0001000096-10-000099.txt : 20100714 0001000096-10-000099.hdr.sgml : 20100714 20100713200032 ACCESSION NUMBER: 0001000096-10-000099 CONFORMED SUBMISSION TYPE: 8-K PUBLIC DOCUMENT COUNT: 2 CONFORMED PERIOD OF REPORT: 20100707 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: 20100714 DATE AS OF CHANGE: 20100713 FILER: COMPANY DATA: COMPANY CONFORMED NAME: ACCELR8 TECHNOLOGY CORP CENTRAL INDEX KEY: 0000727207 STANDARD INDUSTRIAL CLASSIFICATION: LABORATORY ANALYTICAL INSTRUMENTS [3826] IRS NUMBER: 841072256 STATE OF INCORPORATION: CO FISCAL YEAR END: 0731 FILING VALUES: FORM TYPE: 8-K SEC ACT: 1934 Act SEC FILE NUMBER: 001-31822 FILM NUMBER: 10951032 BUSINESS ADDRESS: STREET 1: 303 E 17TH AVE STREET 2: SUITE 108 CITY: DENVER STATE: CO ZIP: 80203 BUSINESS PHONE: 3038638088 MAIL ADDRESS: STREET 1: 303 E 17TH ST STREET 2: SUITE 108 CITY: DENVER STATE: CO ZIP: 80203 FORMER COMPANY: FORMER CONFORMED NAME: HYDRO SEEK INC DATE OF NAME CHANGE: 19880802 8-K 1 accelr88k7710.htm FORM 8-K accelr88k7710.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
 
July 7, 2010
Date of Report (Date of earliest event reported):

ACCELR8 TECHNOLOGY CORPORATION
(Exact name of registrant as specified in charter)

 
Colorado
0-11485
84-1072256
(State or other jurisdiction
of incorporation)
(Commission File Number)
 (IRS Employer
Identification No.)

7000 North Broadway, Building 3-307, Denver, CO 80221
(Address of principal executive offices)
 
(303) 863-8808
Registrant’s telephone number, including area code:

Not Applicable.
(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 July 7, 2010, Accelr8 Technology Corporation (the “Company”) received notice from the NYSE Amex LLC (the “Exchange”) notifying the Company that it had failed to regain compliance with Sections 1003(a)(ii) and 1003(a)(iii) of the Exchange’s Company Guide due to the fact that the Company’s stockholders' equity is less than the $4,000,000 and $6,000,000 thresholds set forth in the applicable rules.
 
The notice indicates that unless the Company requests a hearing before a Listing Qualifications Panel (the “Panel”), its common stock would be delisted. The Company intends to request such a hearing, which will automatically stay any delisting action until the Panel renders a decision following the hearing. However, there can be no assurance that following the hearing the Panel will grant the Company’s request for continued listing.
 
On July 13, 2010, the Company issued a press release to report the receipt of the notice from the Exchange.  A copy of that press release is attached to this Current Report on Form 8-K as Exhibit 99.1 and is incorporated herein by reference.

Item 9.01           Financial Statements and Exhibits.
 
(d)            Exhibits.

Exhibit
Number
  
Description of Exhibit
     
 99.1
  
Press release dated July 13, 2010.
  

 
 
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:  July 13, 2010
  
ACCELR8 TECHNOLOGY CORPORATION
     
   
By:  /s/  Thomas V. Geimer
    Thomas V. Geimer, Chief Executive Officer
EX-99.1 2 accelr87710exh991.htm PRESS RELEASE accelr87710exh991.htm
Exhibit 99.1
 

 
Accelr8 Technology Corporation Receives Notice from NYSE Amex
 
Accelr8 Technology Corporation (the “Company”) today announced that on July 7, 2010, the Company received notification from the Corporate Compliance Staff of the NYSE Amex LLC (the "Exchange") that the Exchange Staff has concluded that the Company has not regained compliance with Sections 1003(a)(ii) and 1003(a)(iii) of the Exchange's Company Guide due to the fact that the Company’s stockholders' equity is less than the $4,000,000 and $6,000,000 thresholds set forth in the applicable rules.  Given that this finding could result in the delisting of the Company’s securities, the Company intends to timely request a hearing before a Listing Qualifications Panel (the "Panel") to appeal the Exchange Staff's determination. The hearing request will automatically stay the delisting of the Company's common stock until the Panel issues its decision following the hearing. At the hearing, the Company will present its plan to regain compliance with the Exchange’s listing requirements and will request the continued listing of its securities on the Exchange. However, there can be no assurance that the Panel will grant the Company's request.