8-K 1 tibb8k1042010.htm TIB FINANCIAL CORP 8-K 1 04 2010 tibb8k1042010.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


January 4, 2010
Date of Report (Date of earliest event reported)


TIB FINANCIAL CORP.
(Exact name of registrant as specified in its charter)



Florida
 
0000-21329
 
65-0655973
(State or other jurisdiction
of incorporation)
 
 
 
(Commission file number)
 
(IRS employer identification number)
599 9th Street North, Suite 101
Naples, Florida
     
34102-5624
(Address of principal executive offices)
 
     
(Zip Code)
   
(239) 263-3344
   
(Registrant's telephone number, including area code)
 
 
   
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):

£ 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.

On January 4, 2010, TIB Financial Corp. (the “Company”) received a letter from The Nasdaq Stock Market (“NASDAQ”) that stated the Company’s common stock closed below the required minimum $1.00 per share bid price for the previous 30 consecutive business days.  The letter also indicated that, in accordance with listing Rule 5810(c)(3)(A), the Company has a period of 180 calendar days, until July 6, 2010, to regain compliance with Rule 5450(a)(1).  If at any time before July 6, 2010, the bid price of the Company’s common stock closes with a bid price of $1.00 per share or more for a minimum of 10 consecutive business days, NASDAQ will notify the Company that it has regained compliance with Rule 5450(a)(1).

ITEM 8.01 OTHER EVENTS

           On January 6, 2010, TIB Financial Corp. issued a press release announcing the receipt of a letter from NASDAQ. A copy of the press release is attached hereto as Exhibit 99.1 to this Form 8-K and is incorporated by reference herein.


ITEM 9.01 FINANCIAL STATEMENTS AND EXHIBITS

(a) Exhibits

99.1 TIB Financial Corp. press release dated January 6, 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.


   
TIB FINANCIAL CORP.
 
 
Date:  January 6, 2010
By:
  /s/  Stephen J. Gilhooly
 
   
Stephen J. Gilhooly
 
   
EVP, Chief Financial Officer and Treasurer
 
   
(Principal Accounting Officer)