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 28, 2011
NOBILITY HOMES, INC.
(Exact name of registrant as specified in its charter)
| Florida | 000-06506 | 59-1166102 | ||
| (State or other jurisdiction of incorporation) |
(Commission File No.) |
(IRS Employer Identification No.) | ||
| 3741 S W 7th Street Ocala, Florida |
34478 | |||
| (Address of principal executive offices) | (Zip Code) | |||
Registrant’s telephone number including area code: (352) 732-5157
(Former name or former address, if changed since last report)
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 September 28, 2011, Nobility Homes, Inc. (the “Company”) received a letter from The NASDAQ Stock Market stating that the Company is not in compliance with NASDAQ Listing Rule 5250(c)(1) because the Company did not timely file its Quarterly Report on Form 10-Q for the period ended August 6, 2011 (the “Form 10-Q”) with the Securities and Exchange Commission (the “SEC”). The notification of non-compliance has no immediate effect on the listing or trading of the Company’s common stock on the NASDAQ Global Market.
As previously reported by the Company in its Form 12b-25 filed with the SEC on September 21, 2011, the filing of the Form 10-Q was delayed in order for the Company to complete the process of obtaining an independent valuation of its inventory of pre-owned manufactured homes and that it is unable to complete its financial statements and Management’s Discussion and Analysis for inclusion in the Form 10-Q until such valuation is completed.
The Company has until November 28, 2011 to submit a plan to regain compliance with respect to its delinquent periodic report and, if NASDAQ accepts the Company’s plan, it can grant an exception of up to 180 calendar days from the Form 10-Q due date, or until March 19, 2012, to regain compliance.
The Company issued a press release on October 3, 2011, disclosing receipt of the September 28, 2011 letter from NASDAQ. A copy of the press release is attached as Exhibit 99.1.
| ITEM 9.01 | Financial Statements and Exhibits |
| (d) | Exhibits: |
| Exhibit 99.1 | Press Release. |
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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.
| NOBILITY HOMES, INC. | ||||||
| October 3, 2011 | By: | /s/ Lynn J. Cramer, Jr. | ||||
| Lynn J. Cramer, Jr., Treasurer and Principal Accounting Officer | ||||||
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EXHIBIT INDEX
| Exhibit 99.1 | Press Release. |
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Exhibit 99.1
Nobility Homes, Inc. Receives NASDAQ Notice of Non-Compliance
Ocala, FL, October 3, 2011 — Nobility Homes, Inc. (NASDAQ: NOBH) announced today that on September 28, 2011, the Company received a letter from The NASDAQ Stock Market stating that the Company is not in compliance with NASDAQ Listing Rule 5250(c)(1) because the Company did not timely file its Quarterly Report on Form 10-Q for the period ended August 6, 2011 (the “Form 10-Q”) with the Securities and Exchange Commission (the “SEC”). The notification of non-compliance has no immediate effect on the listing or trading of the Company’s common stock on the NASDAQ Global Market.
As previously reported by the Company, the filing of the Form 10-Q was delayed in order for the Company to complete the process of obtaining an independent valuation of its inventory of pre-owned manufactured homes and that it is unable to complete its financial statements and Management’s Discussion and Analysis for inclusion in the Form 10-Q until such valuation is completed.
The Company has until November 28, 2011 to submit a plan to regain compliance with respect to its delinquent periodic report and, if NASDAQ accepts the Company’s plan, it can grant an exception of up to 180 calendar days from the Form 10-Q due date, or until March 19, 2012, to regain compliance.
Forward-Looking Statements
Certain statements contained in this press release may be deemed to be forward-looking under federal securities laws, and the Company intends that such forward-looking statements be subject to the safe harbor created thereby. Such forward-looking statements include, but are not limited to statements regarding the Company’s ability to file the Form 10-Q. The Company cautions that these statements are qualified by important factors that could cause actual results to differ materially from those reflected by the forward-looking statements contained herein. Although the Company believes that the expectations reflected in such forward-looking statements are based on reasonable assumptions, there are risks and uncertainties that may cause actual results to differ materially from expectations.