-----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, UYWfinL+PeHOs0TvJpWrdoTiVMjEIJ1MBNZKFPDC0WG8glylwbl8SmEeBBD/mj+M uE7FC4vwkiUPjvczWSs1BQ== 0001354488-10-003739.txt : 20101130 0001354488-10-003739.hdr.sgml : 20101130 20101130164447 ACCESSION NUMBER: 0001354488-10-003739 CONFORMED SUBMISSION TYPE: 8-K PUBLIC DOCUMENT COUNT: 2 CONFORMED PERIOD OF REPORT: 20101123 ITEM INFORMATION: Notice of Delisting or Failure to Satisfy a Continued Listing Rule or Standard; Transfer of Listing ITEM INFORMATION: Financial Statements and Exhibits FILED AS OF DATE: 20101130 DATE AS OF CHANGE: 20101130 FILER: COMPANY DATA: COMPANY CONFORMED NAME: DECORATOR INDUSTRIES INC CENTRAL INDEX KEY: 0000027613 STANDARD INDUSTRIAL CLASSIFICATION: MISCELLANEOUS FABRICATED TEXTILE PRODUCTS [2390] IRS NUMBER: 251001433 STATE OF INCORPORATION: PA FISCAL YEAR END: 0102 FILING VALUES: FORM TYPE: 8-K SEC ACT: 1934 Act SEC FILE NUMBER: 001-07753 FILM NUMBER: 101222325 BUSINESS ADDRESS: STREET 1: 10011 PINES BLVD SUITE 201 CITY: PEMBROKE PINES STATE: FL ZIP: 33024 BUSINESS PHONE: 3054368909 8-K 1 dii_8k.htm CURRENT REPORT dii_8k.htm




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):  November 30, 2010 (November 23, 2010)

DECORATOR INDUSTRIES, INC.
(Exact name of registrant as specified in its charter)

Pennsylvania
1-7753
25-1001433
(State of Incorporation)
(Commission File Number)
(IRS Employer
   
Identification No.)

10011 Pines Boulevard, Pembroke Pines, Florida  33024
(Address of principal executive offices) (Zip Code)

Registrant’s telephone number, including area code:  (954) 436-8909


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:

¨
Written communications pursuant to Rule 425 under the Securities Act (17 CFR 230.425)

¨
Soliciting material pursuant to Rule 14a-12 under the Exchange Act (17 CFR 240.14a-12)

¨
Pre-commencement communications pursuant to Rule 14d-2(b) under the Exchange Act (17 CFR 240.14d-2(b))

¨
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 November 23, 2010, the Company received a letter from NYSE Regulation dated November 23, 2010 stating that the Company's failure to file its Form 10-Q for the third quarter of 2010 fails to meet the requirement for continued listing that the Company timely file reports due under the Securities Exchange Act of 1934 and that the failure to file such reports is a material violation of the Company's listing agreement and, therefore, NYSE Amex is authorized to suspend and, unless prompt corrective action is taken, remove the Company's securities from the Exchange. Trading in the Company's common stock was halted by the exchange on the morning of November 24. The Company delayed the filing because it was in discussions with its lender, Wells Fargo Bank, N.A., regarding the Company’s credit agreement and outstanding indebtedness. The Co mpany has reached an agreement in principle with Wells Fargo and will be filing its form 10-Q in the near future.

On November 23, 2010, the Company announced that, as a cost-saving matter, it intends to delist  its common stock from  NYSE Amex and deregister the stock under the Securities Exchange Act of 1934.  The Company's Board of Directors authorized these measures, and also the trading of the common stock on the "pink sheets", on November 16, 2010. On November 30, 2010, pursuant to Rule 12d2-2(c) under the Exchange Act, the Company filed with NYSE Amex notice of its determination to voluntarily withdraw its common stock from listing on the NYSE Amex and from registration under section 12(b) of the Exchange Act.


Item 9.01 – Financial Statements and Exhibits.

Exhibit 99.1   Press release, dated November 23, 2010 issued by Decorator Industries, Inc.



SIGNATURES

Pursuant to the requirements of the Securities Exchange Act of 1934, the Registrant has duly caused this report to be signed on its behalf by the undersigned hereunto duly authorized.


 
DECORATOR INDUSTRIES, INC.
 
 
                   (Registrant)
 
       
       
 
By:
/s/ Michael K. Solomon
 
   
Michael K. Solomon
 
   
Vice President
 

Date: November 30, 2010

 

2
EX-99.1 2 dii_ex991.htm PRESS RELEASE dii_ex991.htm
EXHIBIT 99.1
 
CONTACT:  William Johnson, President/CEO
 
FOR IMMEDIATE RELEASE
 
November 23, 2010


DECORATOR INDUSTRIES ANNOUNCES AMEX NOTIFICATION OF NON-COMPLIANCE; DISCUSSIONS WITH LENDER;  INTENT TO DELIST AND DEREGISTER COMMON STOCK

Decorator Industries, Inc. (AMEX-DII), a leading supplier of interior furnishings for the hospitality, manufactured housing (“MH”) and recreational vehicle (“RV”) industries, announced that NYSE/AMEX has notified the Company that it may halt trading in the Company’s common stock as a result of the Company’s failure to file financial information as of and for its third fiscal quarter ended October 2, 2010.

The Company delayed the filing because it was in discussions with its lender, Wells Fargo Bank, N.A., regarding the Company’s credit agreement and outstanding indebtedness. Today the Company has reached an agreement in principle with Wells Fargo.

The Company also announced that, as a cost-saving matter, it intends to delist its common stock from AMEX and deregister its common stock under the Securities Exchange Act of 1934.

STATEMENTS CONTAINED IN THIS RELEASE THAT ARE NOT HISTORICAL FACTS ARE FORWARD-LOOKING STATEMENTS THAT COULD DIFFER MATERIALLY FROM ACTUAL RESULTS.  PRIMARY FACTORS THAT COULD CAUSE ACTUAL RESULTS TO MATERIALLY DIFFER FROM THOSE IN THE FORWARD-LOOKING STATEMENTS ARE THE COMPANY’S ABILITY TO SUCCESSFULLY RENEGOTIATE OR REPLACE ITS LINE-OF-CREDIT, THE COMPANY’S ABILITY TO DELIST AND DEREGISTER ITS COMMON STOCK AND OTHER FACTORS.
 

DECORATOR INDUSTRIES, INC., FOUNDED IN 1953, DESIGNS MANUFACTURES AND SELLS INTERIOR FURNISHING PRODUCTS, PRINCIPALLY DRAPERIES, CURTAINS, SHADES, BLINDS, VALANCE BOARDS,  BEDSPREADS, COMFORTERS,  PILLOWS, CUSHIONS AND TRAILER TENTS.  DECORATOR IS A LEADING SUPPLIER TO THE MANUFACTURED HOUSING AND RECREATIONAL VEHICLE MARKETS AND IS A GROWING SUPPLIER TO THE LODGING INDUSTRY.

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