-----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, O9QSeBD1KbketNo3a+MJNs2nqC07MKGnCGvZEuwOcpGAdSmqJOe4CWwmx05dThRE 9G6IXWF+uHBzKXrOG2b8Bg== 0001393066-09-000015.txt : 20090324 0001393066-09-000015.hdr.sgml : 20090324 20090324160617 ACCESSION NUMBER: 0001393066-09-000015 CONFORMED SUBMISSION TYPE: 8-K PUBLIC DOCUMENT COUNT: 1 CONFORMED PERIOD OF REPORT: 20090318 ITEM INFORMATION: Notice of Delisting or Failure to Satisfy a Continued Listing Rule or Standard; Transfer of Listing FILED AS OF DATE: 20090324 DATE AS OF CHANGE: 20090324 FILER: COMPANY DATA: COMPANY CONFORMED NAME: AbitibiBowater Inc. CENTRAL INDEX KEY: 0001393066 STANDARD INDUSTRIAL CLASSIFICATION: PAPER MILLS [2621] IRS NUMBER: 980526415 STATE OF INCORPORATION: DE FISCAL YEAR END: 1231 FILING VALUES: FORM TYPE: 8-K SEC ACT: 1934 Act SEC FILE NUMBER: 001-33776 FILM NUMBER: 09701515 BUSINESS ADDRESS: STREET 1: 1155 METCALF STREET, SUITE 800 CITY: MONTREAL STATE: A8 ZIP: H3B 5H2 BUSINESS PHONE: 514-875-2160 MAIL ADDRESS: STREET 1: 1155 METCALF STREET, SUITE 800 CITY: MONTREAL STATE: A8 ZIP: H3B 5H2 8-K 1 form8k.htm UNITED STATES

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):  March 18, 2009

 

ABITIBIBOWATER INC.

(Exact name of Registrant as Specified in Charter)

 

 

 

 

 

 

Delaware

 

001-33776

 

98-0526415

(State or other Jurisdiction of

Incorporation or Organization)

 

(Commission File Number)

 

(I.R.S. Employer

Identification Number)

 

 

 

 

 

AbitibiBowater Inc.

1155 Metcalfe Street, Suite 800

Montreal, Quebec

Canada

H3B 5H2

 

(Address of principal executive offices)

(Zip Code)

     
     
 

(514) 875-2160

 
 

(Registrant's telephone number, including area code)

 

 


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))

 



 
Item 3.01.

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

   
 

On March 18, 2009, AbitibiBowater Inc. (the "Company") received a written notice from the NYSE Regulation, Inc. (the "NYSE") stating that the Company is not in compliance with the NYSE's continuing listing criteria under Section 802.01E of the NYSE Listed Company Manual, because the Company failed to timely file its annual report on Form 10-K for the fiscal year ended December 31, 2008.  Under Section 802.01E, the NYSE will monitor the status of the Company's late filing and related public disclosures for up to a six-month period.  If the Company does not file its annual report on Form 10-K within six months from the filing due date, the NYSE may, in its sole discretion, either allow the Company's securities to trade for up to an additional six months depending on specific circumstances, as outlined in the rule, or, if the NYSE determines that an additional six-month trading period is not appropriate, commence suspension and delisting procedures of the Company's securities, which includes the Company's common stock (NYSE symbol: ABH).  The Company currently expects to file its annual report on Form 10-K prior to the expiration of this monitoring period.

   

 

  2


 

 

Signature

Pursuant to the requirements of the Securities Exchange Act of l934, as amended, the registrant has duly caused this report to be signed on its behalf by the undersigned thereunto duly authorized.

 

  ABITIBIBOWATER INC.
     
     
  By:
/s/ Jacques P. Vachon
Dated: March 24, 2009   Name: Jacques P. Vachon
   

Title: Senior Vice-President, Corporate Affairs and Chief Legal Officer

 

 

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