-----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, PTJrlACemxUnjR8FY9kpNgpUt+tPcKcxVVR/dJapcF9a7bpkFWr9O7Z+eVmUF6qj EavftEt3FR3V76UwKVV3ew== 0000058592-09-000036.txt : 20090604 0000058592-09-000036.hdr.sgml : 20090604 20090604144953 ACCESSION NUMBER: 0000058592-09-000036 CONFORMED SUBMISSION TYPE: 8-K PUBLIC DOCUMENT COUNT: 2 CONFORMED PERIOD OF REPORT: 20090602 ITEM INFORMATION: Other Events ITEM INFORMATION: Financial Statements and Exhibits FILED AS OF DATE: 20090604 DATE AS OF CHANGE: 20090604 FILER: COMPANY DATA: COMPANY CONFORMED NAME: 4 KIDS ENTERTAINMENT INC CENTRAL INDEX KEY: 0000058592 STANDARD INDUSTRIAL CLASSIFICATION: PATENT OWNERS & LESSORS [6794] IRS NUMBER: 132691380 STATE OF INCORPORATION: NY FISCAL YEAR END: 1231 FILING VALUES: FORM TYPE: 8-K SEC ACT: 1934 Act SEC FILE NUMBER: 001-16117 FILM NUMBER: 09873905 BUSINESS ADDRESS: STREET 1: 1414 AVE OF THE AMERICAS CITY: NEW YORK STATE: NY ZIP: 10019 BUSINESS PHONE: 2127587666 MAIL ADDRESS: STREET 1: 1414 AVENUE OF THE AMERICAS CITY: NEW YORK STATE: NY ZIP: 10019 FORMER COMPANY: FORMER CONFORMED NAME: LEISURE CONCEPTS INC DATE OF NAME CHANGE: 19920703 FORMER COMPANY: FORMER CONFORMED NAME: AMERICAN LEISURE INDUSTRIES INC DATE OF NAME CHANGE: 19740822 8-K 1 form8k060309.htm FORM 8-K DATED JUNE 3, 2009



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): June 2, 2009

Commission file number 0-7843

4Kids Entertainment, Inc.
(Exact name of Registrant as specified in its charter)

New York
(State or other jurisdiction of
incorporation or organization) 		13-2691380
(I.R.S. Employer
Identification No.)

1414 Avenue of the Americas
New York, New York 10019
(212) 758-7666
(Address, including zip code, and telephone number, including area code,
of Registrant’s principal executive offices)

 

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 8.01     Other Events.

On June 2, 2009, 4Kids Entertainment, Inc. (the“Company”), received written notice from NYSE Regulation, Inc. (“NYSE Regulation”) that the Company is in compliance with the revised continued listing standards of the New York Stock Exchange (the “NYSE”).

 

The NYSE received approval from the Securities and Exchange Commission for a pilot program effective retroactively to May 12, 2009, to amend its listing criteria through October 31, 2009. The NYSE anticipates making a subsequent rule filing prior to October 31, 2009 to make the revised listing standards permanent. Under the revised listing standards, a NYSE listed company that originally qualified to list under the “earnings test” such as 4Kids will be considered to be not in compliance with the NYSE’s continued listing standards if its average global market capitalization over a consecutive 30 day trading period is less than $50 million, and at the same time, its stockholders’ equity is less than $50 million. Prior to the amendment, these market capitalization and stockholders’ equity thresholds had each been $75 million.

 

4Kids had previously announced on April 14, 2009 that it was not in compliance with the NYSE’s continued listing standards with respect to global market capitalization and stockholders’ equity as a result of 4Kids’ stockholders’ equity at the end of the first quarter 2009 being equal to $74.99 million, or approximately $10,000 below the minimum NYSE stockholders’ equity requirement in effect at that time. Due to the reduction of the stockholders’ equity requirement to $50 million or more, 4Kids is deemed to be back in compliance with the NYSE’s stockholders’ equity requirement.

 

The NYSE has also informed 4Kids that if 4Kids does not meet the continued listing standards within 12 months of the date 4Kids was deemed in compliance, 4Kids would receive a formal notification letter from NYSE Regulation. The staff of NYSE Regulation would then examine the relationship between the two incidents of falling below continued listing standards and reevaluate 4Kids’ method of financial recovery from the first incident. The staff of NYSE Regulation would at that point take such action it believes to be appropriate, which, depending upon the circumstances could include truncating the procedures that would otherwise be applicable, or immediately initiating suspension and delisting procedures.

 

Item 9.01 Financial Statements, Pro Forma Financial Information and Exhibits.

              (c) Exhibits

            Exhibit                                                                       Description

              99.1                                    Press release issued by 4Kids Entertainment, Inc. dated June 3, 2009



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.

Date:  June 4, 2009

4KIDS ENTERTAINMENT, INC.


BY: /s/ Bruce R. Foster

Bruce R. Foster
Executive Vice President and
Chief Financial Officer

EX-99 2 pressrlnyse060309.htm PRESS RELEASE DATED JUNE 3, 2009

 

 

INVESTOR CONTACTS:

MEDIA CONTACT:

 

Todd Fromer / Garth Russell

Barry Stagg

 

KCSA Strategic Communications

4Kids Entertainment

 

(212) 896-1215 / (212) 896-1250

(646) 822-4257

 

tfromer@kcsa.com / grussell@kcsa.com

bstagg@4kidsent.com

 

4Kids Entertainment Back in Compliance with NYSE Listing Criteria

 

NEW YORK, June 3, 2009 – 4Kids Entertainment, Inc. (NYSE: KDE), the global children’s entertainment and merchandise licensing company, today announced that NYSE Regulation, Inc. (“NYSE Regulation”) has notified the company that 4Kids is in compliance with the revised continued listing standards of the New York Stock Exchange (the “NYSE”).

 

The NYSE received approval from the Securities and Exchange Commission for a pilot program effective retroactively to May 12, 2009, to amend its listing criteria through October 31, 2009. The NYSE anticipates making a subsequent rule filing prior to October 31, 2009 to make the revised listing standards permanent. Under the revised listing standards, a NYSE listed company that originally qualified to list under the “earnings test” such as 4Kids will be considered to be not in compliance with the NYSE’s continued listing standards if its average global market capitalization over a consecutive 30 day trading period is less than $50 million, and at the same time, its stockholders’ equity is less than $50 million. Prior to the amendment, these market capitalization and stockholders’ equity thresholds had each been $75 million.

 

4Kids had previously announced on April 14, 2009 that it was not in compliance with the NYSE’s continued listing standards with respect to global market capitalization and stockholders’ equity as a result of 4Kids’ stockholders’ equity at the end of the first quarter 2009 being equal to $74.99 million, or approximately $10,000 below the minimum NYSE stockholders’ equity requirement in effect at that time. Due to the reduction of the stockholders’ equity requirement to $50 million or more, 4Kids is deemed to be back in compliance with the NYSE’s stockholders’ equity requirement.

 

The NYSE has also informed 4Kids that if 4Kids does not meet the continued listing standards within 12 months of the date 4Kids was deemed in compliance, 4Kids would receive a formal notification letter from NYSE Regulation. The staff of NYSE Regulation would then examine the relationship between the two incidents of falling below continued listing standards and reevaluate 4Kids’ method of financial recovery from the first incident. The staff of NYSE Regulation would at that point take such action it believes to be appropriate, which, depending upon the circumstances could include truncating the procedures that would otherwise be applicable, or immediately initiating suspension and delisting procedures.

 

About 4Kids Entertainment, Inc.

With U.S. headquarters in New York City, regional offices for its trading card business in San Diego, California and international offices in London, 4Kids Entertainment, Inc. (NYSE: KDE) is a global organization devoted to the creation, development, production, broadcasting, distribution, licensing and manufacturing of children’s entertainment products.

 

Through its subsidiaries, 4Kids produces animated television series and films, distributes 4Kids’ produced or licensed animated television series for the domestic and international television and home video markets, licenses merchandising rights worldwide to 4Kids’ owned or represented properties, operates Websites to support 4Kids’ owned or represented properties, and produces and markets collectible trading card games. Additionally, the Company programs and sells the national advertising time in “TheCW4Kids” five-hour Saturday morning block on The CW television network.

 

Additional information is available on the www.4KidsEntertainment.com corporate website and at the www.4Kids.tv game station site.

 

The information contained in this press release, other than historical information, consists of forward-looking statements within the meaning of the Private Securities Litigation Reform Act of 1995. These statements may involve risks and uncertainties that could cause actual results to differ materially from those described in such statements. Although the Company believes that the expectations reflected in such forward-looking statements are reasonable, it can give no assurance that such expectations will prove to have been correct. Important factors beyond the Company's control, including general economic conditions, consumer spending levels, competition from toy companies, motion picture studios and other licensing companies, the uncertainty of public response to the Company's properties and other factors could cause actual results to differ materially from the Company's expectations.

 

 

 

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