 INTERNATIONAL BLVD. CITY: NORCROSS STATE: GA ZIP: 30093 8-K 1 d8k.htm FORM 8-K Form 8-K

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): November 23, 2005

 


 

Novoste Corporation

(Exact name of registrant as specified in its charter)

 


 

Florida   0-20727   59-2787476

(State or other jurisdiction

of incorporation)

  (Commission File Number)  

(IRS Employer

Identification No.)

 

4350 International Blvd.

Norcross, GA

  30093
(Address of principal executive offices)   (Zip Code)

 

Registrant’s telephone number, including area code: (770) 717-0904

 

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 (see General Instruction A.2. below):

 

¨ Written communications pursuant to Rule 425 under the Securities Act (17 CFR 230.425)

 

¨ Soliciting material pursuant to Rule 14a-12 under the Exchange Act (17 CFR 240.14a-12)

 

¨ Pre-commencement communications pursuant to Rule 14d-2(b) under the Exchange Act (17 CFR 240.14d-2(b))

 

¨ 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.

 

As previously disclosed, on October 19, 2005, the Company received a determination letter from the Listing Qualifications Department of the Nasdaq Stock Market, Inc. stating that the Company’s common stock was not in compliance with the $1 minimum bid price continued listing requirement set forth in Nasdaq Marketplace Rule 4450(a)(5). The determination letter further stated that the Company’s common stock would be delisted from the Nasdaq National Market at the opening of business on October 28, 2005 unless the Company appealed the delisting determination to a Nasdaq Listing Qualifications Panel. The Company filed such an appeal, and further announced that it would be implementing a one-for-four reverse split of the common stock on November 4, 2005 to correct the bid price deficiency.

 

On November 4, 2005, the one-for-four reverse split of the common stock was effected to correct the bid price deficiency, and on November 17, 2005, an oral hearing before a Nasdaq Listing Qualifications Panel (the “Panel”) was held.

 

On November 23, 2005, the Company received notice from Counsel to the Panel stating that the Company had made the requisite filings and evidenced compliance with the Nasdaq Marketplace Rules, and accordingly, that the Panel had determined to continue the listing of the Company’s common stock on the Nasdaq National Market.

 

On November 28, 2005, the Company received an additional notice from Counsel to the Panel stating that the Panel has determined to grant the Company’s request for continued listing on the Nasdaq National Market, and finds the Company in compliance with all Nasdaq listing continued requirements. The notice notes that a Nasdaq Listing and Hearing Review Council may, on its own motion, determine to review any Panel decision within 45 calendar days after issuance of the written decision.


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.

 

NOVOSTE CORPORATION
By:  

/s/ Daniel G. Hall


   

Daniel G. Hall

Vice President, Secretary and General Counsel

 

Date: November 30, 2005

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