0001143313-14-000060.txt : 20141120
0001143313-14-000060.hdr.sgml : 20141120
20141120161423
ACCESSION NUMBER: 0001143313-14-000060
CONFORMED SUBMISSION TYPE: 25-NSE
PUBLIC DOCUMENT COUNT: 2
FILED AS OF DATE: 20141120
DATE AS OF CHANGE: 20141120
EFFECTIVENESS DATE: 20141120
SUBJECT COMPANY:
COMPANY DATA:
COMPANY CONFORMED NAME: FAB Universal Corp.
CENTRAL INDEX KEY: 0001074909
STANDARD INDUSTRIAL CLASSIFICATION: SERVICES-PREPACKAGED SOFTWARE [7372]
IRS NUMBER: 870575577
STATE OF INCORPORATION: CO
FISCAL YEAR END: 1231
FILING VALUES:
FORM TYPE: 25-NSE
SEC ACT: 1934 Act
SEC FILE NUMBER: 001-33935
FILM NUMBER: 141239218
BUSINESS ADDRESS:
STREET 1: 5001 BAUM BOULEVARD
STREET 2: SUITE 770
CITY: PITTSBURGH
STATE: PA
ZIP: 15213
BUSINESS PHONE: 4126210902
MAIL ADDRESS:
STREET 1: 5001 BAUM BOULEVARD
STREET 2: SUITE 770
CITY: PITTSBURGH
STATE: PA
ZIP: 84121
FORMER COMPANY:
FORMER CONFORMED NAME: WIZZARD SOFTWARE CORP /CO
DATE OF NAME CHANGE: 20010309
FORMER COMPANY:
FORMER CONFORMED NAME: BALANCED LIVING INC
DATE OF NAME CHANGE: 19981208
FILED BY:
COMPANY DATA:
COMPANY CONFORMED NAME: NYSE MKT LLC
CENTRAL INDEX KEY: 0001143313
IRS NUMBER: 522127241
FILING VALUES:
FORM TYPE: 25-NSE
BUSINESS ADDRESS:
STREET 1: 20 BROAD STREET, 17TH FLOOR
CITY: NEW YORK
STATE: NY
ZIP: 10005
BUSINESS PHONE: 212-656-5024
MAIL ADDRESS:
STREET 1: 20 BROAD STREET, 17TH FLOOR
CITY: NEW YORK
STATE: NY
ZIP: 10005
FORMER COMPANY:
FORMER CONFORMED NAME: NYSE Amex
DATE OF NAME CHANGE: 20090402
FORMER COMPANY:
FORMER CONFORMED NAME: NYSE Alternext US LLC
DATE OF NAME CHANGE: 20081009
FORMER COMPANY:
FORMER CONFORMED NAME: AMERICAN STOCK EXCHANGE LLC
DATE OF NAME CHANGE: 20010620
25-NSE
1
primary_doc.xml
X0203
0001143313
NYSE MKT LLC
1074909
FAB Universal Corp.
001-33935
5001 Baum Boulevard Suite 770
Pittsburgh
PA
PENNSYLVANIA
15213
(412) 621-0902
Common Stock
17 CFR 240.12d2-2(b)
Paras Madho
Director
2014-11-20
EX-99.25
2
ruleprovisionnotice.htm
NOTIFICATION OF THE REMOVAL FROM LISTING AND REGISTRATION OF THE STATED SECURITIES
NYSE MKT LLC (the 'Exchange' or the 'NYSE MKT') hereby notifies the Securities and Exchange Commission ('SEC') of its intention to remove the entire class of common stock ('Common Stock') of FAB Universal Corp. (the ‘Company’) from listing and registration on the Exchange at the opening of business on December 2, 2014, pursuant to the provisions of Rule 12d2-2(b), because, in the opinion of the Exchange, the Common Stock is no longer suitable for continued listing and trading on the Exchange.
1. Section 1003(f)(iii) of the NYSE MKT Company Guide ('Company Guide') provides that the Exchange will normally consider suspending dealings in or removing from the list a security when an issuer or its management has 'engage[d] in operations which, in the opinion of the Exchange, are contrary to the public interest.'
2. On August 11, 2014, NYSE Regulation, Inc. determined that the Company had failed to comply with Section 1003(f)(iii) of the Company Guide and that the Common Stock should be suspended immediately from trading, and directed the preparation and filing with the SEC of this application for the removal of the Common Stock from listing and registration on the Exchange. The Company was notified by phone on July 29, 2014 and by letter on August 11, 2014.
3. Pursuant to the above authorization, a press release was issued on August 11, 2014 and an announcement was made on the 'ticker' of the Exchange immediately and at the close of the trading session on August 11, 2014 of the suspension of trading in the Common Stock. Similar information was included on the Exchange’s website.
4. Pursuant to Sections 1009(d) and 1203 of the Company Guide, the Company had a right to appeal to a Listings Qualification Panel (the 'Panel') the determination to delist the Common Stock, provided that it filed a written request for such a review with the Office of the General Counsel of the Exchange within ten business days of receiving notice of the delisting determination. On August 18, 2014 the Exchange received a letter from the Company to request a hearing before the Panel. The hearing was held on October 14, 2014.
5. On October 24, 2014, the Panel issued a decision that affirmed the determination of NYSE Regulation to delist the Common Stock. 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.