-----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, DkAm0fMVEwjPPebif5pAN4cGD96p364CNmChPJbpnzoLwDbkBZC8wnhORpOJ/Kq4 plT3X8wral8h49qK4D7V+w== 0000950134-05-018711.txt : 20051004 0000950134-05-018711.hdr.sgml : 20051004 20051003193548 ACCESSION NUMBER: 0000950134-05-018711 CONFORMED SUBMISSION TYPE: 8-K PUBLIC DOCUMENT COUNT: 2 CONFORMED PERIOD OF REPORT: 20050930 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: 20051004 DATE AS OF CHANGE: 20051003 FILER: COMPANY DATA: COMPANY CONFORMED NAME: DIONEX CORP /DE CENTRAL INDEX KEY: 0000708850 STANDARD INDUSTRIAL CLASSIFICATION: INDUSTRIAL INSTRUMENTS FOR MEASUREMENT, DISPLAY, AND CONTROL [3823] IRS NUMBER: 942647429 STATE OF INCORPORATION: CA FISCAL YEAR END: 0630 FILING VALUES: FORM TYPE: 8-K SEC ACT: 1934 Act SEC FILE NUMBER: 000-11250 FILM NUMBER: 051119174 BUSINESS ADDRESS: STREET 1: 1228 TITAN WAY STREET 2: P O BOX 3603 CITY: SUNNYVALE STATE: CA ZIP: 94086-3603 BUSINESS PHONE: 4087370700 MAIL ADDRESS: STREET 1: 1228 TITAN WAY CITY: SUNNYVALE STATE: CA ZIP: 94088-3603 8-K 1 f13187e8vk.htm 8-K Form 8-K
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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): SEPTEMBER 30, 2005
DIONEX CORPORATION
(Exact name of registrant as specified in its charter)
         
Delaware   000-11250   94-2647429
 
(State or other jurisdiction of
incorporation or organization)
  (Commission File Number)   (IRS Employer
Identification Number)
1228 Titan Way,
Sunnyvale, CA 94088

(Address of principal executive offices, including zip code)
(408) 737-0700
(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))
 
 

 


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Item 3.01. NOTICE OF DELISTING OR FAILURE TO SATISFY A CONTINUED LISTING RULE OR STANDARD; TRANSFER OF LISTING
Item 9.01 Exhibits
SIGNATURE
EXHIBIT 99.1


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Item 3.01. NOTICE OF DELISTING OR FAILURE TO SATISFY A CONTINUED LISTING RULE OR STANDARD; TRANSFER OF LISTING
     On October 3, 2005, Dionex Corporation issued a press release acknowledging the receipt of a Nasdaq Staff Determination letter dated September 30, 2005 notifying the company that it had not complied with Nasdaq Marketplace Rule 4310(C)(14) requiring the timely filing of its Form 10-K for the year ended June 30, 2005 with the Securities and Exchange Commission. As a result, Nasdaq has indicated that the company’s trading symbol will be changed from DNEX to DNEXE effective October 4, 2005 and the company has been put on notice that its securities will be delisted from the Nasdaq Stock Market at the open of business on October 11, 2005 unless the company requests a hearing before the Nasdaq Listing Qualification Panel. The Company intends to appeal the Staff’s determination at such a hearing.
     A copy of the press release is attached as Exhibit 99.1 hereto and is hereby incorporated herein by reference.
Item 9.01 Exhibits
     
Exhibit    
No.   Description
99.1
  Press Release dated October 3, 2005.

 


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SIGNATURE
     Pursuant to the requirements of the Securities Exchange Act of 1934, as amended, the Registrant has duly caused this report to be signed on its behalf by the undersigned, hereunto duly authorized.
         
  DIONEX CORPORATION
 
 
Dated: October 3, 2005  By:        /s/ Craig A. McCollam    
         Craig A. McCollam   
         Vice President, Finance and
     Administration and
     Chief Financial Officer
 
 
 

 


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INDEX TO EXHIBITS
     
Exhibit    
No.   Description
99.1
  Press Release of Dionex Corporation dated October 3, 2005.

 

EX-99.1 2 f13187exv99w1.htm EXHIBIT 99.1 EXHIBIT 99.1
 

Exhibit 99.1
     
October 3, 2005
  Contact: Craig McCollam
Dionex Corporation
408-481-4107
DIONEX CORPORATION RECEIVES NASDAQ DELISTING NOTIFICATION LETTER RELATING TO
NOTICE OF LATE FILING OF FORM 10-K
FOR RELEASE MONDAY, OCTOBER 3, 2005, 3:00 P.M. P.D.T.
Sunnyvale, California, October 3, 2005 — Dionex Corporation (Nasdaq: DNEX), today acknowledged its receipt of a NASDAQ Staff Determination Letter dated September 30, 2005 regarding potential delisting of the Company’s stock. As a result of the Company’s previously announced inability to timely file its annual report on Form 10-K, the Company is not in compliance with the NASDAQ Stock Market’s continued listing requirement set forth in Marketplace Rule 4310(c)(14). As a result, the Company’s securities are subject to delisting from the NASDAQ National Market.
The Company plans to request a hearing before a NASDAQ Listing Qualifications Panel to review the Staff Determination and request continued listing on NASDAQ until the Company files its Form 10-K for the fiscal year ended June 30, 2005. In its notification letter the NASDAQ staff informed the Company that this request will result in a postponement of the delisting pending the Panel’s decision. However, the Company can provide no assurance that the hearing panel will grant its request for continued listing. As previously announced, the Company currently plans to file its Form 10-K on or before October 14, 2005.
As a result of the Company’s previously announced inability to timely file its 2005 Form 10-K, the Company’s trading symbol will be changed from DNEX to DNEXE, effective at the opening of business on October 4.
Dionex Corporation is a leading manufacturer and marketer of chromatography systems for chemical analysis. The Company’s systems are used in environmental analysis and by the life sciences, food and beverage, chemicals, petrochemicals, power generation and electronics industries in a variety of applications.

 

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