-----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, V0trdiqHqMdH/EqXqGTdqF7R66x7TcnwA7xqLISmQ1ErJPvKx2aPbWRPpaSHt8A5 0OCnj5YSQRrvenUvGr9YnA== 0001017951-06-000401.txt : 20061106 0001017951-06-000401.hdr.sgml : 20061106 20061106172551 ACCESSION NUMBER: 0001017951-06-000401 CONFORMED SUBMISSION TYPE: 8-K PUBLIC DOCUMENT COUNT: 2 CONFORMED PERIOD OF REPORT: 20061031 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: 20061106 DATE AS OF CHANGE: 20061106 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: 061191366 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_103106i301.htm ZAP FORM 8-K DATED OCTOBER 31, 2006 ZAP Form 8-K dated October 31, 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):  October 31, 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 October 31, 2006, ZAP (the "Company") received written notice from the staff of the New York Stock Exchange (the "NYSE") that the Company's common stock would be suspended from trading on the NYSE Arca prior to market open on Wednesday, November 8, 2006 as a result of the Company’s failure to satisfy the NYSE Arca’s continued listing standards. The NYSE’s application to the Securities and Exchange Commission to delist the Company’s common stock is pending completion of applicable procedures, including any appeal by the Company of the NYSE staff’s determination. As of the date of this report, the Company does not intend to appeal the NYSE staff’s determination and is working with a market maker to have its common stock quoted on the OTC Bulletin Board.

As previously disclosed, the Company had received notification from the NYSE staff on August 23, 2006, that the Company was not in compliance with the NYSE Arca’s continued listing standards for minimum total net tangible assets or minimum net worth. The Company submitted a business plan to address non-compliance with the NYSE Arca’s listing standards. After reviewing these materials, the NYSE staff decided to proceed with the delisting as described above.

The press release announcing receipt of the notification from the NYSE staff is attached as Exhibit 99.1.

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 November 6, 2006 regarding NYSE notification.



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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.

                   
             
ZAP
   
                
 
   
                
 
Date: November 6, 2006
                
By:  /s/ Steven M. Schneider
                   
 
Steven M. Schneider
                   
 
Chief Executive Officer
 
          
 
 
 

 

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ZAP
EXHIBIT INDEX

   
Exhibit
Number
    
Exhibit Title or Description
 
99.1
 
Press release of ZAP dated November 6, 2006 regarding NYSE notification.
 
 
 
 

 
 
-4-
EX-99.1 2 exh99-1_110606.htm PRESS RELEASE OF ZAP DATED NOVEMBER 6, 2006 REGARDING NYSE NOTIFICATION Press release of ZAP dated November 6, 2006 regarding NYSe notification
Exhibit 99.1

ZAP Expects to Move to OTCBB

SANTA ROSA, CA (November 6, 2006) -- Electric car pioneer ZAP [NYSE Arca:ZP], a leader in advanced transportation and energy technologies, announced today that it expects to move to the OTC Bulletin Board (OTCBB) (http://www.otcbb.com) after the NYSE Arca Exchange on October 31 decided to discontinue ZAP's listing.
 
ZAP CEO Steve Schneider regrets the decision by the NYSE staff, but added that the expense of maintaining the Company’s common stock listing with NYSE Arca is significant. The time management and personnel the Company is dedicating to continued compliance with NYSE Arca requirements could, instead, be dedicated to developing the business and pursuing strategic opportunities.
 
"We believe that a listing on OTCBB would result in material savings to the company and allow our team to focus on the exciting opportunities that are coming our way," said ZAP CEO Steve Schneider.
 
Schneider noted that ZAP has projected record sales so far in 2006. Sales for the XEBRA are continuing to grow at an accelerating rate. ZAP is holding a second dealer sales and service training given the level of interest shown for its electric cars. ZAP will be debuting its production and consumer-ready electric vehicles at the San Francisco International Auto Show November 18-26.
 
About ZAP
 
ZAP has been a leader in advanced transportation technologies since 1994, delivering over 90,000 vehicles to consumers in more than 75 countries. ZAP is at the forefront of fuel-efficient transportation with new technologies including energy efficient gas systems, hydrogen, electric, fuel cell, alcohol, hybrid and other innovative power systems. 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. ZAP's actual results may vary materially from those described in any "forward-looking statement" due to, among other possible reasons, the continued acceptance of ZAP's products, increased levels of competition, new products and
 

 
technological changes, ZAP's dependence on third-party suppliers, intellectual property rights, and the realization of any of the other risks described in ZAP's Annual Report on Form 10-KSB, or in any of ZAP's other filings with the Securities and Exchange Commission. Readers of this press release are cautioned not to put undue reliance on forward-looking statements.
 
# # #
 
ZAP Contacts:
 
Alex Campbell, Media Relations, 707-525-8658 x 241, acampbell@zapworld.com
 
Steven Kim, Investor Relations, 707-525-8658 x 298, investor@zapworld.com 
 

 
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