0000876661-23-000121.txt : 20230216
0000876661-23-000121.hdr.sgml : 20230216
20230216094347
ACCESSION NUMBER: 0000876661-23-000121
CONFORMED SUBMISSION TYPE: 25-NSE
PUBLIC DOCUMENT COUNT: 2
FILED AS OF DATE: 20230216
DATE AS OF CHANGE: 20230216
EFFECTIVENESS DATE: 20230216
SUBJECT COMPANY:
COMPANY DATA:
COMPANY CONFORMED NAME: INVACARE CORP
CENTRAL INDEX KEY: 0000742112
STANDARD INDUSTRIAL CLASSIFICATION: ORTHOPEDIC, PROSTHETIC & SURGICAL APPLIANCES & SUPPLIES [3842]
IRS NUMBER: 952680965
STATE OF INCORPORATION: OH
FISCAL YEAR END: 1231
FILING VALUES:
FORM TYPE: 25-NSE
SEC ACT: 1934 Act
SEC FILE NUMBER: 001-15103
FILM NUMBER: 23637364
BUSINESS ADDRESS:
STREET 1: ONE INVACARE WAY
STREET 2: P O BOX 4028
CITY: ELYRIA
STATE: OH
ZIP: 44036
BUSINESS PHONE: 4403296000
MAIL ADDRESS:
STREET 1: ONE INVACARE WAY
STREET 2: P O BOX 4028
CITY: ELYRIA
STATE: OH
ZIP: 44036
FILED BY:
COMPANY DATA:
COMPANY CONFORMED NAME: NEW YORK STOCK EXCHANGE LLC
CENTRAL INDEX KEY: 0000876661
IRS NUMBER: 000000000
STATE OF INCORPORATION: NY
FILING VALUES:
FORM TYPE: 25-NSE
BUSINESS ADDRESS:
STREET 1: 11 WALL STREET
CITY: NEW YORK
STATE: NY
ZIP: 10005
BUSINESS PHONE: 212-656-2060
MAIL ADDRESS:
STREET 1: 11 WALL STREET
CITY: NEW YORK
STATE: NY
ZIP: 10005
FORMER COMPANY:
FORMER CONFORMED NAME: NEW YORK STOCK EXCHANGE INC
DATE OF NAME CHANGE: 19910628
25-NSE
1
primary_doc.xml
X0203
0000876661
NEW YORK STOCK EXCHANGE LLC
0000742112
INVACARE CORP
001-15103
One Invacare WayP.O. Box 4028
Elyria
OH
OHIO
44036
(440) 329-6000
Common Shares
17 CFR 240.12d2-2(b)
Nicolas Connolly
Analyst, Regulation
2023-02-16
EX-99.25
2
ruleprovisionnotice.htm
NOTIFICATION OF THE REMOVAL FROM LISTING AND REGISTRATION OF THE STATED SECURITIES
The New York Stock Exchange ('NYSE' or the 'Exchange') hereby notifies the Securities and Exchange Commission (the 'Commission') of its intention to remove the Common Shares, (the "Common Shares") of Invacare Corporation (the "Company") from listing and registration on the Exchange at the opening of business on February 27, 2023, pursuant to the provisions of Rule 12d2-2(b) because, in the opinion of the Exchange, the Common Shares are no longer suitable for continued listing and trading on the Exchange.
The Exchange reached its decision pursuant to Section 802.01D of the Listed Company Manual after the Company's s February 1, 2023 disclosure that the Company has filed voluntary petitions for relief under Chapter 11 of the U.S. Bankruptcy Code in the U.S. Bankruptcy Court for the Southern District of Texas. In reaching its delisting determination, NYSE Regulation noted the uncertainty as to the ultimate effect of this process on the value of the Company's Common Shares. NYSE Regulation also noted that the Company's restructuring support agreement contemplates that the Company's outstanding Common Shares will be cancelled and extinguished without any distribution, and holders of the Company's Common Shares will not receive or retain any distribution or other value on account of their Common Shares
On February 1, 2023, the Exchange determined that the Common Shares of the Company should be suspended from trading and directed the preparation and filing with the Commission of this application for the removal of the Common Shares from listing and registration on the NYSE. The Company was notified on February 1, 2023.
The Company had a right to appeal to a Committee of the Board of Directors of the Exchange (the 'Committee') the determination to delist the Common Stock, provided it filed a written request for such a review with the Secretary of the Exchange within ten business days of receiving notice of the delisting determination. The Company did not file such request within the specified period. Consequently, all conditions precedent under SEC Rule 12d2-2(b) to the filing of this application have been satisfied.