-----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, BdeDJ9DZGeAgIgEoUAa7i7nMaAJ04JXESx96fPRMqPuFIMWZaugn6CIugiTczQmm 4aRvh7M7Smf59VZihClqiQ== 0001193125-05-171755.txt : 20050819 0001193125-05-171755.hdr.sgml : 20050819 20050819170920 ACCESSION NUMBER: 0001193125-05-171755 CONFORMED SUBMISSION TYPE: 8-K PUBLIC DOCUMENT COUNT: 2 CONFORMED PERIOD OF REPORT: 20050815 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: 20050819 DATE AS OF CHANGE: 20050819 FILER: COMPANY DATA: COMPANY CONFORMED NAME: BIOLASE TECHNOLOGY INC CENTRAL INDEX KEY: 0000811240 STANDARD INDUSTRIAL CLASSIFICATION: DENTAL EQUIPMENT & SUPPLIES [3843] IRS NUMBER: 870442441 STATE OF INCORPORATION: DE FISCAL YEAR END: 1231 FILING VALUES: FORM TYPE: 8-K SEC ACT: 1934 Act SEC FILE NUMBER: 000-19627 FILM NUMBER: 051039251 BUSINESS ADDRESS: STREET 1: 981 CALLE AMANECER CITY: SAN CLEMENTE STATE: CA ZIP: 92673 BUSINESS PHONE: 7143611200 MAIL ADDRESS: STREET 1: 981 CALLE AMANECER CITY: SAN CLEMENTE STATE: CA ZIP: 92673 FORMER COMPANY: FORMER CONFORMED NAME: LASER MEDICAL TECHNOLOGY INC DATE OF NAME CHANGE: 19941117 FORMER COMPANY: FORMER CONFORMED NAME: LASER ENDO TECHNIC CORP DATE OF NAME CHANGE: 19920708 FORMER COMPANY: FORMER CONFORMED NAME: PAMPLONA CAPITAL CORP DATE OF NAME CHANGE: 19911104 8-K 1 d8k.htm FORM 8-K Form 8-K

 

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): August 15, 2005

 


 

BIOLASE TECHNOLOGY, INC.

(Exact name of registrant as specified in its charter)

 


 

Delaware   000-19627   87-0442441
(State or other jurisdiction
of incorporation)
  (Commission File Number)   (IRS Employer
Identification No.)

 

981 Calle Amanecer
San Clemente, California
  92673
(Address of principal executive offices)   (Zip Code)

 

Registrant’s telephone number, including area code: (949) 361-1200

 

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 August 15, 2005, Biolase Technology, Inc. (the “Company”) received a notification letter from The Nasdaq Stock Market, Inc. (“Nasdaq”) that the Company is not in compliance with a condition for the continued listing of the Company’s common stock on the Nasdaq National Market under NASD Marketplace Rule 4310(c)(14) because the Company has not yet filed its Quarterly Report on Form 10-Q for the quarter ended June 30, 2005 (the “Second Quarter Report”) which was due August 9, 2005. As previously announced on August 9, 2005, Nasdaq has granted the Company an extension of time until September 30, 2005 in which to file the Second Quarter Report, as well as its Form 10-Q for the quarter ended March 31, 2005 and to otherwise meet all necessary listing standards. A copy of the press release issued by the Company on August 19, 2005 announcing receipt of the notice from Nasdaq is attached hereto as Exhibit 99.1 and is incorporated herein by reference.

 

Item 9.01. Financial Statements and Exhibits.

 

(c) Exhibits.

 

Exhibit

  

Description


99.1    Press release dated August 19, 2005.

 

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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, thereunto duly authorized.

 

Dated: August 19, 2005

     

BIOLASE TECHNOLOGY, INC.

       

By:

 

/s/ John Hohener

               

John Hohener

                Executive Vice President and
Chief Financial Officer

 

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EXHIBIT INDEX

 

Exhibit No.

  

Description


99.1    Press release dated August 19, 2005.

 

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EX-99.1 2 dex991.htm PRESS RELEASE Press release

Exhibit 99.1

 

BIOLASE RECEIVES NASDAQ NOTICE FOR DELAYED JUNE 30 10-Q FILING

 

As Previously Announced, BIOLASE Received NASDAQ Extension through September 30, 2005 to Complete Quarterly Filings

 

SAN CLEMENTE, Calif., August 19 — BIOLASE Technology, Inc. (NASDAQ: BLTIE), a medical technology company that develops, manufactures and markets lasers and related products for dental and medical applications, announced today that it has received a notification letter from The Nasdaq Stock Market that because the Company has not yet filed its Form 10-Q for the quarter ended June 30, 2005, it is not in compliance with a condition for the continued listing of its common stock on the Nasdaq National Market under NASD Marketplace Rule 4310(c)(14), which requires that a listed company file with Nasdaq all reports and other documents filed or required to be filed with the Securities and Exchange Commission, and which could subject the Company’s shares of stock to delisting if such reports are not filed. As previously announced on August 9, 2005, Nasdaq has granted the Company an extension of time until September 30, 2005 in which to file its Form 10-Q for the fiscal quarter ended June 30, 2005, as well as its Form 10-Q for the quarter ended March 31, 2005 and to otherwise meet all necessary listing standards.

 

About BIOLASE

 

BIOLASE Technology, Inc. (http://www.biolase.com) is a medical technology company that designs, manufactures and markets proprietary dental laser systems that allow dentists, oral surgeons and other specialists to perform a broad range of common dental procedures, including cosmetic applications. The Company’s products incorporate patented and patent pending technologies focused on reducing pain and improving clinical results. Its primary product, the Waterlase® system, is the best selling dental laser system. The Waterlase® system uses a patented combination of water and laser to precisely cut hard tissue, such as bone and teeth, and soft tissue, such as gums, with minimal or no damage to surrounding tissue. The Company also offers the LaserSmile system, which uses a laser to perform soft tissue and cosmetic procedures, including tooth whitening.

 

This release contains forward-looking statements that are based on the current expectations of the Company’s management. These forward-looking statements can be identified through the use of words such as “plans” or similar expressions. Forward-looking statements in this release include statements regarding compliance with listing standards of The Nasdaq Stock Market and the filing of reports on Forms 10-Q for the fiscal quarters ended March 31, 2005 and June 30, 2005. These statements speak only as of the date hereof, are based upon the information available to the Company now, are not guarantees of future outcomes and are subject to certain risks, uncertainties and assumptions that are difficult to predict. Actual outcomes could differ materially and adversely from those expressed in any forward-looking statements as a result of a number of factors including, but not limited to, whether the Company can effect a filing of the Forms 10-Q and otherwise comply with the listing standards of The Nasdaq Stock Market on or before September 30, 2005. Such information is subject to change, and the Company undertakes no obligation to update such statements.

 

For further information, please contact: Robert E. Grant, President & CEO; John W. Hohener, Executive Vice President and CFO; or Scott Jorgensen, Director of Finance & Investor Relations, of BIOLASE Technology, Inc., +1-949-361-1200.

 

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