0001143313-11-000154.txt : 20111208 0001143313-11-000154.hdr.sgml : 20111208 20111208160342 ACCESSION NUMBER: 0001143313-11-000154 CONFORMED SUBMISSION TYPE: 25-NSE CONFIRMING COPY: PUBLIC DOCUMENT COUNT: 2 FILED AS OF DATE: 20111208 DATE AS OF CHANGE: 20111208 SUBJECT COMPANY: COMPANY DATA: COMPANY CONFORMED NAME: CAGLES INC CENTRAL INDEX KEY: 0000016104 STANDARD INDUSTRIAL CLASSIFICATION: POULTRY SLAUGHTERING AND PROCESSING [2015] IRS NUMBER: 580625713 STATE OF INCORPORATION: GA FISCAL YEAR END: 0403 FILING VALUES: FORM TYPE: 25-NSE SEC ACT: 1934 Act SEC FILE NUMBER: 001-07138 BUSINESS ADDRESS: STREET 1: 1385 COLLIER ROAD NW CITY: ATLANTA STATE: GA ZIP: 30318 BUSINESS PHONE: 4043552820 MAIL ADDRESS: STREET 1: 1385 COLLIER ROAD NW CITY: ATLANTA STATE: GA ZIP: 30318 FILED BY: COMPANY DATA: COMPANY CONFORMED NAME: NYSE Amex 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 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 Amex 0000016104 CAGLES INC 001-07138
1385 COLLIER ROAD NW ATLANTA GA GEORGIA 30318
(404) 355-2820 Class A Common Stock, $1.00 Par Value 17 CFR 240.12d2-2(b) Janice O'Neill Senior Vice President, Corporate Compliance 2011-12-08 EX-99.25 2 cglform2512082011.htm AMERICAN STOCK EXCHANGE LLC








NYSE Amex 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


December 8, 2011


NYSE Amex LLC (the “Exchange”), 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 “SEC” or the “Commission”), has determined to strike from listing and registration on the Exchange, the following:


Cagles, Inc.

Class A Common Stock, $1.00 Par Value

         Commission File Number - 001-07138


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 or is subject to:


(a)

Section 1002(e) of the Company Guide which states that the Exchange will normally consider the suspension of trading in, or removal from listing of, any security when, in the opinion of the Exchange an event shall occur or any other condition shall exist which makes further dealings on the Exchange unwarranted; and


(b)

Section 1003(a)(iv) of the Company Guide which states that the Exchange will normally consider suspending dealings in, or removing from the list, securities of an issuer 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.


2.

The Class A Common Stock (the “Common Stock”) of Cagles, Inc. (the "Company") does not qualify for continued listing due to the following:


(a)

In a Form 8-K filed with the SEC on October 19, 2011, the Company filed a voluntary petition in the United States Bankruptcy Court for the Northern District of Georgia, seeking filed voluntary petitions for relief under Chapter 11 of the U.S. Bankruptcy Code.


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)

By letter dated October 21, 2011, Staff advised the Company of its non-compliance with certain continued listing standards and was subject to removal from listing in accordance with certain of the Exchange's continued listing requirements, as set forth in Part 10 of the Company Guide. In particular, the Company was not in compliance with Sections 1002(e) and 1003(a)(iv) of the Company Guide and was subject to removal from the list (the "Staff Determination").  The Company was further notified that due to the nature and severity of the continued listing deficiency, it was necessary and appropriate, to truncate the continued listing evaluation and follow-up procedures as set forth in Section 1009 of the Company Guide and move to immediately delist the securities from listing and registration on the Exchange.  The Company was further notified of its limited right, in accordance with Sections 1203 and 1009(d) of the Company Guide, to request a hearing before a Listing Qualifications Panel ("Panel") within seven days of the Staff Determination, or by October 28, 2011.


(b)

 The Company did not appeal the Staff Determination within the requisite time period or thereafter and was not otherwise in compliance with the Exchange's continued listing standards.


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 Common Stock from listing and/or registration by issuing a press release and posting notice on www.nyse.com. Further, a copy of this application has been forwarded to Mr. J. Douglas Cagle, Chief Executive Officer of Cagle’s, Inc.







Janice O’Neill

Senior Vice President

Corporate Compliance
NYSE Amex LLC