-----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, C8JI1JEpQYBfb5xktSgkdsI2d7oV08SPPuNmQTYyI/HQZ+FohNHqr8N+AsTlwJ5l RmIYqKm5CVFZpEtvSYX3WA== 0001157523-07-003397.txt : 20070409 0001157523-07-003397.hdr.sgml : 20070409 20070409165827 ACCESSION NUMBER: 0001157523-07-003397 CONFORMED SUBMISSION TYPE: 8-K PUBLIC DOCUMENT COUNT: 2 CONFORMED PERIOD OF REPORT: 20070405 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: 20070409 DATE AS OF CHANGE: 20070409 FILER: COMPANY DATA: COMPANY CONFORMED NAME: DELL INC CENTRAL INDEX KEY: 0000826083 STANDARD INDUSTRIAL CLASSIFICATION: ELECTRONIC COMPUTERS [3571] IRS NUMBER: 742487834 STATE OF INCORPORATION: DE FISCAL YEAR END: 0129 FILING VALUES: FORM TYPE: 8-K SEC ACT: 1934 Act SEC FILE NUMBER: 000-17017 FILM NUMBER: 07756811 BUSINESS ADDRESS: STREET 1: ONE DELL WAY STREET 2: STED CITY: ROUND ROCK STATE: TX ZIP: 78682-2244 BUSINESS PHONE: 5127284737 MAIL ADDRESS: STREET 1: ONE DELL WAY CITY: ROUND ROCK STATE: TX ZIP: 78682 FORMER COMPANY: FORMER CONFORMED NAME: DELL COMPUTER CORP DATE OF NAME CHANGE: 19920703 8-K 1 a5373147.txt DELL INC. 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): April 5, 2007 ---------- Dell Inc. (Exact name of registrant as specified in its charter) Delaware 0-17017 74-2487834 (State or other jurisdiction (Commission File Number) (IRS Employer of incorporation) Identification No.) One Dell Way, Round Rock, Texas 78682 (Address of principal executive offices) (zip code) Registrant's telephone number, including area code: (512) 338-4400 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 April 5, 2007, Dell received an additional NASDAQ Staff Determination notice stating that the company is not in compliance with NASDAQ Marketplace Rule 4310(c)(14) because it has not timely filed its Annual Report on Form 10-K for the fiscal year ended February 2, 2007. A copy of the press release issued on April 9, 2007, announcing the company's receipt of this notice, is attached as Exhibit 99.1 and incorporated herein by reference. Item 9.01 Financial Statements and Exhibits. (d) Exhibits. Exhibit 99.1 -- Press Release issued by Dell Inc., dated April 9, 2007. 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. DELL INC. Date: April 9, 2007 By: /s/ Thomas H. Welch, Jr. -------------------------------------- Thomas H. Welch, Jr. Vice President and Assistant Secretary 3 EXHIBIT INDEX Exhibit No. Description of Exhibit - ------- ---------------------- 99.1 Press Release issued by Dell Inc., dated April 9, 2007. 4 EX-99.1 2 a5373147ex991.txt EXHIBIT 99.1 Exhibit 99.1 Dell Receives NASDAQ Notice Due to Delay in Filing of Form 10-K ROUND ROCK, Texas--(BUSINESS WIRE)--April 9, 2007--Dell (NASDAQ:DELL) received, as expected, a NASDAQ Staff Determination Letter on April 5, 2007, indicating that the company is not in compliance with the NASDAQ continued listing requirements set forth in Marketplace Rule 4310(c) (14). The Determination Letter relates to the delayed filing of the company's Form 10-K for the fiscal year ended February 2, 2007. The company previously announced receipt of NASDAQ Staff Determination letters relating to the delayed filing of its Quarterly Reports on Form 10-Q for the periods ended August 4, 2006 and November 3, 2006. As Dell announced on March 1, 2007, the NASDAQ Listing and Hearing Review Council has decided to stay any future action by the NASDAQ Listing Qualifications Panel to delist the company's common stock pending further review. As a result of that decision, Dell's common stock will remain listed on The NASDAQ Stock Market pending completion of the Council's review. The Company may submit in writing additional information for the Council's consideration by May 4, 2007. About Dell Dell Inc. (NASDAQ:DELL) listens to customers and delivers innovative technology and services they trust and value. Uniquely enabled by its direct business model, Dell is a leading global systems and services company and No. 25 on the Fortune 500. For more information, visit www.dell.com. To get Dell news direct, visit www.dell.com/RSS. CONTACT: Dell Inc., Round Rock Media Contacts: Bob Pearson, 512-728-3256 bob_pearson@dell.com or Dwayne Cox, 512-728-6236 dwayne_cox@dell.com or Investor Contacts: Lynn A. Tyson, 512-723-1130 lynn_tyson@dell.com or Robert Williams, 512-728-7570 robert_williams@dell.com -----END PRIVACY-ENHANCED MESSAGE-----