0001193125-12-139881.txt : 20120329 0001193125-12-139881.hdr.sgml : 20120329 20120329163216 ACCESSION NUMBER: 0001193125-12-139881 CONFORMED SUBMISSION TYPE: 8-K PUBLIC DOCUMENT COUNT: 2 CONFORMED PERIOD OF REPORT: 20120323 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: 20120329 DATE AS OF CHANGE: 20120329 FILER: COMPANY DATA: COMPANY CONFORMED NAME: NOBILITY HOMES INC CENTRAL INDEX KEY: 0000072205 STANDARD INDUSTRIAL CLASSIFICATION: MOBILE HOMES [2451] IRS NUMBER: 591166102 STATE OF INCORPORATION: FL FISCAL YEAR END: 1027 FILING VALUES: FORM TYPE: 8-K SEC ACT: 1934 Act SEC FILE NUMBER: 000-06506 FILM NUMBER: 12724388 BUSINESS ADDRESS: STREET 1: 3741 S W 7TH ST CITY: OCALA STATE: FL ZIP: 34474 BUSINESS PHONE: 3527325157 MAIL ADDRESS: STREET 1: 3741 SW 7TH STREET CITY: OCALA STATE: FL ZIP: 34474 8-K 1 d324398d8k.htm FORM 8-K Form 8-K

 

 

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): March 23, 2012

 

 

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 March 23, 2012 and March 28, 2012, Nobility Homes, Inc. (the “Company”) received letters from the staff of the Listing Qualifications Department (the “Staff”) of The NASDAQ Stock Market LLC stating that the Company is not in compliance with NASDAQ Listing Rule 5250(c)(1) because the Company did not timely file its Form 10-Q reports for the periods ended August 6, 2011 and February 4, 2012 (the “Form 10-Qs”) and Form 10-K for the year ended November 5, 2011 (the “Form 10-K) with the Securities and Exchange Commission (the “SEC”). As a result of these filing delays, the Staff’s letter indicated that trading in the Company’s securities would be suspended unless the Company timely requests a hearing before a NASDAQ Listing Qualifications Panel (the “Panel”) and requests that the Panel stay any suspension action pending the conclusion of the hearing process.

Accordingly, the Company intends to timely request a hearing before the Panel. In connection with that request, the Company will ask that the Panel extend the stay of the suspension action until the conclusion of the hearing process. Pursuant to the NASDAQ Listing Rules, the Panel has the discretion to extend the stay of the suspension action and to grant the Company continued listing pending its return to compliance for a period of time not to exceed September 19, 2012.

The Company is reviewing its accounting treatment regarding valuation of its inventory of pre-owned manufactured homes for prior reporting periods with the staff of the SEC. Until the SEC staff has completed its review of the Company’s accounting treatment, the Company is unable to file the Form 10-Qs and Form 10-K.

The Company issued a press release on March 29, 2012, disclosing receipt of the March 23, 2012 and March 28, 2012 letters 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.

 

-2-

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.
March 29, 2012     By:  

/s/ Lynn J. Cramer

     

Lynn J. Cramer, Jr., Treasurer

and Principal Accounting Officer

 

-3-

EX-99.1 2 d324398dex991.htm PRESS RELEASE Press Release

Exhibit 99.1

Nobility Homes, Inc. Receives NASDAQ Notice of Non-Compliance;

Intends to Request a Hearing

Ocala, FL, March 29, 2012 — Nobility Homes, Inc. (NASDAQ: NOBH) announced today that it received letters from the staff of the Listing Qualifications Department (the “Staff”) of The NASDAQ Stock Market LLC stating that the Company is not in compliance with NASDAQ Listing Rule 5250(c)(1) because the Company did not timely file its Form 10-Q reports for the periods ended August 6, 2011 and February 4, 2012 (the “Form 10-Qs”) and Form 10-K for the year ended November 5, 2011 (the “Form 10-K) with the Securities and Exchange Commission (the “SEC”). As a result of these filing delays, the Staff’s letter indicated that trading in the Company’s securities would be suspended unless the Company timely requests a hearing before a NASDAQ Listing Qualifications Panel (the “Panel”) and requests that the Panel stay any suspension action pending the conclusion of the hearing process.

Accordingly, the Company intends to timely request a hearing before the Panel. In connection with that request, the Company will ask that the Panel extend the stay of the suspension action until the conclusion of the hearing process. Pursuant to the NASDAQ Listing Rules, the Panel has the discretion to extend the stay of the suspension action and to grant the Company continued listing pending its return to compliance for a period of time not to exceed September 19, 2012.

The Company is reviewing its accounting treatment regarding valuation of its inventory of pre-owned manufactured homes for prior reporting periods with the staff of the SEC. Until the SEC staff has completed its review of the Company’s accounting treatment, the Company is unable to file the Form 10-Qs and Form 10-K.

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 appeal the suspension and delisting initiated by The NASDAQ Stock Market. 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.