-----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, Q4D9m7VzF8euqWABYrTlTjhXB3mGXLEzqRpDbxPzUenrFId7TXLXVp4GSMO/EnSq Hdg0zT4QIrMXuNYH5Bo3iQ== 0001017951-06-000287.txt : 20060829 0001017951-06-000287.hdr.sgml : 20060829 20060829171253 ACCESSION NUMBER: 0001017951-06-000287 CONFORMED SUBMISSION TYPE: 8-K PUBLIC DOCUMENT COUNT: 2 CONFORMED PERIOD OF REPORT: 20060823 ITEM INFORMATION: Notice of Delisting or Failure to Satisfy a Continued Listing Rule or Standard; Transfer of Listing ITEM INFORMATION: Financial Statements and Exhibits FILED AS OF DATE: 20060829 DATE AS OF CHANGE: 20060829 FILER: COMPANY DATA: COMPANY CONFORMED NAME: ZAP CENTRAL INDEX KEY: 0001024628 STANDARD INDUSTRIAL CLASSIFICATION: MOTORCYCLES, BICYCLES & PARTS [3751] IRS NUMBER: 943210624 STATE OF INCORPORATION: CA FISCAL YEAR END: 1231 FILING VALUES: FORM TYPE: 8-K SEC ACT: 1934 Act SEC FILE NUMBER: 001-32534 FILM NUMBER: 061063279 BUSINESS ADDRESS: STREET 1: 501 FOURTH STREET CITY: SANTA ROSA STATE: CA ZIP: 95401 BUSINESS PHONE: 7075258658 MAIL ADDRESS: STREET 1: 501 FOURTH STREET CITY: SANTA ROSA STATE: CA ZIP: 95401 FORMER COMPANY: FORMER CONFORMED NAME: ZAPWORLD COM DATE OF NAME CHANGE: 19990715 FORMER COMPANY: FORMER CONFORMED NAME: ZAP POWER SYSTEMS INC DATE OF NAME CHANGE: 19970319 8-K 1 f8k_082306i301.htm ZAP FORM 8-K DATED AUGUST 23, 2006 ZAP Form 8-K dated August 23, 2006


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):  August 23, 2006
                                    
                                    
ZAP
(Exact name of Registrant as specified in its charter)
 

 

California
            
001-32534
                      
94-3210624
(State or other jurisdiction of
incorporation or organization)
           
Commission File Number
                       
IRS Employer
Identification Number
          
501 Fourth Street
Santa Rosa, CA
                                        
95401
(Address of principal executive offices)
                                        
(Zip Code)

(707) 525-8658
(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):

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))




 
 

 

Section 3. Securities and Trading Markets

Item 3.01.  Notice of Delisting or Failure to Satisfy a Continued Listing Rule or Standard; Transfer of Listing

On August 23, 2006, ZAP (the “Company”) received a notice (the “Notice”) from the staff of NYSE Regulation, Inc. (the “Staff”) advising the Company that it is not in compliance with NYSE Arca Equities, Inc. quantitative continued listing requirements set forth in Rule 5.5(h). Specifically, the Company is not in compliance with the $500,000 minimum total net tangible assets, or $2,000,000 minimum net worth, requirements. In addition, from July 11, 2006 through August 17, 2006, the Company’s common stock closed below the $1.00 per share minimum bid price requirement. However, on August 23, 2006, the date of the Notice, the Company’s common stock closed at $1.42.

The Staff has requested that the Company submit a plan outlining the steps the Company proposes to take to regain compliance with the NYSE Arca continued listing requirements. Pursuant to the Notice, the Company intends to provide a written response to the Staff no later than September 15, 2006 on how it proposes to regain compliance within the stipulated 18 months from the date of Notice.

A copy of the press release reporting the receipt of the Notice is attached as Exhibit 99.1 to this Current Report on Form 8-K.

Section 9.  Financial Statements and Exhibits

Item 9.01.  Financial Statements and Exhibits

     
(d)   Exhibits
 
 
 
 
 
Exhibit
Number
    
Exhibit Title or Description 
 
99.1
 
Press release of ZAP dated August 29, 2006 reporting the receipt of NYSE Regulation, Inc. notice.



 
-2-

 

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.

                   
             
ZAP
   
                
 
   
                
 
Date: August 29, 2006
                
By:  /s/ Steven Schneider
                   
 
Steven Schneider
                   
 
Chief Executive Officer
 
          
 


 
-3-

 

ZAP
EXHIBIT INDEX

   
Exhibit
Number
    
Exhibit Title or Description
 
99.1
 
Press release of ZAP dated August 29, 2006 reporting the receipt of NYSE Regulation, Inc. notice.
 
 
 
 
 
 
-4-
EX-99.1 2 exh99-1_082906.htm PRESS RELEASE OF ZAP DATED AUGUST 29, 2006 REPORTING THE RECEIPT OF NYSE REGULATION, INC. NOTICE. Press release of ZAP dated August 29, 2006 reporting the receipt of NYSE Regulation, Inc. notice.
Exhibit 99.1

ZAP Shares to Remain Listed on NYSE Arca Exchange

SANTA ROSA, CA—August 29, 2006 -- ZAP (NYSE Arca:ZP) today reported that it has received a notice from NYSE staff advising the Company that it is not in compliance with NYSE Arca Equities, Inc. quantitative continued listing requirements set forth in Rule 5.5(h). Specifically, the Company is not in compliance with the $500,000 minimum total net tangible assets, or $2,000,000 minimum net worth, requirements.
 
Pursuant to NYSE's notice, to maintain its listing, ZAP must submit a plan outlining the steps the Company proposes to take to regain compliance with the NYSE Arca continued listing requirements no later than 18 months from the date of the original notice, August 23, 2006. The Company is developing the requested plan and intends to provide a written response to the Staff no later than September 15, 2006. The plan is subject to review by the NYSE staff.
 
"We are pleased to see that NYSE Arca has the confidence to continue maintaining the listing relationship with ZAP," stated ZAP CEO Steve Schneider. "Our goal in the coming quarter is to bring ourselves up to full compliance. We are committed to both our shareholders and NYSE Arca and believe the continued implementation of our strategic plan will, among other results, lead us to maintaining ZAP's exchange requirements."
 
About ZAP
 
ZAP stands for Zero Air Pollution. Its mission is to be the leading distribution portal of socially responsible and environmentally sustainable, advanced technology vehicles. ZAP is a pioneer at the forefront of electric and other fuel efficient transportation and believes that helping our stakeholders act responsibly, both with regards to our environment and the oil crisis, can go hand-in-hand with generating appropriate returns on our investments. For more information, visit http://www.zapworld.com.
 
Forward-Looking Statements

Statements in this press release that relate to future plans or projected results of ZAP are 'forward-looking statements' within the meaning of Section 27A of the Securities Act of 1933, as amended by the Private Securities Litigation Reform Act of 1995 (the "PSLRA"), and Section 21E of the Securities Exchange Act of 1934, as amended by the PSLRA, and all such statements fall under the 'safe harbor' provisions of the PSLRA. The Company's actual results may vary materially from those described in any 'forward-looking statement' due to, among other possible reasons, the continued acceptance of the Company's products, increased levels of competition, new products and technological changes, the Company's dependence on third-party suppliers, intellectual property rights, and the realization of any of the other risks detailed from time to time in the Company's periodic reports filed with the Securities and Exchange Commission. Readers of this press release are cautioned not to put undue reliance on forward looking statements.

Contact:

Alex Campbell, 707-525-8658 ext. 241
acampbell@zapworld.com
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