8-K 1 a07-10025_18k.htm CURRENT REPORT OF MATERIAL EVENTS OR CORPORATE CHANGES

 

 

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 3, 2007

FIRSTCITY FINANCIAL CORPORATION
(Exact name of registrant as specified in its charter)

Delaware

 

033-19694

 

76-0243729

(State of incorporation)

 

(Commission File No.)

 

(IRS Employer Identification No.)

 

6400 Imperial Drive
Waco, Texas 76712
(Address of principal executive offices) (Zip Code)

Registrant’s telephone number, including area code:  (254) 761-2800


 

Check the appropriate box below if the Form 8-K filing is intended to simultaneously satisfy the filing obligations of the registrant under any of the following provisions:

o   Written communications pursuant to Rule 425 under the Securities Act (17 CFR 230.425)

o   Soliciting material pursuant to Rule 14a-12 under the Exchange Act (17 CFR 240.14a-12)

o   Pre-commencement communications pursuant to Rule 14d-2(b) under the Exchange Act (17 CFR 240.14d-2(b))

o   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 3, 2007, FirstCity Financial Corporation (the “Company”) received a Staff Determination Notice from The Nasdaq Stock Market indicating that the Company is not in compliance with Nasdaq Marketplace Rule 4310(c)(14) because the Company has not timely filed its Annual Report on Form 10-K for the year ended December 31, 2006, and that its common stock is, therefore, subject to delisting.

The Company plans to appeal this determination and request a hearing before the Nasdaq Listing Qualifications Panel (the “Panel”).  However, there can be no assurance that the Panel will grant the Company’s request for continued listing.  Pending a decision by the Panel, the Company’s common stock will remain listed on the Nasdaq Global Market.

The Company issued a press release in connection with the foregoing matters on April 5, 2007, a copy of which is attached hereto as Exhibit 99.1.

Item 9.01   Financial Statements and Exhibits.

(d)           Exhibits

99.1         Press Release dated April 5, 2007.

 




 

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.

 

FIRSTCITY FINANCIAL CORPORATION

 

 

 

 

 

 

 

 

 

 

Date: April 5, 2007

 

By:

 

/s/ J. Bryan Baker

 

 

 

 

J. Bryan Baker

 

 

 

 

Senior Vice President and Chief Financial Officer

 




 

EXHIBIT INDEX

Exhibit No.

 

Description

99.1

 

Press Release dated April 5, 2007