-----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, W0AGejivHEnY09L3fCsBuvKwUPLhmo+jvV2Zm1gFyf4lDbw1imQE8zxEg9EQDUik Owgjk0tpFcjNteh4l6NnjA== 0001193125-07-053592.txt : 20070313 0001193125-07-053592.hdr.sgml : 20070313 20070313172153 ACCESSION NUMBER: 0001193125-07-053592 CONFORMED SUBMISSION TYPE: 8-K PUBLIC DOCUMENT COUNT: 2 CONFORMED PERIOD OF REPORT: 20070308 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: 20070313 DATE AS OF CHANGE: 20070313 FILER: COMPANY DATA: COMPANY CONFORMED NAME: ELECTRONICS FOR IMAGING INC CENTRAL INDEX KEY: 0000867374 STANDARD INDUSTRIAL CLASSIFICATION: COMPUTER COMMUNICATIONS EQUIPMENT [3576] IRS NUMBER: 943086355 STATE OF INCORPORATION: DE FISCAL YEAR END: 1231 FILING VALUES: FORM TYPE: 8-K SEC ACT: 1934 Act SEC FILE NUMBER: 000-18805 FILM NUMBER: 07691441 BUSINESS ADDRESS: STREET 1: 303 VELOCITY WAY CITY: FOSTER CITY STATE: CA ZIP: 94404 BUSINESS PHONE: 6503573500 MAIL ADDRESS: STREET 1: 303 VELOCITY WAY CITY: FOSTER CITY STATE: CA ZIP: 94404 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): March 8, 2007

 


Electronics For Imaging, Inc.

(Exact name of Registrant as Specified in its Charter)

 


 

Delaware   000-18805   94-3086355

(State or other jurisdiction

of incorporation)

 

(Commission

File Number)

 

(I.R.S. Employer

Identification No.)

303 Velocity Way

Foster City, California 94404

(Address of Principal Executive Offices)

(650) 357-3500

(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 March 8, 2007, Electronics for Imaging, Inc. (“EFI”) received an additional Nasdaq Staff Determination notice because of the delay in filing its Annual Report on Form 10-K for the year ended December 31, 2006. As previously announced, a Special Committee of EFI’s Board of Directors is conducting an investigation of EFI’s historical stock option granting practices. EFI is unable to file its Form 10-K until the Special Committee investigation is complete.

As announced on March 2, 2007, a Nasdaq Listing Qualifications Panel has granted EFI’s request for continued listing of its common stock on The Nasdaq Global Select Market, subject to the following conditions: (1) on or about April 13, 2007, EFI must submit additional information to Nasdaq regarding the results of EFI’s internal review of its historical equity award practices and related accounting; and (2) on or before May 8, 2007, EFI must file with the Securities and Exchange Commission its Quarterly Report on Form 10-Q for the quarter ended September 30, 2006, and all necessary restatements of its prior financial statements. EFI’s plan of compliance as presented to the Panel also requires EFI to file its Annual Report on Form 10-K for the year ended December 31, 2006 on or before May 8, 2007.

A copy of the press release disclosing receipt of the notice is filed as Exhibit 99.1 to this report and is incorporated in this Item 3.01 by reference.

Item 9.01. Financial Statements and Exhibits.

(d) Exhibits.

 

Exhibit No.   

Description

99.1    Press Release dated March 13, 2007.


SIGNATURES

Pursuant to the requirements of the Securities Exchange Act of 1934, as amended, the Registrant has duly caused this report to be signed on its behalf by the undersigned, hereunto duly authorized.

 

Date: March 13, 2007   ELECTRONICS FOR IMAGING, INC.
  By:  

/s/ JOSEPH CUTTS

  Name:   Joseph Cutts
  Title:   Chief Operating Officer & Secretary


EXHIBIT INDEX

 

Exhibit No.   

Description

99.1    Press Release dated March 13, 2007.
EX-99.1 2 dex991.htm PRESS RELEASE Press Release

Exhibit 99.1

EFI Receives Additional Nasdaq Notice

Foster City, Calif. – March 13, 2007 – Electronics for Imaging, Inc. (“EFI”) (Nasdaq: EFII) today announced that it received an additional Nasdaq Staff Determination notice on March 8, 2007 for failure to comply with Nasdaq Marketplace Rule 4310(c)(14) because EFI has not timely filed its Annual Report on Form 10-K for the year ended December 31, 2006.

As previously announced, a Special Committee of EFI’s Board of Directors is conducting an investigation of the Company’s historical stock option granting practices. The Company is unable to prepare and file its Form 10-K until the Special Committee investigation is complete.

The Company’s failure timely to file its Form 10-K serves as an additional basis for delisting EFI’s common stock from The Nasdaq Global Select Market. As disclosed on March 2, 2007, a Nasdaq Listing Qualifications Panel has granted EFI’s request for continued listing of its common stock on The Nasdaq Global Select Market, subject to the following conditions: (1) on or about April 13, 2007, EFI must submit additional information to Nasdaq regarding the results of EFI’s internal review of its historical equity award practices and related accounting; and (2) on or before May 8, 2007, EFI must file with the Securities and Exchange Commission its Quarterly Report on Form 10-Q for the quarter ended September 30, 2006, and all necessary restatements of its prior financial statements. EFI’s plan of compliance as presented to the Panel also requires EFI to file its Annual Report on Form 10-K for the year ended December 31, 2006 on or before May 8, 2007. Should EFI be unable to meet these deadlines, there can be no assurance that Nasdaq will grant an additional extension of time to meet such conditions or that EFI’s common stock will remain listed on The Nasdaq Global Select Market.

Forward-Looking Statements

This press release contains forward-looking statements concerning EFI’s investigation of its stock option grant practices and deadlines that must be satisfied in order to maintain the listing of EFI’s common stock on The Nasdaq Global Select Market, including deadlines included in EFI’s plan of compliance as presented to the Nasdaq Listing Qualifications Panel. There can be no assurance concerning the outcomes of the stock option review or satisfaction of the deadlines established by the Panel or EFI’s plan of compliance as presented to the Panel. Forward-looking statements are made as of the date of this press release and, except as required by law, EFI does not undertake an obligation to update its forward-looking statements to reflect future events or circumstances.

About EFI

EFI (www.efi.com) is the world leader in color digital print servers, superwide format printers and inks, and commercial and enterprise print management solutions. EFI’s award-winning solutions, integrated from creation to print, deliver increased performance, cost savings and productivity. The company’s robust product portfolio includes Fiery® digital color print servers; superwide digital inkjet printers, UV and solvent inks; industrial inkjet printing systems, print production workflow and management information software; and corporate printing solutions. EFI maintains 23 offices worldwide.

EFI is a registered trademark of Electronics For Imaging, Inc. in the U.S. Patent and Trademark Office and/or certain other foreign jurisdictions.

Contact:

EFI Public Relations

Katie Maller, 650-357-3032

katie.maller@efi.com

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