-----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, QWh6KZfA/FUgK4cF4Z+t4Dd5XLnSNjwo3TFPBzRx9Dt402XRBs8pwi3Hh1XbQnKZ qp/tg1gsBjyBTXbKWyUt/w== 0001143313-07-000057.txt : 20070410 0001143313-07-000057.hdr.sgml : 20070410 20070410154227 ACCESSION NUMBER: 0001143313-07-000057 CONFORMED SUBMISSION TYPE: 25-NSE CONFIRMING COPY: PUBLIC DOCUMENT COUNT: 2 FILED AS OF DATE: 20070410 DATE AS OF CHANGE: 20070410 SUBJECT COMPANY: COMPANY DATA: COMPANY CONFORMED NAME: ENERNORTH INDUSTRIES INC CENTRAL INDEX KEY: 0001049021 STANDARD INDUSTRIAL CLASSIFICATION: CRUDE PETROLEUM & NATURAL GAS [1311] IRS NUMBER: 000000000 FISCAL YEAR END: 0630 FILING VALUES: FORM TYPE: 25-NSE SEC ACT: 1934 Act SEC FILE NUMBER: 001-31336 BUSINESS ADDRESS: STREET 1: 1 KING STREET WEST STREET 2: SUITE 1502 CITY: TORONTO STATE: A6 ZIP: M5H 1A1 BUSINESS PHONE: 416-861-1484 MAIL ADDRESS: STREET 1: 1 KING STREET WEST STREET 2: SUITE 1502 CITY: TORONTO STATE: A6 ZIP: M5H 1A1 FORMER COMPANY: FORMER CONFORMED NAME: ENGINEERING POWER SYSTEMS LTD DATE OF NAME CHANGE: 19990930 FORMER COMPANY: FORMER CONFORMED NAME: ENERGY POWER SYSTEMS LTD DATE OF NAME CHANGE: 19971104 FILED BY: COMPANY DATA: COMPANY CONFORMED NAME: AMERICAN STOCK EXCHANGE LLC CENTRAL INDEX KEY: 0001143313 IRS NUMBER: 522127241 FILING VALUES: FORM TYPE: 25-NSE BUSINESS ADDRESS: STREET 1: 86 TRINITY PLACE CITY: NEW YORK STATE: NY ZIP: 10006 BUSINESS PHONE: 212-306-1000 MAIL ADDRESS: STREET 1: 86 TRINITY PLACE CITY: NEW YORK STATE: NY ZIP: 10006 25-NSE 1 primary_doc.xml X0203 0001143313 AMERICAN STOCK EXCHANGE LLC 0001049021 ENERNORTH INDUSTRIES INC 001-31336
1 King Street West, Suite 1502 Toronto A6 ONTARIO, CANADA A6 M5H 1A1
4168611484
Common Stock, No Par Value 17 CFR 240.12d2-2(b) Dennis J. Meeekins Vice President - Listing Qualifications 2007-04-10
EX-99.25 2 eny04102007noappeal.htm                                 BEFORE THE

AMERICAN STOCK EXCHANGE LLC


DETERMINATION AND NOTIFICATION OF REMOVAL FROM LISTING

AND/OR REGISTRATION UNDER SECTION 12(b) OF THE

SECURITIES EXCHANGE ACT OF 1934

Attachment to Form 25


April 10, 2007


The American Stock Exchange LLC (the “Exchange” or “Amex”), pursuant to Section 12(d) of the Securities Exchange Act of 1934 and Rule 12d2-2(b) promulgated thereunder by the Securities and Exchange Commission (the “Commission”), has determined to strike from listing and registration on the Exchange, the following:


ENERNORTH INDUSTRIES, INC.

Common Stock, No Par Value

Commission File Number – 001-31336


1.

The standards of the Exchange provide, among other things, that consideration may be given to the removal of a security when: (i) the financial condition and/or operating results of the issuer appear to be unsatisfactory; (ii) the issuer has failed to comply with its listing agreements with the Exchange; or (iii) any other event shall occur or any condition shall exist which makes further dealings on the Exchange unwarranted.


In applying these standards, the Exchange gives consideration to delisting the securities of a company that is not in compliance with:


(a)

Section 1003(a)(i) of the Amex Company Guide (the “Company Guide”) which requires a company to maintain at least $2 million in shareholders’ equity if the company has reported losses from continuing operations and/or net losses in two of its three most recent fiscal years;


(b)

Section 1003(a)(ii) of the Company Guide which requires a company to maintain at least $4 million in shareholders’ equity if the company has reported losses from continuing operations and/or net losses in three of its four most recent fiscal years;


(c)

Section 1003(a)(iv) of the Company Guide which states that the Exchange will normally consider suspending dealings in, or remove from listing, a company that has sustained losses which are so substantial in relation to its overall operations or its existing financial resources, or its financial condition has become so impaired that it appears questionable, in the opinion of the Exchange, as to whether such company will be able to continue operations and/or meet its obligations as they mature; and


(d)

Section 1003(c)(iii) of the Company Guide which states that the Exchange will normally consider suspending dealings in, or remove from listing, a company if advice has been received, deemed by the Exchange to be authoritative, that the security is without value.


2.

The Common Stock of EnerNorth Industries, Inc. (the “Company” or “EnerNorth”) does not qualify for continued listing for the following reasons:


(a)

The Company has incurred net (losses) as follows:


Fiscal years ended

June 30,

Net (Loss)

2006

($5,383,000)

2005

($1,289,000)

2004

($3,375,000)

2003

($8,047,000)


(b)

At June 30, 2006 the Company reported shareholders’ equity of $867,000.


(c)

On March 20, 2007, the Company filed an Assignment in Bankruptcy under the Bankruptcy and Insolvency Act (Canada).


3.

In reviewing the eligibility of the Company’s Common Stock for continued listing, the Exchange has complied with its standards and procedures as follows:


(a)

On December 12, 2006 the Company was notified by the Amex that following a review of the Company’s annual report on Form 20-F for the fiscal year ended June 30, 2006, EnerNorth was not in compliance Section 1003(a)(i) of the Company Guide with shareholders’ equity of less than $2,000,000 and losses from continuing operations and net losses in two out of its three most recent fiscal years and Section 1003(a)(ii) of the Company Guide with shareholders’ equity of less than $4 million and losses from continuing operations and net losses in three of its four most recent fiscal years. The Company was given the opportunity to submit a plan by January 12, 2007 outlining its plan to regain compliance with Amex continued listing standards within a maximum of 18 months.


(b)

The Company submitted its plan to regain compliance on January 11, 2007 (the “Plan”). On March 29, 2007, the Exchange notified EnerNorth it had determined to initiate immediate delisting proceedings against the Company based on the Staff’s determination that that the Plan did not make a reasonable demonstration that the Company could regain compliance within the required timeframe (the “Staff Determination”).


(c)

Pursuant to Sections 1203 and 1009(d) of the Company Guide, EnerNorth was given a limited right to appeal the Staff determination by requesting an oral hearing or a hearing based on a written submission before a Listing Qualifications Panel of the Amex Committee on Securities (the “Panel”) by April 5, 2007. A request for hearing was not received by the prescribed deadline.


Accordingly, the Exchange, having complied with all of its procedures, is authorized to file this application in accordance with Section 12 of the Securities Exchange Act of 1934 and the rules promulgated thereunder.


4.

In the opinion of the Exchange, all of the material facts relating to the reasons for this application are contained herein.


5.

The Exchange official whose signature is set forth below is duly authorized to file this application.


6.

In accordance with the provisions of Rule 12d2-2, the Exchange has issued public notice of its final determination to remove the Company’s securities from listing and/or registration by issuing a press release and posting notice on www.amex.com.  Further, a copy of this application has been forwarded to Ms. Sandra Hall President and Secretary of the Company.





/s/


Dennis J. Meekins

Vice President, Listing Qualifications

American Stock Exchange LLC





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