-----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, HGspiJukd1f8PT20Z3g8xmDmUp0OkEcM5SCKadlnoqoNYlCZ9j70btr73Xzz1Swu 42WamAjdQGnw3MBWQV8qzQ== 0001354457-09-000037.txt : 20090217 0001354457-09-000037.hdr.sgml : 20090216 20090217103927 ACCESSION NUMBER: 0001354457-09-000037 CONFORMED SUBMISSION TYPE: 25-NSE CONFIRMING COPY: PUBLIC DOCUMENT COUNT: 2 FILED AS OF DATE: 20090217 DATE AS OF CHANGE: 20090217 SUBJECT COMPANY: COMPANY DATA: COMPANY CONFORMED NAME: NexCen Brands, Inc. CENTRAL INDEX KEY: 0001093434 STANDARD INDUSTRIAL CLASSIFICATION: PATENT OWNERS & LESSORS [6794] IRS NUMBER: 522186634 STATE OF INCORPORATION: DE FISCAL YEAR END: 1231 FILING VALUES: FORM TYPE: 25-NSE SEC ACT: 1934 Act SEC FILE NUMBER: 000-27707 BUSINESS ADDRESS: STREET 1: 1330 AVENUE OF THE AMERICAS STREET 2: 40TH FLOOR CITY: NEW YORK STATE: NY ZIP: 10019 BUSINESS PHONE: 2122771100 MAIL ADDRESS: STREET 1: 1330 AVENUE OF THE AMERICAS STREET 2: 40TH FLOOR CITY: NEW YORK STATE: NY ZIP: 10019 FORMER COMPANY: FORMER CONFORMED NAME: AETHER HOLDINGS INC DATE OF NAME CHANGE: 20050719 FORMER COMPANY: FORMER CONFORMED NAME: AETHER SYSTEMS INC DATE OF NAME CHANGE: 20000525 FORMER COMPANY: FORMER CONFORMED NAME: AETHER SYSTEMS LLC DATE OF NAME CHANGE: 19991029 FILED BY: COMPANY DATA: COMPANY CONFORMED NAME: NASDAQ Stock Market LLC CENTRAL INDEX KEY: 0001354457 IRS NUMBER: 521165937 STATE OF INCORPORATION: DE FISCAL YEAR END: 1231 FILING VALUES: FORM TYPE: 25-NSE BUSINESS ADDRESS: STREET 1: 9600 BLACKWELL RD CITY: ROCKVILLE STATE: MD ZIP: 20850 BUSINESS PHONE: 301-978-4144 MAIL ADDRESS: STREET 1: 9600 BLACKWELL RD CITY: ROCKVILLE STATE: MD ZIP: 20850 25-NSE 1 primary_doc.xml X0203 0001354457 NASDAQ Stock Market LLC 0001093434 NexCen Brands, Inc. 000-27707
621 E. Pratt Street, Suite 601 Baltimore MD MARYLAND 21202
410-654-6400 Common stock 17 CFR 240.12d2-2(b) Amy Horton Associate General Counsel 2009-02-17 EX-99.25 2 nexcdelistreason.txt Delisting Determination, The Nasdaq Stock Market, LLC, February 17, 2009, NexCen Brands, Inc. The Nasdaq Stock Market, LLC (the Exchange) has determined to remove from listing the common stock of NexCen Brands, Inc. (the Company), effective at the open of business on February 27, 2009. Based on a review of information provided by the Company, Nasdaq Staff determined that the Company no longer qualified for listing on the Exchange as it failed to comply with Marketplace Rule 4310(c)(14). The Company was notified of the Staffs determination on May 20, 2008. On May 23, 2008, the Company excercised its right to appeal the Exchange Staffs determination to the Listing Qualifications Hearings Panel (Panel) pursuant to Marketplace Rule 4805. Upon review of the information provided by the Company, the Panel exercised its discretionary authority to continue the Companys listing, conditioned upon the Company demonstrating compliance with Marketplace Rule 4310(c)(14) by November 17, 2008. The Panel notified the Company on September 2, 2008, that failure to regain compliance by November 17, 2008 would result in delisting. On October 15, 2008, the Nasdaq Listing and Hearing Review Council (the Council) called the Panel decision for review and stayed any decision to delist the Companys securities. On January 8, 2009, the Council notified the Company that it had withdrawn its call for review of the Panel decision, lifted the stay of delisting, and as a consequence the Companys securities would be suspended from trading effective at the open of trading January 13, 2009. Staffs determination to delist the Companys securities became final on January 8, 2009 and the Companys securities were suspended from trading on the Exchange at the open of business on January 13, 2009. -----END PRIVACY-ENHANCED MESSAGE-----